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Legislative Assembly for the ACT: 2004 Week 08 Hansard (Thursday, 5 August 2004) . . Page.. 3581 ..

Detail stage

Bill, by leave, taken as a whole.

MS DUNDAS (8.39): I move amendment No 1 circulated in my name [see schedule 3 at page 3597].

I would like to provide some further details about what this amendment attempts to do. It would make any application of policy required by the government to be notified on the legislation register and to the Assembly through a notifiable instrument. This is not to suggest that there is anything nefarious about applying government policies to territory-owned corporations, as this is often a welcome and useful thing to ensure the accountability of organisations as well as to ensure that they are complying with important government practices and collection.

However, it is also evident that territory-owned corporations are required to operate at arms length of government. This amendment simply ensures that the interactions between the ACT government and territory-owned corporations are transparent and open to public and Assembly scrutiny. I commend this amendment to the Assembly.

Amendment agreed to.

Bill, as a whole, as amended, agreed to.

Bill, as amended, agreed to.

Intoxicated Persons (Care and Protection) Amendment Bill 2004

Debate resumed from 24 June 2004, on motion by Mr Corbell:

That this bill be agreed to in principle.

MR SMYTH (Leader of the Opposition) (8.41): The opposition supports this bill, which seeks to give greater protection to clients and staff at sobering-up facilities or, as they are referred to in this bill, licensed places. The bill was introduced as a result of limitations in the current act relating to the ability of carers to ensure the safety of people using sobering-up places. Currently, carers cannot search clients for illegal or dangerous substances or clothing that might be used for self-harm—for example, for hanging by someone who is in the grip of alcohol or drugs.

This bill provides a framework for carers to search clients and, if necessary, to refuse them entry to premises if they do not want to be searched or if they are found to be carrying a dangerous substance. The opposition believes that the winners in this will be clients as well as carers. This stronger framework will enable the facilities—I think there are only one or two in the ACT at the moment—to run more safely and effectively. As I said earlier, the opposition supports this bill.

MS DUNDAS (8.42): The ACT Democrats also support this bill, although we note that the Intoxicated Persons (Care and Protection) Act, which we are amending, has not had a

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