Page 2039 - Week 07 - Thursday, 23 August 2007

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MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (9.52): I move amendment No 117 circulated in my name [see schedule 1 at page 2065].

Amendment No 117 will insert a new note to clause 403 and omit clause 403 (2). The omission of this clause and the new note will clarify that ministerial decisions are not reviewable. The previous wording indirectly applied to the right to seek merit review in the AAT if a call-in matter was possible. This certainly is not the case. A call-in matter is not subject to merit review in the AAT.

Amendment agreed to.

Clause 403, as amended, agreed to.

Proposed new clause 403A.

MR SESELJA (Molonglo) (9.53): I move amendment No 20 circulated in my name [see schedule 2 at page 2099].

This amendment will insert a new clause 403A. I broadly covered this amendment when I spoke earlier in debate on amendment No 19. As I said, this amendment will ensure that groups are not excluded from making applications to or lodging an appeal with the AAT. It was interesting to hear the minister state that that would trample on the review rights of the AAT when one of his amendments and some of the issues that we have been discussing relating to call-ins will do just that.

The minister was not prepared to do that in relation to west Belconnen; he got Mr Hargreaves to trample on the AAT’s review rights. That is an interesting difference of opinion. It is all right for the minister to take away the right of residents to appeal to the AAT but he said that it would be some sort of breach of the separation of powers to grant them standing. I do not quite follow that logic. For that reason I call on all members to support my amendment.

MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation, Minister for Industrial Relations) (9.54): I will respond briefly to Mr Seselja’s contribution.

Mr Smyth: Careful! I might respond to you.

MR SPEAKER: Order!

MR BARR: Coming from a former planning minister who called in many a development, that is a bit rich.

Mr Smyth: A very wise decision.

MR SPEAKER: Order!


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