Page 5294 - Week 16 - Thursday, 28 November 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Clause 116
MR STEVENSON (5.43): I move:
Clause 116, page 44, add the following subsection:
"(2) In the event of the Commissioner determining to delegate any of his or her powers as herein provided, then such determination shall be made in writing and a copy thereof will be forwarded forthwith to the Minister who shall table the same before the Assembly and such delegation shall take effect unless disallowed by the Assembly within three months of such tabling.".
Clause 116 relates to whom the commissioner may delegate power to. The clause says that the commissioner may delegate power to a member of the staff of the commissioner. We should look at what powers may be delegated. Clause 116 mentions powers or functions under section 68, 69, 77 or 78. Clause 68 relates to preliminary inquiries and says:
The Commissioner may make inquiries of the respondent to a complaint ...
So, we are allowing a staff member to take over that power. Clause 69 is perhaps far more extreme. Subclause (2) says that the commissioner may, of his or her own motion, investigate matters. Under clause 69, the commissioner can decide to investigate anything under the sun, moon or stars. Members of this Assembly have agreed that the commissioner should have the power to investigate whatever he or she likes, regardless of whether anybody has ever complained about it or not.
To delegate the power to make inquiries is one thing. I suggest that it is an entirely different thing to allow the commissioner to delegate the power to initiate investigations. If you want the power to initiate an investigation when there has not been a complaint, leave it in the hands of the commissioner; do not allow the commissioner to hand over to one of his or her staff the power to initiate entirely new investigations of matters that have never been complained about. Leave that power with the commissioner and, once the commissioner has decided that a matter should be investigated, allow him or her to hand over the power - delegate that power, as it were - to a member of staff.
Clause 116 also gives the commissioner the power to delegate the responsibilities under sections 77 and 78. Clause 77 allows the commissioner to compel compulsory conferences. I think it is probably reasonable to allow the commissioner the right to determine who is going to be pulled before a compulsory conference, but not one of the commissioner's staff.
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .