Page 4124 - Week 14 - Wednesday, 23 October 1991
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When the Speaker is satisfied that the required number of electors has been obtained, the Speaker presents the petition to the Assembly. The petition then is deemed to be a call for a referendum on that issue. When the MLAs are informed of the call for a referendum, the Assembly may act on its contents in such manner as it sees fit. This action may satisfy the petitioners' concerns. Where the parliament does not address the concerns in such a way as to satisfy the expressed concerns, a proposal addressing those concerns will be submitted to the electors at the next ensuing election or poll and a writ will be issued for the referendum poll to proceed.
A referendum of the electors will be held within six months, unless the petitioners request that the poll be deferred for a period of not more than a further six months. This action enables several matters to be heard at the same time and makes the individual cost of holding a referendum much lower. The government is not responsible for the publication of the for and against arguments but may put its case if it so desires. Equally, any or every organisation or individual may do likewise. The time between the petition's presentation and the holding of the ballot at election or poll time will be well used for open debate and comment. This will allow the community to become aware of the facts from all sides of the argument.
Next, the result of the referendum shall be determined by the support of a simple majority of the electors of the Territory. The proposed law approved by the electors is then presented to the Chief Minister for assent. Provision is also made for holding emergency referenda between elections. The same requirements apply for this action as above, except that a higher percentage would be required to call it - for example, I have suggested 8 per cent of the valid votes cast at the last election. This is a safety valve and is to ensure the holding of a poll within six months of a petition so qualifying. The government of the day is encouraged to make use of referenda on issues of concern on its own initiative.
In general, the Bill provides an avenue for the community to express its collective interests and concerns and to tap the collective wisdom of the community. The question to appear on an initiative petition asks whether electors wish to have a vote on a subject matter. The Speaker checks the provisions of the Bill and provides an atmosphere for consultation, and proposals clearly seen as having merit will most likely be acted on by the legislature.
It is expected that the majority of petitions with demonstrated merit will be the subject of appropriate legislative or administrative action and will be withdrawn because of this appropriate action. This, of course, will be the true measure of the success of this proposal. There is no restriction on parliament preventing it from placing
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