Page 2124 - Week 10 - Thursday, 26 October 1989
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tabling, there is no reason why the Minister would delay the tabling of the report in the Assembly. One can reasonably expect that that would be part of his duties and that he would pursue those duties without the particular time constraint that is suggested here.
In relation to reporting within three months of the end of the financial year, the report is an important document and it is essential that the report be an accurate account of the issues and activities of the council during the year. The preparation of such a report may, in fact, conflict with a particular period of high level of activity within the council and within the area of occupational health and safety and it may be found that, because of those sorts of conflicts, in order to meet the strict three months' deadline a less than perfect report would be produced. So, what is being submitted here is that the time constraint could limit the quality of the report which was suggested. We would submit that the wording of the clause be left as it is.
MR MOORE (11.58): First of all, Mr Speaker, the Minister's talk about time restraint is nonsense. The amendment says "within 3 months after the end of that year". That does not mean to say that they have only three months to prepare the report. They can start preparing the report nine months ahead or whatever; there is no restriction as far as that goes. All this does is tie it down to ensure that the Assembly is given a report and it is not held over or delayed. That holdover or delay also applies to the six sitting days where a Minister might be able to, for whatever reason, hold over or delay.
I think Mr Whalan should recognise that it may not be the case that a Minister of his calibre is sitting in the Assembly over the next 10 to 20 years, or however long this legislation lasts. It could well be that a Minister, unlike the ones that we have now, might, for whatever reason or through laziness, attempt to delay it. So, with no implication for any of the Ministers now, I think it is important for this Assembly to make sure that we do have a controlling factor on the Ministers. In fact, I would like to see that become part and parcel of all legislation.
If Mr Whalan had suggested perhaps nine sitting days and had given a reasonable reason there, then the offer would be open as far as I am concerned. For a reasonable reason, I would be quite prepared to accept that, but it should be in that sort of order.
MR KAINE (Leader of the Opposition) (12.00): I am pleased that on this occasion Mr Moore and I are in accord on this issue. It is clearly unacceptable for the Minister to argue that three months is not a reasonable time to ask any body to produce a report on its activities. The Minister has gone to great pains, Mr Speaker, to make the point that this is very important legislation and no doubt the administration of it is going to be equally as important.
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