Matters of public importance
—your Assembly@ work
Sitting week—22 to 26 September 2014
Issue 10/2014
Condolence Motion
On 25 September 2014 the Deputy Chief Minister moved a motion of condolence in relation to the recent death of Mr Kurt Steel. A number of other Members also spoke to the motion and at its conclusion all Members of the Assembly stood in silence as a mark of respect to the memory of MrSteel.
Government business
Includes all business items presented to the Assembly by the Executive including bills, motions, and papers
Bills introduced
Emergencies Amendment Bill 2014—
This bill will make amendments the Emergencies Act 2004 to strengthen bushfire prevention activities in the Territory. The amendments will also ensure support for emergency services personnel to prepare and respond to emergencies when they occur(presented 25September2014).
Planning, Building and Environment Legislation Amendment Bill 2014 (No 2)—
This bill willmake minor editorial, technical and consequential amendments to the Building Act 2004, the Building (General) Regulation 2008, the Planning and Development Act 2007 and the Planning and Development Regulation 2008 (presented 25 September 2014).
Statute Law Amendment Bill 2014 (No2)—
This bill will make a number of minor and technical amendments to several of the Territory’s Acts and regulations(presented 25September 2014).
Training and Tertiary Education Amendment Bill 2014—
This bill will amend the Training and Tertiary Education Act 2003 to bring the ACT’s regulatory system for vocational education and training and higher education up-to-date as a consequence of the recent move to a national regulatory system.The bill will also make consequential amendments to other legislation relating to vocational education and training and higher education in the Territory(presented 25September2014).
Workers Compensation (Cross-border Workers) Amendment Bill 2014—
This bill will amend the Workers Compensation Act 1951 to assist employers, workers, insurers, insurance brokers and the courts to more dependably determine a cross-border worker’s State of connection(presented 25 September 2014)
Bills debated
Crimes Amendment Bill 2014—
Summary: This bill will amend the Crimes Act 1900 to provide a mechanism which supports the Supreme Court’s power to consider inquiry reports under the Act.
Proceedings: Debate resumed on the proposed legislation on 23 September with all parties in the Assembly supporting the bill.
The bill was passed without amendment.
Heritage Legislation Amendment Bill 2013—
Summary:This bill will amend the Heritage Act 2004 to provide the Minister with call-in powers in relation to exceptional circumstances for decisions affecting the registration or cancellation of a place or object, removes two appeal provisions, and provides for a range of other technical and administrative amendments.
Proceedings:When debate resumed on 25September the ACT Greens stated they would support the passing of the bill including the proposed amendments to be moved by the Government. The Opposition moved adjournment of debate and later outlined their reasons for doing so. The adjournment was negatived after a vote of the Assembly. The bill was agreed to in principle. During the detail stage a number of amendments were moved by the Government which were passed.
The amended bill was then agreed to by the Assembly.
Major Events Bill 2014—
Summary: The purpose of this billis to replace the Major Events Security Act 2000 with a comprehensive scheme which will provide for a clear and predictable system for dealing with major events so that they can be hosted in a safe and efficient manner within the Territory.
Proceedings: Debate resumed in the detail stage of this bill on 25September with the Government moving a number of minor and technical amendments and amendments in response to Scrutiny Committee comments. In speaking to the amendments the Opposition stated they still had concerns in relation to the proposed legislation and indicated they would be monitoring how the legislation is implemented. The ACT Greens informed the Assembly that they would be supporting the proposed amendments moved by the Government as they believed they made important improvements to the bill. The amendments were agreed to.
The amended bill was then passed by the Assembly.
Planning and Development (Bilateral Agreement) Amendment Bill 2014—
Summary: This bill will amend the Planning and Development Act 2007 by including provisions to enable the ACT to sign up to the Australian Government’s one stop shop for environmental approvals. Consequential amendments will also be made to the Nature Conservation Act 1980 and the Planning and Development Regulation 2008.
Proceedings: When debate resumed on the bill on 23 September the ACT Greens outlined their reasons for supporting the proposed legislation. The Opposition stated that they would have supported debate being adjourned to allow them to propose amendments at a later stage, however, as it appeared that the bill would be considered that day, they indicated their support.
The bill was agreed to by the Assembly without amendment.
Ministerial statement
On 23 September 2014, the Minister for Workplace Safety and Industrial Relations made a statement updating the Assembly on the implementation of the 28 recommendations from the Getting Them Home Safely report on compliance with work health and safety requirements in the ACT’s construction industry. During his statement the Minister indicated that the Government had accepted all 28 recommendations contained in the report and remained committed to updating the Assembly on the progress of the implementation of the recommendations.
The full text of the statement can be found here.
Private Members’ business
Includes all items presented to the Assembly by all non-Executive Members, including bills and motions
Bill introduced
Government Procurement (Transparency in Spending) Amendment Bill 2014—
This bill willamend the Government Procurement Act 2001 and the Government Procurement Regulation 2007 to improve transparency and accountability surrounding Government expenditure(presented by Mr Alistair Coe MLA (Ginninderra—Canberra Liberals) on 24September2014).
Motions debated
Foster Care Month and children in out-of-home carewere the subjects of a motion moved by MsNicoleLawder MLA (Brindabella—Canberra Liberals) on 24September.
The motion included acknowledging the commitment given by foster carers in the ACT and seeking assurance that the care of children in out-of-home care is a priority for the Territory Government.
All speakers on the motion highlighted the great work done by community organisations in the ACT in facilitating the care of children in out-of-home care. The motion received the support of all parties in the Assembly.
The motion was passed without amendment.
ACT workers’ rights and conditions, as a result of the introduction of the Fair Work Amendment Bill 2014 in the Commonwealth Parliament,was the subject of a motion moved by Ms Yvette Berry MLA (Ginninderra—Australian Labor Party) on 24September. The motion included noting that provisions contained in the bill would have adverse effects on many Canberra workers. The motion also called on the Territory Government to ensure that it acknowledged that strengthening workers’ rights and conditions is important for economic prosperity. During debate an amendment was moved by the Opposition which included noting that the Fair Work Amendment Bill 2014 (Cwlth) proposed a number of recommendations from the Fair Work Review Panel in its 2012 review commissioned by the now Leader of the Federal Opposition. The ACT Greens stated they had concerns that the amendments proposed by the Commonwealth bill would have a negative impact on workers, including those in the Territory. The proposed amendment was negatived after a vote.
The motion was then agreed to by the Assembly without amendment.
Mr Brendan Smyth MLA (Brindabella—Canberra Liberals) moved a motion concerning issues within the Emergency Services Agency (ESA) on 24September.Terms of the motion included outlining a number of problems within the ESA. The motion also called on the relevant Minister to, on the first sitting day in November 2014, detail how he has addressed the issues. During the debate an amendment was moved by the Government which included noting the work that had been undertaken by the Government to support the ESA and its personnel.
The ACT Greens supported the proposed amendment by stating that they believed the amendment addressed a number of the issues raised in the original motion. The amendment was agreed to after a vote.
The amended motion was then passed by the Assembly.
Volunteering in the ACT was the subject of a motion moved on 24 September by MsMaryPorter MLA (Ginninderra—Australian Labor Party). The motion noted the valuable role played by over one-third of ACT residents who volunteer and included calling on the ACT Government to review and update the ACT Volunteering Statement to take account of developing trends and challenges. The motion received support by the Opposition and the ACT Greens with both parties acknowledging the important role of volunteers in the community.
The motion was passed without amendment.
Other motions debated on 24 September 2014 related to:
Costs of light rail—Mr Alistair Coe MLA (Ginninderra—Canberra Liberals)
Needle and syringe exchange program at the Alexander Maconochie Centre—MrAndrewWall MLA (Brindabella—Canberra Liberals)
The full debate on the above motions can be accessed from the Assembly Hansardsite.
Assembly business
Includes any business relating to the establishment or membership of a committee or the proposed referral of a matter to a committee. It also includes business which proposes to amend, disallow, disapprove or declare void any instruments which are made under specific Acts agreed to by the Assembly. Assembly business also includes any notice or order of the day which deals with the administration of the Assembly or how the Assembly conducts its proceedings
Motions debated
On 25 September debate resumed on a motion referring annual and financial reports to Assembly standing committeesand on an amendment moved by the Opposition on 18September. The amendment was agreed to by the Assembly.
The amended motion was passed.
A motion proposing the adoption of the ACT Lobbyist Regulation Guidelines was moved by the Government on 25 September. In moving the motion the Government stated they were happy that the integrity framework for Members of the Assembly was being further enhanced by the adoption of the guidelines.During debate the Opposition indicated their support for the motion and stated they also believed it strengthened the integrity framework.
The motion was passed without amendment.
Later in the day the Deputy Speaker made a statement informing the Assembly that, after consultation with the Clerk, the Speaker had determined that the commencement date for the new lobbyist arrangements would be 1January2015.
Matters of public importance
The following matters of public importance were discussed in the Assembly this week—
The importance of Government getting its healthcare priorities right for ACT residents—Mr Brendan SmythMLA (Brindabella—Canberra Liberals)
The importance of Government getting its education priorities right for ACT residents—Mr Brendan Smyth MLA (Brindabella—Canberra Liberals)
Papers presented
The following is a list of papers of interest that were presented:
2013-2014 Annual and Financial Reports—The following reports were presented by the relevant Ministers and the Speaker on 25September2014:
.ACT Building and Construction Industry Training Fund Authority
.ACT Electoral Commission
.ACT Gambling and Racing Commission
.ACT Human Rights Commission
.ACT Insurance Authority (including Office of the Nominal Defendant of the ACT)
.ACT Ombudsman
.ACT Policing
.ACT Policing Controlled Operations
.ACT Policing Surveillance Devices
.ACT Public Service—State of the Service Report (incorporating the Commissioner for Public Administration)
.ACTEW Corporation Limited
.ACTTAB Limited
.Capital Metro Agency
.Chief Minister and Treasury Directorate
.Commerce and Works Directorate
.Community Services Directorate
.Cultural Facilities Corporation
.Director of Public Prosecutions
.Economic Development Directorate
.Education and Training Directorate
.Environment and Sustainable Development Directorate
.Exhibition Park Corporation
.Health Directorate
.Independent Competition and Regulatory Commission
.Justice and Community Safety Directorate
.Land Development Agency
.Legal Aid Commission (ACT)
.Long Service Leave Authority
.Office of the Commissioner for Sustainability and the Environment
.Office of the Legislative Assembly
.Professional Standards Council
.Public Advocate of the ACT
.Public Trustee for the ACT
.Territory and Municipal Services Directorate
.Victim Support ACT
ACT Road Safety Report Card—2013 (presented by the Attorney-General on 23 September 2014)
ACT Greenhouse Gas Inventory Report 2011-2012—Final Report (presented by the Minister for the Environment on 23 September 2014)
ACT Strategic Bushfire Management Plan 2014-2019(presented by the Minister for Police and Emergency Services on 23September 2014)
Committee activities
Committee reports presented
Administration and Procedure—Standing Committee
Report 4—Standing order 241—Disclosure of proceedings, evidence and documents of committees
On 25 September the Speaker presented the committee’s report into standing order 241 which deals with the disclosure of proceedings, evidence and documents of committees.
The report included one recommendation—that new standing order 241(ba) be inserted. The new standing order would allow members of a committee to discuss a committee report with other MLAs, on a confidential basis, only after the committee had agreed to the final report.
The report was adopted by the Assembly and can be accessed here.
Scrutiny Committee
Scrutiny Report 23, dated22 September2014 (presented 23 September 2014)
This report contained the committee’s comments on13pieces of subordinate legislation, four government responses and government amendments to the Heritage Legislation Amendment Bill 2013.
Committee statements
Education, Training and Youth Affairs—Standing Committee
On 25 September the chair of the committee made a statement in relation to the committee’s consideration of statutory appointments and presented the following paper:
Schedule of Statutory Appointments for the period 1January to 30 June 2014.
Planning, Environment and Territory and Municipal Services—Standing Committee
The chair of the committee made a statement on 25September informing the Assembly that the committee iscurrently conducting an inquiry into the draft plan of management for Albert Hall.
Further information in relation to the inquiry can be found here.
Public Accounts—Standing Committee
On 25 September the chair made a statement in relation to the committee’s consideration of statutory appointments. At the conclusion of the statement the chair presented the following paper:
Schedule of Statutory Appointments for the period 1January to 30 June 2014.
The chair made a further statement on 25September concerning the committee’s decision to make no further inquiries into Auditor-General’s Report No. 2 of 2012: Whole-of-Government Information and Communication Technology Security Management and Services.
Government response
Planning, Environment and Territory and Municipal Services—Standing Committee
Report 5—Inquiry into Vulnerable Road Users(presented by the Attorney-General on 25September2014)
The Assembly will sit again on Tuesday, 21October 2014.
This document is produced by the Office of the Legislative Assembly for information.