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Legislative Assembly for the ACT: 1999 Week 11 Hansard (20 October) . . Page.. 3395 ..

MR BERRY: In certain circumstances. In a black and white reading of the Reith law you could say, perhaps, that you are not supposed to pay them anything.

Ms Carnell: Is that what you are telling us to do?

MR BERRY: But I also say that the Reith law is pragmatic in the sense that it provides a back door to anybody who decides to pay.

Mr Humphries: Not according to our legal advice, it doesn't.

MR BERRY: I know. That is your legal advice. I have nothing to do with it. I did not ask for it. It is merely a legal advice. This is not a court, Mr Humphries. This is a legislature and this is - - -

Ms Carnell: Sorry; it did not make any difference last time.

Mr Humphries: It was a court back in June.

MR TEMPORARY DEPUTY SPEAKER: Order! Mr Berry has the floor.

MR BERRY: We are not in the business of behaving like a court. So what - - -

Mr Rugendyke: Well, what are we in the business of then?

MR BERRY: We are in the business of applying natural justice. We are in the business of applying fairness if we see signs where there is no fairness - - -

Mr Rugendyke: Within the law.

MR BERRY: And we are obliged to take account of the law. I accept that. The Government is saying that in their opinion it is okay to pay certain workers who are doing their core duties but not others. What I am attempting to say here, Mr Rugendyke, is that we should be fair. If all of these workers are doing their core duties - - -

Ms Carnell: They are not.

MR BERRY: Well, there is an argument now. I am happy to go through the argument about what are and what are not core duties. I think the core duties argument is a recent revelation. Who is to say, and I suggest to you it is us, that handing in a December report is a core duty? I suggest to you that it is not a core duty. There are lots of things that bursars do at the schools. I read out a great list of them.

Ms Carnell: Financial statements.

MR BERRY: Certainly, the end of year financial statement is not the fundamental of all their work. It is one of the things they do.

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