Page 338 - Week 02 - Tuesday, 1 March 1994
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I also must say that I regret that the explanatory memoranda in all of these cases are somewhat unclear as to the financial impact of these changes. In each case comment is made to the effect that there will be some financial impact in that they provide for certain exemptions from payment of or the refund of some fees. That is fairly self-evident. I quote from the explanatory memorandum:
The determination of fees and charges that may be made under the determining power will have financial implications for parties before the Tribunal.
What is not clear is what, with respect, ought to be clear from any explanatory memorandum which comes before the Assembly, and that is, what financial impact these provisions will have on the Government's budget. Is it the intention that these sorts of structures be generally more onerous or less onerous in terms of the Government's contribution than they are at the moment? I look forward to the Minister making some kind of statement about the expectation of the Government.
Mr Deputy Speaker, the Opposition intends to move only one amendment, and that is to the Magistrates Court (Amendment) Bill (No. 3). It concerns the capacity of a person appearing before the Magistrates Court in its jurisdiction concerning the Mental Health Act. It aims at ensuring that a person who applies under the Act, as amended, for a treatment order should be exempted from the payment of any fees associated with that. I will speak at greater length about that amendment when we come to debate that Bill in the detail stage. I think, Mr Deputy Speaker, that we have here a better basis for levying fees and charges in our courts, and I commend the Bills to the Assembly.
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (8.10), in reply: This essentially is a machinery process. We are setting out a structure for the levying of fees and charges in the various courts and tribunals in the Territory. The legislation does not set new fees and charges. It provides the ability to set them in the future. The explanatory memorandum is not the sort of thing one would read on a seaside holiday, but the issue of court fees and charges is not necessarily a thing that one would read on a seaside holiday either.
MR DEPUTY SPEAKER: Perhaps if it was raining, Mr Attorney.
MR CONNOLLY: It would have to a very long period of rain, Mr Deputy Speaker. It is inherently a fairly dry subject. Inventive as my officers are, I think the limits of their creative writing skills were reached in trying to simplify this. The issue about the financial impact, which does seem a little vague, goes to the fact that of themselves these legislative changes do not alter the fee structure. There are some provisions for exemptions. The Opposition has indicated that it proposes to move one other exemption provision. I am advised that in respect of those applications no fee is charged at the moment. Mr Humphries is being abundantly cautious and making it clear that we do not charge a fee. Well, we do not charge a fee, so we have no objection to that being imposed.
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