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Legislative Assembly for the ACT: 2010 Week 08 Hansard (Thursday, 19 August 2010) . . Page.. 3632 ..


to other elements of energy use, including, for example, air conditioning and water heating, and to other types of buildings.

The bill also contains two proposed amendments to improve public safety. Traditional construction occupations are regulated to protect public health and safety. This is reflected in occupation-specific acts such as the Electricity Safety Act and the Gas Safety Act. Eligibility for a licence is linked to a practitioner demonstrating sufficient technical competency to maintain minimum health and safety requirements.

The bill proposes that automatic suspension provisions, which allow for temporary suspensions of up to three months, be extended to public safety grounds. In making the decision to suspend a licence, the registrar must submit to the test of reasonableness. The provisions also provide for the registrar to permit the suspended person to rectify the defective work. This is a practical approach to addressing serious safety concerns. Naturally any exercise of this power is amenable to judicial review or examination by the Ombudsman.

Similarly, the bill includes new information sharing provisions. These provisions will deliver clear authority for the sharing of information across relevant agencies and allow for a more timely and coordinated response when public health and safety are threatened.

I thank the scrutiny of bills committee for its comments on these provisions. I note that the committee refers to the explanatory statement on provisions for information sharing. I have responded to the committee on the issue of fair trial in its application to administrative decisions involving regulated licence holders.

In conclusion, industry and consumers are supportive of more comprehensive regulation on ratings, both for the sale of premises ratings and in relation to the performance standards in the building code of Australia. This bill represents the first part of regulation for building assessors. A new code of practice, mandatory qualification schedules and demerit points will be developed later in 2010 in consultation with industry and the relevant local registered training organisations. A strong regulatory system will support residential energy efficiency programs and make sure that resources will be directed into appropriate upgrade measures. Mr Speaker, I commend the bill to the Assembly.

Question resolved in the affirmative.

Bill agreed to in principle.

Detail stage

Bill, by leave, taken as a whole.

MS LE COUTEUR (Molonglo) (11.46): I move amendment No 1 circulated in my name [see schedule 2 at page 3702]. The amendment responds to a human rights issue in the bill and improves the clarity of the administrative decision making process. Members would know that section 21(1) of the Human Rights Act relates to fair trial


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