Review of the Carriers and Innkeepers Act 1958

Chapter 9 – Uniform Legislation

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NEED FOR A NATIONAL LEGISLATIVE SCHEME

Current trend toward national uniform legislation

9.1 In Australia, the current trend appears to be in favour of uniform legislation in relation to matters of national importance. A recent example is the Consumer Credit Code. The advantages of uniform legislation are obvious - those people and industries affected by the legislation, and those advising on it, need not be familiar with seven different Acts and regulations in order to conduct their business or advise their clients. Uniform legislation also benefits consumers, who become aware of their rights in every Australian jurisdiction.

Need for uniform legislation in respect of innkeepers

9.2 The Chief Secretary’s Department of New South Wales, in its discussion paper of 1990, remarked that there was no uniformity between States in the legislative approaches adopted. In contrast, the paper noted moves at the international level to unify rules relating to the contracts of hotelkeepers. Further, the discussion paper stated that the problems with the New South Wales legislation identified in the preceding Chapter, also applied to the legislation of other States.[326]

9.3 One commentator explained the need for a national scheme in relation to the law governing innkeepers:

Accommodation is a key component of a major interstate industry which requires more uniformity in approach among the States and Territories. Tourism is also an increasingly important industry in Australia’s international trade, which requires laws that conform to the developing international standards and practices on these issues. What is needed in Australia is a uniform Tourist Accommodation Act which meets the contemporary needs of the industry and consumers and deals with the rights and obligations of hotels and guests in a clear, fair and simple manner.[327]

9.4 The research paper prepared by the ACT Attorney General’s Department identified one of the practical problems arising from the existence of different legislation in each State and Territory.

A number of ACT motels/hotels are linked to interstate or international organisations. In such circumstances, training of managerial staff may take place out of the ACT (sometimes with unfortunate results).

The paper noted that a number of interstate companies had assumed that the 1968 NSW Act applied in the Australian Capital Territory, and accordingly acted to their prejudice.[328]

9.5 Perhaps as a result of such problems, some innkeepers would clearly support the move to a national scheme. The Committee received the following evidence from the General Manager of the Melbourne Hilton Hotel:

Talking about the Victorian legislation now, because Queensland has already gone out, if we change anything it would make sense to change it nationally so all States are covered by the same rule because the present situation is confusing enough.[329]

9.6 The Committee agrees that the development of a national scheme of legislation is desirable as it would reduce confusion on the part of innkeepers and guests, and would be in the best interests of Australia, given the importance of tourism to the nation.