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Legislative Assembly for the ACT: 1997 Week 13 Hansard (3 December) . . Page.. 4455 ..

Ms Horodny: But what about where you agree the department has made a mistake?

MR HUMPHRIES: I admit they made a mistake. I concede they made a mistake, but they also made a decision. We are entitled to have a system which delivers on decisions at various points in the process. A long process preceded that decision, but the decision was made. As I say, I think PALM should have gone back to the applicant and said, "What do you think about this proposal?". He may have said, "I do not like it". They may have said, "Notwithstanding that, we are going to make this decision". That would not have altered the fact that the decision would have been made and, it having been made, I think the appropriate body to review it is the Administrative Appeals Tribunal, not the Minister.

There are many decisions which get pushed up the line to the Commissioner for Land and Planning or, further still, up to the Minister, and in that case the court of review is this body, the Legislative Assembly. That is an exceptional class of matters, though. The vast majority of matters are at that bottom end of the scale where we are looking at decisions made by PALM every day of the week in hundreds of different matters, and it would be unwise, I think, if we were to make a Minister a court of appeal for those sorts of decisions. If I am asked about the matter, of course, I express a view about it and suggest to PALM what they should consider doing. But if a decision has been considered and made, I think that is the appropriate course of action; and, of course, that is what the law says. If members want to change that, of course, it is open for them to do that.

MR WOOD: My question is to Mr Humphries. Minister, earlier today you were asked about your promised legislation to stop Government-sponsored election advertising. I will repeat what your promise was. You promised:

Under our plan advertising featuring photos, statements and/or signatures of politicians paid for by ACT Government departments or agencies will not be permitted during the late life of the Parliament.

Minister, if your statement is correct, as this regulation predates the advertising material we have been looking at and we are in the late life of the parliament, with the election less than 21/2 months away, have you committed a breach of the Electoral Act by the publication of your photograph?

MR HUMPHRIES: Mr Speaker, let me say, first of all, that I have not committed a breach because I did not publish that photograph. It was published by the - - -

Mr Wood: I did not say that you did.

MR HUMPHRIES: If members would like to calm down and listen to me, I will explain what has happened.

Mr Wood: Has there been a breach?

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