Page 5292 - Week 16 - Thursday, 28 November 1991
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Clauses 109 to 115 taken together
MR STEVENSON (5.35): I move:
Clause 111, page 43, add the following subclause:
"(2) In the administration of this Act the Commissioner at all times be subject to the control and direction of the Minister.".
Obviously enough, that is our intention and I would suggest that we make the point in the Bill that indeed the commissioner is subject to the control and direction of the Minister in all matters covered under this Bill.
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (5.35): That deserves a brief response from the Government. It is quite likely that a large volume of complaints to the commissioner will be complaints against government activity, and Mr Stevenson's proposal - - -
Mr Kaine: They might be complaints against the Minister.
MR CONNOLLY: There may indeed be a complaint against a Minister, and Mr Stevenson is proposing that the commissioner be subject to the direction of the Minister. It is central to this type of proposal that it be an independent statutory officer. That is why we have the seven-year term of appointment - so that the person, once appointed, does not depend for continuing employment on the whim of the government of the day, is independent and can fearlessly and vigorously investigate a government department or, indeed, a Minister. To make that person subservient to the Minister would completely subvert the purpose of an independent commissioner.
MR STEVENSON (5.36): Unless we make sure that the commissioner is under the control of the parliament through the Minister, we are placing enormous power into the hands of a bureaucracy - which is what it is - that is not accountable to the parliament or to the people.
Mr Connolly: Judges are not either.
MR STEVENSON: Mr Connolly says that judges are not, but I suggest that there are certain traditions that a judge follows. I think it is probably worth while to note that a judge does not prosecute the case. A judge, prior to hearing matters, is not required to go out and promote one side, as is required under this Bill. The principle of the judiciary in Australia comes from a long heritage and a wonderful heritage whereby justice can be done, provided the law is followed.
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