Page 1961 - Week 07 - Wednesday, 16 June 1993
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MS SZUTY (5.46): Madam Speaker, I would like to state that I raised the issue of the import of subclause 15(11) during a departmental briefing on the Commissioner for the Environment Bill. I understood that the stated intention of the subclause was to allow the Minister to consult with the commissioner before the commissioner formed a final opinion on matters under investigation, and I have no doubt that that intention was real. However, my reading of the Bill was that the Minister could request that the commissioner consult with him before forming a final opinion on matters contained in subclauses 17(1) and (2), which deal with power to obtain information and documents.
To me, this indicated that the Minister could become involved in the process of investigation by the commissioner far earlier than the Minister can become involved in investigations by the ombudsman. In fact this Bill is modelled fairly closely on the Ombudsman Act. Under that Act the Minister can request that the ombudsman consult with him before forming a final opinion, but - and here is the difference as I saw it - this related to the division concerned with reports after the investigation stage had been completed. Although there was an opinion expressed to me that the intent of similar provisions in the Commissioner for the Environment Bill would mean that the two would work in the same fashion, I found it difficult to reconcile the differences. I was not, however, prepared to delay the passage of this important piece of legislation and possibly would have looked at further refinements in the future.
The Government has now decided that the Bill will be able to function well without this subclause and, on balance, I think this is a good result. The commissioner already has the power to discuss any matter in relation to the investigation with a Minister concerned with the matter under subclause 15(10), the preceding subclause, and I feel that this places the emphasis in the correct light. The commissioner should be able to approach the Minister for any information or to discuss an issue he feels is relevant. I see no need for further powers to allow the Minister to compel consultation from the commissioner at any stage of the process. I am sure that any request by the Minister for discussion of the issues the commissioner is investigating will be treated with due courtesy, and I am sure that a cooperative approach would be the norm. Madam Speaker, I am pleased to support this amendment to the Commissioner for the Environment Bill, and to support the Bill totally, as it will create such a positive and progressive office. The ACT is renowned for the high quality of its environment, and the office of Commissioner for the Environment, with its powers to investigate government agency actions which could damage that good record, will ensure that future generations of Canberrans and visitors to the national capital will enjoy a clean and enjoyable environment.
MR WOOD (Minister for Education and Training, Minister for the Arts and Minister for the Environment, Land and Planning) (5.49): I thank Ms Szuty for her comments. I think this is such an important Bill that I have to express a disappointment. We should debate this for two or three more hours to indicate fully how important it all is. I do not think the brevity of the debate should be seen as anything but the willingness of the Assembly rapidly to get this up and running.
Amendment agreed to.
Bill, as a whole, as amended, agreed to.
Bill, as amended, agreed to.
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