Page 2849 - Week 10 - Tuesday, 13 September 1994
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I think Mr Moore picked up the point quite well when he said that there are two different issues: One is fire safety and one is public order. If we are looking at a law on fire safety we should look at the law on fire safety and make a fair law to do with that. If there is another situation of public order, then by all means let us look at that, but in the context of public order - not using one law to effect another. Mr Berry said that there should be no discretion, but who better to determine fire matters than someone thoroughly trained in that area? I think the suggestion is that the Fire Commissioner or his appointed representative may not do his job correctly.
Mr Berry: He does not even want the discretion, Dennis.
Mr Connolly: And his decision will be appealed against, so the ultimate decision maker will be the AAT. A bunch of lawyers can change the Fire Commissioner's decision.
MR STEVENSON: We already agreed that the decision should be able to be appealed against.
Mr Connolly: But this discretion will be exercised in many cases by the tribunal, not the commissioner.
MR STEVENSON: The discretion will not be. That will simply be an opportunity for someone to go along and say, "Look, I do not think this is fair". That point has not been really taken up well. If we are looking at a fire matter, let us look at the fire matter. If we are looking at public order - it is a different point - let us look at that.
Mr Berry: It is the occupancy of the building, too.
MR STEVENSON: Yes, indeed, but the occupancy - - -
Mr Berry: Public health - everything.
MR STEVENSON: It is a different situation, though. What the amendment is talking about is fire safety; so, let us address that point. If there are some other concerns with the Bill, let us address them separately.
MR STEFANIAK (9.42): I note that my colleague Mrs Carnell will readdress issues in relation to public safety and some of the points made by Mr Berry. I just want to comment on a number of remarks made by Mr Connolly.
Mr Berry: Pubcard will not fix it, Bill.
MR STEFANIAK: Pubcard might help, though, Wayne, and so might a few other things. Funnily enough, quite often I do not necessarily agree with a lot of what Mr Stevenson says. But he is probably quite right here. There are two separate issues, and it is interesting that the Attorney-General has now raised the issue of public safety in terms of police. It is interesting, too, in relation to the document that he has tendered to you, Mr Acting Speaker. In paragraph 3 of that document he talks about the increase in the number of patrons queuing outside licensed premises, and that is mentioned by Mr Dawson, the assistant commissioner. He goes on to say:
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