Page 817 - Week 04 - Tuesday, 20 April 2021
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MR RATTENBURY (Kurrajong—Attorney-General, Minister for Consumer Affairs, Minister for Gaming and Minister for Water, Energy and Emissions Reduction) (10.55): I move:
That this bill be agreed to in principle.
I am pleased to present the Courts and Other Justice Legislation Amendment Bill 2021 to the Assembly. This bill is an omnibus bill which makes both minor or technical and more substantive amendments to courts and other legislation, improving the justice system in the ACT.
The bill makes amendments across nine pieces of legislation, namely, the ACT Civil and Administrative Tribunal Act 2008, the Common Boundaries Act 1981, the Coroners Act 1997, the Guardianship and Management of Property Act 1991, the Judicial Commissions Act 1994, the Magistrates Court Act 1930, the Powers of Attorney Act 2006, the Public Trustee and Guardian Act 1985 and the Supreme Court Act 1933.
The bill contains amendments that will improve the efficiency of ACT courts and tribunal operations and procedures to make it easier for people to participate in court and tribunal processes. The bill also progresses a key reform to facilitate better access to justice for vulnerable elderly people who have experienced financial abuse, and it makes amendments to support the functions of the Public Trustee and Guardian and the ACT Judicial Council. I thank those who have given their time to engage with the Justice and Community Safety Directorate throughout the development of this bill.
This bill contains amendments to the ACT Civil and Administrative Tribunal Act 2008—the ACAT Act—which will help to support the efficient operation of the tribunal. The amendments will provide the tribunal with greater flexibility to manage its own practices and procedures, allowing the tribunal to resolve matters in a more cost-effective manner for all parties.
The bill introduces a new tribunal principle requiring the tribunal to facilitate the resolution of issues between parties in such a way that the cost to the parties and the tribunal is proportionate to the importance and complexity of the subject matter of the proceedings. Further, the bill introduces a duty on parties, their representatives and anyone else accompanying them or allowed to participate in a proceeding to give effect to the objectives and principles of the tribunal. This provision provides clear expectations of cooperation and engagement on parties to ensure that the tribunal’s objects and principles are realised and that matters progress through the tribunal in a timely manner.
The amendments to the ACAT Act also update the law to reflect the current practices of the tribunal and clarify the wording of provisions, thereby reducing confusion for participants. Further, the bill contains amendments that improve the efficiency of the tribunal through amendments to the Common Boundaries Act. These amendments remove restrictive processes that limited the tribunal’s ability to resolve dividing fence disputes in a timely and cost-effective manner.
The bill also includes minor amendments to clarify processes for the ACT courts. This includes clarifying the process for the appointment of an acting Chief Magistrate
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