Page 340 - Week 02 - Tuesday, 1 March 1994

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Detail Stage

Bill, by leave, taken as a whole

MR HUMPHRIES (8.15), by leave: I move:

Clause 10, page 4, line 32 -

Proposed new subparagraph 248C(2)(c)(vi), omit "or".

Proposed new paragraph 248C(2)(c), after proposed new subparagraph 248C(2)(c)(vi), insert the following subparagraph:

"(via) under the Mental Health Act 1983; or".

These amendments provide for exemption from payment of fees and charges to flow to people who make applications under the Mental Health Act 1983. It may be, in due course, that that Act is superseded by a piece of legislation that is being considered at present by the Social Policy Committee. For the time being I think it is appropriate that we have a policy in the courts that people who make such applications are entitled not to have to pay the fees; that they, like anybody else who makes applications under the other Acts mentioned in that proposed paragraph, should be able to refer to the exemption in the legislation, not as a matter of administrative discretion. I commend the amendments to the Assembly.

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (8.16): As I indicated in the cognate debate, the Government accepts these amendments. This is really reinforcing current practice; but, as we have established a right of fee remission in certain cases, it is appropriate that we do it here as well.

Amendments agreed to.

Bill, as a whole, as amended, agreed to.

Bill, as amended, agreed to.

MAGISTRATES COURT (CIVIL JURISDICTION) (AMENDMENT) BILL 1993

Debate resumed from 9 December 1993, on motion by Mr Connolly:

That this Bill be agreed to in principle.

Question resolved in the affirmative.

Bill agreed to in principle.

Leave granted to dispense with the detail stage.

Bill agreed to.


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