Page 642 - Week 05 - Tuesday, 4 July 1989
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vital importance, the necessity for a formal financial agreement between the ACT and the Commonwealth, the desirability of determining the most appropriate form of government for this Territory and the undenied requirement to improve the electoral process in any future Assembly elections. But all these issues must be looked at in a broader view of what powers this Assembly has to implement changes for the better.
The simple fact is that, no matter what recommendations this proposed committee may make, we are reliant upon our Commonwealth masters to firstly approve and secondly implement them. This may be as it should, but even within the self-government Act certain powers which many people feel should fall under the mantle of responsibility of this Assembly are retained by the Commonwealth.
We are familiar with the Act. The self-government legislation lists in detail some matters in respect of which the Assembly has no power to make laws. These include such matters as raising our own military forces and the coining of our own money. However, some of those matters about which this Assembly may not currently make laws - for example, the establishment of courts - are due to come under its authority in a certain time frame while others will not.
Powers withheld by the Federal Parliament and transitory arrangements have been detailed. However, there seems to be a one-sided definition of what can and cannot be done by the ACT Legislative Assembly, but very sparse detail is available on the restrictions of powers of what can and cannot be done by the Minister for Territories. All details seem to be subject to the good intentions of the Minister, with few or no written guidelines and no signed memorandum of understanding.
This situation could result in total confusion, either with the new Minister for Territories within the present Government or within a change of government. Mr Deputy Speaker, we must immediately participate in the drafting of a memorandum of understanding similar to that between the Federal Parliament and the Northern Territory. This document allows forward planning on the written word, which although still subject to change cannot be unilaterally amended or ignored.
The Commonwealth has the power to change our course, our administrative direction, without consultation with us. We have the economic responsibility but we could, in effect, be prevented from passing the necessary legislation to remedy our shortcomings. My colleague Ms Maher has already outlined the problems associated with the current ACT electoral system and processes, as have many of our other speakers.
It is certain that some recommendations to improve these could be made - recommendations that I am sure would have
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