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Legislative Assembly for the ACT: 1996 Week 12 Hansard (20 November) . . Page.. 3858..


MR SPEAKER: I might as well take the last point that Mr Moore raised first. The statement I issued yesterday related to a situation quite different to what we have before us today. The matter that came up on 25 September referred to Canberra's lakes and foreshores. The amendment that was put forward to that motion referred to significant public works development in the ACT. In other words, it was completely different from a matter limited to Canberra lakes. The matter before us is different from that because both sections of the motion refer to school-based management. That is the first point I would like to make.

The second point I would like to make is that, for better or worse, we have passed an amendment, namely, Ms Tucker's amendment. We now have a two-part motion. If it is the wish of the Assembly under standing order 133 to divide that motion, then that is perfectly in order. I do not think that the word "complicated" has been interpreted as it should be. You can argue whether the word "complicated" should have been used, but I believe that Mr Moore's interpretation is correct. Individual members may regard a motion as complicated if they wish to vote for one section but not another. That is where the complication begins - not in the complexity of the motion, but in the complications that individual members may face. Whether there are nine in favour of this decision or not the Chair is in no position to judge. That will be a matter for the Assembly itself to decide. I therefore rule that the motion can be divided, and I put the question that the motion to divide it be agreed to.

Debate interrupted.

DISSENT FROM RULING

MR BERRY (11.55): Mr Speaker, I seek leave to move a motion of dissent from your ruling.

Leave granted.

MR BERRY: Mr Speaker, I move:

That the Speaker's ruling be dissented from.

Mr Speaker, I move this motion because, in the first place, I think that you have mishandled the debate in relation to this matter. The second reason is that you have completely ignored the requirement that the question has to be a complicated one before you can make a decision in relation to dividing it. Clearly, in this case it is not a complicated question. Mr Speaker, I will read to you the text of the motion as it would be put to the Assembly:

That this Assembly asks the Minister for Education and Training to permit any school or college to phase in the introduction of School Based Management so that it is operative in all schools or colleges by term 2 - - -


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