Page 3377 - Week 13 - Tuesday, 24 November 1992

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The process we are outlining in these amendments is as follows: The Government, rather than terminate an appointment, suspends a commissioner from duty. The commissioner then will be suspended for a period during which the Chief Minister will present on the floor of the Assembly a statement of the reasons for the suspension. The Government will then bring forward, presumably, a motion to terminate the appointment, based on that statement, and the Assembly as a whole will have the chance to debate it. If the Assembly feels that the termination is political rather than based on misbehaviour, then it has the option of refusing to accede to the motion.

Madam Speaker, this is designed again to strengthen that process of protecting the independence and integrity of the commissioner's role; of providing that that person can act without fear or favour and ensure that his or her decisions are made in a fearless way. This provision is picked up, from memory, from the Victorian legislation - again from the Labor Government in Victoria - which provides for some protection for those who perform the role of Electoral Commissioner.

MR MOORE (9.20): Madam Speaker, in rising to support this motion it occurs to me that the corollary of Mr Humphries's statement, "I can be honest now that I am not in government" is, "If I go back into government I can be less than honest". I just wanted to make sure that it got into Hansard. That is the corollary. But do not worry; it will not happen too soon, Gary.

Mr Stevenson: That is not the corollary.

MR MOORE: Mr Stevenson interjects that that is not the corollary. I will be interested to hear him speak and tell us what he thinks the corollary is.

Madam Speaker, I think that Mr Humphries has presented very sensible amendments that allow the Assembly to scrutinise an attempt to remove this particular person in much the same way as disallowance allows the scrutiny of an appointment. I think it is a very sensible proposition.

MR STEVENSON (9.21): Mr Humphries's statement, "I am honest now that I am out of government" does not refer to the future. It may be said to be referring to the past. I commend Mr Gary Humphries for being honest about it.

MS FOLLETT (Chief Minister and Treasurer) (9.22): Madam Speaker, the Government will not be opposing these amendments moved by Mr Humphries. They are entirely consistent with the previous amendment which brought to this Assembly the question of appointments to the Electoral Commission. The amendments now before us bring back to this Assembly the question of termination or suspension of members of the commission. This is entirely consistent and does not trouble us.

Amendments agreed to.

Clause, as amended, agreed to.


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