WEDNESDAY, NOVEMBER 10, 1982
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POWER TO EXTEND TRIBUNAL APPEAL PERIOD SOUGHT
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TWO BILLS PROVIDING FOR AN EXTENSION OF THE PRESENT SEVEN DAYS ALLOWED FOR APPEAL AGAINST AN AWARD BY EITHER THE LABOUR TRIBUNAL OR THE SMALL CLAIMS TRIBUNAL WERE READ A SECOND TIME BY THE LAW DRAFTSMAN, THE HON G.P. NAZARETH, AT THE LEGISLATIVE COUNCIL TODAY.
THE BILLS ARE THE LABOUR TRIBUNAL (AMENDMENT) BILL 1982 AND SMALL CLAIMS (AMENDMENT) BILL 1982.
MR NAZARETH SAID THAT TWO TRIBUNALS PROVIDE INEXPENSIVE, EXPEDITIOUS AND INFORMAL THE MEANS OF SETTLING DISPUTES AND ENFORCING RIGHTS WITHIN THE IR JURISDICTION.
HOWEVER, THE LAW NOW ALLOWS SEVEN DAYS WITHIN WHICH TO APPLY FOR LEAVE TO APPEAL.
+ IF SUCH APPLICATION IS NOT LODGED WITHIN THE SEVEN-DAY PERIOD, THE PROVISION FOR APPEAL IS LOST ALTOGETHER.
+THIS IS IN SHARP CONTRAST TO THE GENERAL POSITION ON APPEALS WHICH ENABLES THE COURTS TO EXTEND THE TIME WITHIN WHICH APPEALS MAY BE LODGED IF THERE IS GOOD CAUSE OR WHERE THAT WOULD BE JUST.
+ IT IS ALSO OF RELEVANCE THAT SINCE BARRISTERS AND SOLICITORS HAVE NO RIGHT OF AUDIENCE IN THESE TRIBUNALS, THE PARTIES TO PROCEEDINGS ARE NOT ABLE TO RELY ON THEM TO ENSURE THAT APPLICATIONS ARE MADE IN TIME, HE SAID.
MR NAZARETH POINTED OUT, HOWEVER, THAT THERE HAD BEEN CASES WITH GOOD CAUSE WHERE ATTEMPTS HAVE BEEN MADE TO APPEAL AFTER THE SEVEN-DAY PERIOD HAD EXPIRED.
THE TWO BILLS BEFORE COUNCIL WILL ENABLE THE REGISTRAR OF THE SUPREME COURT TO EXTEND THE PERIOD OF SEVEN DAYS FOR GOOD CAUSE+, AN EXPRESSION DERIVED FROM SIMILAR PROVISIONS IN THE MAGISTRATES ORDINANCE AND BANKRUPTCY LEGISLATION.
DEBATE ON THE BILLS WAS ADJOURNED.
SUPPLEMENTARY PROVISIONS
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THE LEGISLATIVE COUNCIL TODAY APPROVED FINAL SUPPLEMENTARY PROVISIONS OF $38 MILLION FOR THE FINANCIAL YEAR 1981-82 AND $73 MILLION FOR THE FIRST QUARTER OF 1982-83.
IN MOVING THE TWO MOTIONS FOR APPROVAL, THE FINANCIAL SECRETARY, THE HON JOHN BREMRIDGE SAID THIS WAS TO SEEK THE COUNCIL'S COVERING AUTHORITY FOR SUCH EXPENDITURE WHICH HAD BEEN APPROVED BY THE FINANCE COMMITTEE.
/HE SAID
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