Page 1731 - Week 05 - Thursday, 11 May 2017
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MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Economic Development and Minister for Tourism and Major Events) (5.00): The government will not be supporting this, for the reason that fraud, corruption and misconduct are somewhat imprecise terms in this context. Prohibiting a person under investigation from being a board member by legislation would unnecessarily interfere with the operations of the board, and the context for any such investigation is not defined. In fact, it may be entirely unrelated to the CRA.
As drafted, the provision would also probably enliven the ACT human rights framework. I note, though, that section 19(d) of the bill already provides that members have a duty “not to cause detriment to the authority or undermine the reputation of the authority”. I think that addresses the issue that Mr Coe is concerned about.
MS LE COUTEUR (Murrumbidgee) (5.01): We think it probably would be better to move amendments to the Financial Management Act 1996 to add these or similar requirements for all board appointments if this is the way to go. I hear Mr Barr’s concerns about the imprecise definitions and human rights, and they seem entirely reasonable. The proposed changes are piecemeal and are not good practice from a legislative point of view. This is not the place to do this. If this is necessary, it should be part of the Financial Management Act and be a similar requirement for all board appointments.
We note that the Financial Management Act gives the relevant minister the power to terminate board member appointments for wrongdoing or criminal conduct. Section 81 ensures that the minister can terminate the employment of board members who contravene territory laws, misbehave or become bankrupt, if they are convicted or found guilty of offences punishable by imprisonment for at least one year, or where they have failed to take reasonable steps to avoid conflicts of interest in the exercise of their duties.
Amendment negatived.
Clause 20, as amended, agreed to.
Proposed new clause 20A.
MR COE (Yerrabi—Leader of the Opposition) (5.03): I move amendment No 12 circulated in my name, which inserts a new clause 20A [see schedule 4 at page 1778]. This amendment requires that an audit risk committee must be established. Under the legislation proposed by the minister, the authority may establish an audit and risk committee. Given the issues that have plagued the LDA, we think it is absolutely essential that this committee is established.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Economic Development and Minister for Tourism and Major Events) (5.04): The government will support one element of Mr Coe’s amendment here. Whilst clearly the CRA has the capacity to establish an audit and risk committee, and the traditional drafting
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