Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .

Legislative Assembly for the ACT: 2004 Week 03 Hansard (Thursday, 11 March 2004) . . Page.. 1124 ..

MR PRATT (6.00): We will support the amendment, as we are in favour of accountability and reporting.

Amendment agreed to.

Clause 110, as amended, agreed to.

Clauses 111 to 140, by leave, taken together and agreed to.

Proposed new clause 140A.

MR CORBELL (Minister for Health and Minister for Planning) (6.01): I move amendment number 16 circulated in my name [see schedule 2 at page 1181], which inserts a new clause 140A. This amendment extends the definition of the terms “former licensee” and “while licensed” for section 53 (3). The intention is to remove doubt that the bill’s disciplinary action provisions apply to licences, permit holders and registered people that held or formerly held those authorities under laws that this bill repeals or under the laws that the bill refers to as its operational acts.

MRS DUNNE (6.01): The Liberal opposition will be supporting this amendment because it gets around the loophole of people who may suspend their licence as a means of avoiding demerit points. That would be a reprehensible situation. Therefore, we will agree to this amendment.

Proposed new clause 140A agreed to.

Clauses 141 to 145, by leave, taken together and agreed to.

Clause 146.

MRS DUNNE (6.02): I am not moving the amendment.

MR CORBELL (Minister for Health and Minister for Planning) (6.02): I move amendment 17 circulated in my name [see schedule 2 at page 1182]. Clause 146 deals with transitional arrangements in relation to contraventions, before the bill’s commencement day may be taken account of in relation to rectification orders. The intention of the reforms was always to ensure that disciplinary action was available where a disciplinary ground occurred prior to the commencement day. However, it became apparent that the bill did not adequately provide for this. This amendment adds a reference to section 53—disciplinary grounds—so that a licensee is still accountable for a disciplinary ground that occurred prior to the commencement day but is discovered after the commencement day.

The nature of work that licensees undertake means that a ground for disciplinary action may not be discovered immediately. It is important to remind members that, as part of this package of legislation, the disciplinary provisions in the existing legislation will be repealed. This means that the power to take disciplinary action and issue rectification orders on construction work prior to the commencement day must be in the new legislation.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .