Page 622 - Week 03 - Tuesday, 12 April 1994
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So Mr Berry did give an approval, as he puts it, in respect of section 7(1)(d). He admits that. That is under a section headed "Functions". Section 9(1) says:
The Minister may, by instrument, give directions to the Board in relation to the exercise of its powers or the performance of its functions.
Mr Connolly: He can direct if he so chooses, but he did not. He signed an approval.
MR HUMPHRIES: Clearly, therefore, he was giving a direction to the board. He was saying that this contract should be entered into. He was not just saying, "Hey, I think it is a good idea, but you decide".
Mr Connolly: No. The board came to him and said, "Can we approve the contract?", and he said, "Yes".
MR HUMPHRIES: Was the Minister saying, "You people decide"? No, he was not. He was saying that this contract should be entered into. That is what he was saying. He was giving a direction. That matter seems to me to be extremely clear. I would like the Government to give us some legal advice about the matter if they think that there is some different interpretation.
Madam Speaker, the final point I want to make is that this Minister emphasised very strongly in the course of the debate that we held about the decorporatisation of ACTTAB that he was gathering unto himself the power - - -
Mr Berry: No; I do not use those words. I never did.
MR HUMPHRIES: That was the import of what you were saying.
Mr Berry: That is a bit of the old web of deception, Gary.
MR HUMPHRIES: Mr Berry, Madam Speaker, can be forgiven for feeling a bit testy tonight, but that is the import of what he said. He made it clear that he was giving himself the power to make decisions. He was giving himself more control, more accountability, over the functions of ACTTAB. He cannot defer responsibility for this matter to somebody else. He took an interest in the matter, he was briefed on the matter, and he followed the course of the matter on the floor of the Assembly.
Mr Kaine: He issued a direction on the matter.
MR HUMPHRIES: He issued a direction on the matter. He answered questions, or tried to answer questions or partly answered questions on this matter. He made statements on this matter. He made speeches on this matter. He issued press releases on this matter. He was deeply involved. To the extent that he had an opportunity to know what was going on about ACTTAB, it should have been the area of greatest familiarity of
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