Page 4769 - Week 16 - Monday, 25 November 1991
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Section 344A of the proposed new Part VIIA defines a government official as a person who holds or performs the duties of an office under a law of the Territory or a public servant. It can be seen that this is not Canberra-bashing and I have not selected out public servants as distinct from members of the ministry. This law applies to Ministers as well, who must set an example and be held accountable if they stray.
Proposed section 344B requires government officials not to act either dishonestly or for an improper motive in exercising a power or for similar improper motives or to dishonestly fail to perform a duty. A provision has been drawn to provide a defence in situations where a public servant could be deemed to be in technical breach of a law by virtue of a work stoppage or other conscientious situation. These amendments are not meant to be oppressive; they are meant to catch the oppressors.
The final provision, proposed section 344D, is meant to tidy up an area where there is a need to create a special offence for those who use an official position to practise some deception upon the public. The provision is in line with the Canadian code and provisions in the Commonwealth Crimes Act, the Secret Commissions Act and the Audit Act. There may be some overlap while the ACT public service continues to be mixed between those appointed under Federal legislation and those employed directly by the Territory. I commend the Bill to the house.
Debate (on motion by Mr Connolly) adjourned.
AUDIT (AMENDMENT) BILL 1991
MR COLLAERY (11.08): I present the Audit (Amendment) Bill 1991. I move:
That this Bill be agreed to in principle.
On 21 June 1991 the Residents Rally tabled in this Assembly its Self-Government Reform Group Charter. That provided in article 3 for full statutory independence for the Auditor-General, both by way of appropriation of funds and in terms of Executive independence. On 13 August 1991, Mr J.S. O'Neill, ACT Auditor-General, in his report No. 8 made a special report to this Assembly on his lack of independence. The Auditor-General said:
The position of Auditor-General is a statutory one and the officer must have independence from the government he/she audits. This is a cornerstone of public accountability in any democracy in the Westminster tradition. Lack of such independence has caused a debilitating effect on audit activities since June 1991.
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