Page 2971 - Week 13 - Thursday, 23 November 1989
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The estimated payment to the Commonwealth in 1989-90 meets the costs of benefits in respect of service from 1 July 1989 of retiring ACT Government employees on an emerging cost basis.
Current arrangements may vary when future superannuation financing policy is finalised. This includes the method of funding liabilities, that is on a fully funded or emerging cost basis.
Arrangements presently in place generally reflect those budgetary and reporting practices of state governments. Reflection of superannuation costs against all programs would make financial comparison of like functions between States extremely difficult.
Recommendation (4)
the status of the Department of Education, the Department of Community Services and Health, the ACT Institute of TAFE and the Legal Aid office be changed from statutory authority to department (paragraph 2.31).
Government Response
The Government agrees that it is appropriate for the Schools Authority and Community and Health Service to be transformed from statutory authorities into public service departments. As the first step in this process, Departments of Education and Community Services and Health were formally created by Administrative Arrangements Order dated 4 August 1989. This had the effect of creating a clear public service reporting relationship between the Ministers and their respective Agency Heads.
Because the Acts creating the Schools Authority and Community and Health Service contain specific enabling powers in relation to staffing and financial management, it will be necessary to prepare replacement legislation before these Acts can be repealed. It is expected that legislation will be prepared prior to Assembly consideration of the 1990-91 budget.
It is inappropriate for the Legal Aid Commission to be transformed from an independent statutory authority to part of a Government Department (logically the Government Law Office). It is essential that decisions to grant or refuse legal aid be independent of Ministerial direction. There would also be the potential for conflict of interest to arise in the administration of legal aid in circumstances where such aid was sought to enable an individual to sue the Crown or a Government official. (In such circumstances the Government Law Office would be defending the Crown/Government official against such a suit).
Statutory authority status for Legal Aid Offices is the norm in the States. Any change in the current status of the Legal Aid Commission would require negotiation with the Commonwealth under the terms of the funding agreement between the Commonwealth and the ACT.
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