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Legislative Assembly for the ACT: 1996 Week 8 Hansard (27 June) . . Page.. 2370 ..

MR SPEAKER: Just explain it to me, Mr Berry. This is an amendment in Mr Moore's name, but you are moving it? Is that the one?

MR BERRY: Yes. I move:

Page 7, line 22, clause 14, proposed subclauses (3) and (4), after subclause (2) insert the following subclauses:

"(3) A direction shall be in writing.

"(4) A copy of a direction shall be laid before the Legislative Assembly within 3 sitting days after the direction was given.".

Mr Speaker, this is the sort of amendment that should strike fear into the hearts of Government members.

Ms Tucker: Which one is he moving?

Ms Horodny: This is Michael's.

MR BERRY: I better cross out Michael's name and write "Wayne". One half of the dreaded duo over there is supporting Labor in a motion which requires the Government to deliver on its mandate of openness and frankness and all those sorts of things. This is about requiring Ministers - or the Minister, in this case - to table directions in this place within three sitting days of the direction being given, pursuant to the relevant section of the legislation. Mr Speaker, I think it is a pretty important amendment. It struck me, when I had a look at the legislation, that there were some areas where secret deals could occur. Mrs Carnell may have inadvertently - I know that she would not do it deliberately, or not if she thought she would not get away with it - misled the Assembly in relation to the board. She said that the board had only - - -

Mrs Carnell: Wayne, just sit down. We support it.

MR BERRY: No. These matters have to be put on the record. Mrs Carnell tried to make the point earlier that there was only one line, and it was straight to the Minister from the board. I wish that she had had a little read of the Act before she made that claim, because the functions and powers of the board are very clear: The board shall control the affairs of the service. It is very clear that there is a strong communication between that level of bureaucracy and the next level of bureaucracy - the Health and Community Care Service. The legislation also provides for the Minister to give directions and, in a not uncommon provision which exists in other places, the amendment seeks to require the Minister to table within three sitting days any directions which are given to the board. I think that will assist the Government, although Government members may not have at first welcomed it; in fact, they seem to have resisted their election promise for openness up to this point. I am happy to have been able to assist them in the delivery of just a wee part of the promises that they made to the Canberra electorate.

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