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Legislative Assembly for the ACT: 1995 Week 11 Hansard (13 December) . . Page.. 2989..

Detail Stage

Debate resumed from 12 December 1995.

Clauses 11 to 19, by leave, taken together, and agreed to.

Clause 20

MS FOLLETT (Leader of the Opposition) (3.27), by leave: Mr Speaker, I move my amendments Nos 4 and 5 on the pink sheet which has been circulated in my name. They read:

Page 11, line 21, proposed new section 73, after subsection (1), insert the following subsections:

"(1A) A contract under section 72 that contains a provision of the kind referred to in subsection (1) shall specify the grounds on which the contract may be terminated under that provision.

"(1B) The grounds specified pursuant to subsection (1A) shall not include -

(a) the ground that the person employed under the contract is incompatible with another person; or

(b) any ground to the same effect.".

Page 12, line 8, after proposed section 73, insert the following section:

"Effect of contracts on responsibilities of Ministers

73A. Nothing in a contract under section 72 shall be taken to derogate in any way from the responsibility of the Minister administering an administrative unit for -

(a) the policies developed or applied by the administrative unit; or

(b) the financial and other performance of the administrative unit.".

Mr Speaker, for the benefit of members who have not followed the layout on the pink sheet, amendments Nos 1, 2 and 3, which have all been passed, related to chief executive officers, and amendments Nos 4, 5 and 6 are the mirror amendments, but this time relating to SES officers. My amendment No. 4 relates to the question of contracts being terminated on the grounds of incompatibility. I have spoken before about my reasons for believing that that is totally inappropriate, and the Assembly accepted that

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