2003

THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

Bushfire Inquiry (Protection of Statements) ACT 2003-03-03

EXPANATORY STATEMENT

Circulated by the authority of 

Bill Stefaniak MLA

AUSTRALIAN CAPITAL TERRITORY

BUSHFIRE INQUIRY (PROTECTION OF STATEMENTS) ACT 2003

EXPLANATORY STATEMENT

Overview

The purpose of the Bill is to protect persons who make submissions and/or give any evidence of any kind either oral and/or written to the Mcleod Inquiry into the January 2003 Bushfires from any possible defamation action.

The Bill will operate for the duration of the Inquiry and for several months afterwards to ensure protection for anyone who makes a contribution to the Inquiry.

Detail

Clause 1 to 3

 Are machinery provisions.

Clause 4

Subclause (1) Gives a person making any submission, statement (either oral or in writing) or who provides any documents or who gives any information in any form be it written, oral or by other means, the same protection that person would have if he or she had provided the above in the Supreme Court.

Subclause (2) Ensures Subclause (1) applies if the statement/documents /information is given to either Mr Mcleod or to any person assisting him in the Inquiry regardless of whether it is given on request or on the persons own initiative.

Subclause (3) Defines the term “ Inquiry”

Clause 5

Defines for a date when the Act will expire but does enable the Minister to set a later date should the need arise (eg if the Inquiry takes longer than expected and therefore the protection needed to be extended accordingly. (Any such determination by the Minister to extend the time is a disallowable instrument.