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Legislative Assembly for the ACT: 2004 Week 01 Hansard (Tuesday, 10 February 2004) . . Page.. 17 ..


that was made by Mrs Dunne. She was honest when she told the committee about the circumstances behind the production of the flyer.

Mr Smyth criticised my reference to an overlap when I was actually referring to an overlay. I referred to two issues—to the inquiry and to the parliamentary process, which I believe has been aggrieved. That was my reason for moving this motion. All members of this Assembly would have experienced difficulties as a result of wearing three hats. We were elected to this place because people believed we had the ability to represent them. We have all experienced problems in the performance of our role. If some members are experiencing difficulties perhaps, as Mrs Cross said earlier, they should review their roles.

I offer sympathy to any members of the shadow ministry who have to sit on committees that deal with issues relating to their portfolios. Ms Tucker referred earlier to stepping over the line. Many of us have accidentally gone close to that line, but we have stepped back. However, some of us have made mistakes. As Ms Tucker said earlier, in this case someone has stepped over that line. Mr Smyth made much of my reference to members’ intentions. Mrs Dunne, in her defence, referred to her intentions. I direct members to page 706 of House of Representatives Practice, which states:

…any act or omission which obstructs or impedes…any Member or officer—

in this case we are talking about committees—

in the discharge of his duty, or which has a tendency, directly or indirectly, to produce such results…

The document then states:

Conduct (including the use of words) does not constitute an offence against a House unless it amounts, or is intended or likely to amount, to an improper interference with the free exercise by a House or committee of its authority or functions…

People’s intentions are not particularly relevant other than to highlight the serious nature of this issue. I have referred to the facts of this matter, but we need also to take into account its timing. On 21 October 2003 the Assembly resolved that an inquiry should be conducted and that inquiry had 12 December as its closing date. The flyer was issued in late November. If it had been issued prior to 21 October, we would not be talking about this matter today. However, it was issued right in the middle of the committee’s inquiry. The flyer exhorts people to achieve certain results of which Mrs Dunne admitted she has been a champion for some time. Just as an aside, Mrs Dunne said that 3,000 petitions had been presented in relation to this matter. I do not know where 1,400 of those 3,000 petitions are as only 1,661 have been received.

Mrs Dunne: They were tabled previously.

MR HARGREAVES: Mrs Dunne said by way of interjection that those additional 1,400 petitions were tabled previously, which I accept. Mr Quinlan made a valid point when he contributed earlier to debate. People who are champions of such issues can be asked to submit their views. However, it is unacceptable for the chair of a committee to submit in writing a view that coincides with her own. Mrs Dunne said that this flyer was issued in


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