Page 1576 - Week 05 - Thursday, 8 May 2008

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The government has examined the paper and has listened to comments flowing from the release of the paper. On reflection, the government has decided to proceed with the full consolidation of most tribunals, and that is the purpose of this bill, as this best accommodates the differences in jurisdiction, while maximising the access and efficiency benefits of amalgamation.

This would involve the consolidation of the following jurisdictions and tribunals:

• Administrative Appeals Tribunal;

• Essential Services Consumer Council;

• Mental Health Tribunal;

• Guardianship and Management of Property Tribunal;

• Discrimination Tribunal;

• Health Professions Tribunal;

• Legal Profession Disciplinary Tribunal;

• Liquor Licensing Board of the ACT;

• ACT Architects Board;

• Chief Surveyor, when acting as a tribunal;

• Commissioner for Fair Trading, when acting as a tribunal in relation to motor vehicle dealers, tobacco and finance brokers;

• Construction Occupations Registrar, when acting as a tribunal;

• Consumer and Trader Tribunal;

• Credit Tribunal; and

• Residential Tenancies Tribunal.

In addition, the government has decided to include the small claims jurisdiction in the transfer of functions, as stakeholders put forward a convincing case for its inclusion in the consolidated tribunal. The transfer of the small claims jurisdiction is an attractive option as it does not fit well within the broader civil jurisdiction of the Magistrates Court. The claims procedure is different, and hearings vie for priority with more substantial criminal and other matters. Incorporation within a consolidated tribunal provides the possibility of enhancing access to justice for small civil matters. It will also provide a better fit as a one-stop shop for a range of associated claims presently associated with residential tenancy, building disputes and utility matters.

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