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Legislative Assembly for the ACT: 1997 Week 4 Hansard (6 May) . . Page.. 986 ..

The termination of appointment provisions relate to those matters that were referred to by the Minister in his speech, but those performance requirements - that is, that he must not misbehave - are related back to the powers set out in the legislation. If those powers were misused or abused, disciplinary powers would be available to the Minister, one would think. Certainly, if the director did not carry out his functions, as set out in the legislation, there would be a responsibility on the shoulders of the Minister to take some sort of action in relation to that person. So it is entirely dishonest of the Government to treat this director in the same way as it has treated public servants. There are very good and sound reasons why these particular Public Sector Management Act provisions should not be applied to the director: He is already the subject of the provisions of a separate piece of legislation.

MR HUMPHRIES (Attorney-General) (11.59): Unfortunately, Mr Berry again has got the wrong end of the stick completely. Mr Berry fails to appreciate that there are a number of officers who are referred to in legislation and who have such executive contracts. As I have sat here listening to him, I can think of three. One is the Director of Public Prosecutions, whose position and powers and duties - I do not think duties is quite the right word - are defined in the legislation. I believe the same applies to the Director of the Legal Aid Commission. His position is also described in legislation, but he has a performance contract, I believe. I also believe, if my memory serves me correctly, that the Fire Commissioner, Mr Dance, has a similar contract. He also has, if you like, statutory obligations and statutory powers and statutory duties under that legislation. The Assembly has had this debate already. There are lots of analogies with what Mr Berry is now talking about, and I suggest he educate himself a bit better before he makes a fool of himself on the floor of the Assembly.

Bill, as a whole, agreed to.

Bill agreed to.

QUESTIONS WITHOUT NOTICE

MR WHITECROSS: My question is to Mrs Carnell in her capacity as Chief Minister. Chief Minister, I refer to your recent criticisms of your Federal colleagues over their treatment of Canberra.

Mrs Carnell: Which one?

MR WHITECROSS: All of them.

Mrs Carnell: I am on your side.

Ms McRae: Try "other members of the Liberal Party".

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