Page 2344 - Week 06 - Thursday, 10 May 2012
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The bill recognises that the role of the Clerk and the staff of the Legislative Assembly Secretariat are distinct from the rest of the public service in our system of government. The Clerk and the Secretariat play an important role, valued by members of the chamber, in the management of the Legislative Assembly. We all know and appreciate the work that is done to keep this place running smoothly. However, it is also important to publicly recognise the functions performed by the Clerk and the Secretariat so that we can fully understand and appreciate the importance of what this bill will do.
The Clerk and the Secretariat perform a broad range of functions. They provide advice on parliamentary practice and procedure and the functions of the Assembly and committees; they report proceedings of the Assembly and meetings of committees; they maintain an official record of the proceedings of the Assembly; they provide library and information facilities and services for members; they provide staff to enable the Assembly and committees to operate efficiently; they provide business support functions, including administering the entitlements of members who are not part of the executive; and they maintain the Assembly precincts.
These are important functions and we are grateful for the professional way in which the staff deliver these services to us. These functions are important not only in terms of ensuring that our capacity to represent the community and to govern the territory are maximised but also to ensure that the importance and independence of the Clerk and the Secretariat are rightfully observed.
Prior to this bill, that role had been recognised de facto. However, this bill provides statutory confirmation of the Clerk’s important role. In the framework of overall direction by the Speaker and other elected members of the Assembly, there is merit in formally charging the most senior unelected official of the legislature with the responsibility for ensuring that sound management practices are recommended to and observed in the Assembly.
The government supports the central theme of the bill, which is to give greater effect to the separation of powers doctrine. It does this by clarifying the administrative and legislative framework that applies to the support agency of the legislature and to formalise its independence from executive government—and it is appropriate that it does so.
The bill will create a separate legislative basis for the Secretariat outside the Public Sector Management Act—where the prescription is currently provided—consistent with the doctrine of the separation of powers and in line with the practice in other jurisdictions, including the commonwealth.
Currently, the Secretariat and the position of Clerk of the Assembly are prescribed in division 3.8 of the Public Sector Management Act. This division covers all of the necessary provisions for establishing the Office of the Clerk and for the day-to-day operations of the office and are similar to provisions prescribed for other holders of statutory office in the territory.
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