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Legislative Assembly for the ACT: 2009 Week 14 Hansard (17 November) . . Page.. 5075..


MS GALLAGHER (continuing):

dads of school-age children will also welcome this change, as it means one less day to manage childcare arrangements over the September-October school holidays and an extra day to enjoy the wonderful Floriade springtime festival.

The new national employment standards under the Fair Work Act 2009 do not contain public holiday provisions that will include the opportunity for the ACT to revive a union picnic day entitlement. The act also provides the union picnic day holiday for employees whose employment is governed by one of the awards listed in schedule 1 of the act. However, the federal government's award modernisation process has rendered the schedule 1 awards obsolete. Accordingly, with the permanent establishment of the Family and Community Day public holiday, the bill takes the opportunity to remove all references to the union picnic day and the schedule 1 awards. I thank members of the Assembly for their support.

I am sorry to hear Mrs Dunne's frustration at getting information around the bill. I was not aware of that. That is not the way I operate, so I will look into what communication breakdown there was. I look to assist members as generously as I can when we are debating legislation, so I apologise for that, Mrs Dunne.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.

Legal Profession Amendment Bill 2009

Debate resumed from 15 October 2009, on motion by Mr Corbell:

That this bill be agreed to in principle.

MRS DUNNE (Ginninderra) (11.17): The opposition will support this bill. Its purpose is quite simple-to limit the compensation rights of lawyers, law firms and barristers in matters of investigation undertaken by investigators appointed by the Law Society or the Bar Association. Those rights will be limited to circumstances in which an investigator acts unlawfully or unreasonably. Investigations might be of trust accounts, professional conduct and the like and might arise as a general purpose investigation or in response to allegations or complaints.

This bill allows the Law Society or the Bar Association to control the activities of the investigator by setting the conditions under which the investigator is to conduct an investigation. The investigator is required to comply with those conditions on pain of termination of the appointment. It limits the scope for compensation claims against the society or the Bar Association by law firms, lawyers and barristers only if loss or damage is suffered because of the conduct of the investigator and the exercise or purported exercise of an investigative function or because the conduct of the investigator was unlawful or unreasonable.


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