Page 1311 - Week 05 - Thursday, 18 June 2020
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Title read by Clerk.
MR RATTENBURY (Kurrajong—Minister for Climate Change and Sustainability, Minister for Corrections and Justice Health, Minister for Justice, Consumer Affairs and Road Safety and Minister for Mental Health) (11.12): I move:
That this bill be agreed to in principle.
I am pleased to present the Justice Legislation Amendment Bill 2020 to the Assembly. The introduction of this bill demonstrates the government’s continuing commitment to improving the operation of the territory’s laws. This bill is not a typical Justice and Community Safety omnibus bill. While the bill makes a range of minor or technical changes to legislation, across 27 pieces of legislation, some amendments involve more substantive policy changes.
Some of the more substantive changes include: introducing a “fit and proper person” test for individuals to be licensed as a real estate agent or registered as a salesperson; protecting consumers by empowering the Commissioner for Fair Trading to conduct binding conciliation for consumer disputes up to $5,000; streamlining and strengthening processes at the ACT Human Rights Commission; improving and clarifying processes under the Crimes (Sentence Administration) Act 2005, including with respect to confidentiality, hearings and holding in custody; and allowing for particular youth sexual offence convictions to be spent subject to robust safeguards.
The Agents Act 2003 sets out the eligibility criteria for a person to be licensed or registered as a real estate agent or salesperson in the ACT. It also sets out the grounds which disqualify a person from holding such a licence or registration. The bill introduces an additional “fit and proper” test in the form of a set of suitability matters to be considered by the Commissioner for Fair Trading. This test ensures that individuals who are licensed as agents or registered as salespersons are fit to hold these positions.
The suitability matters to be considered by the Commissioner for Fair Trading include that a person has been convicted of a relevant offence, which means an offence involving dishonesty, an offence against the person, an offence involving violence, a sexual offence, or a serious drug offence; the nature, seriousness and circumstances of the offence and its relevance to the duties required to be undertaken; and whether the offence indicates that the person may pose a risk to public safety or members of the public. The bill also empowers the Commissioner for Fair Trading to conduct binding conciliations for consumer disputes relating to claims of no more than $5,000 in the ACT.
This mechanism will increase protections for consumers and strengthen enforcement remedies currently available to rectify harm caused by unlawful conduct and will deter non-compliance. Conciliations can occur at the request or with the consent of the consumer. The Commissioner for Fair Trading may also call compulsory conferences between the trader and the consumer. If the commissioner wishes to exercise their power to conciliate a dispute, the commissioner needs to be satisfied
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