Page 2285 - Week 09 - Tuesday, 15 September 1992
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It still raises the question of whether the ACT, in the long term, should have that position - not merely because it clears up the role and the nature of each of the ministries in the ACT, of each person who holds a ministry, but also for political reasons; because it provides, I would argue, Madam Speaker, a pressure valve when certain political crises might from time to time beset the Territory. I think for that reason that we should not consider that this question of what the constitutional arrangements are for the ACT is closed. Indeed, I think that issue will come up again at some point and we should at that point, if not sooner, consider what the appropriate arrangements should be.
I am also reminded that there was an interesting exchange in that case to which Ms Ellis and Mr Connolly referred. I thought I might read it into the record because it was quite interesting, Madam Speaker. His Honour asked, in the course of the judgment:
Is there an Attorney-General for the ACT?
The transcript then reads:
MR TAMBERLIN: There is, I understand. Yes, Mr Du - Mr - - -
HIS HONOUR: It is not Mr Duby.
MR TAMBERLIN: Mr Connolly I think is the Attorney-General.
His Honour, who I thought should have known better, said:
Well, he calls himself that, but is he really an Attorney-General?
The transcript continues:
MR TAMBERLIN: Well - - -
HIS HONOUR: Attorney-General to whom?
MR TAMBERLIN: - - - one would assume prima facie on the principle of regularity that he is an Attorney-General - - -
HIS HONOUR: Well, I do not make that assumption in the Territory ...
So, as you can see, Madam Speaker, there is a real need for this Bill, to make sure that we really do have an Attorney-General for the ACT - once and for all, settled beyond doubt and beyond question.
MADAM SPEAKER: Really, Mr Humphries, I indulged you, because I think by default the Assembly gave you leave to speak. Just for members to get this absolutely clear, when we dispense with the detail stage, which enables the putting of the question, we then have to move right to the question. It is my error. By default the Assembly has given you leave.
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