Page 3284 - Week 09 - Tuesday, 19 August 2008
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bills. These three bills will establish the consolidated ACT Civil and Administrative Tribunal, ACAT, and consequentially amend a large range of the territory’s legislation. As I foreshadowed, the government will be moving a number of amendments, which I will be happy to discuss in the detail stage of the debate.
The decision to consolidate most ACT tribunals has been reached after extensive consultation with stakeholders. Contrary to claims made by members this evening, it is simply not the case that this has been a rushed process.
Mr Smyth: The amendments have.
Mr Seselja: When did you drop the amendments?
MR SPEAKER: Forget it.
MR CORBELL: In fact, it began in 2006, with the study of ACT tribunals by the Department of Justice and Community Safety. This study culminated in the release of an options paper, which highlighted the shortcomings of the existing tribunal structure and canvassed a number of options for reform. Members were also provided with this.
Opposition members interjecting—
MR SPEAKER: Don’t forget that you are both on a warning.
MR CORBELL: After consideration of the options paper and extensive consultation with stakeholders, the government decided to proceed with the full consolidation of most tribunals, as this best accommodates the differences in jurisdiction whilst maximising the access and efficiency benefits for amalgamation.
This involves the consolidation of the following jurisdictions and tribunals. It mentions the 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; 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 of the Magistrates Court in the transfer of functions, as stakeholders put forward a convincing case for its inclusion in the consolidated tribunal, including that small claims do not fit well under the civil jurisdiction of the Magistrates Court and that 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.
I would like to thank the Standing Committee on Legal Affairs for their scrutiny of the bills. I have prepared and forwarded to the committee a detailed response to their
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