Page 4693 - Week 12 - Thursday, 1 November 2018
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in assessing price and identifying the minister or other entity that approved the acquisition. This will also include a short summary of the reason for the acquisition, the public interest, consistency with the Territory Plan and value for money, among other matters. These content requirements are in the government’s amendments 8, 9 and 10 which amend section 8.
The idea is for these reports to be clear, concise and a summary of the acquisition—a quick read. The bill as presented would not achieve this but would clutter and confuse the report with excess information. Under the government amendments the reports will provide sufficient information for the reader to assess a report and decide whether to explore further. Should any of my colleagues in this place wish to inquire further there are obviously a number of avenues for this, including questions on notice, estimates hearings and FOI requests.
Importantly, the bill will not require full reports to be made in connection with the land required under the Lands Acquisition Act. This is the effect of government amendments 10, 15 and 17. This recognises that the Lands Acquisition Act has its own detailed reporting mechanisms and that information as to price may not be available, as compulsory land acquisitions can be made for a price determined.
As I have indicated, the government amendments include a number of measures for the protection of privacy. Disclosure of specific addresses for all land required for public housing or for a sensitive community health or safety facility could lead to the identification of a future resident or user of such a facility. This would amount to an unacceptable intrusion into the privacy of such individuals.
The public housing government amendments will require the disclosure of the general area, that is, of the relevant district as determined under the Districts Act. This is the effect of the new section 9 in government amendment 18. The level of protection against disclosure is in keeping with existing privacy exemptions in relevant provisions of the Freedom of Information Act 2016 and the Housing Assistance Act 2007. This measure will also apply to ACT Housing properties that are used for the provision of sensitive community services, such as domestic violence shelters. There are similar policy provisions for acquisitions that are declared by the minister to be for a sensitive community health or safety facility. There are also protections for former owners of land rent leases, consistent with the Taxation Administration Act 1999.
The bill will also remove the name of any individual seller of land. There is scope for regulations to add these protections. The bill as presented requires the disclosure of otherwise confidential information to the relevant committee of the Assembly. While I respect the proven ability of committees to protect confidential information under relevant protocols, I see little justification for this additional exposure of confidential information.
I thank Mr Coe and Ms Le Couteur for collaborating with the government to come to an agreement on this bill. The bill, in conjunction with the government’s proposed amendments, will be effective and focused, avoid excessive red tape and result in a more informed community. The government supports the bill, subject to the proposed government amendments.
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