Page 5301 - Week 16 - Thursday, 28 November 1991
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MR COLLAERY: She confirms by interjection that that is her business. Mr Speaker, this house will rise in three weeks. The appointment is to be for seven years and is a most important Executive appointment. The position should be fully advertised nationally over an adequate period. We all agreed on this for the Territory Chief Planner appointment.
It is my very strong view that there is now inadequate time available before the Assembly rises on 17 December for there to be proper advertising, selection and consultation with party leaders in the Assembly, in accordance with the normal convention. Of course, the convention that there shall be no appointments following the rising of this house will be observed by the minority Follett Government because we would simply recall the Assembly, I am sure, were any of the important Westminster conventions to be breached in any way.
The upshot of my amendment is that the Chief Minister can indeed get all the functions of the commissioner going under clause 113 in the same way as the Chief Planner functions are performed by an Acting Chief Planner. Clause 113, under paragraph (1)(a) provides:
during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office) ...
It is clearly anticipated that the discrimination office need not necessarily commence operations with a permanent appointee. In effect, my amendment will require that convention be observed - that is, that this important seven-year post be fully advertised, that there be adequate consultation and that appointment be secured on merit and by open process. That clearly cannot be done over the next three weeks.
The Chief Minister has committed herself to a similar process for the appointment of a new Auditor-General. That process should be followed for the appointment of the commissioner. The amendment seeks to delay the commencement of the legislation until the next Chief Minister is able to appoint Ministers and, in effect, has an Executive available for the appointment of the commissioner pursuant to section 108.
MS FOLLETT (Chief Minister and Treasurer) (6.16): Mr Speaker, the Government will be opposing Mr Collaery's amendment because it really is a most unwarranted intrusion into the business of the Government. It is the right of the Executive, a right given by this very legislation, to appoint a commissioner. Mr Speaker, when I said to Mr Collaery that it was our business, I meant just that - it is our business. The fact is that the Government has not given consideration to this matter. I really do not
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