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Legislative Assembly for the ACT: 2010 Week 4 Hansard (25 March) . . Page.. 1635..


what are those factors and how is the Government made aware of proceedings taking place in the courts that have the potential to engage the Act.

Mr Corbell: The answer to the member's question is as follows:

(1) Yes.

(2) No civil penalty under the Act may be imposed until a regulation is made. Courts already have discretion to award costs on a higher scale if proceedings are improper.

(3) Yes.

(4) No, the Government has not identified factors it will use. Each opportunity to intervene will be determined on its merits. The Government will be made aware of proceedings to which the Act may apply by being given notice by a party that seeks the protection of the Act.

Courts—model litigant guidelines

(Question No 619)

Mr Rattenbury asked the Attorney-General, upon notice, on 25 February 2010:

(1) When will the model litigant guidelines be made into a notifiable instrument as required under subsection 5AA(1) of the Law Officer Act 1992.

(2) Has there been any work performed to alter or amend the existing guidelines before they are made notifiable.

(3) Has the Attorney-General determined what factors will be taken into account in deciding whether to the exercise the discretion to enforce the guidelines set out in subsection 5AA(4).

(4) How are the present guidelines publicised (a) within Government departments and (b) to those members of the public and their lawyers engaged in legal proceedings which involve a Government lawyer.

(5) Will there be any change to those practices outlined in part (4) once the guidelines are made into a notifiable instrument.

Mr Corbell: The answer to the member's question is as follows:

(1) The Model Litigant Guidelines were notified on 26 February 2010 and are effective from 2 March 2010.

(2) Yes.

(3) Not as yet.

(4) The previous guidelines are published on the Department of Justice and Community Safety website.

(5) Yes, the new guidelines are available on the Legislation Register. In addition, the ACT Government Solicitor will be providing advice to all ACT Government Departments and Agencies.


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