Matters of public importance
—your Assembly @ work
Sitting week—24 to 26 March 2015
Issue 4/2015
Condolence Motions
On 24 March, the Chief Minister moved a motion
of condolence expressing profound sorrow of the
death of the Right Honourable Mr John Malcolm
Fraser AC. A number of other Members addressed
the Assembly in support of the motion and at the
conclusion of the motion all Members of the
Assembly stood in silence as a mark of respect to
the memory of Mr John Malcolm Fraser AC.
Government business
Includes all business items presented to the
Assembly by the Executive including bills,
motions, and papers
Justice and Community Safety Legislation
Amendment Bill 2015
This bill contains amendments to a number of
Acts in the Justice and Community Safety
Directorate portfolio. The amendments are
intended to improve the operation of each
amended law without amounting to a major
change in policy. (presented 26 March 2015).
Human Rights Amendment Bill 2015
This Bill gives effect to the conclusions of the
2014 review of the Human Rights Act 2004
(HRA) – ‘Economic, social and cultural rights in the
Human Rights Act 2004’ (the 2014 review) which
the Attorney-General tabled in the Legislative
Assembly on the 27 November 2014.(presented
26 March 2015).
Planning, Building and Environment
Legislation Amendment Bill 2015
The bill proposes minor policy and editorial
amendments to the Building Act 2004 and
Building (General Regulation) 2008, the
Construction Occupations (Licensing) Act 2004 and
Construction Occupations (Licensing) Regulation
2004, the Planning and Development Regulation
2008, the Work Health and Safety Regulation 2011,
Environment Protection Act 1997 and the Utilities Act
2000.
Minor policy amendments to Building Act and
Regulations and Construction Occupations
(Licensing) Act and Regulations and Work Health
and Safety Regulation. (presented 26 March 2015).
Children and Young People Amendment
Bill 2015
The purpose of this Bill is to make amendments
to the Children and Young People Act 2008 (the
Act) that will increase the efficiency of the
Children and Young People Death Review
Committee (the Committee). The proposed
amendments relate to administrative matters and
will have little direct impact on the core work of
the Committee. (presented 26 March 2015).
Bills debated
University of Canberra Amendment Bill
2015—
Summary: This bill amends the University of
Canberra Act 1989, to give the University of
Canberra greater clarity of purpose and authority
in creating and pursuing commercial
opportunities and modernises some of its
governance arrangements.
Proceedings: Debate resumed on the proposed
legislation on 24 March, the Opposition opposed
some of the clauses however they were passed
with the support of the ACT Greens.
The bill was passed without amendment.
Domestic Animals (Breeding) Legislation
Amendment Bill 2015—
Summary: This bill will amend the Animal Welfare
Act 1992 to create a new offence of intensively
breeding a female cat or dog contrary to a
breeding standard declared by the Minister. The
Bill also inserts an objects clause into the Animal
Welfare Act to aid in its interpretation.
Proceedings: Debate resumed on the proposed
legislation on 24 March with all parties in the
Assembly supporting the bill.
The bill was passed without amendment.
Annual Reports (Government Agencies)
Amendment Bill 2014—
Summary: This bill amends the Annual Reports
(Government Agencies) Act 2004 which governs the
requirements for annual reporting. The bill
allows annual report requirements to be
consolidated into the Annual Report Directions
by omitting them from numerous unrelated
Acts.
Proceedings: Debate was adjourned, and the bill
was referred to the Standing Committee on
Public Accounts for inquiry and report.
Courts Legislation Amendment Bill 2015—
This bill will amend several pieces of legislation
to make practical improvements to the courts
and coronial systems in the ACT. Legislation to
be amended includes the Magistrates Court Act
1930, Coroners Act 1997, Court Procedures Act 2004,
Supreme Court Act 1933 and the Oaths and
Affirmations Act 1984. (presented 19 February 2015).
Proceedings: Debate resumed on the proposed
legislation on 26 March. The Minister moved an
amendment which was passed by the Assembly.
The amended bill was then agreed to by the
Assembly.
Ministerial statements
On 24 March the Chief Minister made a statement
providing an update on progress of the work of the
Asbestos Response Taskforce, including the
progress of the Buyback Program and how
homeowners are being supported through this
process.
Also on 24 March, the Minister for Children and
Young People made a statement concerning the
Interim Children and Youth Services Ministerial
Advisory Council. The statement was focused on
services for vulnerable children and young people to
give children in care stable and productive lives.
Followed by this statement the Minister for Disability
made a statement on the ACT Government
Supporting a Strong Local Disability Sector.
On 26 March the Minister for Justice made a
statement regarding Justice Portfolio issues and
provided an update on the progress of the
construction of additional facilities at the Alexander
Maconochie Centre.
Also on 26 March the Minister assisting the Chief
Minister on Transport Reform made a statement
concerning transport reform and an update of the
planned work for this portfolio. The portfolio focuses
on confronting challenges and recognises that
transport is integral to how our city grows and
develops into the future.
The full text of statements can be found here.
Private Members’ business
Includes all items presented to the Assembly
by all non-Executive Members, including bills
and motions
Motions debated
Mr Jeremy Hanson MLA (Molonglo—Canberra
Liberals) moved a motion on 25 March relating
to the centenary of Anzac. The motion outlined
the importance of Australians that have sacrificed
their lives or who have been wounded in war and
to express support for the defence community in
Canberra comprising of ADF members, defence
families, veterans and Ex Service Organisations.
The motion was then agreed to by the Assembly.
Economic and social benefits of skills
education and training was the subject of a
motion moved by Ms Mary Porter MLA AM
(Ginninderra—Australian Labor Party) on 25
March. The motion called on the Government to
ensure that the ACT continues to benefit from
the economic and social benefits of skills
education and training, and that these benefits
are easily accessible through TAFE and CIT.
Mr Andrew Wall MLA (Brindabella—Canberra
Liberals) moved a motion relating to the
Alexander Maconochie Centre—Security.
The motion called on the Government to
develop a new strategy to deter and detect
contraband entering and exiting the AMC and to
provide a briefing on this strategy upon request.
The Greens moved an amendment and after
further debate the amended motion was then
agreed to by the Assembly.
Ms Meegan Fitzharris MLA (Molonglo—Labor
Party) moved a motion relating to community
events in the ACT. The motion called on the
Government to continue to deliver high quality
events for the community and to work with local
business and community sector to promote a
wide range of events in Canberra.
The motion was then agreed to by the Assembly.
Ms Nicole Lawder MLA (Brindabella—Canberra
Liberals) moved a motion relating to asbestos
and Housing ACT properties.
Bills debated
Government Procurement (Transparency
in Spending) Amendment Bill 2014—
Summary: This bill will amend the Government
Procurement Act 2001 and the Government
Procurement Regulation 2007 to improve
transparency and accountability surrounding
Government expenditure
Proceedings: Debate on the Bill was adjourned.
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 26 March, Mr Brendan Smyth MLA
(Brindabella—Canberra Liberals) moved a motion
which would establish a Select Committee on
Estimates 2015-2016 to inquire into elements
impacting on the future of the ACT clubs sector.
An amendment was moved by the Minister for
Racing and Gaming which referred the motion to
the Standing Committee on Public Accounts for
inquiry and report.
The motion, as amended, was then agreed to by
the Assembly.
Matters of public importance
The following matters of public importance were
discussed in the Assembly this week—
The importance of investor confidence in
the ACT—Ms Meegan Fitzharris MLA
(Molonglo—Labor Party)
The importance of genuine urban
renewal in the ACT—Ms Nicole Lawder
MLA (Brindabella—Canberra Liberals)
Papers presented
The following is a list of papers of interest that
were presented:
Out-Of-Order Petition concerning Dickson
shopping precinct development was presented on
March 26, with 243 signatures.
Petition
One petition was received this week and referred
to the relevant Minister—
Public transport service—Parliamentary Zone to
Manuka and Kingston—sponsored by
Mr Steve Doszpot MLA (Molonglo—Canberra
Liberals) (Referred to Minister for Territory and
Municipal Services).
Committee activities
Committee reports presented
Justice and Community Safety—Standing
Committee —Report 3—Inquiry into
annual and financial reports 2013-2014,
dated 24 March 2015.
On 24 March 2015 the Chair of the Standing
Committee on Justice and Community Safety
tabled the Committees’ report on annual reports
2013-2014.
In the course of the inquiry the Committee held
hearings on two days and heard from 35
witnesses, including the Attorney-General and his
officers; the Minister for Corrections (now
Minister for Justice) and his officers; and the
Minister for Workplace Safety and Industrial
Relations and his officers.
The Committee also heard from statutory officers.
Notably, this was the first time the ACT Electoral
Commissioner appeared before the Committee in
annual reports hearings in his new role as an
officer of parliament.
In the report the Committee made five
recommendations.
First, the Committee recommended that the ACT
Government publish all submissions to its inquiry
into law reform on double jeopardy.
offences, recidivism rates were high, and
compared poorly with other jurisdictions in
Australia, and the Committee took the view that
there should be a concerted effort by
government to reduce recidivism in the ACT.
Second, the Committee recommended that the
Emergency Services Agency discipline staff found
to have been involved in inappropriate behaviour.
The Committee made 55 recommendations
which addressed this and other concerns.
Third, the Committee recommended that if the
ACT government were to propose a change to
legislation so as to target outlaw motorcycle
gangs, that the government should propose a
motion in the Assembly which, if passed, would
refer the proposed legislation to the Standing
Committee for inquiry and review.
First, the Committee recommended the
establishment of a sentencing council, which
would respond to what the Committee found to
be an under-developed state of knowledge on
sentencing in the ACT, and the limited
availability of reliable information, including
information available to the public.
Fourth, the Committee found that demands are
increasing on statutory agencies but resourcing has
not followed suit, and recommended that the
ACT Government develop a new funding model
for statutory agencies and fund agencies
accordingly.
Fifth, the Committee noted that the Human
Rights Act 2004 did not offer an avenue whereby
the Human Rights Commission could accept
human rights complaints, and that a person with a
human rights complaint was obliged to approach
the ACT Supreme Court, at considerable cost. In
light of this the Committee recommended that an
avenue be created so that the ACT Human Rights
Commissioner could accept human rights
complaints.
Justice and Community Safety—Standing
Committee —Report 4—Inquiry into
Sentencing, dated 24 March 2015.
On Tuesday 24 March 2015 Chair of the
Standing Committee on Justice and Community
Safety tabled the Committee’s report on
sentencing.
This was an extensive inquiry, commencing 1st
of May 2013, with broad terms of reference,
which included sections on each part of the
criminal justice system; legal frameworks for
sentencing; practical matters such as the
administration of bail, parole and restorative
justice; and alternative approaches to sentencing
practice.
The Committee found that on balance sentencing
in the ACT is in good shape. Importantly, Courts
retained a proper level of judicial discretion, and
the ACT had fairly modest rates of offending and
a low number of prisoners in custody. However,
within the cohort of people who did commit
Second, the Committee recommended the
establishment of an Intensive Corrections Orders
regime in the ACT in order to provide a
comprehensive, flexible suite of sentencing
options, monitoring and rehabilitation
particularly in view of the high prevalence of
drug and alcohol use amongst offenders in all
jurisdictions.
In addition, the Committee found that there
were a number of specific areas in which present
arrangements could be improved upon.
In brief, in relation to court processes, the
Committee recommended that the Government:
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introduce de novo appeals;
set realistic timelines for lodging appeals after
sentence is handed down;
allow judicial officers to take account of
forfeiture of property when determining
sentence;
reform listing practices in the Magistrates
Court;
create alternatives to remand;
provide a remedy where costs accrue through
no fault of the accused; and
expand the scope and operation of the ACT's
restorative justice scheme, for both youth and
adult offenders.
In relation to Domestic Violence and Victims of
Crime, the Committee recommended that the
Government:
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continue current legislative and other support
for the ACT Family Violence Intervention
Program (FVIP); and
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empower courts to adjourn sentencing
proceedings to allow time for Victim Impact
Statements to be provided.
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In relation to the rehabilitation of offenders, the
Committee recommended that the Government:
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evaluate, on an ongoing basis, rehabilitation
programs for offenders;
allow accused persons on bail and remand
access to rehabilitation programs currently
only available to sentenced prisoners;
enhance reporting on recidivism in the ACT;
In relation to Indigenous offenders, the
Committee recommended that the
Government:
introduce an explicit statutory requirement for
courts to consider the Indigenous status of
offenders;
create a mechanism similar to Canadian Gladue
reports in which the relationship between
offending and Indigenous status, in particular
cases, are set out for the information of the
court;
recognise the Galambany Circle Sentencing
Court in statute;
expand options for the rehabilitation of
Indigenous offenders; and
commission the Ngunnawal Bush Healing Farm
by the end of 2017.
In relation to offenders with drug and alcohol
problems, the Committee recommended that the
Government:
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create a drug court in the ACT;
introduce a coordinated suite of drug diversion
programs;
investigate the criminogenic implications of
early exposure to drug use; and
expand the scope of the ACT Community and
Work Order Program.
In relation to offenders with mental health
problems, the Committee recommended that the
Government:
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increase judicial discretion on questions of
defendants' mental capacity;
provide appropriate arrangements for
sentenced offenders who are primary carers for
children;
In relation to youth offenders, the Committee
recommended that the Government:
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create a single point of coordination for
services brought to bear in youth and adult
criminal justice systems;
create an ACT Diversion Plan for young
offenders; and
survey the health and wellbeing of children in
the youth justice system.
In relation to parole, the Committee
recommended that the Government:
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provide courts with a discretion to cancel
parole where a parolee is accused of
committing a crime;
allow courts, for shorter sentences, to make
parole orders at time of sentence;
provide discretion to the Sentence
Administration Board as to how much of a
sentence should be served where parole is
breached;
specify in statute circumstances in which parole
may be revoked; and
provide that the Sentence Administration
Board publish its decisions.
In relation to bail, the Committee recommended
that the Government:
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create a single risk-based approach under
which courts would consider applications for
bail.
Public Accounts—Standing Committee—
Report 9—Review of Auditor-General’s
Report No.3 of 2014: Single Dwelling
Development Assessments, dated 10 March
2015.
Public Accounts—Standing Committee—
Report 10—Review of Auditor-General’s
Report No.3 of 2013: ACT Government
Parking Operations, dated 12 March 2015.
Education, Training and Youth Affairs—
Standing Committee—Report 3—Report
on Annual and Financial Reports 2013-2014,
dated 26 March 2015.
Public Accounts—Standing Committee—
Report 11—Report on Annual and Financial
Reports 2013-2014, dated 12 March 2015.
Scrutiny Committee
Scrutiny Report 30, dated 10 March 2015
(presented 25 March 2015).
This report contained the committee’s
comments on 27 pieces of subordinate
legislation, one government response and one
regulatory impact statement. The report was
circulated to members when the Assembly was
not sitting.
Committee statements
Planning, Environment and Territory and
Municipal Services—Standing
Committee—Consideration of Statutory
Appointments
On 24 March the chair of the committee made a
statement concerning consideration of statutory
appointments by the Standing Committee on
Public Accounts and presented the following
paper:
Schedule of Statutory Appointments for the
period 1 July to 30 December 2014.
Education, Training and Youth Affairs—
Standing Committee—Schedule of
Statutory Appointments
On 26 March the chair of the committee made a
statement concerning consideration of statutory
appointments by the Standing Committee on
Public Accounts and presented the following
paper:
Schedule of Statutory Appointments for the
period 1 July to 31 December 2014.
Next sitting
The Assembly will sit again on Tuesday,
5 May 2015.
This document is produced by the Office of the
Legislative Assembly for information.