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Legislative Assembly for the ACT: 2012 Week 5 Hansard (3 May) . . Page.. 2053..


(5) Is there any policy of Government to assist or guide the Executive in the exercise of its discretion; if so, what is the policy.

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

(1) Mr David Eastman has commenced legal proceedings seeking review of the decision of Justice Marshall. The subject matter of the question, the interpretation of section 422(1)(f) of the Crimes Act 1900, will be a matter in issue. Accordingly it is not appropriate for me to answer the question at this time.

(2) Refer to answer (1).

(3) Refer to answer (1).

(4) The Executive may, of its own motion, order an inquiry into a conviction or may do so on request by an applicant.

The Executive may inform itself about new evidence by whatever reasonable means are available.

(5) In ordering an inquiry the Executive must be satisfied that the grounds set out in section 422(1) of the Crimes Act 1900 are satisfied, in particular, that there is a doubt or question as to the guilt of the applicant, which could not have properly been addressed at trial or on appeal, which then gives rise to a significant risk that the conviction is unsafe.

The general standard of proof which governs administrative decision making would be applied to the decision making of the Executive in ordering an inquiry. That is, the Executive would need to be reasonably satisfied that a doubt or question exists having regard to probative material or relevant and credible information. Mere assertion would not be sufficient.

Horses—agistment (Question No 2193)

Ms Le Couteur asked the Minister for Territory and Municipal Services, upon notice, on 29 March 2012:

(1) In relation to horse agistment, what are the terms of contract between the ACT Government and the company Territory Agistment in relation to fire management plans.

(2) Do fire management plans need to be provided by the agistment company to paddock users.

(3) Are fire management issues discussed at Government Paddock Users Group meetings.

(4) How often are the meetings, referred to in part (3), held.

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


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