Page 36 - Week 02 - Tuesday, 23 May 1989
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That is borne out again in schedule 4 of the enabling Act, which allows the Executive to have power to govern the Territory, to make allowances and entitlements in respect of services of members of the Assembly, the Chief Minister, the Deputy Chief Minister, Ministers, the Presiding Officer, the Deputy Presiding Officer, the Head of Administration and so on.
It mentions nowhere a special arrangement for the Leader of the Opposition so the Rally takes the view that the Act creates a clear contrary intent. We do not believe that the words "conduct of business" in section 21 can justify the creation of an office left out of the original legislation. Our advice is that the new standing order is clearly ultra vires to the enabling Act, and that any suggestion that there can be a leader of the opposition in this d'Hondt-created Assembly is quite improper and based on an error of law.
All the debates about the self-government Bill assumed that this Assembly would not be a replica of a British model which enhances competition between a government majority and an opposition with a formalised team of shadow Ministers, shadow cabinet and shadow legislative program. All of that sits on my right at the moment. The interests of the people of the ACT are better served, I submit, if the parliamentary institution here provides for a consensus arrangement which would be enhanced if we maintained equality between equally elected groups.
The Liberal Party achieved four seats in this election and so did the Rally, but by this connivance - and I put that word in its right context - the Rally finds itself disadvantaged, almost crippled in debate. The fact is that the standing orders provide for the - - -
Mr Berry: I raise a point of order, Mr Speaker. In relation to the reference to "connivance" by Mr Collaery, I draw your attention to standing order 52, which states:
A Member may not reflect upon any vote of the Assembly, except upon a motion that such vote be rescinded.
I would ask you, Mr Speaker, to so rule in relation to the mention of the word "connivance".
MR SPEAKER: The point has been raised, and I believe incorrectly so, that Mr Collaery is using the term as per the Oxford Dictionary. I think he can proceed.
MR COLLAERY: Thank you, Mr Speaker. I deliberately did not use another word that might have some other connotation.
The Rally has heard Mr Kaine say publicly that the Rally should sit on the cross benches. Well, we did not find
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