Page 2921 - Week 10 - Wednesday, 14 September 1994
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Most importantly, it will allow members of the community to know what they have a right to expect in consultation matters. The draft protocol will assist our own government agencies, of course, to assess when to consult the community. Under the protocol, ACT government agencies would be required to consult if an issue or a change is likely to directly and significantly affect a large number of people. But, if only a small number of people were likely to be affected, then negotiations with individuals or small groups may be a preferable course to adopt. ACT government agencies would also be required to consult where a proposal significantly affects the rights or entitlements of ACT citizens or where there is an issue about which a significant number of people or particular groups in our community are likely to have strong views. An example of this, quite obviously, is environmental issues.
Where a decision has been made to consult, the draft protocol provides guidance to government agencies about whom to consult, and in any consultation those who have a significant interest in an outcome should have access to the process. While emphasis should be placed on consulting those people or organisations in the community directly affected by decisions, it may also be necessary to consult those affected indirectly. Of course, not all decisions made by governments affect every citizen, and for this reason the draft protocol requires agencies to identify the appropriate part of the community with which to consult. I believe that that will maximise the effectiveness of the consultation process.
It is realistic, Mr Deputy Speaker, to expect that consultations may vary from a situation where a limited number of groups or people are approached to a situation where the opportunity to make a contribution is given to the widest range of interests possible. Where community groups with special needs or concerns are being consulted, the draft protocol suggests that it may be appropriate to first seek advice from one of my advisory councils or a relevant peak organisation. The draft protocol also encourages the use of existing community consultation structures such as peak bodies and regional forums and outlines the appropriate circumstances where a purpose built consultative structure might need to be established.
An important feature of the draft is the guidance that it provides to agencies in the area of timeframes for consultation. Obviously, that varies where issues are complex or contentious or relatively straightforward, but we are proposing that a process for a complex consultation should occur in two stages. The first stage is to be relatively open-ended. This would allow people to express their views on an issue generally and it could then be followed by consultation on a more specific proposal, which takes into account the views expressed during the first stage.
Another important feature of the draft is that it requires ACT government agencies to take into account any special needs of people who have an interest in the process. For example, meeting venues should be accessible to people with a disability and accessible by public transport. The timing of consultation should also respect the needs of those who will be involved. Government agencies are being asked to provide commonsense information about each consultation. This includes the name of the agency or the Minister undertaking the consultation; the method of consultation being employed; the assistance available to participants; the name of the final decision maker; and the anticipated timeframe for decisions and their implementation.
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