Page 5232 - Week 14 - Wednesday, 18 November 2009

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So the amendment in my name removes the word “or” and replaces it with the word “and” so that the government must undertake both actions to carry out the course of having a public servant as chair or deputy chair. It would also be my expectation that this would be an unusual circumstance. The Assembly has said it wants independent boards, and to be independent, they truly cannot be chaired or deputy chaired by a public servant. I would expect this to only occur in unusual circumstances.

MR RATTENBURY (Molonglo) (4.54): Speaking to both Mr Smyth’s amendment and the government’s proposed amendment, the Greens will be supporting Mr Smyth’s. We do believe that it is important to have some flexibility and that circumstances will arise where it may be appropriate to appoint a public servant as the chair. But there is a value in having the Assembly cast its eye over that so that there is a point where the government comes along and makes the case and there is an acceptance of a good reason. We will be supporting both of these amendments and their combined effect.

MR BARR (Molonglo—Minister for Education and Training, Minister for Planning, Minister for Tourism, Sport and Recreation and Minister for Gaming and Racing) (4.55): I speak in support of the government amendment, the effect of which is to permit the appointment of a public servant as chair or deputy chair of a governing board only when no member of the public is available to be appointed or where the Assembly approves the appointment by resolution. This government amendment would allow the Assembly to decide on a case-by-case basis whether or not a public servant is the best person.

In the context of this debate, particularly in relation to Exhibition Park, I would signal now that it would be my intention to seek the continuity of the current chair of the board. I would flag with colleagues in the chamber that it would be appropriate for Mr Byles to continue in that role. That said, I think it is important that the Assembly has the opportunity to make that determination and vote one way or the other on that. So, on that basis, I think the government amendment is worthy of support. It would certainly address the issues and concerns that members have expressed previously in relation to the will of the Assembly and will let the Assembly determine that. I think it is important for the continuity of Exhibition Park that that option at least be available, and then the Assembly can make its decision. Having that option available is important.

Mr Smyth: You did not want continuity back in June. Interesting.

MR BARR: No, because it was time for change then. You do not need to have three chairs in six months.

Mr Smyth’s amendment to Ms Gallagher’s proposed amendment agreed to.

Ms Gallagher’s amendment, as amended, agreed to.

Clause 5, as amended, agreed to.

Clause 6.


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