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Legislative Assembly for the ACT: 2005 Week 2 Hansard (17 February) . . Page.. 625..


MR STEFANIAK (continuing):

way of doing it and it is okay at present, there may be some problems that crop up with that. I suppose it is a matter of watch this space and let us see how it goes. But, generally, apart from the problems I indicated earlier in terms of the consultation, this legislation is a very good step forward. Let us see how it all pans out.

Amendment agreed to.

Clause 7, as amended, agreed to.

Remainder of the bill, by leave, taken as a whole.

MR HARGREAVES (Brindabella-Minister for Disability, Housing and Community Services, Minister for Urban Services and Minister for Police and Emergency Services) (5.25): I seek leave to move amendments Nos 1 to 3 together.

Leave granted.

MR HARGREAVES: I move amendments Nos 1 to 3 together [see schedule 3 at page 634].

I want to be absolutely sure that everybody knows what we are doing in these amendments and that our intention is to omit clause 19. Government amendments 1, 2 and 3 are traditional amendments that will allow fitness to plead hearings that have been referred to the Mental Health Tribunal prior to the commencement of the bill to continue under the existing act's provisions. If, prior to the commencement of the bill, the Supreme Court or the Magistrates Court has made an order referring the matter to the Mental Health Tribunal and the tribunal has not made a final determination about a person's fitness to plead, then existing part 8 continues to apply.

A transitional amendment is also necessary to ensure that a decision made by the Mental Health Tribunal that a person is unfit to plead will be deemed to be a decision of the Magistrates Court to allow the Mental Health Tribunal to review that decision under new section 68 of the act. Under the proposed new act, the review functions of the tribunal under existing section 69A are preserved and the provision is renumbered section 68 as a consequence.

Amendments agreed to.

Remainder of bill, as a whole, as amended, agreed to.

Bill, as amended, agreed to.

Adjournment

Motion (by Mr Hargreaves ) proposed:

That the Assembly do now adjourn.


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