Page 2512 - Week 07 - Wednesday, 17 June 2009
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .
Members will note that I am proposing that the Assembly not pursue the matter of a remonstrance, not because we believe that the overturning of the Civil Unions Act was just, because we do not believe it was just, but because that matter, first of all, occurred three years ago and it would appear and, I think, strike the commonwealth parliament as odd that after three years the Assembly had finally got around to remonstrating about the fact that the law had been disallowed. Secondly, as I have said earlier, the key issues for the Assembly must be the principles of autonomy within the constitutional arrangements and democracy when it comes to the self-government of this territory—self determination.
The disallowance of the Civil Unions Act was just a demonstration of the broader problems with the self-government act, and we need to move beyond that issue in considering these issues. Labor’s amendment to the motion seeks to achieve that. We seek to demonstrate in the strongest terms to the commonwealth that this place is united on the need for a thorough and comprehensive review. Review of this act is problematic, because it is not our act. It is not an act of this place. Therefore we need to seek the agreement of the commonwealth government and, ultimately, its parliament to any change to the constitution under which we operate.
Therefore, suggestions that we should review that act ourselves, I believe, are of little use. They really delay the inevitable. They delay the need to convince the commonwealth that they must, in party with us, review the operations of the act and make decisions, hopefully on its reform and improvement, to provide for greater self-determination by the territory.
My amendment seeks to make clear, however, that we have strong and certain views on two particular issues. The first is the issue of the veto power that permits the commonwealth executive to recommend to the Governor-General that a law made by this place be disallowed. This veto power is a travesty of democracy, a repugnant, undemocratic and demeaning power that can be used to treat our citizens and us, as elected representatives, as second-class citizens.
The other matter that we need to focus on is the issue of the restriction on the ability of the Assembly to determine its own size. This restriction is stymieing the political development of the territory and the capacity of the parliament, this parliament, to serve the people in our community. But these are only two of a much broader range of matters that need to be addressed.
As I have outlined in my amendment, in the proposed terms of reference for a joint territory and commonwealth review I make it clear that a range of other issues require a view. These include our ability, or inability, to make laws regarding policing and the presence of a range of redundant provisions and prescriptive provisions on a range of matters such as conflict of interest, the judiciary, restrictions on legislative power and so forth.
A joint review between the territory and the commonwealth would need to closely consider which of these provisions should have, in effect, constitutional status and which are more properly subject to territory law. This, I think, is a constructive and
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . .