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Legislative Assembly for the ACT: 1999 Week 11 Hansard (19 October) . . Page.. 3319 ..


MR STEFANIAK: I move:

Page 19 -

Line 1 paragraph (1) (d), omit "(Investigation of complaints by official visitor)", substitute "(No requirement to investigate complaint)".

Line 6, paragraph (1) (f), omit the paragraph.

Line 8, subclause (2), omit the subclause, substitute the following subclauses:

"(2) The official visitor may also provide a copy of the report, or part of it, to-

(a) the Minister; and

(b) the complainant.

(3) Before providing a copy of the report or part to the complainant, the official visitor may make minor alterations that the official visitor considers appropriate to protect the privacy and confidentiality of a person mentioned in the report.

(4) In addition to a report under subsection (1), the official visitor may, on his or her own initiative, provide a report (that may include a recommendation) to the Minister or chief executive, or both.".

I present the explanatory memorandum. Matters arose as a result of problems people had with the final draft. The Official Visitor's rights here are linked to that of the right of individuals, especially children and young people, to have complaints investigated.

The Bill as tabled, calls for the Official Visitor not to investigate if the Community Advocate was already doing so. That is in clause 43. It was not the intention of this Bill to make one officer superior to another. Hence, today the Government is moving to amend that issue to provide that the Official Visitor need not if he or she does not want to, but indeed may, if he or she wants to, investigate a complaint if it is covered by another official. That is the thrust of the Government's amendments.

Amendments agreed to.

Clause, as amended, agreed to.

Postponed clauses 42 to 48, by leave, taken together

MR STEFANIAK (Minister for Education) (5.43): I seek leave to move government amendments 6 to 9 together.

Leave granted.


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