Page 4993 - Week 13 - Thursday, 12 November 2009
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clarifying the existing procedure, and I raise it as a second point for the attorney to provide further information on.
The existing process under the legislation is that a decision of ACAT may be appealed back to ACAT on a matter of fact or law. The President of ACAT has the option of determining that the Supreme Court would be more appropriate to hear the appeal, obtaining the leave of the Supreme Court and referring the matter to the Supreme Court for hearing.
The amendment will change the process from one of referral by ACAT to one of application by the party involved. This appears to be a change in policy from an active ACAT that seeks the leave of the Supreme Court and forwards through the appeal to a system where the party involved is required to make the application themselves. While I think this is a relatively discrete potential change in policy, I think it warrants further information from the Attorney-General. It does appear to represent a change in policy, and it differs on that basis from the amendments in the remainder of the bill.
With the two exceptions I have set out, this is an amendment bill that is fully supported by the Greens. It makes for better legislation that is more consistent and better suited to pursuing the underlying public policy objectives. The Greens support the bill in its current form and anticipate the clarifying information outlined. I look forward to the attorney being able to make those comments when he comes down to speak on this bill. I am sure the Attorney-General will be keen to follow up the comments that I have made today. I know he takes a very close interest in his legislation. I look forward to the clarification on those points that I have made.
MS BURCH (Brindabella—Minister for Disability, Housing and Community Services, Minister for Ageing, Minister for Multicultural Affairs and Minister for Women) (4.13): The purpose of the government’s justice and community safety bills is to regularly and frequently maintain the quality of the territory’s legislation. These bills gather together many simple and uncontroversial reforms that are, nevertheless, important to ensure that the territory’s laws function well.
A key benefit of the government’s JACS bills program is efficiency. Rather than introducing separate legislation for each and every change, no matter how uncontroversial or simple, the JACS bills collect these changes into a single package. By introducing JACS bills at regular intervals throughout the year, the government offers agencies an efficient vehicle for enacting basic reforms.
Although these reforms are not controversial and do not represent shifts in government policy, they are important. Constant improvement in legislation helps to ensure that the territory is able to devote its resources to effective delivery of services in the community, with minimal confusion and red tape.
The amendments in this JACS bill of 2009 are all straightforward, simple responses to issues that have arisen throughout the course of the year. These amendments show that the government is paying careful attention to the implementation and administration of law in the territory, and the collection of amendments demonstrates the government’s ability to respond to the need for changes whenever the opportunity presents.
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