XN000022-1978-11-15 — Page 16

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WEDNESDAY, NOVEMBER 15, 1978

BILL TO FACILITATE WORK OF LANDS TRIBUNAL INTRODUCED ******

THE LANDS TRIBUNAL (AMENDMENT) BILL 1978 WHICH CONTAINS CHANGES IN THE LAW INTENDED TO FACILITATE THE WORK OF THE TRIBUNAL WAS INTRODUCED INTO THE LEGISLATIVE COUNCIL TODAY.

THE LANDS TRIBUNAL WAS ESTABLISHED IN 1974 FOR THE PURPOSE OF DETERMINING CLAIMS FOR COMPENSATION AR IS ING UNDER VARIOUS ORDINANCES AND TO HEAR AND DETERMINE RATING APPEALS.

MOVING THE SECOND READING OF THE BILL, THE ACTING ATTORNEY GENERAL, THE HON. GARTH THORNTON, SAID IT WAS GENERALLY RECOGNISED THAT THE TRIBUNAL HAD WORKED WELL AND WAS ACHIEVING SATISFACTORILY THE PURPOSES FOR WHICH IT WAS SET UP.

+HOWEVER, HE SAID, THE EXPERIENCE OF THE PAST FEW YEARS HAS BROUGHT TO LIGHT THE NEED FOR SEVERAL AMENDMENTS TO THE LANDS TRIBUNAL ORDINANCE.+

MR. THORTON SAID ONE OF THE AMENDMENTS RELATES TO A SECTION OF THE PRINCIPAL ORDINANCE WHICH PROVIDES THAT DECISIONS OF THE TRIBUNAL ARE FINAL EXCEPT FOR A RIGHT OF APPEAL TO THE COURT OF APPEAL ON A POINT OF LAW.

+THIS AMENDMENT CONCERNS ONLY THE PROCEDURE OF SUCH APPEALS AND PROVIDES FOR APPEALS TO BE BY WAY OF THE SIMPLER CASE STATED PROCEDURE RATHER THAN UNDER THE RULES OF THE SUPREME COURT, MR. THORNTON SAID.

HE ADDED THAT THE AMENDMENT IN FACT CONFIRMS THE ORIGINAL INTENTION.

MR. THORNTON SAID OTHER AMENDMENTS INCLUDE THE ADDITION OF A NEW SECTION EMPOWERING THE TRIBUNAL TO CORRECT ANY ERRONEOUS FINDINGS OF FACT WHICH MAY APPEAR IN THE TRIBUNAL'S DECISIONS.

+THE CONSEQUENCES OF ADOPTING A WRONG FIGURE OR MATHEMATICAL ERROR CAN, OF COURSE, BE SERIOUS AND THIS CLAUSE WILL ENABLE ANY ERRORS OF THIS KIND TO BE SIMPLY CORRECTED BY THE TRIBUNAL WITHIN ONE MONTH OF THE DECISION EITHER IN ITS OWN MOTION OR ON THE APPLICATION OF EITHER PARTY TO THE PROCEEDINGS,+ HE SAID.

DEBATE ON THE BILL WAS ADJOURNED.