Mrs Giulia MLA Standing Committee on Justice and Community Safety (Legislative Scrutiny Role) GPO Box 1020 CANBERRA ACT 2601 Dear Mrs I write in response to comments made by the Standing Committee on Justice and Community Safety (the Standing Committee) in Scrutiny Report 3 for 2017. The Committee has considered six Fees Determinations and provided comments. My response concerns Disallowable Instrument DI2016-294, the Court Procedures (Fees) Determination 2016 (No3) made under section 13 of the Court Procedures Act 2004, which revokes DI2016-101 and determines fees payable for the purposes of the Court Procedures Act. The Committee notes that the Explanatory Statement for DI2016-294 provides no information about the fee in DI2016-101, the new fee and the percentage of the increase. This is correct this is ‘old’ – not the purpose of DI2016-294. The Committee’s Guide to Writing an Explanatory Statement provides that the form and content of an explanatory statement is dictated by its purpose. Unlike the five other instruments identified by the Committee in Scrutiny Report 3, DI2016-294 changes none of the fees notified in the previous determination (DI2016-101). It reflects changes made to the ACT Civil and Administrative Tribunal Act 2008 and the Magistrates Court Act 1930 by the ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2), to give exclusive jurisdiction to the ACT Civil and Administrative Tribunal (the ACAT) to hear and determine civil disputes for claims of $25,000 or less. This is an increase from the previous $10,000 limit.
Mrs Giulia MLA Standing Committee on Justice and Community Safety (Legislative Scrutiny Role) GPO Box 1020 CANBERRA ACT 2601 Dear Mrs I write in response to comments made by the Standing Committee on Justice and Community Safety (the Standing Committee) in Scrutiny Report 3 for 2017. The Committee has considered six Fees Determinations and provided comments. My response concerns Disallowable Instrument DI2016-294, the Court Procedures (Fees) Determination 2016 (No3) made under section 13 of the Court Procedures Act 2004, which revokes DI2016-101 and determines fees payable for the purposes of the Court Procedures Act. The Committee notes that the Explanatory Statement for DI2016-294 provides no information about the ‘old’ fee in DI2016-101, the new fee and the percentage of the increase. This is correct – this is not the purpose of DI2016-294. The Committee’s Guide to Writing an Explanatory Statement provides that the form and content of an explanatory statement is dictated by its purpose. Unlike the five other instruments identified by the Committee in Scrutiny Report 3, DI2016-294 changes none of the fees notified in the previous determination (DI2016-101). It reflects changes made to the ACT Civil and Administrative Tribunal Act 2008 and the Magistrates Court Act 1930 by the ACT Civil and Administrative Tribunal Amendment Act 2016 (No 2), to give exclusive jurisdiction to the ACT Civil and Administrative Tribunal (the ACAT) to hear and determine civil disputes for claims of $25,000 or less. This is an increase from the previous $10,000 limit.