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Legislative Assembly for the ACT: 2003 Week 7 Hansard (26 June) . . Page.. 2624 ..
MR CORBELL
(continuing):solely to members and not able to be used in any other way. That is an approach I am quite comfortable with.
If a member were to move an amendment to that end, I would be quite happy to withdraw my motion. But the intention is-as is the intention in the two legislatures I have just mentioned-to ensure that members see the advice that they have a concern about and, equally, to ensure that the territory's or state's interests are not compromised because that advice is to a government body or authority that may be in dispute with other parties.
It is the same approach here. It is not an attempt to undermine Westminster practice or convention. It is not an attempt to gag members. It is an attempt to strike a balance between the need of members to see the information they believe it is appropriate to see and the need that I have, as the responsible minister, to ensure that the interests of the authority-in this case, the Gungahlin Development Authority-are not compromised. That is the balance I am trying to strike.
Sitting suspended from 6.30 until 8 pm.
MR CORBELL: Mr Speaker, I seek leave to withdraw my amendment.
Leave granted.
Amendment, by leave, withdrawn.
MR CORBELL
: Mr Speaker, I seek leave to move a new amendment which is now being circulated in my name.Leave granted.
MR CORBELL
: I move:Add the following paragraphs:
"(2) The legal advice shall not be published or copied unless the terms of this resolution are altered. Where any Member, by communication in writing to the Clerk, disputes the claim of confidentiality by the Minister for Planning, the Clerk is authorised to release the disputed document to an independent legal arbiter, for evaluation and report within 5 days as to the validity of the claim.
(3) The independent legal arbiter is to be appointed by the Speaker.
(4) A report from an independent legal arbiter is to be lodged with the Speaker of the Legislative Assembly and:
(i) be made available only to Members of the Assembly;
(ii) not be published or copied without an order from the Assembly.".
I think that the new amendment addresses the concerns that members have raised in the debate throughout the day. The proposition I am putting to members is the approach adopted by the New South Wales upper house in addressing these matters.
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