Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .

Legislative Assembly for the ACT: 1997 Week 8 Hansard (28 August) . . Page.. 2653 ..

MR HUMPHRIES (continuing):

It could be said to be the practice in other parliaments for governments of the day to offer assistance to their own members when they are facing litigation but generally not to offer assistance to other people, particularly those outside the government. We realise in this place that even if we wished to pursue such a policy, which we do not, we would be very hard pressed to do so in the face of the numbers in this Assembly. It is our view as a government that assistance should be provided in reasonable circumstances so that members of whatever political colour in this place should be able to access that assistance equally if they fall within the criteria which are laid down for all.

Ms Tucker: Are you talking about the official capacity definition?

MR HUMPHRIES: The official capacity definition to which Ms Tucker has just referred is a matter which is not very well amplified in the guidelines which the Government has already tabled. It says:

The Territory's general policy is to provide assistance to Ministers and members who defend legal proceedings which arise out of performance of official duties, and members will not be receiving assistance for proceedings they initiate.

The first part of that sentence is clearly ambiguous. It is not well defined and could be further defined. I invite Ms Tucker, or other members if they are interested, to put before the Assembly an - - -

Ms Tucker: I have accepted your position. It is fine.

MR HUMPHRIES: That is fine. If you wish to accept my position, that is fine. I am saying to you, though, that in this matter or future matters I am prepared to accept that the Assembly may have a different view to the one I have imposed, and, if members wish to catch certain cases that are not caught by the formulation I have put forward, then I invite them to put forward an alternative explanation of what "official duties" within those guidelines means, so as to make clear what is covered and what is not covered. If members are interested in doing that, the Government will respond to that and it will be debated on the floor of the Assembly. As always, as I said earlier this week, we are at the mercy of the Assembly in these matters. If the Assembly decides that certain criteria ought to be employed, then those criteria will be employed, and they will be applied uniformly and without regard to the persuasion of the member who might be making the application.

Mr Temporary Deputy Speaker, I have to reaffirm that my advice is such that I am not able to offer assistance to Ms Tucker in this matter. She indicated that she accepts my decision in that matter, but I indicate that this is a matter which we will need to return to if we wish to clarify the status of members generally in this or future matters.

Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . .