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Legislative Assembly for the ACT: 1998 Week 4 Hansard (24 June) . . Page.. 935 ..

MS CARNELL (continuing):

That must be done by the Executive. It is the only way that something can be resourced outside current Assembly budgets. So, on that basis, I am suggesting that I bring forward a report to the Assembly. We will consult the relevant Assembly committees with regard to the whole approach. At the end of the day, the only entity that can resource a council of this sort is the Government.

MR KAINE (5.58): Mr Speaker, I move the following amendment to Mrs Carnell's proposed amendment:

Line 1, omit the words "Chief Minister", substitute the following words "Standing Committee for the Chief Minister's Portfolio".

Mr Speaker, I understand that the Chief Minister has a different view about this matter from mine and that Mr Osborne and Mr Rugendyke have somehow been persuaded to her viewpoint. That being the case, there is a strong probability that my amendment will not get up. But I still think that I should speak to it and explain why I am moving it. Hopefully, Mrs Carnell herself and, certainly, Mr Osborne and Mr Rugendyke will be persuaded by the infallible logic of what I am going to say.

Mr Speaker, it seems to me that for the Chief Minister to take on this role in connection with this independent council is contradictory to part one of Mr Osborne's motion. Mr Osborne is proposing the establishment of an independent council, the purpose of which is to make recommendations to the Assembly - not to the Executive, but to the Assembly. That being so, the constitution of this council, its terms of reference, its roles, how it operates and how it is resourced should be defined, not by the Chief Minister, not by the Executive, but by the body to which this council is going to be responsible; that is, the Assembly.

Ms Carnell: You cannot resource it, though.

MR KAINE: The Chief Minister says, rightly, that the only body that can resource such a council is the Executive. That is true. But it does not follow from that proposition that the Executive must determine the composition, the role, the terms of reference and the like of this council. If they are convinced - and the Chief Minister seems to be - that such a council would be beneficial, not only to the Assembly but also to the Executive, then the Chief Minister and her officers will have the opportunity to put their position to the standing committee that I have nominated as the body that should make these determinations. They can put to the Standing Committee for the Chief Minister's Portfolio their views about how the council should be constituted, what its membership should be in general terms.

In fact, under clause (2) of Mr Osborne's motion, in terms of the possible appointees to the council, they are already obliged to consult this committee. They can consult equally on the composition, the form, the role and the terms of reference. They can indicate to the standing committee at the time that those discussions are taking place the extent to which they are prepared to fund such an organisation - the resourcing that they are

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