Page 5295 - Week 16 - Thursday, 28 November 1991
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
The major point I would make is that the commissioner should not be able to delegate the responsibilities set out in clause 69. I believe that a new subclause should be added as follows:
(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.
If the commissioner decides to delegate those powers, which are very strong indeed, then I think it reasonable that notification be given to the Minister and that the Minister be required to notify the Assembly that the commissioner is going to delegate powers. The matter would be allowed to proceed unless disallowed by the Assembly. That would give the Assembly the power to disallow a decision by the commissioner.
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (5.48): The crucial thing here is that decisions cannot be delegated; decisions have to be made by the commissioner. These are the footwork-type provisions. The power to investigate is the classic one. Obviously, staff will do a lot of the legwork in the investigation of complaints, just as would happen in any body. These provisions are comparable to provisions in the Ombudsman Act. Mr Stevenson's proposed amendment is extraordinarily cumbersome and unnecessary.
MR STEVENSON (5.49): Mr Connolly did not answer the question that I asked.
Mr Connolly: All right. I did not and I will not; so sit down.
MR STEVENSON: He says that he did not and he will not. There have been questions about many clauses that he has not answered and will not answer. Indeed, he will not answer many of the specific points I bring up quite often - although he has answered some. I was not talking about the delegation of normal, day-to-day, routine things. I was talking about - and I made the point specifically and in some detail - the delegating of the power to initiate a new investigation. That point was not answered, and I suggest that it cannot be.
MR DUBY (5.50): It is a very specious, false argument that Mr Stevenson is putting to the Assembly. It is quite apparent that there will be many occasions when the commissioner will wish his staff to investigate and will wish to authorise them to initiate inquiries. I give as a
Next page . . . . Previous page . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .