Page 3204 - Week 09 - Tuesday, 19 August 2008
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DR FOSKEY (Molonglo) (12.20): I move amendment No 7 circulated in my name [see schedule 1 at page 3291].
In speaking to this amendment, I will also be speaking to my amendment No 9. Amendments 7 and 9 give providers a right to deregister themselves. It strikes me, and it struck the providers, that there should be a capacity for providers to voluntarily withdraw from the scheme or set in place a process which would result in that withdrawal. I understand that there are complexities here. I have no doubt that it would have been possible to draft amendments that dealt with this issue in a way that would more cautiously allow the commissioner to manage the withdrawal process. Nonetheless, it seems to me that this amendment and amendment No 9 are really important. I seek the support of the Assembly.
MR SESELJA (Molonglo—Leader of the Opposition) (12.21): We support this change. As I identified in my speech on the initial, in-principle stage, a key risk is that legislation could potentially become a very heavy-handed regime. It stifles activity by non-government providers. Bearing in mind the powers given to the ACT government under this act to promulgate multiple rules and to engage in extensive intervention in the affairs of providers, it is only fair that there be an opt-out option. The opt-out provision is the logical corollary of the opt-in provision which the government agreed to in its amendment to clause 25A (1); we therefore support the amendment.
MR HARGREAVES (Brindabella—Minister for Territory and Municipal Services, Minister for Housing, Minister for Multicultural Affairs) (12.22): The government will not be supporting the amendment.
Amendment negatived.
Clause 8, as amended, agreed to.
Clause 9.
MR HARGREAVES (Brindabella—Minister for Territory and Municipal Services, Minister for Housing, Minister for Multicultural Affairs) (12.22): I move amendment No 12 circulated in my name [see schedule 2 at page 3293].
Amendment 12 clarifies the appeal mechanisms under the bill and reflects the avenues that applicants have to appeal decisions made by the commissioner to refuse an application for registration, to suspend or cancel housing assistance, to refuse changes to the constitution or rules and to intervene in the business of a provider or to deregister a provider.
DR FOSKEY (Molonglo) (12.23): This amendment is the result of dialogue with housing providers. Keen observers will note that the new table 31A incorporates a couple of other decisions of the commissioner that will now be reviewable—namely, any decision to remove a housing provider from the register and registering a provider on conditions. These might seem like small changes, but their implications in terms of fairness are extremely significant.
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