Page 271 - Week 01 - Thursday, 14 February 1991
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We think that this would provide a more appropriate body to undertake the necessary public duty which a commission of inquiry must have in a modern body politic. When the detailed amendments are proposed I will be circulating them to the Assembly; but, in effect, they change but the title and definitions in the Royal Commissions Bill. Effectively, we would oppose the passage of the Inquiries Bill. The consequential provisions Bill would become the Commissions of Inquiry (Consequential Provisions) Bill and the references to the two Bills would be correspondingly altered. I will be able to circulate those amendments later, in the detail stage.
MR HUMPHRIES (Minister for Health, Education and the Arts) (11.11): I think it is agreed by the Assembly that these Bills are important pieces of legislation and that they constitute further work in the task of establishing the appropriate mechanisms for ACT government. It is helpful to hear comments from the other side of the house about ways in which we might enhance the ACT's unique position, to ensure that we have provided mechanisms in the ACT which are appropriate to our position and to our requirements. There is always, of course, in addressing legislation such as this, the need to decide whether we should be the same in terms of what other Australian States and Territories do, or whether we should be unique or different. Those questions have been raised by Mr Connolly. There is some response.
I am not sure, from listening to Mr Connolly's remarks, whether he was saying that there was an argument for having an administrator as a result of our inability to use the royal prerogative to appoint royal commissions as we do not have a vice-regal representative in and for the ACT. I will have to read his speech in Hansard in close detail to see whether that was what he was saying. I suspect that it was not.
I have to say, however, that it seems to me that Mr Connolly spoke to us eloquently as a lawyer but not as a politician. It seems to me that even people in the street who might follow legal or political matters in much detail do appreciate that there is a very significant difference between commissions of inquiry or inquiries, or whatever term might be applied, and royal commissions. They appreciate that there is a significant difference in their status. What is more, they understand that royal commissions are appointed in exceptional circumstances and possess different or exceptional powers to deal with exceptional circumstances. That would be the fundamental reason why the Government has introduced two Bills - the Royal Commissions Bill and the Inquiries Bill; it sees an important difference in those two roles.
Mr Berry: Rubbish!
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