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Legislative Assembly for the ACT: 2013 Week 7 Hansard (14 May) . . Page.. 1912..


The scrutiny of bills committee questioned whether the delegation of legislative power to the host jurisdiction is appropriate. To address the issue of delegation, a clause in this bill requires any change by the host jurisdiction to be brought to the Assembly as a disallowable instrument within six sitting days of its passing by the host jurisdiction, New South Wales. In effect, the current provisions of the bill, whilst ultimately ensuring that any change in the law is supported by the Assembly, does create the potential for an amendment to the law to be in force for a period before the Assembly can disallow the law.

There is a difficult balance between these competing issues. At this point it is considered that the ordinary disallowance provisions are appropriate and provide the right balance between local oversight and national consistency.

As I advised in my presentation speech the national regulatory system will be implemented in phases. Implementation will commence for participating jurisdictions on 1 July 2013 with six months of testing and evaluation of the registration processes and procedures to operate the system. That is phase 1. Registration under the national law will occur over an 18-month transition period from 1 January 2014. That is phase 2.

The legislation will be implemented with no additional cost to the territory. The Australian government will fund the one-off implementation cost, including a national information technology system, while ongoing costs will be met by the ACT in place of those of the current ACT regulatory system.

A triple bottom line assessment supports the introduction of this bill. The summary of impacts was positive in relation to all applicable categories, namely, social justice and rights, economic, productivity, investment and competition.

The ACT's focus for community housing is to ensure viability and capacity for growth which contributes to increased housing supply overall, underpinned by strong regulation. Participation in a national regulatory system for community housing will support that, and I commend this 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.

Mental Health (Treatment and Care) Amendment Bill 2013—Exposure draft

Papers and statement by minister

MS GALLAGHER (Molonglo—Chief Minister, Minister for Regional Development, Minister for Health and Minister for Higher Education): For the information of members, I present the following papers:


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