Page 20 - Week 01 - Tuesday, 15 February 2011
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Detail stage
Bill, by leave, taken as a whole.
MR STANHOPE (Ginninderra—Chief Minister, Minister for Transport, Minister for Territory and Municipal Services, Minister for Business and Economic Development, Minister for Land and Property Services, Minister for Aboriginal and Torres Strait Islander Affairs and Minister for the Arts and Heritage) (10.54): Pursuant to standing order 182A(b), I seek leave to move an amendment which is minor and technical in nature.
Leave granted.
MR STANHOPE: I move amendment No 1 circulated in my name [see schedule 1 at page 109]. I table a supplementary explanatory statement to the government amendment.
This amendment is minor in nature. It omits in proposed new section 86(5) in clause 13 of the bill previously circulated the word “or” and substitutes the word “and”. The amendment makes it clear that a reviewable level position is restricted to an office with a maximum salary level that is equal to or higher than the minimum salary level for the senior officer grade C classification and for which teaching qualifications are not required.
Amendment agreed to.
MS HUNTER (Ginninderra—Parliamentary Convenor, ACT Greens) (10.56), by leave: I move amendments Nos 1 to 10 circulated in my name together [see schedule 2 at page 109].
These are very simple amendments that clarify the requirements we are placing on decision makers when exercising powers under this act. The amendments respond to the concerns raised by the scrutiny of bills committee. The amendments insert a requirement that when exercising the decision-making power there must be reasonable grounds to base that decision and satisfaction upon.
One can argue that the only way that the “satisfied” test could be applied is to test for a reasonable basis for the position. However, for the sake of consistency—that is, to ensure that when we are creating a decision-making power we are clear and consistent in the nature of that power and the requirements that exist for the exercise of that power—it is appropriate that this requirement be included in the legislation itself.
MR STANHOPE: (Ginninderra—Chief Minister, Minister for Transport, Minister for Territory and Municipal Services, Minister for Business and Economic Development, Minister for Land and Property Services, Minister for Aboriginal and Torres Strait Islander Affairs and Minister for the Arts and Heritage) (10.57): The government will support these amendments, although I hasten to add, acknowledging Ms Hunter’s testy comments in her presentation speech, that the legal advice that I have suggests that these amendments are completely unnecessary.
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