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Legislative Assembly for the ACT: 2001 Week 9 Hansard (22 August) . . Page.. 3210 ..

MR OSBORNE (continuing):

The Committee notes that a number of professional groups administer and enforce rules of conduct within their professions. Doctors, dentists and lawyers have set up internal mechanisms within their professional organisations for dealing with allegations of misconduct.

In the case of an allegation against a Member of the Legislative Assembly, the Committee believes that the Assembly has the collective experience and knowledge to deal with the matter.

Furthermore, it is the Committee's view that formal sanctions are inappropriate when dealing with ethical or moral behaviour.

As already stated, Members of the Legislative Assembly are already bound by a number of other obligations and legal requirements.

In a small Parliament such as this Assembly, it is possible that Members are more exposed to scrutiny than Members in a larger Parliament.

The Committee views the proposed code of conduct as essentially an educational tool to assist Members. Those who are in breach of the code will answer to the Assembly, the media and ultimately the people.

Do we need an Ethics Adviser?

The Legislative Assembly for the ACT presently consists of 17 Members. If for no other reason than the fact that there are so few, Members are in the public eye, their actions are closely scrutinised and any wrong doing can be quickly exposed.

It is the view of the Committee that Members of the Assembly are already well aware of what constitutes ethical behaviour, take responsibility for their conduct and understand their obligations.

Until a code is adopted, and its value assessed, the appointment of an ethics commissioner would appear, in the view of the Committee, to be premature.

It is therefore considered that the appointment of an independent ethical commissioner is not warranted in the Legislative Assembly for the ACT but that the issue be reconsidered once a code has been in place for a reasonable time and its value assessed.

The Code

A code is attached to the report. It includes matters such as conflicts of interest, use of entitlements, advocacy, use of confidential information and gifts among other things. I do not intend to read it out in full but I urge Members to read the Code and this report.

I commend the report to the Assembly.

Question resolved in the affirmative.

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