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Legislative Assembly for the ACT: 2008 Week 09 Hansard (Tuesday, 19 August 2008) . . Page.. 3287 ..


non-disclosure certificate is clearly limited to instances where the disclosure of information is not in the public interest. A basic and established principle of judicial review is the right of government to decline to disclose information where the disclosure is not in the public interest—refer to section 13 of the commonwealth Administrative Decisions (Judicial Review Act) 1977—thus justifying its inclusion in the tribunal’s administrative review jurisdiction. These provisions apply only in the administrative review jurisdiction. They do not apply to the civil jurisdiction of the tribunal.

The government has received further comments from stakeholders on the bills. Issues raised in the scrutiny of bills report and by stakeholders have been addressed by the forthcoming government amendments.

In conclusion, let me say that the consolidated tribunal will deliver a number of benefits to members, registry and tribunal users. The ACAT will promote access to justice, reduce costs and provide better support to tribunal members and registry staff. I commend the bills to the Assembly.

Question resolved in the affirmative.

Bill agreed to in principle.

Detail stage

Bill, by leave, taken as a whole.

Motion (by Mr Seselja) put:

That debate be adjourned.

The Assembly voted—

Ayes 7

Noes 8

Mrs Burke

Mr Pratt

Mr Barr

Mr Gentleman

Mrs Dunne

Mr Seselja

Mr Berry

Mr Hargreaves

Dr Foskey

Mr Smyth

Mr Corbell

Ms MacDonald

Mr Mulcahy

Ms Gallagher

Ms Porter

Question so resolved in the negative.

Bill as a whole.

MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services) (6.59): I seek leave to move amendments Nos 1 to 26 circulated in my name together.

Leave not granted.


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