Page 3031 - Week 10 - Tuesday, 23 August 2005

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been dealt with by the commission. I do not think that last one actually covers every conceivable body, but it is there. So when I was discussing this with the parliamentary counsel, I was advised that probably the best way this could be overcome, and indeed highlighted to enhance what is already in clause 78, is for this note to be inserted into division 4.2. It is a minor point, perhaps, but an important one for the issue of vexatious complaints. It will also attempt to ensure that people do make the one complaint and do not actually engage in forum shopping.

MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs) (12.16): Let me say, I think most significantly, what a pleasure it is to work with Mr Stefaniak and the Liberal Party on issues around human rights and the enhancement of human rights. I am very happy to acknowledge the support of Mr Stefaniak and the Liberal Party in our work to establish the Human Rights Commission.

I would like to thank the Liberal Party for this contribution to enhancing the commission. I am more than happy to support the amendment. It is good to see the Liberal Party’s fingerprints on this legislation and their commitment, begrudging as it is, to human rights and to supporting those within the community who are looking for more efficient and better ways of ensuring that their rights are protected and that complaints and concerns that they have are appropriately pursued. I thank again the Liberal Party, the opposition, and I will happily support this proposed amendment of Mr Stefaniak’s.

Amendment agreed to.

Division 4.2 new note agreed to.

Clauses 47 to 50, by leave, taken together and agreed to.

Clause 51.

DR FOSKEY (Molonglo) (12.18): I seek leave to move amendments Nos 13 and 14 circulated in my name together.

Leave granted.

DR FOSKEY: I move amendments Nos 13 and 14 circulated in my name [see schedule 1 at page 3105].

Amendments Nos 13 and 14 relate to clauses 51 (1) and 51 (2). They would replace “the commission” with the words “a commissioner” to retain the autonomy of individual commissioners in relation to any decision to refer a complaint to conciliation. These amendments provide individual commissioners with the authority to refer a complaint that they are investigating for conciliation without having to refer back to a meeting of the commission. This clarifies the stated position of the government that the individual commissioners have decision-making authority in matters that have been delegated to them and also ensures that there are no unnecessary delays in referring matters to conciliation.


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