Matters of public importance
—your Assembly @ work
Non sitting and sitting weeks –20 May to 7 June 2013
Issue 7/2013
Government business
Includes all business items presented to the Assembly by the Executive including bills, motions, and papers
Bills introduced
Appropriation Bill 2013-2014—
This bill will appropriate money for the purposes of the Territory for the financial year beginning on 1 July 2013 (presented 4June 2013).
Appropriation (Office of the Legislative Assembly) Bill 2013-2014—
This bill will appropriate money for expenditure in relation to the Office of the Legislative Assembly for the financial year beginning on 1July 2013 (presented 4June 2013).
Crimes (Sentencing) Amendment Bill 2013—
This bill will amend the Crimes (Sentencing) Act 2005 to permit a reduced sentence to be imposed where an offender has facilitated the administration of justice by cooperating to ensure that the trial is focused as efficiently as possible on the real issues in dispute (presented 6June 2013).
Criminal Code (Cheating at Gambling) Amendment Bill 2013—
This bill will amend the Criminal Code 2002 to prohibit certain conduct that can corrupt the betting outcomes of events on which it is lawful to place bets (presented 6June 2013).
Construction and Energy Efficiency Legislation Amendment Bill—
This bill will amend a number of laws administered by the Environment and Sustainable Development Directorate to clarify a range of regulations applying to construction and related work in the Territory (presented 6June 2013).
First Home Owner Grant Amendment Bill 2013—
This bill will amend the First Home Owner Grant Act 2000 to give effect to important changes to the Territory’s First Home Owner Grant scheme including retargeting the grant to assist those most in need (presented 6June 2013).
Gaming Machine Amendment Bill 2013 (No. 2)—
This bill will amend the Gaming Machine Amendment Act 2012 to align with Commonwealth legislation which takes effect on 1 February 2014 (presented 6June 2013).
Justice and Community Safety Legislation (Red Tape Reduction No. 1—License Periods) Amendment Bill 2013—
This bill will make minor amendments to a number of laws within the justice and community safety portfolios (presented 6June2013).
Legislation (Penalty Units) Amendment Bill 2013—
This bill will amend the Legislation Act 2001 to increase the value of penalty units that provide the basis for determining statutory fines (presented 6June 2013).
Territory and Municipal Services Legislation Amendment Bill 2013—
This bill will make minor and technical amendments to a number of laws within the territory and municipal services portfolio (presented 6June 2013).
Water Resources Amendment Bill 2013—
This bill will amend the Water Resources Act 2007 and Water Resources Regulation 2007 to ensure consistency and harmonise water resource offences across states and territories (presented 6June 2013).
Bills debated
Appropriation Bill 2013-2014—
Summary: This bill will appropriate money for the purposes of the Territory for the financial year beginning on 1 July 2013.
Proceedings: Debate resumed on the bill on 6June2013. After agreeing to the proposed legislation in principle, the bill together with the Appropriation (Office of the Legislative Assembly) Bill 2013-2014, were referred to the Select Committee on Estimates 2013-2014 for inquiry and report.
Official Visitor Amendment Bill 2013—
Summary: This bill makes technical and other amendments to the Official Visitor Act 2012 to ensure that the scheme operates effectively and consistently with the ACT’s human rights framework.
Proceedings: Debate resumed on this bill on 4June. The proposed legislation was agreed to in principle with debate being adjourned at the detail stage. When debate resumed on the bill on 6 June several amendments were moved by the ACT Greens which did not receive the support of the Government or the Opposition and were therefore negatived by the Assembly.
The bill was passed by the Assembly without amendment.
Justice and Community Safety Legislation Amendment Bill 2013 (No. 3)—
Summary: This bill will make minor amendments to a number of Territory laws to improve the effectiveness of the ACT statute book.
Proceedings: Debate resumed on the bill on 4June2013 and it was agreed to in principle by all parties. During the detail stage amendments were moved by the Government which were also agreed to.
The amended bill was passed by the Assembly.
Planning and Development (Territory Plan Variations) Amendment Bill 2013—
Summary: This bill will amend the Planning and Development Act 2007 to improve the management of the Territory Plan and clarify existing legislative requirements in relation to future urban areas and estate development plans.
Proceedings: Debate resumed on the bill on 6June2013. The proposed legislation received the support of all parties in the Assembly.
The bill was agreed to without amendment.
Road Transport Legislation Amendment Bill 2013 (No. 2)—
Summary: This bill will amend road transport legislation, particularly the Road Transport (Driver Licensing) Act 1999 and the Road Transport (Driver Licensing) Regulation 2000, to provide for an alcohol ignition interlock program in the ACT.
Proceedings: Debate resumed on the bill on 6June2013. Both the Opposition and the ACT Greens supported the passage of the bill through the Assembly.
The bill was passed without amendment.
Ministerial statement
The Minister for Aboriginal and Torres Strait Islander Affairs made a statement on 6 June in relation to Reconciliation Week, Mabo Day and Sorry Day 2013. In his statement, the Minister noted that these occasions represent the struggles, as well as the healing process, endured and felt by Aboriginal and Torres Strait Islander people. The Minister also reiterated the ACT Government’s commitment to closing the gap between the life outcomes and opportunities experienced by Aboriginal and Torres Strait Islander peoples and their non-Aboriginal and Torres Strait Islander peers in Canberra and the surrounding region.
Full text of the statement is provided in Hansard.
Private Members’ business
Includes all items presented to the Assembly by all non-Executive Members, including bills and motions
Bill presented
Payroll Tax Amendment Bill 2013—presented by Mr Brendan Smyth MLA (Brindabella—Canberra Liberals)—
This bill will amend the Payroll Tax Act 2011 to bring the operation of the Act into greater harmonisation with other jurisdictions (presented 5June 2013).
Bill debated
Supreme Court (Appointment of Resident Judges) Amendment Bill 2013—
Summary: This bill will amend the Supreme Court Act 1933 to increase the number of judges in the Supreme Court to at least five, including the Chief Justice.
Proceedings: Debate resumed on the bill on 5June2013 with the Government outlining the reasons why it did not support the appointment of a fifth resident judge and therefore did not support the proposed legislation. In debating the bill the ACT Greens indicated that although there may be a need for a fifth judge at some time, they did not believe that time was now.
The bill was negatived after a vote of the Assembly.
Motions debated
On 5 June 2013, Ms Yvette Berry MLA (Ginninderra —Australian Labor Party) moved a motion concerning the 2013-2014 Budget. The terms of the motion noted that the 2013-2014 Budget aims to build a stronger economy and provides funding to progress major infrastructure projects. During debate the Opposition stated that they would not support the motion. In speaking to the motion the ACT Greens indicated that they supported the motion in principle but moved amendments including a reference that the Budget will now be subject to extensive consideration by the Select Committee on Estimates. The amendments were passed.
The amended motion was agreed to following a vote of the Assembly.
Cost of living pressures was the subject of a motion moved by MrJeremy Hanson MLA (Molonglo—Canberra Liberals) on 5June2013. The motion included calling on the Government to prioritise expenditure decisions to reduce the impact of cost of living pressures on Canberra families. During debate both the ACT Greens and the Government stated that they would not support the motion.
The motion was negatived after a vote of the Assembly.
Further matter discussed on 5 June related to:
ACT Economy—Mr Brendan SmythMLA (Brindabella—Canberra Liberals)
Home ownership initiatives—DrChrisBourke MLA (Ginninderra—Canberra Liberals)
Executive Members’ business
Includes all business items presented to the Assembly by an Executive Member
Bills debated
Children and Young People Amendment Bill 2013—
Summary: This bill will amend the Children and Young People Act 2008 to provide that children and young people in the care of the Territory must be placed with an out of home carer, as defined in the Act, unless one of four defined circumstances applies.
Proceedings: Debate resumed on the bill on 6June2013 with both the Government and Opposition stating that they supported the proposed legislation.
The bill was passed without amendment.
Papers presented
The following is a list of papers of interest that were presented
Auditor-General’s Report No 3/2013—ACT Government Parking Operations (presented by the Speaker on 4 June 2013)
Chief Minister’s 2012-2013 Annual Report Directions (presented by the Chief Minister on 4June2013)
Post Implementation Review of the ACT Land Rent Scheme—Government response (presented by the Treasurer on 6 June 2013)
Commissioner for Sustainability and the Environment—Report on the state of the watercourses and catchments for Lake Burley Griffin—Government response (presented by the Minister for the Environment and Sustainable Development on 6June2013)
Independent Competition and Regulatory Commission—Report 6 of 2012—Secondary water use in the ACT—Final Report—Government response (presented by the Minister for the Environment and Sustainable Development on 6June2013)
Other matters
On Thursday, 6 June 2013, Mr Zed Seselja MLA (Ginninderra—Canberra Liberals) made a statement concerning his forthcoming resignation as a Member of the Legislative Assembly. MrJeremyHanson MLA (Molonglo—Canberra Liberals), MrAlistairCoe MLA (Ginninderra—Canberra Liberals) and Ms Kay Gallagher MLA (Molonglo—Australian Labor Party) also made statements in relation to MrSeselja’s resignation.
Committee activities
Committee reports presented
Public Accounts—Standing Committee—
Report 2—Report on the 12th Biennial Conference on the Australasian Council of Public Accounts Committees (ACPAC) —
On Thursday, 6 June 2013 the chair presented a report on the committee’s attendance at the 12th Biennial Conference of the Australasian Council of Public Accounts Committees (ACPAC), hosted by the New South Wales Parliament's Public Accounts Committee, at Parliament House, Sydney in April 2013.
The report noted that all members of the ACT Standing Committee on Public Accounts attended the conference, and that the chair made a presentation to the conference regarding the status of the ACT Auditor-General as an Officer of Parliament. This was followed by a panel discussion by present and former Auditors-General and their officers from Tasmania, Victoria, Western Australia and New Zealand, and the Hon David Morris MP, Chair of the Victorian Public Accounts and Estimates Committee.
The report noted other points of interest, including presentations by the Chair of the Joint Committee of Public Accounts and Audit in the House of Representatives, Rob Oakeshott MP, and Professors Zahirul Hoque of La Trobe University, Sue Newberry of University of Sydney, David Gilchrist of Curtin University, and Kerry Jacobs of ANU.
As noted by the report, attendees at the conference included those from all Australian jurisdictions and—internationally—from Bougainville, Samoa, Tonga, New Zealand, Papua New Guinea, Fiji, Indonesia, Kiribati, Republic of South Africa and provincial parliaments in Free State, Gauteng, Limpopo and Northern Cape, Uganda, Vanuatu, and the United Kingdom.
Report 3—Report on Annual and Financial Reports 2011-2012—
On Thursday, 6 June 2013 the committee’s report on the inquiry into annual and financial reports 2011-12 was presented to the Assembly.
In the report the committee considered a number of whole-of-government issues, and the operations a number of the most important government and independent agencies.
One focus of the recommendations were reporting processes. In the first recommendation the report recommended improvements to reporting systems and compliance, with an emphasis on the clarity and timeliness of reporting, and that performance indicators be meaningful. It also recommended that the ACT Government develop better performance measures for economically sustainable development.
Other recommendations were that the Government:
. finalise policy on the process for complaints about government services and report on progress regarding feedback on Canberra Connect as a conduit for complaints;
. ensure that remuneration for the Managing Director of ACTEW and other Territory-owned corporations are fully disclosed in annual reports, and develop a Government Business Enterprise Ownership Policy;
. respond to the Auditor-General's 2006 report on Rhodium Asset Solutions;
. report on the outcome of the Economic Development Directorate's discussions with Indigenous representatives regarding tourism and ecotourism, and consider formalising a linkage with Indigenous Business Australia;
. inform the Assembly as further developments arise about the creation of a single racing industry administrative body;
. table the evaluation, when finalised, of the Centenary of Canberra program, events and activities;
. update the Assembly on negotiations on funding from the Commonwealth, and co-investment, for a new convention centre;
. regularly update the Assembly on the proposed Light Rail project;
. table its response to the review of the Land Rent Scheme; and that it
. inform the Assembly regarding the review into future ownership and governance arrangements for ACTTAB.
The report also recommended that:
. the Auditor-General conduct a performance audit into the oversight and governance of ACTEW;
. the Commissioner for Public Administration review current guidance on caretaker conventions in the lead-up to ACT elections, for both the Executive and arm's-length agencies; and that
. the Speaker of the Assembly continue to progress the feasibility of extending Discretionary Office Allowance to communications.
Two members of the committee dissented from two of the report recommendations: that the Government respond to the Auditor-General's 2006 report on Rhodium Asset Solutions, and that the Auditor-General conduct a performance audit into oversight and governance of ACTEW.
Scrutiny Committee—
Scrutiny Report 8, dated 30 May 2013 (presented 4 June 2013)
This report contained the committee’s comments on 11 bills, nine pieces of subordinate legislation, two Government responses and a proposed Government amendment.
Committee inquiries
Education, Training and Youth Affairs—Standing Committee