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Legislative Assembly for the ACT: 2008 Week 3 Hansard (3 April) . . Page.. 1016..


I do not intend providing detailed responses to the Member's questions. As with a similar approach being taken in relation to another matter, it is clear that these questions are designed to pursue matters that have been the subject of court and other legal proceedings, and in doing so, seek to by-pass those judicial arrangements.

I will restate the position I have taken in response to Question on Notice No. 1816. This is another case where the lessees flagrantly flouted the law and have not complied with numerous opportunities to rectify the matter that they are required to attend to. The Government has the responsibility to follow statutory processes and abide by the decisions of the Territory's tribunals and courts. It also has the responsibility to have regard to the amenity of all residents, and in this case there are other constituents whose quality of life is affected by this ongoing matter that has been the subject of compliance by ACT planning bodies over many years.

Further, I regularly see correspondence from Assembly Members who chastise ACTPLA for not taking compliance action and when ACTPLA does take such action it gets taken to task for doing so.

This matter has been comprehensively dealt with through the legal processes and the lessee is required to attend to the consent decision made by the ACT Administrative Appeals Tribunal (AAT).

My detailed response to Question on Notice No. 1678 of 24 September 2007 provided detailed information about the processes and actions that have been taken in relation to this matter. The AAT considered all relevant matters in regard to this case before making the consent decision. Neither the ACT Planning and Land Authority nor the ACT Government will act contrary to an agreement made in the AAT.

As with the stream of questions regarding Block 45 Section 37, Waramanga, I do not intend to continue to debate aspects of this matter that have been properly dealt with through the judicial processes.

Children—access

(Question No 1824)

Dr Foskey asked the Minister for Children and Young People, upon notice, on 12 February 2008:

(1) Does the Office for Children, Youth and Family Support liaise with Housing ACT to ensure that court ordered access to children is possible for clients placed by Housing ACT;

(2) How does Housing ACT and the Office for Children, Youth and Family Support ensure that the needs of children are taken into account in decisions related to housing.

Ms Gallagher: The answer to the member's question is as follows:

(1) The Family Law Court can make orders regarding access arrangements. These are made under the Family Law Act 1975, and are not administered by Care and Protection Services (CPS).


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