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Legislative Assembly for the ACT: 2007 Week 12 Hansard (Tuesday, 20 November 2007) . . Page.. 3562 ..

If it is not successful, I will nevertheless continue to pursue this issue. The government is having discussions with the NRMA road safety trust and a number of other entities to identify the best ways of funding and undertaking this investigation. I will be very pleased to report back to the Assembly on the outcomes of the ministerial council for police meeting. Hopefully, we will have agreement from other jurisdictions to pursue this issue using a national approach.

Mr Stanhope: I ask that all further questions be placed on the notice paper.

Supplementary answers to questions without notice

Health—compensation claims

MS GALLAGHER: I have some further information for Mrs Burke relating to a question asked in question time. In relation to the difficulty of providing an exact figure for Mrs Burke, the contingent liabilities figure changes all the time based on what incidents are reported to the Insurance Authority and to the ACT Government Solicitor. It includes the potential costs assigned to any respective incident, resolution of incidents or the ceasing of action taken. These relate to several hundred claims that stretch back some 30 years based on the fact that some are ending, some are beginning and some are just there in case they turn into action. It is very difficult to give an exact figure.

Territory plan

MR BARR: Last Thursday I took a question on notice from Mr Pratt in relation to a development application in Gungahlin and a broader question around inconsistency with the territory plan. I can advise the Assembly that a development application must be assessed against the provisions of the territory plan and the crown lease and consideration must be given to any comments from members of the public, utility providers, and other government agencies before a decision is made.

I am advised that, in order to allow an applicant to apply to the ACT Administrative Appeals Tribunal for a review of a decision under section 275 of the land act, a written decision must be given to the applicant. Members will appreciate that the Planning and Land Authority will often have to receive a development application in order to determine if it is consistent or inconsistent with the territory plan.

The Land (Planning and Environment) Act 1991 does not make provision for the authority to return an application if it is inconsistent with the territory plan because this would deny the applicant the opportunity to contest the authority’s assessment of the application and, therefore, have first party right of appeal. So a decision about consistency with the territory plan can only be made after the full assessment of a development application, not at the time of lodgement.


Mr Speaker presented the following papers:

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