Matters of public importance
—your Assembly @ work
Sitting week – 26 to 28 November 2013
Issue 12/2013
Government business
Includes all business items presented to the
Assembly by the Executive including bills,
motions, and papers
Bills introduced
Totalisator Bill 2013—
This bill will form the basis for the conduct of
totalisators and the regulation of totalisator
betting. This bill also repeals the Betting
(ACTTAB Limited) Act 1964 and Gambling and
Racing Control Act 1999 (presented 28 November
2013).
Construction and Energy Efficiency
Legislation Amendment Bill 2013
(No. 2)—
This bill will amend a number of laws
administered by the Environment and
Sustainable Development Directorate to
improve the operation of regulations applying to
construction and related work and the Energy
Efficiency Improvement Scheme. The bill also
introduces new offences penalties as a result of
recommendations from a previous review of
building quality and an ongoing review of the
Building Act 2004 (presented 28 November 2013).
Bills debated
Courts Legislation Amendment Bill
2013—
Australian Capital Territory (Ministers)
Bill 2013 (No. 2)—
This bill will put into practice measures to
Summary: This bill provides for the number of
ministers for the ACT to be increased to a
maximum of nine.
improve the efficiency of the Magistrates Court,
the ACT Civil and Administrative Tribunal and
the operation of the ACT coronial system and
post-mortem processes and practices. The bill
will also improve the criminal and civil justice
system (presented 28 November 2013).
Road Transport (Alcohol and Drugs)
Amendment Bill 2013—
This bill will amend Territory legislation to
improve the effectiveness of the roadside
alcohol and drug testing scheme (presented
28 November 2013).
Births, Deaths and Marriages Registration
Amendment Bill 2013—
This bill will amend Territory legislation to
further the legal recognition of sex and gender
diverse people in the ACT (presented 28 November
2013).
Payroll Tax Amendment Bill 2013
(No. 2)—
Summary: This bill will amend the Payroll Tax
Act 2011 to bring the operation of the Act into
greater harmonisation with other jurisdictions.
Long Service Leave (Portable Schemes)
Amendment Bill 2013
Summary: This bill will make technical
amendments to the Long Service Leave
(Portable Schemes) Act 2009 to ensure that
portable schemes are effectively administered.
Proceedings: These three bills received the support
of both the Canberra Liberals and the ACT
Greens when debate resumed on them on
26 November 2013.
The bills were passed without amendment.
Crimes Legislation Amendment Bill 2013
Summary: This bill addresses criminal justice
legislation issues that have arisen and will amend
legislation to enable improvements to be made to
the criminal justice system.
Heavy Vehicle National Law (ACT) Bill
2013
Summary: This bill will apply the Heavy Vehicle
National Law to the Territory and will create the
regulatory framework for heavy vehicle road
transport and establish the National Heavy
Vehicle Regulator to administer this law.
Heavy Vehicle National Law
(Consequential Amendments) Bill 2013
Summary: This bill will make amendments to
existing Territory road transport legislation by
removing references to heavy vehicles for
matters covered by the National Law and the
Heavy Vehicle National Law (ACT) Act.
Proceedings: These three bills also received the
support of all parties when debate resumed on
them on 28 November 2013.
The bills were passed without amendment.
Ministerial statement
The Minister for Disability, Children and Young
People made a statement on 28 November in
relation to the national disability insurance
scheme. During the statement the Minister
advised the Assembly that some 800 people with
a disability had been the successful recipients of
the first round of the Enhanced Service Offer and
that the second round has recently closed and is
being assessed.
Full text of the statement is provided in Hansard.
Private Members’ business
Includes all items presented to the Assembly
by all non-Executive Members, including bills
and motions
Motions debated
On 27 November 2013, Dr Chris Bourke MLA
(Ginninderra—Australian Labor Party) moved a
motion in relation to the University of
Canberra Sports Common project, which
called on the Assembly to support the project and
lobby the Federal Government to honour the
Regional Development Fund commitment.
Mr Shane Rattenbury (Molonglo—ACT Greens)
moved an amendment which he felt would better
reflect his understanding of the situation and how
the Regional Development Fund works. The
amendment was passed with the support of the
Government.
The amended motion was passed by the Assembly.
Elective surgery waiting lists was the subject
of a motion moved by Mr Jeremy Hanson MLA
(Molonglo—Canberra Liberals) on 27 November
2013. The motion highlighted concerns raised by
the Auditor-General during a performance audit
and by doctors through the media. The motion
also called on the Health Minister to initiate an
independent inquiry into the doctors’ allegations
that the elective surgery waiting lists are being
manipulated.
The Minister for Health indicated that the
Government would not support the motion and
moved an amendment, which was passed with the
support of the ACT Greens.
The amended motion was passed by the
Assembly.
Further motions moved on 27 November related
to:
- The light rail network—Mr Mick Gentleman
MLA (Brindabella—Australian Labor Party).
- The Emergency Services Agency—
Mr Brendan Smyth MLA (Brindabella—
Canberra Liberals).
- Playgrounds—Mrs Giulia Jones MLA
(Molonglo—Canberra Liberals).
- The Alexander Maconochie Centre—
Mr Jeremy Hanson MLA (Molonglo—
Canberra Liberals)
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 28 November, a motion was passed which
amended the reporting date of the Select
Committee on Regional Development. The
Committee will now report “no later than the first
sitting day in February 2014”.
Also on 28 November, both Dr Chris Bourke
MLA (Ginninderra—Australian Labor Party) and
Mr Brendan Smyth (Brindabella—Canberra
Liberals) moved motions to amend the standing
orders, which relate to the consideration of
reports by Assembly committees.
The Canberra Liberals did not support
Dr Bourke’s motion as they wished to wait for a
review of the standing orders. The motion was
eventually passed with the support of the ACT
Greens. Mr Smyth’s motion was adjourned,
pending a review of the relevant standing orders
by the Standing Committee on Administration and
Procedure.
The Assembly sitting pattern for 2014 was
eventually agreed to on 28 November, after an
amendment from Mr Smyth proposing to add
another two sitting weeks to the pattern was
defeated.
Matters of public importance
The following matters of public importance were
discussed in the Assembly—
Canberra’s Centenary—Ms Porter MLA
(Ginninderra—Australian Labor Party)
(26 November 2013)
Overregulation—Mr Doszpot MLA
(Molonglo—Canberra Liberals (28 November
2013)
Petitions
Four petitions were lodged this week, including
the first e-petition to have been received by the
Assembly—
- Pedestrian safety—McBryde Crescent,
Wanniassa—E-petition lodged by Ms Lawder
MLA (Brindabella—Canberra Liberals).
- Mount Majura Nature Reserve—Petition
lodged by Ms Gallagher MLA (Molonglo—
Australian Labor Party).
- Weston Creek—Request for additional petrol
station—Petition lodged by Mr Barr MLA
(Molonglo—Australian Labor Party).
- Proposed large scale solar generator plant—
Uriarra Village—Petition lodged by Mr Wall
MLA (Brindabella—Canberra Liberals).
Papers presented
The following is a list of papers of interest that
were presented:
Property Crime Reduction Strategy 20122015—Canberra: a safer place to live—Progress
report 2012-2013 (presented by the AttorneyGeneral on 26 November).
ACT Children and Young People Death Review
Committee—Annual report 2012-2013
(presented by the Minister for Disability, Children and
Young People on 26 November).
Approval of Variation No. 305 to the Territory
Plan—Mugga Lane Resource Management
Centre—Jerrabomberra Block 2247 (presented by
the Minister for the Environment and Sustainable
Development on 28 November).
Committee activities
Committee inquiries—
Standing Committee on Planning,
Environment and Territory and
Municipal Services
The Committee held its third public hearing for
its inquiry into annual and financial reports.
On 6 November 2013, the Committee heard
from the Minister for Territory and Municipal
Services and directorate officials to examine
sections of the Territory and Municipal Services
Directorate Annual Reports related to ACTION
and Roads ACT.
A range of matters were discussed throughout
the hearing, including:
-
MyWay ticketing system;
Accessibility of the ACTION fleet;
Implementation of the NXTBUS system;
Development of Network 14;
Trial of the automated messaging system at
Belconnen bus station;
- Integration study into light rail currently
being undertaken;
- Progress update on the Majura Parkway;
- Bike paths; and
- Parkes Way widening project.
For further details, please refer to the transcript of
evidence.
Standing Committee on Public Accounts
Inquiry into 2012–13 Annual reports:
On 4 November 2013, the Committee held its
first public hearing into referred 2012–2013
annual reports. The Minister for Racing and
Gaming, Ms Joy Burch MLA, appeared before
the committee with officials from the Economic
Development Directorate and the ACT
Gambling and Racing Commission. The
Committee examined the 2012–2013 annual
reports of the Economic Development
Directorate relating to racing and gaming policy
and the ACT Gambling and Racing Commission.
In the course of the hearing, the Committee’s
discussion with witnesses included:
- the Territory’s community-based gaming
model;
- prohibition on operating gaming machines in
the Casino Control Act 2006;
- update on the Commission’s targeted research
projects with the Australian National
University’s Centre for Gambling Research;
- problem gambling support services and
programs;
- red tape reduction in the area of gambling
regulation;
- gaming machine regulation—licence
cancellations; applications to relocate gaming
machines; and breaches under the Gaming
Machine Act 2004;
- memorandum of understanding with
ClubsACT;
- ClubsAct establishment of a women in clubs
network;
- casino regulation—compliance audits of
Canberra Casino; and
- online betting on amateur sports in the ACT
by companies based interstate or overseas.
Standing Committee on Justice and
Community Safety
On 6, 13, 14 and 20 November 2013 the
Standing Committee on Justice and Community
Safety held public hearings for its inquiry into
Annual Reports 2012-2013. In these hearings the
Committee considered the following matters.
6 November 2013 – Statutory officers:
- a review by JACS Directorate of
administrative arrangements for agencies
engaged in supporting rights, such as the
Human Rights Commission;
- a report by the Human Rights Commission on
bullying of disabled students in schools;
- whether the Human Rights Commission
would perform a human rights audit at the
Alexander Maconochie Centre (AMC);
- numbers of complaints coming to the Human
Rights Commission;
- comment by the Victims of Crime
Commissioner on court delays and their
impact on victims of crime;
- comment by the Legal Aid Commission on
costs of the Eastman inquiry and the adequacy
of Commonwealth funding of legal aid;
- comment by the Public Advocate on work
volume and workloads in her office; and
- comment by the Public Trustee on the role of
his office, administrative costs and staffing.
13 November—Corrections:
- periodic detention and drug and alcohol
programs;
- trends in breaches of parole;
- the work of the Gallambany Circle Court;
- the higher present rate of occupancy at the
AMC, its effects, and plans for expansion;
- community Service Orders;
- recidivism in the justice system;
- the proposed Need and Syringe Program at
the AMC;
- lockdowns at the AMC;
- human rights compliance at the AMC;
- recent court decisions relating to the work of
the Sentence Administration Board; and
- the work of the Electoral Commission,
including campaign finance, electronic voting,
rates of voter turnout, electronic electoral
rolls, and automatic enrolment.
14 November - Industrial Relations, Emergency
Services and ACT Policing:
- responses to sham contracting in the ACT;
- workplace bullying in the ACT public sector;
- expansion of the Portable Long Service Leave
Scheme;
- numbers and unit cost of workers'
compensation insurance policies;
- cost recovery for the regulatory burden of the
workers compensation scheme;
- implementation of recommendations from the
Getting Home Safely report;
- the work of the ACT Long Service Leave
Authority;
- upgrade of the Emergency Services
communications network;
- publication of information about flood zones;
- ACT Policing's Alcohol Targeting Team; and
- staffing levels in ACT Policing.
20 November – Justice and Community Safety
Directorate:
- referrals to restorative justice;
- effects of the efficiency dividend on the
Directorate;
- the response from the community at the
passing of the Marriage Equality Act;
- an update on bullying complaints at the
Canberra Institute of Technology (CIT);
- legislative and policy responses to bullying;
- the work of Office of Regulatory Services
(ORS) inspectors in the automotive and
security industries;
- effects of the 'blitz' on court delays;
- effect of Restorative Justice on offenders and
victims;
- court security;
- comment by the Director of Public
Prosecutions on ways to reduce court delays;
and
- the forthcoming appearance by the SolicitorGeneral in the High Court with regard to the
Marriage Equality Act.
Next sitting
The Assembly will sit again on Tuesday,
25 February 2014.
This document is produced by the
Office of the Legislative Assembly for information.