Page 72 - Week 01 - Tuesday, 15 February 2011
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This does not mean that the government will hold off on considering section 9C of the Bail Act. If the dialogue brought about by this declaration of incompatibility results in proposals by the government to change the legislation, any decision on those changes will ultimately have to be made by this place.
The government’s appeal will not affect the other orders made by Her Honour in Islam; nor does it affect my obligation to present the declaration of incompatibility to the Assembly and, in due course, provide a response to it. As attorney, I will prepare a written response to the declaration of incompatibility and present it to the Assembly no later than six months from today as required by section 33(3) of the Human Rights Act.
Given that the Human Rights Act commenced operation on 1 July 2004, one might have reasonably expected that a declaration would have been made before now. The
fact that none has been made is a sign that the assessment of human rights compatibility being undertaken by my department and by other government agencies in the formulation of policy proposals, and indeed through this Assembly’s own scrutiny of bills committee, is working well.
Now that a declaration has been made, I welcome the opportunity to engage in a healthy and productive dialogue with the ACT community, other arms of government and, of course, members in this place over the next six months about the human rights issues raised in this decision.
Papers
Mr Corbell presented the following papers:
Civil Law Wrongs Act, pursuant to Schedule 4, subsection 4.60(3)—Review of Schedule 4—Report on the outcome—Professional Standards, dated February 2011.
Performance reports
Financial Management Act, pursuant to section 30E—Half-yearly departmental performance reports—December 2010, for the following departments or agencies:
ACT Health.
ACT Planning and Land Authority.
Chief Minister’s Department, dated January 2011.
Department of Disability, Housing and Community Services, dated January 2011.
Department of Education and Training, dated January 2011.
Department of Justice and Community Safety.
Department of Land and Property Services.
Department of Territory and Municipal Services—
Minister for Territory and Municipal Services Portfolio.
Minister for Tourism, Sport and Recreation Portfolio.
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