Sometimes the reform is just common sense. This one was also derivative: Wells was copying a system already operating in New South Wales and Victoria. This is what he said when introducing the legislation to establish a community dispute resolution framework.
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Disputes and conflict between human beings have plagued the human race throughout history, whether it be the existence of a state of war between nations or the minor wars which occur every day in interpersonal relationships between people.
Throughout the ages, various means of dealing with and resolving conflict have been devised. While the formal legal system which has been developed in this country and other English speaking countries provides appropriate dispute resolution methods for most issues, it does not deal adequately with others. It is recognized that the conventional court system is not always equipped to provide lasting resolution of disputes between people in continuing relationships.
Domestic disputes, disputes between employees and neighbourhood disputes relating to such issues as overhanging tree branches, dividing fences, barking dogs, smoke, noise and other nuisances are occurring continually in the community. While those domestic or “backyarder” disputes are often treated as minor matters, if left unresolved they can develop into very serious situations and, tragically, can result in the commission of violent crimes. Whilst the present legal system can deal with those issues while they are still minor problems, the result is not always the lasting resolution of the dispute. The objective of this Bill is to encourage disputants to discuss their differences at an early stage before they escalate into far more serious problems.
Queensland Parliamentary Debates 1990 |
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