Page 3026 - Week 10 - Tuesday, 23 August 2005
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be a need to amend the related examples in clauses 34 (1) and 34 (3), which can be achieved by supporting amendments Nos 10 and 11.
MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs) (11.55): As Dr Foskey has indicated, amendment No 8 removes the legislative connection between the human rights commissioner and the discrimination commissioner. Similarly, amendments Nos 10 and 11 offer examples, in clauses 34 (1) and 34 (3) respectively, to make them consistent with the disjunction of the position of human rights commissioner from the position of discrimination commissioner.
As Dr Foskey has explained, these amendments change the current legislative position that has the discrimination commissioner always being the human rights commissioner as well. The effect of the amendments would be to allow separate appointments of these two roles, but would not prevent the same person being appointed to both statutory offices. This amendment is certainly consistent with other provisions in the bill. I think it is a point well made by Dr Foskey, and the government will support the amendment.
MR STEFANIAK (Ginninderra) (11.56): Because we have specific concerns with the whole concept, I have not been commenting much on this bill. But I do note there is at least some efficiency in terms of the discrimination commissioner being both the discrimination commissioner and the human rights commissioner. There is no harm in that being actually maintained by statute; so we oppose the amendment.
Amendment agreed to.
Clause 26, as amended, agreed to.
Clause 27.
DR FOSKEY (Molonglo) (11.57): I move amendment No 9 circulated in my name [see schedule 1 at page 3105].
As with amendments Nos 4, 5 and 7, which the government has not supported, this amendment would restore some authority to the commissioner, subjecting decisions of this commissioner to the decisions of the commission overall only in relation to matters of an administrative nature.
MR STANHOPE (Ginninderra—Chief Minister, Attorney-General, Minister for the Environment and Minister for Arts, Heritage and Indigenous Affairs) (11.59): I have previously indicated the reasons why the government will not support this amendment.
Amendment negatived.
Clause 27 agreed to.
Clauses 28 to 33, by leave, taken together and agreed to.
Clause 34.
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