Page 3811 - Week 12 - Thursday, 24 October 2013
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MS GALLAGHER (Molonglo—Chief Minister, Minister for Regional Development, Minister for Health and Minister for Higher Education) (12.03), by leave: I move amendments Nos 5 and 7 circulated in my name together [see schedule 1 at page 3869].
These amendments relate to the role of the Ombudsman. The current arrangement under the ACT Self-Government (Consequential Provisions) Act 1988 is for the Commonwealth Ombudsman, appointed by the Governor-General, to be taken as the ACT Ombudsman until an appointment is made under ACT law.
The government amendment to this section outlines the consent the Speaker must obtain in order to appoint a new ombudsman under ACT law for the first time and puts forward the fact that I would need to negotiate with the commonwealth for the dissolution of the service agreement for the provision of ombudsman services. The commonwealth requires a minimum three-month notice period prior to terminating the service agreement for the provision of the ombudsman services to the ACT. Further, there would be financial implications in establishing an ACT ombudsman office for the first time. For this reason, we have sought to introduce this process around the notice and agreement around the appointment of an ACT ombudsman for the first time.
The second amendment is consistent with the previous amendment just agreed to which omits the limitation on the person being appointed as ombudsman within two years of having served as a public servant, for the same reasons as I outlined previously.
MR HANSON (Molonglo—Leader of the Opposition) (12.05): The opposition will support the government’s amendments. With regards to amendment No 5, the current ombudsman services are provided to the ACT under an arrangement with the Commonwealth Ombudsman, as you would be aware, Madam Speaker. This bill anticipates that at some stage in the future the ACT will appoint its own ombudsman. I do have some concerns about legislating for a non-existent entity, in effect. However, the government’s amendment does go some way to alleviating my concerns.
This amendment simply requires the Speaker, before appointing the ACT’s first ombudsman, to obtain the Chief Minister’s written consent. It also requires that any such appointment will not commence until the date indicated by the Chief Minister or after six months, if no date is set. This allows the government to retain control over its budget allocations and allows the government a reasonable say as to when is the right time to make such an appointment.
With regard to the second amendment, amendment No 7, it achieves the appointment of the ombudsman with the same purpose as amendment No 3. It removes the appointment exclusion purpose for a person who has been a public servant at any time in the previous two years. And for the reasons that have been outlined by the Chief Minister and me earlier, I will be supporting this amendment.
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