Page 4077 - Week 13 - Thursday, 31 October 2013
And on the amendment moved by Mr Hanson:
Omit all words after “adopted”, substitute:
“COMMISSIONER FOR STANDARDS
That this Assembly requests the Speaker to appoint a Legislative Assembly Commissioner for Standards on the following terms:
(1) The Speaker must, after each Assembly is elected or whenever the office becomes vacant, appoint a Commissioner for the life of that Assembly and the period of three months after each election. The initial appointment is for the term of the 8th Assembly and the period of three months after the election at the conclusion of that term.
(2) Before appointing a Commissioner, the Speaker must consult with the Chief Minister, the Leader of the Opposition and Crossbench Members.
(3) The Commissioner may be dismissed only following a resolution of the Legislative Assembly resolving to require the Speaker to end the Commissioner’s appointment—
(a) for misbehaviour; or
(b) for physical or mental incapacity, if the incapacity substantially affects the exercise of the Commissioner’s functions.
However, a motion for such a resolution may only be debated after the Standing Committee on Administration and Procedure has reported to the Assembly that it is satisfied that the Commissioner is unfit for the office or unable to fulfil the Commissioner’s functions.
(4) The functions of the Commissioner are to—
(a) investigate specific matters referred to the Commissioner—
(i) by the Speaker in relation to complaints against Members; or
(ii) by the Deputy Speaker in relation to complaints against the Speaker; and
(b) report to the Standing Committee on Administration and Procedure (‘the Committee’).
(5) Members of the public, members of the ACT Public Service and Members of the Assembly may make a complaint to the Speaker about a Member’s compliance with the Members’ Code of Conduct or the rules relating to the registration or declaration of interests.
(6) If the Speaker—
(a) receives a complaint about a Member pursuant to paragraph (5); and
(b) believes there are reasonable grounds for the complaint;
the Speaker may refer the complaint to the Commissioner for investigation and report.
(7) Members of the public or members of the ACT Public Service may make a complaint to a Member of the Assembly about the Speaker’s compliance with the Members’ Code of Conduct or the rules relating to the registration or declaration of interests.