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Legislative Assembly for the ACT: 2005 Week 7 Hansard (21 June) . . Page.. 2071..


MS GALLAGHER (continuing):

This inadvertent technical problem effectively rendered the appointment process invalid due to the procedural requirements of the Legislation Act 2001. It should be noted however that the majority of the components of the appointment process were completed correctly, including that their appointments were agreed to by the relevant standing committee of the ACT Legislative Assembly. The official visitors have since been retrospectively appointed through a new disallowable instrument for the period of their current appointment—that is from 6 February 2003 until 1 July 2005. As a precaution, the proposed section 424 to the act seeks to remove any doubt as to the validity of the appointment of the official visitors, notwithstanding the technical hitch in the appointment process.

Mr Speaker, as I have outlined, our examinations have uncovered a number of serious legislative anomalies, dating back to the beginning of self-government, regarding the legal status of Quamby, its standing orders and the official visitors under the Children and Young People Act. Since their discovery, the government has worked diligently to provide remedies that will establish, beyond question, the legal foundation required to enable us to lawfully undertake this fundamental public service.

Debate (on motion by Mrs Dunne) adjourned to the next sitting.

Occupational Health and Safety Legislation Amendment Bill 2005

Ms Gallagher, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.

Title read by clerk

MS GALLAGHER (Molonglo—Minister for Education and Training, Minister for Children Youth and Family Support, Minister for Women and Minister for Industrial Relations) (12.18): I move:

That this bill be agreed to in principle.

The Occupational Health and Safety Legislation Amendment Bill 2005 amends the review-of-act requirements in the Dangerous Substances Act 2004 and the Occupational Health and Safety Act 1989—the OH&S Act. The amendments refocus the reviews on the broad operation of the regulatory regimes established by the acts, align their timing, and provide flexibility to the minister in establishing arrangements for their conduct.

Section 224 of the Dangerous Substances Act currently requires an independent review of the operation of the act, with particular reference to the assessment of the regulation of fireworks, as soon as practicable after 30 June 2005. Section 230 of the OH&S Act also currently requires an independent review of the OH&S Act and is focussed on the reforms to their compliance model established through amendments passed last year. The review is to be conducted as soon as practicable after 30 June 2007.


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