Page 2533 - Week 06 - Thursday, 23 June 2011
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The one comment I would like to make is in relation to the Henry VIII clause in proposed new section 281 of the Public Service Management Act proposed by the miscellaneous provisions bill. These types of clauses are not uncommon and do have their place. That said, the parliament should of course always be aware that it is potentially allowing the delegated decision maker to amend a determination of the parliament and be clear about the scope of the power that it is delegating.
This provision is noteworthy in that it allows for the amendment of all territory acts and instruments, the limitation being that it must be necessary or convenient to give effect to the one public service act, which is the other bill that we are cognately debating. In that context, it is perhaps lamentable that there is not an explicit objects clause to give a more explicit statutory basis upon which to make a decision as to whether or not the regulation is necessary or convenient. That point noted, I think it is probably sufficiently clear from the clauses themselves what is the nature of the change that bill is seeking to give effect to—and the obvious desire and manifest necessity to maintain the ongoing legal basis for everything the public service does.
Those points noted, the Greens accept that this is a reasonable provision, given the potential for something like an incorrect name to frustrate a legitimate legal proceeding or decision of the executive. It is a noteworthy provision; however, given the scope of the changes and the associated risks if anything has been missed, the Greens agree to the need for it to ensure that nothing unintended happens as a result of the changes.
The Greens will support these bills.
Standing and temporary orders—suspension
MR CORBELL (Molonglo—Attorney-General, Minister for the Environment and Sustainable Development, Minister for Territory and Municipal Services and Minister for Police and Emergency Services) (11.39): Madam Assistant Speaker, it has been drawn to my attention that the Assembly has not suspended the standing orders in relation to the 11 o’clock rule. Following discussion with the manager of opposition business, I now seek leave to move a motion to suspend standing order 76 for this sitting.
Leave granted.
MR CORBELL: I thank members. I move:
That standing order 76 be suspended for the remainder of this sitting.
Question resolved in the affirmative, with the concurrence of an absolute majority.
MS GALLAGHER (Molonglo—Chief Minister, Minister for Health, Minister for Industrial Relations and Treasurer) (11.40), in reply: I thank members for their comments in relation to both of these bills. On 16 May I made new administrative arrangements that represented the next stage of implementing the government’s decision announced on 24 March 2011 by the former Chief Minister, Mr Jon Stanhope, that we would establish a single entity structure for the ACT public
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