Page 792 - Week 03 - Thursday, 25 March 1993
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ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW)
(AMENDMENT) BILL 1993
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.48): I present the Administrative Decisions (Judicial Review) (Amendment) Bill 1993.
Title read by Clerk.
MR CONNOLLY: Mr Deputy Speaker, I move:
That this Bill be agreed to in principle.
The Administrative Decisions (Judicial Review) Act 1989 provides for the review of decisions of an administrative character made, proposed to be made, or required to be made under an enactment or conduct for the purposes of making a decision. Normally, to have standing under the Act, a person must be aggrieved by the decision or conduct complained of. However, the Administrative Decisions (Judicial Review) Act provides that, in respect of decisions under the Land (Planning and Environment) Act 1991 and the Heritage Objects Act 1991, any person may apply for review on the grounds set out in the Administrative Decisions (Judicial Review) Act. In respect of these Acts a person only need consider that the decision or conduct will be contrary to law to have standing to bring an action under the Act. This gives effect to the Government's concerns that there should be wide rights of review in respect of planning and land use decisions.
Mr Deputy Speaker, the Buildings (Design and Siting) Act 1964 provides for design and siting matters to be treated as controlled activities under the Land (Planning and Environment) Act 1991. It is anomalous that persons do not have the same rights in respect of design and siting matters as they do in respect of other planning and land use matters. Accordingly, the Administrative Decisions (Judicial Review) (Amendment) Bill 1993 will amend the Administrative Decisions (Judicial Review) Act to give any person the right to challenge design and siting decisions on the grounds specified in the Administrative Decisions (Judicial Review) Act. I present the explanatory memorandum for the Bill.
Debate (on motion by Mr Humphries) adjourned.
INSTRUMENTS (AMENDMENT) BILL 1993
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (10.50): Mr Deputy Speaker, I present the Instruments (Amendment) Bill 1993.
Title read by Clerk.
MR CONNOLLY: Mr Deputy Speaker, I move:
That this Bill be agreed to in principle.
The Instruments Act 1933 provides for the registration of securities over things other than land at the office of the Registrar of Securities. A shortcoming of the Act is that it fails to provide the registrar with the authority to destroy
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