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Legislative Assembly for the ACT: 2010 Week 12 Hansard (Thursday, 28 October 2010) . . Page.. 5294 ..

of what constitutes treatment and whether no treatment is treatment. It is a bit of a semantic argument, but it is one that has, I think, engaged lawyers and clinicians alike. I think there are some concerns for medical professionals who do not want to open themselves up to potential legal action.

There are mixed views around what constitutes treatment or non-treatment. An advance care directive assists there, but I think there have been questions raised about whether it is enough. Even if there is an advance care directive and the clinicians are working in accordance with that advance care directive—subsequently there may be some concerns raised if there is no treatment and, say, a patient passes away in accordance with their own advance care directive—there have been some concerns raised around whether clinical staff are protected.

It is not always clear that if you have an advance care directive that is what is to happen and medical staff will not have any concerns around that. I think there are cases where concerns have been raised and clinicians at times do feel vulnerable but, again, those are usually worked out at the patient level where, in the case of a terminal illness, whether treating with a painkiller constitutes sufficient treatment—

MR SPEAKER: I am sorry, Ms Gallagher, but your time has expired.

MS GALLAGHER: It is a long and philosophical debate, that one.

MR SPEAKER: It is and I invite you to perhaps take that one up with Ms Bresnan outside the chamber.


Taxation—change of use

MR HANSON: My question is to the Acting Chief Minister and Treasurer. Treasurer, your colleague, the Minister for Planning, informed the Assembly in an answer to a question on notice on 18 October 2010 that:

No change of use charge for residential development has been paid since May 2010.

Treasurer, why has no change of use charge for residential development been paid since May 2010?

MS GALLAGHER: Because as far as I understand, the applications have not been finalised.

MR SPEAKER: Mr Hanson, a supplementary question?

MR HANSON: Treasurer, industry has advised us that they have paid hundreds of thousands of dollars in change of use charge since May 2010. Why is it that none has apparently been collected?

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