Page 4353 - Week 15 - Wednesday, 21 November 1990
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Wednesday, 21 November 1990
___________________________
MR SPEAKER (Mr Prowse) took the chair at 10.30 am and read the prayer.
ADMINISTRATION AND PROCEDURES - STANDING COMMITTEE
Statement by Chairman
MR PROWSE (10.31): Mr Deputy Speaker, as chairman of the Administration and Procedures Committee, I would like to make a brief statement, as an interim report, so to speak, from the Administration and Procedures Committee. Members may recall that the Standing Committee on Administration and Procedures is currently inquiring into standing orders 200 and 201, and their application, particularly with regard to private members' legislation.
The issues facing the committee are complex and ones that have profound implications for the future operation of the Assembly. The fundamental issue is the need to balance the rights of private members to initiate business, and to obtain the Assembly's distinct vote on it, against the need for executive governments, especially minority governments, to exercise control over the financial affairs of the Territory.
The committee has considered two major legal opinions on the matter - one from the Government Law Office, and one from Mr Pat Brazil that was sought by the committee. It is clear from the opinions available to the committee that the provisions of section 65 of the self-government Act and standing orders 200 and 201 are open to interpretation. Because of the importance of the questions raised and their significance to the future operation of the Assembly, the committee has resolved to seek a further opinion on the matter from the Commonwealth Attorney-General, as the Commonwealth has the responsibility for administering the Australian Capital Territory (Self-Government) Act.
Accordingly, I will be writing to the Chief Minister, asking him to pass on the terms of the committee's request to the Federal Minister responsible for administering the self-government Act.
MR BERRY (10.33), by leave: I oppose the action that has been taken by the Administration and Procedures Committee, on some basic principles. The first is that the activities of the Administration and Procedures Committee will be seen to be politicised if the Government endorses the interim report of the Administration and Procedures Committee. The Government will be seen to have supported a delay in the
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