Page 3425 - Week 11 - Wednesday, 13 October 1993
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Legal Aid Commission
MR MOORE: Madam Speaker, my question is directed to Mr Connolly as Attorney-General. Minister, have you any intention for the Legal Aid Commission to become part of the ACT public service on its transition, or is it the intention that it remain a statutory body?
MR CONNOLLY: Madam Speaker, the Legal Aid Commission will retain its full independence when we go through the process of establishing an ACT Government Service. There is still some policy debate as to whether in maintaining their statutory independence it is necessary to have a separate statutory basis of employment for lawyers who work for the Legal Aid Commission, which will remain a statutory body. The Legal Aid Commission will remain a creature of statute. Whether it necessarily has to have an employment provision in its Act is a matter for some discussion. At the moment, as the Chief Minister has made clear in her proposals for a separate service, we have as many as 20 separate statutory bases of employment in the ACT. In my portfolio I have people employed under the Fire Service Act, the Electricity Act and the Legal Aid Commission Act. I can see real advantages in having a single basis for employment so that everyone has the same statutory basis of employment.
The key thing is that lawyers who work in the Legal Aid Commission must have statutory professional independence so that the Government which prosecutes cannot also be seen to be directing the legal aid lawyer who defends. Equally, the Director of Public Prosecutions' professionals, while they are employed under the general public service, need that statutory independence so that, again, the Government cannot be seen to be directing their professional activities. At the moment the question of employment type is still working its way through the policy making process, but our thinking is, as the Chief Minister has made clear, that we want to bring the 20 or more separate bases of statutory employment into one basis of employment. The key issue that I am sure you would be concerned about is that the legal aid lawyers have to have a statutory form of independence. It is certainly the Government's intention to maintain and entrench that statutory form of independence.
Ms Follett: I ask that further questions be placed on the notice paper, Madam Speaker.
PAPERS
MR BERRY (Deputy Chief Minister): For the information of members, I present the Department of Health Annual Report 1992-93 - Volumes 1 and 2, pursuant to section 34 of the Health (Consequential Provisions) Act 1993, including the financial statements and the Auditor-General's report, together with a number of reports from various health boards and councils; the Public Trustee for the Australian Capital Territory Annual Report 1992-93, including financial statements and the Auditor-General's report; and the Construction Industry Long Service Leave Board Annual Report 1992-93, including financial statements and the Auditor-General's report.
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