Page 2200 - Week 08 - Tuesday, 28 August 2007
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and provide further protections to respondents who have a legal disability. It will also clarify the act’s application to “boyfriend-girlfriend” type relationships.
This is a sensitive matter and in human rights terms engages the right to fair trial, the right to liberty and security of the person, the right to freedom of movement, the presumption of innocence and the right to privacy. The bill will therefore propose a model that is consistent with reasonable limitations on these rights in accordance with the Human Rights Act 2004.
The Victims of Crime Act 1994 is also to be amended to give effect to this year’s budget decision to further support crime victims. It will establish a victim levy, payable on all traffic infringement notices and court-imposed fines. The revenue raised by the levy will resource the expanding use of the victims services scheme and resource victim reform in the ACT.
To address doubt about the legality to withdraw medical treatment to an incompetent patient, new statutory health attorney legislation is to be proposed. Consultation is already underway with the community on possible models that would allow for family members and relatives to provide consent to giving, withdrawing or withholding medical treatment to an incompetent patient. The proposed legislation will address these issues and provide a mechanism for the Public Advocate to use in cases where family members or other persons are not available or when a dispute or confusion arises as to what decision should be made on behalf of the incompetent person.
An item of legislation that has been delayed from previous legislation programs is now expected to proceed. The Firearms Amendment Bill will strengthen both the national and local approach to firearm controls by addressing the illegal trade of firearms. It will increase penalties for firearms offences and require applicants for firearms licences to satisfy more stringent criteria before a firearms licence is issued. Human rights implications will be addressed in formulating the legislation to introduce inspections of licence holder storage facilities without warrant, and discretionary power of the registrar to request that a licence holder or applicant undertake a medical assessment, including psychiatric and psychological assessments.
Health matters are always important to Canberrans. In the ACT, medicines and poisons are currently regulated under a variety of legislation. Over time, aspects of such legislation have become inconsistent, unclear or outdated. A Medicines and Poisons Bill 2007 will give effect to the recommendations in the National competition review of drugs, poisons and controlled substances legislation report, otherwise known as the Galbally review. In doing so, the bill will consolidate the law relating to medicines and poisons by repealing and replacing all, or parts of, a number of existing pieces of legislation. The bill will regulate a range of medicines such as pharmacy medicines, pharmacist-only medicines, controlled medicines and prescription-only medicines. Poisons to be regulated include those that are low harm, moderate harm and dangerous poisons.
There will also be a number of bills that give effect to national laws. In regard to energy, a bill is to be introduced to apply the new national gas law in the ACT. It will be based on model national legislation enacted in South Australia and will include the
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