Legislative Assembly for the ACT: 2018 Week 12 Hansard (Tuesday, 30 October 2018) . . Page.. 4456 ..
In practical terms the FMA instruments required preparation and notification via the ACT legislation register prior to the abolishment of the LDA. The LDA, however, rightly continued to operate until 30 June 2017 and hence further commitments and liabilities arose during this period. It was simply not possible for these commitments or liabilities to be captured within the FMA process. Further, the issue of contingent liabilities resting with the directorate was not anticipated and could not have been listed in the FMA instruments.
In preparing the proposed legislation, the directorate sought to balance the need for transparency, certainty and legal clarity with the impost of introducing amending legislation. The introduction of the bill ensures that the government does not inappropriately rise beyond the scope of the transitional powers in the City Renewal Authority and Suburban Land Agency Act 2017.
The option we have pursued—to rectify this through an amendment bill—is the most comprehensive and transparent solution. The bill will provide certainty to land entities, stakeholders, government and the wider community by in effect deeming all relevant assets, contracts and liabilities including any matters that have not yet manifested or been discovered to have been transferred as intended on 30 June 2017.
This solution has taken some time to resolve. However, there has been little impact on the suppliers and contractors of the land entities. In some cases the directorate is the legal owner of the contract instead of the authority or agency. However, contracts are still being executed as agreed. Overall, this bill will ensure that the government’s intention in establishing the new land entities has been delivered. I commend this bill to the Assembly.
Debate (on motion by Mr Parton) adjourned to the next sitting.
Disability Services Amendment Bill 2018
Ms Stephen-Smith, pursuant to notice, presented the bill, its explanatory statement and a Human Rights Act compatibility statement.
Title read by Clerk.
MS STEPHEN-SMITH (Kurrajong—Minister for Aboriginal and Torres Strait Islander Affairs, Minister for Disability, Minister for Children, Youth and Families, Minister for Employment and Workplace Safety, Minister for Government Services and Procurement, Minister for Urban Renewal) (11.53): I move:
That this bill be agreed to in principle.
I rise to present the Disability Services Amendment Bill 2018 to the Assembly. The bill gives the official visitors for disability services better access to monitor and investigate the welfare of potentially vulnerable persons in disability accommodation. The official visitors for disability services, currently Ms Narelle Hargreaves and Ms Mary Durkin, play a vital role in monitoring and investigating the welfare of