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Legislative Assembly for the ACT: 1995 Week 11 Hansard (14 December) . . Page.. 3103..


ANSWERS TO QUESTIONS

CHIEF MINISTER FOR THE AUSTRALIAN CAPITAL TERRITORY

LEGISLATIVE ASSEMBLY QUESTION

Question No. 90

Discrimination Commissioner - Reappointment

MS FOLLETT
: Asked the Chief Minister upon notice on 21 November 1995:

In relation to the reappointment of Ms Robin Burnett as ACT Discrimination Commissioner -

(1) When did Cabinet make the decision.

(2) Was a record made of Mr De Domenico's declaration of a possible conflict of interest, in accordance with the Government's Code of Conduct for Ministers.

(3) Is that record available for scrutiny by the Auditor-General, in accordance with the Code.

(4) Will the Chief Minister release that record for the public to see that justice was done and can be seen to be done.

(5) How long was the delay between the Cabinet meeting and the formal appointment.

(6) Why was there such a delay.

(7) Why was the reappointment not done earlier, since the expiry date of the existing term has been known for a long time.

(8) If the appointment was urgent, why was it not done and signed before you left the country.

(9) Given that only two Ministers are required, why did Mr Stefaniak not sign the formal appointment before he left for Perth.

MRS CARNELL: The answer to the Member's question is as follows:

(1) 30 October 1995.

(2) Yes. The issue was recorded in the Cabinet notebook.

(3) No. The Code of Conduct for Ministers requires that such determinations at Cabinet meetings be recorded by Cabinet Officers. The Code does not require this record to be available for scrutiny by the Auditor-General ( "Cabinet Deliberations" page 3, Ministerial Code of Conduct).

The requirement to have the record available for scrutiny by the Auditor-General refers to notice of any conflicts of interest that arise in the context of the exercise of broader Ministerial powers and duties that a Minister is required to tender at the next Cabinet meeting ("Advice to the Chief Minister", page 3, Ministerial Code of


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