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Legislative Assembly for the ACT: 2010 Week 03 Hansard (Tuesday, 16 March 2010) . . Page.. 921 ..


We will have a slightly different process, but we will have essentially the same board process in place—just with the added assurance of the health complaints commissioner, which we already have here in the ACT.

MS GALLAGHER (Molonglo—Deputy Chief Minister, Treasurer, Minister for Health and Minister for Industrial Relations) (5.17): I am going to speak to the amendment, which is around the Human Rights Act. This amendment is around the national board’s consideration of criminal history; it is not around the joint consideration or the complaints handling issue. This amendment seeks to remove the new section 35A which has been introduced as a key component for bill C to be compliant under the Human Rights Act.

I know that the Liberals never agreed with the Human Rights Act, but the fact is that the Human Rights Act is our law and if we did not have this, this law would be non-compliant with the Human Rights Act and would not get a Human Rights Act compatibility statement. This clause is essential for our jurisdiction and it is very important that Mr Hanson’s amendment does not get up today.

Question put:

That Mr Hanson’s amendment be agreed to.

The Assembly voted—

Ayes 6

Noes 10

Mr Coe

Mr Smyth

Mr Barr

Mr Hargreaves

Mr Doszpot

Ms Bresnan

Ms Le Couteur

Mrs Dunne

Ms Burch

Ms Porter

Mr Hanson

Mr Corbell

Mr Rattenbury

Mr Seselja

Ms Gallagher

Mr Stanhope

Question so resolved in the negative.

Amendment negatived.

Schedule 1, modification 1.1 agreed to.

Schedule 1, modification 1.2 agreed to.

Schedule 1, modification 1.3.

MS BRESNAN (Brindabella) (5.22), by leave: I move amendments Nos 1 and 2 circulated in my name together [see schedule 3 at page 935].

The amendments I am moving seek to allow the health commissioner to retain all of the investigatory powers that the commissioner currently has and to ensure that the status quo process continues.


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