Page 5293 - Week 16 - Thursday, 28 November 1991
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This Bill takes out the requirement that the commissioner be accountable directly to the people. Unless the commissioner is accountable to the Minister, who is an elected representative of the people, the people will have no control over the commissioner. Certainly, the commissioner can be removed for misbehaviour, but it is open to question what misbehaviour is.
We need to look very carefully at this situation. Are the members of this ACT Legislative Assembly prepared to give a commissioner the power to compel someone to attend a hearing, the power to force somebody to produce documents even though they have privilege, the power to force people to write down information they have in their head, sign it and present it to the commissioner at a particular time and place? Are we prepared to place this power in the hands of an unaccountable commissioner? I know that many members may not have been particularly listening to some of the things that have gone on in this house, but I really make the point - and I make it very strongly - that, whatever power we place in the hands of the commissioner, it should be accountable power.
The commissioner should be accountable to the parliament, and it is reasonable that the commissioner be accountable to the Minister. Otherwise, how can the people, through their parliament, make the commissioner accountable? This is an extremely important point, and I would ask all members to consider the power that they are about to hand over to a commissioner without requiring any accountability.
MR STEFANIAK (5.40): I am not even sure whether Mr Stevenson's amendment will do what he wants it to do. He would simply make the commissioner subject to the control and direction of the Minister. Clause 111 is a fairly normal termination of appointment provision, and I do not see a problem.
Amendment negatived.
MR STEVENSON (5.41), by leave: I move:
Clause 113, page 43, lines 36 and 37, omit paragraphs 113(2)(c) and 113(2)(d).
This amendment is basically self-explanatory.
Amendment negatived.
Clauses agreed to.
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