Mr DEAN (Windermere) - I want to speak on the tenancy act amendment. I am very pleased to see this amendment being made because what was happening when it was under the control of local government, and those water usage or consumption bills were going direct to the owners, and that was a matter of going to council and providing the details of the tenant. However, with the current structure - Ben Lomond Water was interesting - and I identify myself as a person involved here. When I went into Ben Lomond Water and asked that the water consumption go to the tenant, I was promptly told that could not happen. But whilst I was speaking at the counter, along came an ex-council employee now employed by Ben Lomond Water, who said it can happen and I will arrange it. Just give me the name of your tenant. It would seem that they were acting unlawfully in doing that according to this amendment.

People who use water should be obliged to pay for that water. It does not matter if they are a tenant in a Housing Tasmania home or a tenant anywhere else in my opinion. That is what causes people to be frugal with their use of water. That is what it is about.

Particularly where you have the metered areas such as the Launceston Council and Burnie - progressive councils - where they have put water meters in and they can be accurately recorded and identified and it is good to see this amendment being moved to allow for that to happen.

[4.12 p.m.]
Mr PARKINSON (Hobart - Leader of Government Business in the Legislative Council) - I thank members for their contributions. In relation to the member for Mersey's issue, it is difficult to define 'eligible person' and an attempt to define it may restrict it unduly. 'Satisfaction' generally means that the secretary, on balance, accepts the applicant's concerns. Most likely the secretary would only knock back obviously vexatious applicants.

Text is kept flexible deliberately because it is impossible to second-guess what grounds may give rise to an application. If an application was knocked back and there is later contact between the offender and the applicant, it is unlikely any proceedings would result. Highly unlikely that failure to list on the register was causative of any injury. After all, the register only allows notification of release and provides no other protection. If the applicant is really concerned for his or her safety, he or she will need to apply for a restraint order under the Justices Act.

Sections 87A and 87B are based on provisions which have operated successfully in Queensland for some time. The honourable member for Pembroke, I am told, raised issue with consultation. There was consultation with the Chief Justice, the Chief Magistrate, Law Society, Tas Bar Association, Tasmanian Independent Bar, Women's Lawyers, plus the Police Association on, amongst other things, suspended sentences, breach of suspended sentences, community sentence orders, fines, drug treatment orders, compensation orders, levies, compensation orders made under the Sentencing Act 1997. The honourable member for Pembroke also raised the matter of the concern expressed by the Police Association about the magistrate or a judge not having the facts of the original offence before them when hearing a new offence. There are administrative solutions that the police prosecution will need to organise.

As far as the legal solution is concerned, the bill permits the magistrate to direct the prosecution to give the offender notice of the grounds of the application for breach and the offender can be bailed to appear. Discussions were had between the Department of Justice and Police Prosecutions on this issue in June 2009.

To the honourable member for Launceston in regard to section 10 of the Sentencing Act and section 3 of the annulled Convictions Act, consideration will be given to the remainder of the recommendations of the Tasmanian Law Reform Institute. Annulled convictions is still the subject of the Standing Committee of Attorney-Generals working group's consideration and final recommendations have not yet been released. They will be finalised shortly, my advice is.

The question of police record of offences that is supplied is a matter that is being considered in relation to other matters.

I commend the bill to the Council.

Bill read the second time.