Page 6247 - Week 19 - Tuesday, 17 December 1991
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Mr Connolly: On a point of order: Could you refer me to the clauses of the Bill before the house that refer to the powers of the Auditor-General?
MR SPEAKER: No, I do not want to go into that debate now, thank you, Mr Connolly.
MR COLLAERY: Do not question his ruling on the last day. I heard an interjection from the gallery saying that it is my last day. I will remember that - until my next year.
Mrs Grassby: From your office in Manuka.
MR COLLAERY: From my office in Manuka perhaps, but we will see. Mr Speaker, I move:
Page 1, line 6, after clause 2, insert the following clause:
Insertion
"2A. After section 23 of the Principal Act the following section is inserted in Division 3 of Part II:
Freedom from ministerial direction
'23A. In the exercise of powers or the performance of functions under this Act or the regulations, the Auditor-General is not subject to direction by the Executive or any Minister.'".
The amendment seeks to make expressly clear that which may not be that apparent, because, as my inquiries show, while the position of Auditor-General is such that he or she is appointed, suspended and removed from office expressly within the powers of the Executive, the enumerated powers and functions of the Auditor-General do not appear to be qualified by any express reference to the authority of the Executive, as you will see if you look through the Act.
This may help to clarify a long-running issue. This may help to clarify the situation of the next government in the Territory. I need only go to the foreword of the Auditor-General's report No. 11 to make my point clear. I will read into the record what he said in his foreword. He said:
There has been some debate as to whether the post of ACT Auditor-General (and me personally) had been singled out for special (adverse) treatment by the Government. The Chief Minister told the Assembly that such was not the case (I disagree).
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