Page 2346 - Week 06 - Thursday, 10 May 2012
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It is appropriate after more than two decades of self-government that the territory has in place an office with appropriately prescribed roles, functions and independence to assist the Legislative Assembly. This bill will ensure that the Office of the Legislative Assembly will be responsible for providing advice and support to the legislative branch of government in the territory.
The government supports this bill in principle, but I also foreshadow we will be moving amendments in the detail stage.
MR SESELJA (Molonglo—Leader of the Opposition) (12.15): The Canberra Liberals will be supporting this bill today. I would like to take the opportunity to thank the Assembly Secretariat for their time in having provided my office and me with a briefing to further discuss the details of this bill. The bill will more clearly codify the roles, functions and independence of the office responsible for providing advice and support to the legislative branch of government in the ACT. Of course, we know this office now as the Secretariat.
I note that clause 5 will establish the Office of the Legislative Assembly, which is made up of the Clerk and the staff of the office. This changes the present situation that is in place in this Assembly, where sections 46, 53A and 54 of division 3.8 of the Public Sector Management Act 1994 established the Office of the Clerk, who is supported by staff, and what we know as the Legislative Assembly Secretariat.
I also note that clause 6 formalises the functions of this office, with clauses 7 and 8 respectively noting that its staff are public servants under the Public Sector Management Act, yet are not subject to direction by the executive of any minister. These are important clauses as the Public Sector Management Act recognises the independence of the Clerk, but not Secretariat staff.
Part 3 makes provisions for the Clerk of the Assembly, and l would like to bring attention to sections 13, 14 and 15, which creates suspension provisions. This seems to be a unique feature of this bill; it is not present in legislation pertaining to the Auditor-General and commissioners.
Part 4 reserves the right of the executive to make regulations for this act. However, regulations must be notified and presented to the Legislative Assembly under the Legislation Act, with additional provisions that the executive must consult the Speaker.
Finally, I note that schedule 1 makes consequential and other amendments in relevant legislation in relation to the new independence of the office regarding annual reports, appropriation, procurement and investigative rights relating to the Commissioner for Public Administration.
Taken as a whole, this bill will clarify the administrative and legislative framework that applies to the support agency of the legislature and enshrine in law its independence from the executive; remove provisions in the Public Sector Management Act 1994 relating to the Clerk and the Secretariat and create a new
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