Page 552 - Week 02 - Wednesday, 9 March 2011
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Multicultural Affairs and Minister for Women) (10.16): I move amendment No 4 circulated in my name [see schedule 1 at page 681].
The bill, at section 727E, makes provisions for the appointment of a chair to the committee—a person who is not otherwise a member of the committee for a period stated in the appointment. The government supports the appointment of a chair by the minister at sections 727E(1) and 727E(2) and seeks amendments to sections 727E(3) and 727(4) that will strengthen the capacity of the role.
As with the proposed government amendments regarding the membership of the committee, the government seeks amendments concerning the appointment of the chair. These include the requirements that the minister be satisfied that the chair has the expertise or experience to be the chair or is otherwise suitable to be the chair, at section 727E(3); that the minister consider relevant suitability information under the provisions of section 65(1) of the Children and Young People Act 2008 when considering the appointment of a person as a chair, at section 727E(4); that the appointment of the chair be for a period not longer than three years, consistent with our proposed three-year reporting period, at section 727E(5); and that the conditions of the appointment of the chair “are the conditions stated in the appointment, subject to any determination under the Remuneration Tribunal Act 1995”, at section 727E(6).
MS HUNTER (Ginninderra—Parliamentary Convenor, ACT Greens) (10.18): This technical amendment provides clarity in the area of the committee chair. The new clauses provide for the minister to assess suitability through section 65 of the Children and Young People Act and also provides for the minister to ensure that the chair has the required skill set and experience to chair the committee successfully. We agree to this amendment.
Amendment agreed to.
MS BURCH (Brindabella—Minister for Disability, Housing and Community Services, Minister for Children and Young People, Minister for Ageing, Minister for Multicultural Affairs and Minister for Women) (10.18): I move amendment No 5 circulated in my name [see schedule 1 at page 682].
The bill is silent regarding the management of conflict of interest issues. Government considers that this is an important issue that requires inclusion in legislation. The ACT is a small jurisdiction and it would be expected that, from time to time, potential or actual conflicts of interest may arise. For example, a committee member may know children who have died or may have, during the course of their work, become aware of information concerning children’s deaths.
The government does not propose to legislate the specific management of such issues but seeks to ensure that all reasonable steps are taken to avoid potential or actual conflict of interest issues. The management of these processes will be a matter for the committee to determine. The committee may agree that if such an issue arises, the committee’s decision is made on a case-by-case basis. On the other hand, the committee may administratively arrange it to work so that committee members are not exposed to any potential or actual conflict of interest.
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