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Legislative Assembly for the ACT: 2001 Week 9 Hansard (22 August) . . Page.. 3209 ..
MR OSBORNE (continuing):
The Committee sees the introduction of a code as an opportunity to make a public statement acknowledging and reiterating the obligations and conduct expected of elected representatives of the people.
What type of Code?
Codes of conduct would appear to fall into two primary categories aspirational and prescriptive.The aspirational model is one that sets a number of values and ideals that should be aspired to.
The prescriptive model is one that seeks to control through a definitive set of rules.
Codes developed in other Australian jurisdictions have been predominantly aspirational.
The Committee considered that a code should set a benchmark by which both members and the community can assess the behaviour of their elected representatives.
The Committee believes that a brief statement of ideals is more likely to achieve that goal than a complex document that attempts to codify acceptable behavior.
Consequently the Committee has recommended the adoption of an aspirational code.
How should the Code be institutionalised?
The Committee is concerned that a code set in legislation could lead to a weakening of the separation of powers and open the way for litigation and a delay of proceedings in the courts on points of procedure and interpretation.Further, the Committee believes that if a code is administered externally to the Assembly, Members would be separated from its introduction and ongoing amendment.
The Committee believes that a code should remain within the ownership of the members and should be administered by the Assembly.
The Committee recommends that a code should be part of standing orders (as in the House of Assembly, Tasmania) or established under a resolution of the House (as in both Houses of the New South Wales Parliament).
How should the Code be enforced?
The Committee is of the firm belief that those that work outside of Parliament do not fully appreciate the unique problems that Members face in the conduct of their duties.
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