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Legislative Assembly for the ACT: 2011 Week 7 Hansard (28 June) . . Page.. 2668..


The fourth 19B instrument relates to commonwealth funding of $0.318 million received by the territory for the Standard Business Reporting Program National Partnership. The increase in appropriation is required to fund the payments being made by the Treasury Directorate for the program within the Revenue Management Division. Additional detail regarding all those instruments is provided in the statement of reasons accompanying each instrument. I commend the instruments to the Assembly.

Human Rights Act—declaration of incompatibility

Government response

MR CORBELL (Molonglo—Attorney-General, Minister for the Environment and Sustainable Development, Minister for Territory and Municipal Services and Minister for Police and Emergency Services) (3.41): For the information of members I present the following paper:

Human Rights Act, pursuant to subsection 33(3)—Declaration of incompatibility—Bail Act 1992, section 9C—Government response.

I move:

That the Assembly takes note of the paper.

As members would be aware, on 19 November last year Justice Penfold of the Supreme Court issued a declaration of incompatibility in the following terms:

Under s 32(2) of the Human Rights Act 2004 (ACT), the Court is satisfied, for the reasons set out in In the Matter of an Application for Bail by Isa Islam [2010] ACTSC 147, that s 9C of the Bail Act 1992 (ACT) is not consistent with the human right recognised in s 18(5) of the Human Rights Act, being that "Anyone who is awaiting trial must not be detained in custody as a general rule".

In accordance with section 33(2) of the Human Rights Act 2004 I presented a copy of the declaration of incompatibility to the Assembly on 15 February this year. This government response is presented to the Assembly in accordance with my obligations pursuant to section 33(3) of the Human Rights Act.

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

ACT Corrective Services and Alexander Maconochie Centre

Reports—government response

MR CORBELL (Molonglo—Attorney-General, Minister for the Environment and Sustainable Development, Minister for Territory and Municipal Services and Minister for Police and Emergency Services) (3.43): For the information of members I present the following paper:

ACT Corrective Services and Alexander Maconochie Centre—Reviews—Independent Review of Operations at the Alexander Maconochie Centre—ACT Corrective Services, prepared by Knowledge Consulting—Report and Provision


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