Page 5302 - Week 16 - Thursday, 28 November 1991
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consider it appropriate that the Assembly - or Mr Collaery - attempt to tie the Executive's hands in this way. It is most inappropriate. It is a most unfortunate precedent for Mr Collaery to attempt to set.
I want to make one other point. Mr Collaery has referred to the Westminster tradition on major appointments. I would like to say to Mr Collaery that our election processes in the ACT in general do not comply with the traditional Westminster arrangements. It is a fact that in other parliaments that kind of activity stops on the issuing of a writ for an election; but that does not apply in the ACT. The election times are set. The date of the next election has been known for at least three years and, quite frankly, the Government will be governing right up until, and after, the date of the election.
I do not see why Mr Collaery seeks to enshrine in legislation a provision that would hamper the Government in doing that. I think it is quite incorrect of him to attempt to do so. In technical terms, there is no cut-off date, as there would be under a traditional election arrangement, and that is just a fact of life. I think it is most regrettable that Mr Collaery should seek, in effect, to delay the operation of this Bill by some months. Why would you want to do it?
Mr Speaker, if the Assembly supports Mr Collaery's amendment, they are really saying that they do not believe that the Executive has any rights in this matter; that they do not believe that it is up to the Executive to consider appointments and to make appointments. They are really denying the commencement of this legislation. It is, I think, a very foolhardy step for them to take, if that is what they want to do.
It is my intention to bring this legislation into operation as quickly as possible. It has been urgent, in my view, for the whole life of this Assembly. It is my intention that the human rights office be opened in Civic next month.
Mr Duby: There is nothing stopping it.
MS FOLLETT: There is indeed, as Mr Duby says, nothing stopping me, and nothing will stop me from doing that. But I fail to see why Mr Collaery tries to make that course of action difficult. It is quite clear to me, Mr Speaker, that that is Mr Collaery's intention. He is seeking to deny the Executive a right which is given to it in this legislation. Members should think very carefully about that. I think it is very wrong indeed.
MR KAINE (Leader of the Opposition) (6.20): Mr Speaker, I am undecided on this issue, but I would have to say that Mr Collaery raises an important issue and the Chief Minister's speech in rebuttal does not make me feel any better about it. We are talking here about a seven-year appointment to a position which everybody agrees is a highly sensitive one
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