Page 224 - Week 01 - Wednesday, 10 December 2008
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end of the sitting day, this Assembly undertakes to refer the question of the public release of the Strategic and Functional Review of the ACT Public Sector and Services to the independent legal arbiter to be created by this Assembly during the February sitting.”.
Madam Assistant Speaker, the reason we have moved this amendment is to respect the ALP-Greens’ agreement and the process that was set up to address this situation. We have made an agreement to institute a standing order specifically designed to address this type of situation. There will be an independent arbiter to assess the validity of the competing arguments for privilege or for public release.
The amendment to the standing orders will provide an outcome very similar to standing order 52 in the New South Wales Legislative Council. I seek leave to table a copy of that standing order for members’ reference in considering the amendment.
Leave granted.
MS HUNTER: I table the following document:
Order for the production of documents—Copy of standing order 52 of the New South Wales Legislative Council.
Whilst we have in the past supported the essence of the motion being debated today, and we continue to do so, we feel that it is more appropriate that an independent process be allowed to run its course, rather than the Assembly making specific demands today. We do not want to see a repeat of the enormous waste of public resources represented by the Egan case.
MS GALLAGHER (Molonglo—Treasurer, Minister for Health, Minister for Community Services and Minister for Women) (3.47): The government will be opposing the motion, but we will be supporting the amendment circulated by Ms Hunter. I will speak to both at this point in time.
As you would be aware, Madam Assistant Speaker, and as Ms Hunter has just gone to, we are now developing the position of an independent arbiter as provided for in the parliamentary agreement between the Greens and the government. This position would be the appropriate position and provide the appropriate process to deal with requests such as this in the future.
This historic parliamentary agreement is underpinned by a range of principles to which the government commits in good faith. The right of the cabinet or the executive government to consider issues and make decisions in confidence is an important aspect of the Westminster system. This principle is recognised in ACT legislation under which documents prepared for cabinet are embargoed for a minimum period of 10 years.
The strategic and functional review is a cabinet document. There is no question that it was prepared for cabinet consideration and was not intended for public release. This was emphasised at the time the review was announced. The Chief Minister has reiterated this position previously on the floor of the Assembly and, indeed, earlier in this debate.
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