Page 1573 - Week 05 - Thursday, 5 May 2016
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Transitional provisions in the bill will provide that where a civil application for amounts between $10,000 and $25,000 is already in the Magistrates Court, the parties may apply to have their matter moved to the ACAT, provided the matter has not already proceeded to hearing. This will ensure that those participating in the court system at the time the amendments commence are able to access the ACAT to settle their matter.
Finally, turning to the amendment to requirements for appointment as president, the bill amends the act to require the ACAT president to be either an existing magistrate or a legal practitioner who is eligible for appointment as a magistrate. This amendment mirrors provisions contained in the Northern Territory Civil and Administrative Tribunal Act 2014.
These amendments appropriately balance the need to keep ACAT accessible and informal while reflecting the standing of the position of president as a head of jurisdiction in the ACT. They will bring the ACT into line with arrangements in other jurisdictions and are aimed at increasing the independence of the tribunal as well as increasing the role and status of ACAT decision-making,
Under the provisions in the bill, the executive will not be able to appoint an existing magistrate unless the person has agreed to the appointment and the Chief Magistrate has been consulted about it. Should a magistrate be appointed, the bill preserves the independence and jurisdiction of the magistrate as well as their tenure, status, entitlements and allowances.
Further, the bill provides that the term of a magistrate appointed as the head of ACAT may be for seven years or for such shorter term as may be necessary to ensure the person’s term of office extends to but not beyond the date on which the person attains 65 years of age.
The amendments will still allow the executive to appoint someone who is not a current magistrate to be president but will reflect the standing of the position as a head of jurisdiction in the ACT. If the successful applicant is not already a magistrate, they will not become a magistrate on appointment as president.
Finally, there is also an amendment in the bill relating to the conditions of appointment. The opportunity has been taken to make a minor and technical amendment to section 100 of the act, which sets out the conditions of appointment as a member to the tribunal in general. The amendment being made to this section clarifies that the conditions of appointment applicable to tribunal members include those made by the ACT Remuneration Tribunal.
Madam Speaker, the amendments in this bill will increase access to justice and ensure the ACAT is appropriately set up to undertake its functions for the benefit of our community. I commend the bill to the Assembly.
Debate (on motion by Mr Hanson) adjourned to the next sitting.
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