Legislative Assembly for the ACT: 1998 Week 8 Hansard (27 October) . . Page.. 2254 ..
Clause 1 agreed to.
Clause 2 agreed to.
Clause 3 agreed to.
MR BERRY (11.41): Clause 4(a) proposes to omit the definition of executive officer. It is my intention to oppose that particular part of the clause. During his speech at the in-principle stage, Mr Stefaniak said that the executive officer was not being struck out. In fact, that is not the case. Specifically, clause 9 repeals section 18 of the legislation. It says:
Section 18 of the Principal Act is repealed.
Section 18 of the principal Act deals with the executive officer, so it is the intention of the Bill to strike out the executive officer's role. Part of the executive officer's role has been transferred to the chairperson. I refer to clause 11 of the Bill as it relates to section 29 of the principal Act. It transfers the role of the executive officer to the chairperson in respect of the register.
I will be opposing the omission of the definition of executive officer, for the very reasons which I described earlier. The executive officer has an important function in the preservation of the independence of the board in respect of its own functions, and that position ought to be retained as it is prescribed in section 18 of the principal Act. To strike it out would make no sense if the Assembly is minded to maintain the independence of the board. Mr Speaker, we will have to divide this clause into paragraph (a) and paragraph (b). The explanatory memorandum states:
A broader definition of a recognised education institution has been substituted in recognition that senior secondary education is becoming more flexible.
On the face of it, Mr Speaker, paragraph (b) of the clause would achieve that aim, but paragraph (a), which relates to the executive officer, will be opposed.
MR STEFANIAK (Minister for Education) (11.44): I reiterate what I said earlier, Mr Speaker. The executive officer will still attend board meetings. He will simply no longer be a formal member of the board as set out in the legislation last year.
Motion (by Mr Stefaniak) agreed to:
That the question be divided.