Page 1734 - Week 06 - Tuesday, 6 June 2006
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I am pleased to say that the local legal profession, the law society and the bar association have been closely involved in the preparation of this bill and have, as a consequence, expressed substantial agreement with it. I say substantial because there remain some areas in which I am sure the bar or the law society would prefer new or different provisions. In keeping with the spirit in which this legislation has been developed, my department continues to discuss with the professional and other stakeholder groups any areas of concern. It may be necessary to return to this Assembly at a later date with some further refining amendments.
When I presented the bill, I alluded to the current review of the national model bill from which this bill has been developed. That review is nearly complete and it is likely that quite a number of amendments to this legislation will result. While it would have been preferable to deal with all of the profession’s concerns before the bill was debated, the agreed commencement date of 1 July 2006 has constrained the government’s ability to do so.
However, I can foreshadow that the government will be moving a small number of minor amendments aimed at clarifying and correcting several provisions. These have already been circulated to members and briefings offered. The amendments are quite simple in their effect. In short, they relate to correcting a few references to the functions of the admissions board; clarifying a person’s right of appeal to the Supreme Court from decisions of the disciplinary tribunal; and correcting references in the HIH provisions at schedule 3 to the bill to suit the ACT context. These amendments will significantly improve the operation of legislation and will be relevant from its commencement on 1 July this year.
I should point out to members of the Assembly that late yesterday afternoon my department received scrutiny report No. 26 that relates to this bill. Obviously, it has not been possible to address the specific issues raised in the report, but I have already asked my department to advise me as soon as possible on any matters that may require amendments to the act later this year. It is worth noting also that at this early stage I will be considering the comments in the report in the context of the territory’s implementation of a national scheme, having regard to the independent self-regulating nature of the law society and the bar association.
That being said, I wish to express my sincere appreciation of the efforts, not only of the standing committee, but also of members of the Assembly in turning their minds quickly and thoroughly to the consideration of this very significant piece of legislation. As I have said, it is critical to the implementation of this national project that the ACT meets its obligation to implement the model law on the agreed date, and the willingness of all involved to assist that process is certainly worth mentioning.
Mr Speaker, it is worth, I think, reminding members that the bar association and the law society have committed to a 1 July 2006 commencement, and a failure to implement this legislation by that date will have extremely adverse effects on the ability of their members to continue in practice, particularly barristers, who must be able to receive new practising certificates under this law on 1 July this year.
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