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Legislative Assembly for the ACT: 2012 Week 5 Hansard (3 May) . . Page.. 2040..


(2) See response to (1).

ACT public service—workplace investigations (Question No 2170)

Mr Hanson asked the Minister for Community Services, upon notice, on 22 March 2012:

In relation to the Minister's directorate, how many workplaces investigations/reviews have been (a) requested and (b) carried out.

Ms Burch: The answer to the member's question is as follows:

(a) Nine workplace investigations/reviews were requested in financial year 2011-12.

(b) Fifteen investigations/reviews have been carried out in 2011-12 to date. This included six carried over from the 2010-11 financial year.

Marriage—equality (Question No 2172)

Mr Rattenbury asked the Attorney-General, upon notice, on 22 March 2012:

Has the ACT Government ever sought or received legal advice on the constitutional issues that could arise in the event the ACT Legislative Assembly were to legislate to create an ACT based marriage scheme which was open to all couples, regardless of sex; if so, who provided the advice and what were the issues identified in the advice; if not, are there any impediments to the ACT legislating in such a way.

Mr Corbell: The answer to the member's question is as follows:

The ACT Government has, on a number of occasions, sought and received legal advice in relation to the constitutional issues that could arise in the event the ACT Legislative Assembly were to legislate to create an ACT based marriage scheme, which was open to all couples, regardless of sex.

The Government sought specific legal advice on the question of whether the Civil Partnerships Bill 2006 was inconsistent with the Commonwealth Marriage Act 1961. DF Jackson QC and SJ Gageler SC provided their advice to the ACT Government Solicitor on 5 May 2008.

The advice concluded that the 2006 Bill, as then drafted, would be consistent with the Marriage Act to the extent that it provided for same sex couples to enter into a civil partnership, but inconsistent with the Marriage Act to the extent that it provided for a man and a woman to enter into a civil partnership.

The ACT Solicitor-General has also provided oral advice, in relation to the Civil Unions Bill 2011, which drew from the Jackson and Gageler advice.


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