Page 2644 - Week 08 - Thursday, 30 June 2005
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ACT. In such cases, the Community Advocate is forced to seek guardianship orders so that they can make necessary decisions, causing unnecessary strain on resources.
While this department is undertaking a review of the Powers of Attorney Act 1956, legislative changes arising from the review are expected to be prepared in late 2005. In the meantime, there is a pressing need to recognise enduring powers of attorney made in other Australian jurisdictions. The Bill contains an amendment to the Powers of Attorney Act 1956 to recognise interstate enduring powers of attorney.
Residential Tenancies Act 1997
Changes in 2004 to the Residential Tenancies Act 1997 led to the short-term occupancy market formalising occupancy agreements. This presented the opportunity whereby bond collected under such occupancy agreements could be managed in the same way as similar rental agreements, by the Office of Rental Bonds, on a fully funded basis. The amendment to the Act permits (but does not compel) the Office of Rental Bonds to accept bonds from occupiers.
In addition, an amendment has also been drafted to section 51 of the Act to clarify that only a lessor can make an application to a tribunal for a termination and possession order.
Standard Time and Summer Time Act 1972
Last year, all Australian States and Territories agreed to implement the National Time Commission’s recommendation to replace references to Greenwich Mean Time (GMT) in legislation with Co-ordinated Universal Time (UTC). GMT and UTC are approximately equivalent. The difference between the two time scales is minute, but is important for computer programs that use high speed data transfers and in universal synchronization applications. UTC is also the recognised legal standard for time under the Commonwealth’s National Measurement Act 1960 and is the only time scale supported by a technical infrastructure. The National Time Commission predicts that UTC will replace GMT as the international time standard. The amendments to the Standard Time and Summer Time Act 1972 give recognition to UTC as the standard time in the ACT, to commence on 1 September 2005.
Supreme Court Act 1933
Under section 37J of the Supreme Court Act 1933, the Appeals Court can be constituted by a single judge when dealing with certain matters, such as applications for leave to appeal, extensions of time to appeal and leave to amend the grounds relied upon. To improve efficiency, the amendment to the Supreme Court Act 1933 permits the Court of Appeal to be constituted by a single judge (rather than three) with authority to strike out an appeal for want of prosecution or failure to comply with procedure requirements or for appeals that are scandalous, vexatious or unintelligible. The amendment to section 37J broadens the range of matters that can heard by a single judge in the Court of Appeal.
In addition, section 37U of the Supreme Court Act 1933 does not make provision for pension or long service leave entitlements for any incoming judge following the current Chief Justice’s retirement. An amendment to section 37U permits any new judges following the departure of the Chief Justice to receive the same entitlements as the remainder of the ACT judges.
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