Page 2630 - Week 10 - Wednesday, 14 October 1992
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developing an electoral system for the Territory. Of necessity, the body responsible for the implementation and maintenance of this system should be responsible to the ACT parliament, not that of the Commonwealth or any other jurisdiction in Australia. This was acknowledged in the recent report by the Joint Standing Committee on Electoral Matters on the conduct of elections.
Also, it is not appropriate to legislate to allow the electoral function to be contracted out. Such an approach would give the government of the day enormous discretion as regards the hiring and firing of the contractor. That said, it is possible to establish an independent ACT body accountable to this Assembly. That is also economical. Mr Deputy Speaker, I believe that the Government's proposal achieves this result. In developing this Bill the Government has consulted with the Australian Electoral Commission and the Commonwealth Department of the Arts, Sport, the Environment and Territories. The comments received were supportive, and suggestions made by the Commonwealth commission have resulted in refinements of the process in light of Commonwealth experience.
This Bill is essentially in two parts. The first part establishes the Electoral Commission and the second part provides for the determination of electorates. The Electoral Commission will consist of three members - a chairperson, another member and an Electoral Commissioner. The chairperson will be either a current or retired judge, a retired Commonwealth departmental secretary, a retired head of an ACT department or a former member of an electoral authority of the Commonwealth, a State or a Territory.
At this stage the powers and functions of the commission will be limited to specific statutory powers and to reporting on electoral matters. The commission's role will expand with the completion of the substantive electoral legislation next year, which will see the full implementation of the referendum result. Some of the matters I envisage the commission being ultimately responsible for include a range of specific functions such as the development of electoral rolls and the conduct of elections, as well as broader research and educative functions. In light of the commission's initially limited role, it is envisaged that appointments to the commission will be part time.
The boundaries process established under this Bill is designed not only to be independent of the government of the day but also to allow the involvement of the community. An integral part of the boundaries process is the Redistribution Committee comprising the Electoral Commissioner, the Chief Planner, the Chief Surveyor and another member. The fourth member of the Redistribution Committee will be appointed by the Electoral Commission and will be a person with expertise relevant to the matters the Redistribution Committee is required to take into account in determining boundaries. I will set these out in a moment.
The Redistribution Committee will have to work within a particular legal framework. For example, the legislation provides for the ACT to be divided into three electorates, two of which will elect five members of the Assembly and one of which will elect seven members of the Assembly. Members will be aware that this framework was set out in the options description sheet given to voters prior to the referendum. Further, the Bill adopts the options description sheet suggestion that a redistribution occur within 12 months of a general election. This is over and above the requirement in the self-government Act that a redistribution must occur at least once every six years.
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