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| Ian Gilfillan Australian Democrats Member of the Legislative Council |
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Legislative
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| Ian Gilfillan Australian Democrats Member of the Legislative Council |
Parliament Index |
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Debate on the Local Government
package of Bills. i.e.
This page covers only the Democrats amendment of provisions introducing a Code of Practice for Council meetings. For an index of other topics covered in the Local Government Bills, see the Democrats Local Government page, or the 1999 Budget Session Index |
(4) Before a council adopts, alters or substitutes a code of practice under this section it must—
(a) make copies of the proposed code, alterations or substitute code (as the case may be) available for inspection or purchase at the council's principal office; and (b) follow the relevant steps set out in its public consultation policy. The amendment deals with the code of practice at meetings. Members will recognise that this is consistent with a stream of amendments that I have moved (most of them successfully) to ensure that things such as principles are not left to regulations but are to be spelt out in the Act or not referred to at all. This is consistent with that. I have a replacement subclause (4). Just so that it makes some sense, subclause (1) provides: A council must prepare and adopt a code of practice relating to the principles, policies, procedures and practices that the council will apply for the purposes of the operation of parts 3 and 4. Those are the previous parts 3 and 4 of this Bill, relating to public access and keeping minutes. I would imagine that for most members my replacement subclause (4) is simply commonsense, to make sure that the public is informed of any changes and that there is some consistency in the way the policy is dealt with by the council.
573 The Hon. DIANA LAIDLAW: It will take a little bit of tolerance to argue this. I have been advised that the Government does not accept that subclause (4) should be removed. However, we are prepared to accept the Hon. Ian Gilfillan's substitute for subclause (4) if he is prepared to move it as a new subclause (4a). So, rather than delete subclause (4), if the honourable member is prepared to amend his amendment not to delete subclause (4) but move what he would wish to see provided, namely, public consultation, we could accept that as a new subclause (4a), its being renumbered as subclause (5) in the future.
The Hon. Ian Gilfillan interjecting: The Hon. DIANA LAIDLAW: We would support your amendment as long as you did not seek to delete subclause (4). If I were you I would take what I was offered. The Hon. IAN GILFILLAN: I am not prepared to accept the wording currently in subclause (4) because I profoundly object to a principle being included in a regulation. I have consistently said so right through the Bill and there is no reason why I should barter that away now. It is totally against the ethics of legislation. If there is a principle, the principle should be clearly displayed in the Act or forget it. Regulations are implementation procedures. They are not the venue for determining principles. The Hon. DIANA LAIDLAW: The honourable member need not get excited about this. Subclause (4) is already in the Act. There have not been regulations to date, but it is seen as a matter that we should retain. However, if the honourable member wishes to see this public consultation process we are prepared to accommodate that. I would have thought that what I offered was exceedingly reasonable; otherwise I will oppose it completely as I cannot accommodate it.The Hon. IAN GILFILLAN: I would like to withdraw my amendment for the total deletion of subclause (4), so that it stays. However, I move:
That the words `be consistent with any principle or requirement prescribed by the regulations and' be deleted. An amended subclause (4) would then provide: A code of practice must include any mandatory provision prescribed by the regulations. I do not have a problem with regulations describing provisions which match what is required in the Act. It is the principles to which I am objecting.The Hon. DIANA LAIDLAW: I am prepared to accept that measure. In fact, I think it is clearer.
The Hon. T.G. CAMERON: SA First will support the Democrats position.
Amendment carried.
The CHAIRMAN: I ask the Hon. Mr Gilfillan what he proposes to do with his amendment that is on file.
The Hon. IAN GILFILLAN: I accept the excellent advice that the Minister gave that it become subclause (4a). I move:
After line 11—Insert new subclause (4a). Amendment carried; clause as amended passed.