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Legislative Assembly for the ACT: 1997 Week 4 Hansard (6 May) . . Page.. 985 ..

Question put:

That this Bill be agreed to in principle.

The Assembly voted -

	AYES, 9		 NOES, 8

	Mrs Carnell	Mr Berry
	Mr Cornwell	Mr Corbell
	Mr Hird		Ms Horodny
	Mr Humphries	Ms McRae
	Mr Kaine	Ms Reilly
	Mrs Littlewood	Ms Tucker
	Mr Moore	Mr Whitecross
	Mr Osborne	Mr Wood
	Mr Stefaniak

Bill agreed to in principle.

Bill, by leave, taken as a whole

MR BERRY (11.56): Mr Speaker, there is something that needs to be addressed in the context of the debate and which has not been addressed. The position this legislation relates to is a statutory position under a piece of legislation in the Territory. He or she holds down a position under a law in the Territory in which the duties are set out. For example, the powers of the director are set out in much broader detail than applies generally to public servants as a whole. The director has a set of conditions that are suited to the CIT function he performs. On the other side of the coin, the fire chief has a similar sort of arrangement in relation to the Fire Brigade (Administration) Act or the Fire Brigade Act.

If it were the case that there were no contracts already in place of, if you like, performance dictates, you might have an ideological argument consistent with the view you have put in relation to public servants generally, but this is quite different because the director is a statutory appointment. You cannot have the same sort of contract for this director as you would have for public servants. His performance is set out very clearly in the legislation, and it has been very dishonest that the Government has not raised this in the context of the debate. This is an entirely different position. The functions of the director are set out very clearly in the legislation, as are the powers of the director in relation to the institute and the hotel school.

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