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Legislative Assembly for the ACT: 2018 Week 13 Hansard (29 November) . . Page.. 5156 ..


Clause 40.

MR COE (Yerrabi—Leader of the Opposition) (6.18): I move amendment No 15 circulated in my name [see schedule 1 at page 5201]. The amendment we are putting forward, we think, is a simpler and better version. This allows for consultation with the relevant committee for the Speaker's appointment of an acting commissioner. This may be relevant where the commissioner is acting for an extended period of time; for example, we have not had a permanent successor appointed to the A-G position for some time. Or where the acting appointment is for approved leave—for example, annual leave—the commissioner may appoint someone in consultation with the Speaker. That is similar to the process used by other statutory office holders.

MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (6.19): We are happy to support this. I do not think there is any particular issue with the provision as currently drafted, but if removing the consultation requirements of the Chief Minister, the Opposition Leader and another party leader is something that the opposition leader and the Liberals are particularly focused on, I am not sure that it necessarily adds to the scope of consultation—it restricts it—but I am not going to have a fight over that particular matter.

MR RATTENBURY (Kurrajong) (6.20): We are happy to support this. We believe that it does clarify the wording. I do not think it substantially changes the meaning, but we are happy to support this one.

Amendment agreed to.

Clause 40, as amended, agreed to.

Clause 41.

MR COE (Yerrabi—Leader of the Opposition) (6.20): I move amendment No 16 circulated in my name [see schedule 1 at page 5202]. The amendment we are putting forward here will exclude all former politicians from being appointed as the CEO of the commission. We are not talking about the commissioner here, but we are talking about the CEO of the commission. There are only two SES level positions, or executive level positions, within the commission. If the CEO is intended to be the acting commissioner, if at any point the CEO becomes the acting commissioner we should have, therefore, a very high standard for that CEO. So we do not think it is appropriate that we could have former politicians in this role.

MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (6.21): We are happy to agree to this amendment, as obviously it is already in the bill in relation to the role of the commissioner. Yes, Malcolm Turnbull, Brendan Nelson or any other people who may have had ambitions to be the CEO—

Mr Coe: Joe Tripodi.


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