Page 1139 - Week 07 - Tuesday, 22 August 1989
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oversupply to be gradually taken up. My department has already undertaken extensive consultations with the Institute of Technical and Further Education, the Canberra College of Advanced Education and unions, with the objective of transferring this training program to the tertiary education sector in 1991, and that is part of the budget papers.
LEADER OF THE OPPOSITION
MR SPEAKER: I would like to go back to the item on the daily program headed "Statement by Speaker". I had to pass by that one as neither Mr Collaery nor Mr Kaine was in the house at the time.
On 23 May I informed the Assembly that I had received a letter from Mr Collaery, leader of the Residents Rally, expressing concern at the legality of the Assembly's action on 11 May 1989 in amending standing orders to provide for the election of a Leader of the Opposition and in proceeding with that election.
The letter asked that I seek legal advice on behalf of the Assembly on this matter. I indicated that I would take steps to obtain legal advice and that, when I had received it and considered the matter in detail, I would make a further statement to the Assembly.
I instructed Macphillamy Cummins and Gibson, barristers and solicitors, to brief Professor Jack Richardson for this purpose. I have received Professor Richardson's advice, and I now table it.
No doubt, members will wish to study the opinion in detail, but I will summarise it by stating that it confirms the propriety and legality of the actions taken by the Assembly on 11 May. Professor Richardson advises that in his opinion the decisions of the Assembly were correct in law and in accordance with parliamentary conventions.
Members will recall that, during the ballot for the election of a Leader of the Opposition, Government members of the Assembly abstained from voting after advising the Assembly that they would not participate in the ballot. The opinion suggests that the Assembly should consider a formal amendment to the standing orders to provide that members of the party or parties in government be excluded from the election of Leader of the Opposition.
I advise the Assembly that I will ensure that this matter is examined by the Standing Committee on Administration and Procedures during its forthcoming review of the standing orders. Any conclusions reached by the committee will of course be reported to the Assembly, which will determine whether or not the standing order should be amended. I table the following paper:
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