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Legislative Assembly for the ACT: 1999 Week 13 Hansard (9 December) . . Page.. 4296 ..

MR HUMPHRIES (continuing):

It makes eminent sense to do as the committee has recommended and provide that we have the flexibility to work this thing through in discussion with stakeholders and finalise the arrangements under regulations. If the proposals are unacceptable to the Assembly the Assembly has the power to disallow the regulations or to amend them.

If the arrangements the Assembly puts in place tonight in legislation are unacceptable to victims groups, or to whomever else it might be that wants to operate the victims services scheme, there is not much you can do about that for the two months between now and February when we next sit. There is nothing you can do about it until we come back and fix the legislation. With great respect, it makes no sense at all to build these things in the legislation in an inflexible way when appropriately they are matters that should be discussed and negotiated with the relevant stakeholders.

Amendments negatived.

Clauses agreed to.

Clauses 10 and 11, by leave, taken together and agreed to.

Remainder of Bill, by leave, taken as a whole.

MS TUCKER (4.00 am): I move amendment No. 12 circulated in my name which reads as follows:

Part VI, page 31, line 11, omit the part, substitute the following part:


13 Definitions

In this Part-

award means an award of compensation made under the Compensation Act, including an interim award under section 16 of that Act.

commencement day means the day on which the provisions of this Act (except sections 1 and 2) commence.

Compensation Act means the Criminal Injuries Compensation Act 1983, as in force before the commencement day.

14 Proceedings instituted before commencement day

The Compensation Act continues to apply in relation to an application for compensation under that Act made before the commencement day, and to any award made pursuant to such an application, as if the amendments to the Compensation Act effected by this Act had not been made.".

This amendment removes the retrospective provisions in the Bill which have created a blow-out in applications and awards under the existing scheme. The Standing Committee on Justice and Community Safety strongly supported the removal of these retrospective provisions. I can see no way by which members of that committee could have changed the position from such a strongly held view. I quote:

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