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Legislative Assembly for the ACT: 2001 Week 6 Hansard (15 June) . . Page.. 1829 ..
MR HUMPHRIES: It has not been advanced; it has not gone anywhere.
MR SPEAKER: Stop quibbling across the chamber, please.
MR HUMPHRIES: Mr Speaker, I understand Mr Berry's position, because I wrote to all members on this matter when we first began this process and asked them for their views and the only-
Mr Berry: I said that you should negotiate with the union.
MR HUMPHRIES: I do not believe that I have received any correspondence from you on this subject, Mr Berry. I am sure that I have not received any correspondence from you.
Mr Berry: No, you probably got it from the Leader of the Opposition.
MR HUMPHRIES: Yes, I did get a letter from the Leader of the Opposition, who did not raise the issue that you have raised. I will read what the Leader of the Opposition raises. He says:
The Labor Party remains of the view that the present arrangements for employing staff through common law contracts is far from satisfactory. We support the concept-
listen carefully-
of a certified agreement between members' staff and their employer, but we are not convinced that the authority to enter such an agreement should be, or indeed under the terms of the Workplace Relations Act 1996 can be, delegated to individual members.
That is one issue he raises, whether a delegation of power is possible. You have not raised that issue, but Mr Stanhope has raised it. The second issue is:
Labor is also concerned that the government is to pursue amendments to the Legislative Assembly (Members' Staff) Act in advance of any debate on your determination.
In fact, we are bringing forward the determination now, so that is not the case. We have this debate going on now, so that issue has been taken care of. The issue that remains is the issue of the power to delegate under the Workplace Relations Act. Mr Speaker, my advice is that there is authority to delegate this matter to individual members of the Assembly.
Mr Berry: What section of the Workplace Relations Act?
MR HUMPHRIES
: It is an inherent common law power of the holder of an authority to delegate to somebody else. Mr Speaker, I effect that delegation through the instruments themselves, where I say that an office holder may negotiate with members of their staff the terms and conditions of employment, et cetera. That is the instrument of delegation. It is effected by this instrument. It is a common law power of a holder of
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