Page 2854 - Week 10 - Wednesday, 15 August 1990
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SCHOOLS AUTHORITY (AMENDMENT) BILL 1990
Debate resumed from 8 August 1990, on motion by Ms Follett:
That this Bill be agreed to in principle.
MR SPEAKER: I wish to make a statement on this matter. When this Bill was introduced on 8 August a point of order was raised by the Attorney-General when he drew the Acting Speaker's attention to the fact that, in his opinion, the Bill contravened standing order 200 and section 65 of the self-government Act. Mr Collaery asked the Acting Speaker to take the point of order on notice and give a determination in relation to the Bill at a future time.
Advice has been sought as to whether the object or effect of the Bill would be to dispose of or charge any public money of the Territory. That advice has been received, with effect from 15 August 1990, and I hereby table that report:
Schools Authority (Amendment) Bill 1990 - Opinion by the Government Law Office, on the application of section 65 of the Australian Capital Territory (Self-Government) Act 1988, dated 15 August 1990.
The amendment to the principal Act proposed by Ms Follett seeks to insert a provision which will provide that the Schools Authority shall not close any primary school, high school or secondary college established or conducted in accordance with paragraph 1(a) of the Act. The Bill also seeks to amend subsection 6(3) by inserting words which declare that the Minister's power of direction is subject to the new proposed subsection.
Having considered the advice given on the matter, I must conclude that the Bill does contravene the provisions of standing order 200 as, if agreed to, it would have the direct effect of charging the Schools Authority to continue to operate existing schools and would commit the Territory to spending public money on the subjects provided for by the Bill.
I remind members that the question of standing orders 200 and 201 and their application is one currently before the Administration and Procedures Committee, and it is hoped that the committee will make recommendations to the Assembly on the matter before the next sittings.
As the Bill has not been prepared in accordance with standing orders, I therefore reluctantly call on the Attorney-General to move the appropriate motion under standing order 170.
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