Page 2393 - Week 11 - Thursday, 2 November 1989
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I do, however, look at situations where there may be periods of two to three months when we may need assistance for two or three days a week, here or in another State, that would benefit those things which we seek to achieve on behalf of the electorate. I well understand that there will be a further amendment moved on this matter. At the moment I am certainly prepared to allow the matter to proceed today to ensure that all members' staff are covered under legislation.
MR COLLAERY (12.01): Mr Speaker, the Rally supports the amendment moved by the Minister. It is clearly being moved as an interim measure to resolve a justifiable impasse that has been reached, and I congratulate the Chief Minister for breaking that impasse and deciding on this remedy at this stage. But the Rally foreshadows a general agreement in the opposition, that we will move an amendment to the legislation in due course to allow the employment of consultants, provided they are not continuously employed on the premises. They must be genuine consultants and, so far as is practicable, the arrangement must be seen to be a genuine consultancy. The draftsperson can determine the exact wording of that provision certainly, but, as far as I am aware, that is the intention of all of the opposition parties.
Mr Speaker, one matter of concern to the Rally has arisen during this process, and that is a letter dated 27 September 1989 from the acting deputy legislative counsel to Mr Stevenson advising, among other things, that the legislative counsel's office could not give effect to his instructions to draft an amendment to allow the employment of consultants. This is an amendment that he no longer presses, of course, but the significance of the letter was a statement by the counsel's office that since the amendment would, in its view, contravene section 65 of the ACT (Self-Government) Act - that is, would vote extra moneys, which on one reading of the Act cannot be done; and we referred to that earlier this morning - it was unable to give effect to the instructions.
Now, I take the view that, unless an instruction we issue to the legislative counsel is itself unlawful and involves an unlawful act, the Bill should be drafted. It is up to this sovereign Assembly - and the Bills committee that we have now created - to find it out of order. I serve notice on the very competent, able and helpful legislative counsel's office that we must resolve the principle of this at the earliest possible date. If it is to be the view of the counsel's office that it can vet our proposals for legality, then there is even greater urgency in our right to employ consultant draftspersons to draft Bills for us. I seek leave to table that letter, Mr Speaker.
Leave granted.
MR COLLAERY: The other matter is that the Chief Minister is clearly anxious to avoid any sham consultancy
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