Page 380 - Week 01 - Thursday, 16 February 2012
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Assembly, it would want to ensure that it has a sufficient number of unelected candidates available to contest any subsequent casual vacancy.
Such a process would, of course, be unnecessary if the government’s casual vacancies bill were passed, but sadly this is not going to happen. The limitation imposed on candidate numbers in this bill is a reflection of the redundancy of nominating excess candidates under the proposed new framework.
As I mentioned earlier, both this bill and the casual vacancies bill were considered by the Standing Committee on Justice and Community Safety. As part of the committee’s report, which was tabled in October last year, clauses 7 and 8 of this bill were opposed. The government considered it highly problematic that it would prevent people seeking to represent the electorate.
The report suggested that such a measure would infringe the right to take part in public life under section 17 of the Human Rights Act 2004 and may leave the amendment open to challenge on that basis. The committee noted that this view was consistent with the concerns raised by the scrutiny of bills committee in its consideration of clauses 7 and 8.
I am not sure how it would be a restriction on the right to take part in public life if the casual vacancies bill were to be passed. But regrettably, this bill will not pass, for lack of support of those opposite to provide the sufficient majority to allow it to be enacted. So on this basis the government proposes that clauses 7 and 8, which restrict the number of candidates, will not be progressed. The government will not be supporting them and will be voting to remove them from this bill.
In addition, clause 10 of the bill would make a consequential amendment to the restriction on candidate numbers in clauses 7 and 8. It would remove provisions relating to the layout of ballot papers in circumstances where there are more applicants than positions available in the relevant electorate. In view of the removal of clauses 7 and 8, clause 10 should also be removed. Accordingly the government will be opposing clause 10.
With the exception of clauses 7, 8 and 10, I am pleased that the amendments proposed by this bill have the support of other members. They continue the process of improving the operation of the territory’s electoral system. I urge members to support the remainder of the bill.
Question resolved in the affirmative.
Bill agreed to in principle.
Detail stage
Clauses 1 to 6, by leave, taken together and agreed to.
Clauses 7 and 8, by leave, taken together and negatived.
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