Page 1963 - Week 05 - Thursday, 16 May 2019
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(ii) abatement notices and (iii) abatement orders under the Public Health Act 1997 (ACT) broken down by type of offence for each financial year since 2007-08 to date.
(3) In relation to part (2), for each financial year since 2007-08 to date, what is the total number penalties or fines issued but were later contested broken down by (a) type of penalty or fine, (b) average value of penalty or fine and (c) total value of contested revenue from that type of penalty or fine.
(4) In relation to part (3), for each financial year since 2007-08 to date, what is the total number penalties or fines issued but were later withdrawn broken down by (a) type of penalty or fine, (b) average value of penalty or fine and (c) total value of forgone revenue from that type of penalty or fine.
Ms Fitzharris: The answer to the member’s question is as follows:
(1) The Public Health Act 1997 does not have provisions for the issuing of fines or penalties outside of a prosecution or via an application to a Magistrate to issue an order to pay the Territory monies subject to an Abatement Order sought under the Act.
a. Prosecutions under the Act resulted in two fines issued since 2007-08 to date. Both of these fines were issued in the 2011-12 financial year for insanitary conditions.
(i) both fines related to contraventions of Section 67(b) of the Public Health Act 1997 for the offence of allowing an insanitary condition to exist.
(ii) One fine related to a property in Downer and one fine related to a property in Hawker.
b. No fines or penalties have been issued in relation to abatement orders
c. No fines or penalties have been issued in relation to abatement orders.
(2) As indicated in answer to question 1, only two fines have been issued between the 2007-08 financial year to date. Both these fines occurred in the 2011-12 financial year, and were $1650 and $3300.
(3) In relation to part (2), there were no penalties or fines issued that were later contested.
(4) In relation to part (3), there were no fines or penalties issued that were later withdrawn.
Health—insanitary conditions
(Question No 2385)
Mr Coe asked the Minister for Health and Wellbeing, upon notice, on 22 March 2019:
(1) What was the (a) minimum, (b) median, (c) average and (d) maximum amount of time allowed by the ACT Government for works to be carried out in accordance with (i) abatement notices and (ii) abatement orders in relation to insanitary conditions during each financial year since 2007-08 to date.
(2) In relation to part (1), what was the (a) minimum, (b) median, (c) average and (d) maximum amount of time it took for works to be completed in accordance with (i) abatement notices and (ii) abatement orders each financial year since 2007-08 to date.
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