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Legislative Assembly for the ACT: 2002 Week 13 Hansard (19 November) . . Page.. 3734 ..

MR SPEAKER: No, it is not hypothetical. I read in the paper, this morning, that the senator has said she is going to resign-it is just a question of when. I think it is appropriate for the Chief Minister to answer the question.

MR STANHOPE: Mr Speaker, I am amazed at the sensitivity of Mrs Dunne and others around this pretend question. They are incredibly fragile, and displaying precisely what Mr Hargreaves referred to-an ignorance of the processes, an ignorance of the fact that I, as Chief Minister, have a statutory function in relation to the replacement of a senator in the ACT.

In relation to this issue, at the outset, I want to acknowledge, on the record the significant role that Senator Reid has played in the public life of the ACT over a very long time. I am aware that Senator Reid is regarded with significant affection in the hearts of Canberrans for the role she has played and the way in which she has conducted herself in that role-I acknowledge that.

I think we will all be aware, Mr Speaker-despite the sensitivity and fragility of the response-that there is now a race on to fill the impending vacancy. The response I am giving you now is directed to each of the six-I think-potential candidates. At least we have three wilting violets-but I believe that is just a tactic. Mr Cornwell could come flying off the blocks at any stage. Mr Stefaniak has a little bit of a lead there-and "Senator Pratt" has a bit of an edge to it. That sounds all right-"Senator Pratt". It rolls nicely off the tongue.

Mr Cornwell: I am too old, Chief Minister. Even if I were your age, I would not do it.

MR STANHOPE: I think you need to know. I believe it is important that I answer this question. I am sure you are all interested in exactly how it is going to pan out-how it is going to work.

Mr Humphries: Tell us all about it!

MR STANHOPE: It is section 45. I am sure you knew that, Mr Humphries. He is a sly devil. He would have looked up the law; he would have worked it out; he would have been looking for the edge. Section 44 of the Commonwealth Electoral Act stipulates that, if a casual vacancy arises-and none of us are in any doubt that it will-the Assembly shall choose a replacement.

The act is silent on exactly what process the Assembly will adopt in relation to that. It has never happened before, since the making of this provision, so I am not sure that there are any conventions which apply. It is interesting that we have a new provision here-there are no precedents.

If there are no precedents, can there be a convention around this matter? How is the Assembly going to determine this issue? What if we get, say, six nominees from within the Assembly itself-or perhaps even seven?

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