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Legislative Assembly for the ACT: 2009 Week 13 Hansard (12 November) . . Page.. 4999..


MR STANHOPE (continuing):

This change in the procedures of the ACAT is designed to improve its operation, but it is not a change in policy. The underlying policy is that matters may be appealed from the ACAT to the Supreme Court. That is still the case after this amendment. These changes address the procedural steps to be taken in bringing an appeal to the Supreme Court after the ACAT has decided not to deal with the matter.

The ACAT will still consider if an appeal will be heard by the ACAT and if it finds that it might be appropriate that the matter be heard by the Supreme Court, the Appeal President may choose to refuse to deal with the matter and provide a notice to the parties under s85 that the parties should seek leave of the Supreme Court to hear the matter.

In particular, the amendment was introduced to avoid the ACAT becoming involved in the dispute in anything like the capacity of a party, as might be the case if it decided on its own to refer the appeal. Also, whether it is necessary to bring an appeal in the Supreme Court is really a question for the parties.

I hope, Mr Rattenbury, that that provides some of the clarification that you sought. I do concede that it was not particularly meaningful to me, though I am sure it will come to be.

In conclusion, I thank members for their contributions and support and I commend the bill to the Assembly.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

Leave of absence

MR STANHOPE (Ginninderra-Chief Minister, Minister for Transport, Minister for Territory and Municipal Services, Minister for Business and Economic Development, Minister for Aboriginal and Torres Strait Islander Affairs and Minister for the Arts and Heritage) (4.31): Madam Assistant Speaker, Mr Corbell had proposed to deal with a matter today but he had not dealt with it before his departure. The matter concerned leave of absence for Ms Mary Porter for today's sitting, on the grounds of her representing me at a ministerial council meeting interstate. I move:

That leave of absence be granted to Ms Porter for this sitting due to her attendance interstate on behalf of the Chief Minister.

Question resolved in the affirmative.


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