Page 5308 - Week 16 - Thursday, 28 November 1991

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opposite. I do not want to openly canvass what the Government's decision on this appointment might be, because we have not taken a decision. That is a fact. It is a matter that we need to discuss.

Mr Collaery: You said that you were going to open the office.

MS FOLLETT: Mr Collaery interjects that I am going to open the office. Yes, I am; and I will open the office regardless of what the Assembly's decision about the commissioner is, because I have an arrangement, as you know, with the Commonwealth Human Rights and Equal Opportunity Commission. They will be providing some staff; they will be providing some rent. I will be providing some staff; I will be providing an office. The office will open. I think it would be most unfortunate if it were to open without a commissioner. But it will open, whether there is one or not. I think members are going to have to live with that fact, as well - that the office will open regardless of your decision.

DR KINLOCH (6.37): I need something clarified. I take it that under clause 113 there could be an acting commissioner at any moment, and surely that is an excellent thing. Is that not a way to avoid this contentiousness - that there be an acting commissioner under clause 113?

MR KAINE (Leader of the Opposition) (6.37): Mr Speaker, I think that the point has been made. There is a concern as to Executive decisions that might be made in this period leading up to the campaign and to the election date; but I think the point has been made. I would suggest to Mr Collaery that, if we have reservations about that as a legislative body, it should be dealt with in a different way and not through the medium of making an amendment to a particular Bill like this. I think the Chief Minister is on notice that this is a matter that this Assembly considers to be sensitive and crucial. How she deals with that, I think, is for her to determine.

If the Chief Minister has now stated, quite clearly, that she does not believe that there are any conventions about caretaker governments that apply in this place, then we have to take that on notice and we have to consider what, if anything, we intend to do about it. It does not relate to only this issue; it could relate to any number of issues that could arise over the next three, four or five months. I submit to members that that is a matter which should be dealt with in another way, and it should be dealt with in its totality rather than in the context of one Bill and one particular matter. I believe that our point has been made and that we should consider what, if anything, we should do from today onwards.

MR JENSEN (6.39): I wonder whether the Chief Minister would be prepared to provide an undertaking to the members of this Assembly that she will consult with the leaders of the various parties within the Assembly - - -


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