Page 2379 - Week 08 - Wednesday, 22 June 1994
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The clerk is the servant of the Speaker and, through her, of the Legislative Assembly - one of the arms of government, the legislature. It is appropriate for him or her to be the servant of that body, and there may be situations where there would be conflict were he or she to be taking directions from the Executive.
Mr Lamont: You have convinced us.
MR HUMPHRIES: Fine. I will sit down then.
Amendment agreed to.
Clause, as amended, agreed to.
Clause 50
MS FOLLETT (Chief Minister and Treasurer) (5.05), by leave: Madam Speaker, I move together amendments Nos 10 and 11:
10. Page 25, line 22, after subclause (4), insert the following subclause:
"(4A) If within 3 sitting days of the Assembly after the day on which the statement is laid before it, the Assembly -
(a) by resolution declares that the Clerk should not be removed from office; or
(b) rejects a motion for a resolution to declare that the Clerk should be removed from office;
the suspension terminates.".
11. Page 25, line 25, subclause (5), omit "such a resolution", substitute "a resolution declaring that the Clerk should be removed from office".
Madam Speaker, I am proposing to amend clause 50 to overcome what is a technical oversight in relation to the suspension of the clerk. My proposal is to insert a new subclause 50(4A) and to amend subclause 50(5) to provide for the suspension of the Clerk of the Assembly to terminate on the Assembly negating a resolution for removal. Under the existing subclause 50(5), if the Assembly negatives a resolution to remove the clerk during the three sitting days' suspension, there is no provision for the suspension to terminate.
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