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Legislative Assembly for the ACT: 1997 Week 10 Hansard (25 September) . . Page.. 3328 ..

MR BERRY (continuing):

Mrs Carnell came in here and said, "It was the only form I could use to get before the Industrial Relations Commission". You have misled us again. There is another form, an application for a common rule, which you could have used to get before the Industrial Relations Commission. I would be surprised if the Industrial Relations Commission would not hear you if you proceeded to appear in the public interest. The Industrial Relations Commission probably said to you, if my recollection of how they operate is correct, that you have to decide whether you oppose or support this common rule. You can make an application for a common rule declaration. That is usually done by the unions or the representatives of the workers.

There are two choices for those who either support or oppose. One is an application for a common rule and one is a notice of appearance to object. This Government put in a notice of appearance to object to the common rule and told us that they had not. If the crossbenches think that is satisfactory behaviour, you can forget having honesty in this place ever again. If you allow this to happen this time, it will be done over and over again. You know as well as many others know that that is the sort of treatment we get from this Chief Minister. She deserves to be censured on this issue.

I do not think that this should result in somebody losing their ministry. It is the second time for Mrs Carnell. Mr Kaine is not in the habit of misleading this Assembly. That is not his style. I suspect that he has taken advice in relation to the matter, and he would not have known of the form that was filled in by the person acting on behalf of the Chief Minister, I suspect. Mr Kaine, I would be wary about anything you are told by Mrs Carnell's department in the future, because it may not be as it seems. This is very clearly an application which opposes. I hear the Chief Minister saying that she is going to change it, but I think it will set a new pattern for this Assembly if a clear and blatant mislead of this Assembly is allowed to pass without censure. This is a clear and blatant mislead of the Assembly.

Question put:

That the motion (Mr Berry's) be agreed to.

The Assembly voted -

AYES, 5 NOES, 9 Mr Berry Mrs Carnell Ms McRae Mr Cornwell Ms Reilly Mr Humphries Mr Whitecross Mr Kaine Mr Wood Mrs Littlewood Mr Moore Mr Osborne Mr Stefaniak Ms Tucker Question so resolved in the negative.

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