Page 4456 - Week 12 - Thursday, 24 October 2019

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Mr Ramsay: The answer to the member’s question is as follows:

1) The ACT Courts and Tribunal case management system does not capture this information. In order to provide this information paper files would need to be identified, retrieved from archives and reviewed manually. The time and cost of such an exercise would be an unreasonable diversion of resources.

2) The ACT Government Solicitor (ACTGS) has reviewed each of the questions and associated parts of Question No. 2704 to ascertain whether the data held by the office is able to be provided in the form and detail sought in relation to representation provided by ACTGS. The data held by the ACTGS in relation to care and protection applications is recorded based on work type. ACTGS has identified approximately 533 matters in the child welfare litigation work type for the financial years covered by the question in relation to which the ACTGS provided representation.

To the extent that legal representation in these matters has been provided by ACTGS, the work type does not categorise activity by applications made by or against the Territory, mediations and other activity. These are not separately identified or categorised by outcome. To respond to the various parts of the questions would require detailed manual checking of a number of the files in the 533 matters identified for the period.

To the extent that legal representation has been provided, without significant manual recall and review of matters ACTGS is unable to identify how many of the matters relate to initial application, defence or appeal of care and protection orders or applications for amendment or revocation. Both the length of period for which the information is sought and the nature of the matters, means that other than manual review of all physical file records ACTGS is unable to provide the detail sought. To go beyond the initial identification of ACTGS matters would involve a significant manual search and review to identify action and outcomes. The time and cost of such a review would be an unreasonable diversion of resources.

3) The ACT Courts and Tribunal case management system does not capture this information. In order to provide this information paper files would need to be identified, retrieved from archives and reviewed manually. The time and cost of such an exercise would be an unreasonable diversion of resources.

ACTGS has reviewed each of the questions and associated parts of Question No. 2704 to ascertain whether the data held by the office is able to be provided in the form and detail sought in relation to representation provided by ACTGS. The data held by the ACTGS in relation to care and protection applications is recorded based on work type. ACTGS has identified approximately 533 matters in the child welfare litigation work type for the financial years covered by the question in relation to which the ACTGS provided representation.

To the extent that legal representation in these matters has been provided by ACTGS, the work type does not categorise activity by applications made by or against the Territory, mediations and other activity. These are not separately identified or categorised by outcome. To respond to the various parts of the questions would require detailed manual checking of a number of the files in the 533 matters identified for the period.


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