Page 2435 - Week 09 - Tuesday, 6 August 1991
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by reviewing all existing legislation in the ACT to clear up anomalies as to whether or not the Crown ought be bound. The Law Reform Unit of the Attorney-General's Department is proceeding to do that now. In future legislation before this Assembly we will always have a provision which expressly states whether the law should or should not bind the Crown in right of the ACT.
That will mean, Mr Speaker, that during the course of the next few months, or into next year, we will be in a position in this Territory where, on the face of every ACT law, it will be apparent whether the Crown in right of the ACT is bound or is not bound. The decision of the High Court was a progressive one insofar as it was doing away with an old doctrine that relied on prerogatives and basically saying that modern government is out there interfacing with the community, with industry, and ought to be bound by law just as the ordinary citizen or corporate player is.
The ACT Government will be, I think in keeping with the spirit of that decision, not seeking to rely on antiquated doctrines of Crown immunity and will be going through the entire body of statute law so that future citizens of this Territory or persons seeking to do business in this Territory will know by looking at an Act whether or not the Government is bound. In my view, Mr Speaker, that is a progressive decision and one that should be welcomed by all people in the Territory.
MR HUMPHRIES, by leave: Mr Speaker, I do not want to debate the substance of the statement that the Minister has made, but I do want to raise two brief points. Mr Connolly said, in making that statement, that, given the fact that the Government was now going to eschew dorothy dixers in question time, therefore no written statement would be produced. I am not quite sure what the connection is between those two matters. It would seem to me appropriate that, if a statement is made in any circumstances except emergency circumstances in the Assembly, the Assembly ought to have the benefit of the written statement circulated around the chamber. That is a simple courtesy to other members of the Assembly who are expected to debate that statement, potentially, as soon as it is made, if they so wish.
I would have thought that a matter of this complexity also ought to be at the disposal of members in written form. So, I fail to see the connection between those two matters and I sincerely hope that, in exchange for giving away dorothy dixers, the Government is not going to impose the penalty on the Opposition and the other members, which is that they do not get to look at statements made by the Government and have to wait until the Hansard comes out. That would be a most regrettable trend.
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