Page 3003 - Week 10 - Tuesday, 23 August 2005

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Tuesday, 23 August 2005

MR SPEAKER (Mr Berry) took the chair at 10.30 am, made a formal recognition that the Assembly was meeting on the grounds of the traditional owners, and asked members to stand in silence and pray or reflect on their responsibilities to the people of the Australian Capital Territory.

Residential Tenancies Amendment Bill 2005

MR CORBELL (Molonglo—Minister for Health and Minister for Planning) (10.31): I seek leave to move a motion concerning the Residential Tenancies Bill 2005.

Leave granted.


That this Assembly:

(1) notes that Dr Foskey, on 18 August 2005, after the Assembly had debated and passed the Residential Tenancies Amendment Bill 2005, declared an interest in that she had a residential tenancy agreement with the ACT Commissioner for Housing; and

(2) under subsection 15 (2) of the Australian Capital Territory (Self-Government) Act 1988 (the Self-Government Act) decides that the participation of Dr Foskey in the debate on the Residential Tenancies Amendment Bill 2005 was a failure to comply with subsection 15 (1) of the Self-Government Act, but notes her participation was in the public interest.

This motion is important recognition that the Assembly is having due regard for the provisions of the self-government act. Clearly, the provisions of the act are more explicitly targeted at circumstances where members have a commercial relationship with the territory and potentially act in a way where there is a conflict of interest between their duty as a member and their interest in terms of a commercial relationship. However, in this instance, Dr Foskey does have a contractual relationship with the territory, albeit one which is to do with her tenancy of an ACT Housing property. The government’s view is that this does not, in any way, constitute a serious issue, in that her participation was always in the public interest. It is to ensure that the Assembly acts in a way which is at all times cognisant of the obligations that we all have under the self-government act that the government moves this motion today. I commend the motion to members.

MR STEFANIAK (Ginninderra) (10.33): The opposition will support the motion.

Motion agreed to.

Legal Affairs—Standing Committee

Scrutiny report 15

MR STEFANIAK (Ginninderra): I present the following report:

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