Page 631 - Week 05 - Tuesday, 4 July 1989

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I just want to make a couple of comments on other aspects of the matters that Mr Duby has raised. I think that it would be useful to have a look at the form of government. I am not sure that the one we have got at the moment and the way that we seem to be leading are necessarily right. During the election campaign I spoke, and I meant it sincerely, about a form of cooperative government rather than the confrontationist form that is emerging here along the Westminster lines. I think that we had an opportunity to create a different form of government. Perhaps it is not too late. Perhaps if this committee examines this matter and comes back with some resolutions about a different form of government, it will not be too late for us to implement them.

I note that Mr Duby recognises the three levels, particularly the State and the municipal level, and recognises the territorial ramifications of government. I think that it is appropriate that we look at that and perhaps rethink the direction that we are taking and consider whether a Westminster-style parliament is appropriate for this Territory.

I would say, however, with respect to Mr Stevenson, that the option of no government is not an option. That has been determined by the Commonwealth. It made up its mind that it did not want to be bothered about administering this Territory any longer. It had the power under the Constitution to make that determination, it has made it and there is no going back - there is no question of retracing our steps. I respect Mr Stevenson's view on the matter, but I think that he will find little support for the proposition that there should be no government in the ACT at this stage. However, I do not say that the committee should not perhaps look at constitutionality, even if only to assure itself that constitutionally our position is sound. And I think that, if it examines it in detail, it will discover that that is the case.

I shall not speak on the election issues. I will leave that to my colleague Mr Humphries, who is far more expert in electoral matters than I am. I conclude by saying that the inquiry that Mr Duby is requesting is within the powers of this Assembly to undertake. It is appropriate that the Assembly undertakes it and that this elected body reviews for the first time these important matters so that we can satisfy the electorate and the community at large that we are legitimately here and are moving in the right direction.

MR STEVENSON (8.30): Mr Speaker, I move as an amendment:

That the following new paragraph be inserted before paragraph 1(a):

1(A) the constitutional legality of establishing self-government in the ACT, with particular reference to sections 52 and 125 of the Constitution, the Seat of Government Surrender


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