Page 5625 - Week 13 - Wednesday, 17 November 2010

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a couple more sections without offering any alternative arrangements. The last time we had this debate, we proposed an alternative and our position has not changed. The essence of our amendment then was that the Assembly:

(2) notes that the Australian Capital Territory (Self-Government) Act 1988 carries a number of provisions that now may be redundant or restrictive in terms of their impact on the government for and governance of the Territory;

(3) resolves that the Assembly’s Standing Committee on Justice and Community Safety undertake a review of the Australian Capital Territory (Self-Government) Act 1988 and related matters to:

(a) determine whether it continues to provide the best model for effective and democratic self-government for the ACT;

(b) consider what recommendations might be made and presented to the Commonwealth as a way forward for amendments to the Act; and

(4) calls upon the Chief Minister to inform the Prime Minister of Australia and the Minister for Home Affairs of the resolution.

Tonight we are proposing a similar move but importantly an expanded version on the same theme and this is the gravamen of the amendment which I have moved.

What we are proposing is a way forward that involves all the people of the ACT, not just an Assembly committee as was previously suggested but a public forum essentially moving towards what could possibly be called a constitutional convention with input from the public, the Assembly, experts and stakeholders in all community sectors. It could discuss the way we could agree to go about the details of this issue, the way we could get past the consensus we have seen several times and move to a detailed solution that we as a territory, all of us, can actually take to the federal parliament and recommend that they adopt.

What would be a better anniversary present for the centenary of the ACT than our actually achieving some improvement to our constitution? I submit on behalf of the Canberra Liberals that this is the way forward; that we need to take the community with us. We need to be able to assure the community in the ACT that we have sufficient checks and balances before we can go to the federal parliament and ask for them to legislate in this area. We need to go with a highly agreed upon, high-level consensus on a way forward for a new self-government act for the people of the ACT.

It is interesting, in reflecting on the issues that Ms Porter has raised in this motion, that in the term of this Assembly, just this year, the ethics adviser, after being asked to advise on a particular issue, has pointed out the problems in the self-government act in terms of the conflict of interest provisions in the self-government act. It is a live issue before us at the moment. It is an issue that the Administration and Procedure Committee is taking advice on but it is not an issue which is discussed or even alluded to here. It is a problematic issue that has been highlighted by our ethics adviser but it is unfortunate that that issue has not been alluded to here.

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