Page 3351 - Week 13 - Tuesday, 24 November 1992
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The main function of the legislation is to facilitate the creation of the Electoral Commission of the ACT. Earlier this year I had argued for the contracting of the services of the Australian Electoral Commission rather than the establishment of an ACT Electoral Commission. I now concede that the proposed arrangements are more appropriate, given firstly that contractual arrangements are not allowed under the terms of the AEC's own legislation. I also recognise that the ACT would not want to wait upon the Federal Government's pleasure while it changes the Australian Electoral Commission legislation to allow the AEC to have a role in ACT electoral matters that it does not have anywhere else in Australia.
What this Bill does establish is an ACT Electoral Commission which will be responsible to the ACT parliament. This is a desirable outcome as it prevents any perception of conflict of interest which may have arisen from the AEC carrying out electoral responsibilities for the ACT. Furthermore, the Joint Standing Committee on Electoral Matters acknowledges the existence of State electoral commissions elsewhere.
In establishing the ACT Electoral Commission, this Bill also sets out a procedure for the determination of electoral boundaries by the Redistribution Committee. I welcome this initiative as it ensures that the Canberra community has every opportunity to participate in an extensive consultation process. During the matter of public importance debate in May I spoke about Weston Creek and drew attention to my belief that electoral boundaries should not divide a well-identified community such as this into separate electorates. I have every confidence that, although the task before the Redistribution Committee will be a difficult one in achieving in three electorates a balance that reflects the needs of the electors, the independent process we have put into place with this Bill will achieve the desired result.
Whom do we trust with this task? Under the terms of this Bill the chairpersonship of the Electoral Commission will be vested in a member of the judiciary, a senior public servant, or a member of another electoral commission. The expertise demanded of this position is high and community confidence will be important to retain throughout the process. The other members of the three-person Electoral Commission team are the commissioner and one other member, all part-time positions. The commissioner is probably the highest profile position of the three, given that person's dual role as a member of the Electoral Commission and as the chair of the Redistribution Committee. It is important that the ACT community sees these positions as being beyond reproach and I therefore welcome the amendments foreshadowed by my colleague Mr Moore, which make the appointment of both the Electoral Commissioner and the chairperson disallowable by this Assembly. I believe that these amendments and those proposed by Mr Humphries will, if agreed to, strengthen the legislation.
Madam Speaker, I would like to conclude by returning again to the process that has brought this legislation from the Chief Minister's tabling speech to today's debate. I have found the approach taken, of open discussion of the Bill by the Government with me and fellow members of this Assembly, to be very helpful and refreshing. I personally hope that the process will provide a benchmark for future discussion of important pieces of legislation. I also feel that, as well as the
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