Legislative assembly for the australian capital territory


Justice and Community Safety—Standing Committee



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Justice and Community Safety—Standing Committee

Scrutiny report 34



MR DOSZPOT (Molonglo): I present the following report:
Justice and Community Safety—Standing Committee (Legislative Scrutiny Role)—Scrutiny Report 34, dated 28 July 2015, together with the relevant minutes of proceedings.
I seek leave to make a brief statement.
Leave granted.
MR DOSZPOT: Scrutiny report 34 contains the committee’s comments on 10 bills, 24 pieces of subordinate legislation, eight government responses and government amendments to the Children and Young People Amendment Bill 2015 (No 2). The report was circulated to members when the Assembly was not sitting. I commend the report to the Assembly.

Leave of absence

Motion (by Dr Bourke) agreed to:


That leave of absence be granted to Ms Fitzharris for today’s sitting due to illness.

Administration and Procedure—Standing Committee

Report 6



MADAM SPEAKER: I present the following report:
Administration and Procedure—Standing Committee—Report 6—The Conduct of Ms Burch MLA, dated 19 June 2015, together with a copy of the extracts of the relevant minutes of proceedings.
The report was circulated to members when the Assembly was not sitting.
Motion (by Mr Rattenbury) proposed:
That the report be noted.
MS BURCH (Brindabella—Minister for Education and Training, Minister for Police and Emergency Services, Minister for Disability, Minister for Racing and Gaming and Minister for the Arts) (10.20): I would like to say a few words on this report. I am pleased that this investigation has come to a conclusion, and that it came to the right and obvious conclusion—that this complaint be dismissed.
This came about because Mr Hanson and the Canberra Times through Kirsten Lawson made a series of serious allegations against me. It is easy to make serious allegations, but it matters not how many times those allegations are made when they do not provide the truth. It is easy to stand and smear, and to put out commentary to the public without substance, and that, to me, is what this was about.
It provided an opportunity for Mr Hanson and others to bring my family and some very difficult times into this place—unprecedented scrutiny of me and of my family’s actions. I found it, as I said then, heartbreaking and disturbing that that was allowed to be the case. Each and every member of the Canberra Liberals joined in that festivity, in trying to implicate me for something I did not do. They had no boundaries or barriers as to how they were prepared to use my son as a political football in this debate.
In short, when I read through this report, I looked with interest at the material that Mr Hanson provided to Dr Ken Crispin. What was missing, though, was the statements that I made in this Assembly, the responses to questions in question time in this Assembly and the public comments made by Menslink. Menslink have put into the public domain free and open comment that I have provided. This is my use of language, because every time I speak about this I get emotional. They provided the frank and open comment that I did not interfere or ask them to do anything improper.
I will finish by simply quoting a couple of paragraphs from the review. Paragraph 111 states:
In my opinion, the evidence does not establish that the Minister committed any breach of the principles expressed in the Code of Conduct either by failing to intervene in order to prevent her son visiting ACT schools or to ensure that such visits did not involve any breach of the Act.
Paragraph 129 states:
She also cooperated fully with the investigation as required … I do not believe that the section required her to do more.
Paragraph 130 states:
There may be situations in which the general duty to act in the public interest will require a Member to offer a full and frank explanation on his or her own initiative. However, the section does not, in my opinion, impose a general requirement for Members who have not been guilty of any misconduct to provide pre-emptive explanations in case the finger of suspicion may come to fall upon them at some time in the future.
I will conclude by reading the final sentence in this report. Paragraph 133 states:
I recommend that the complaint be dismissed.
I hope, for all here, that that is where it ends. It was a difficult time for me. It was completely unnecessary. I believe it was made for political gain, as I said. It is very easy to use a position in this Assembly and the media to make allegations. You can say them a thousand times; it does not mean they are true.
I also take this opportunity to thank my colleagues for their support through this difficult time. I also make note of and accept that my adult son was found wanting, but that he is an incredibly bright young man. He has turned his future around, and I will not let Mr Hanson or any of the Canberra Liberals tear him down again from the successful young man that he has turned out to be.
Question resolved in the affirmative.

Planning, Environment and Territory and Municipal Services—Standing Committee

Report 8



MR COE (Ginninderra) (10.22): On behalf of the chair, and as deputy chair, I present the following report:
Planning, Environment and Territory and Municipal Services—Standing Committee—Report 8—Draft Variation to the Territory Plan No. 309—Turner Bus Layover, dated 9 June 2015, together with a copy of the extracts of the relevant minutes of proceedings.
I move:
That the report be noted.
I happily present this report into the Turner bus layover. It was an inquiry that commenced on 23 October. We held one public hearing, we received a couple of submissions and heard from six witnesses.
The report includes five recommendations. The committee recommended that the draft variation to the territory plan No 309 proceed, and I understand that the Minister for Planning will be tabling this variation later today. The committee also made recommendations around prohibited uses of land justified by temporary use provisions, landscaping and upgrades in the Turner parklands, and the availability of open spaces in areas of high density living.
During the public hearings we heard of some interesting ways in which the land was procured by the ACT government and, in turn, by the Australian National University, and of the land swap which occurred in order to facilitate this outcome. There were some vagaries about the actual status of the temporary car park and under what provisions that was actually allowed. It was, I believe, temporary or an ancillary use of the block. That is something that needs to be ironed out for future land uses that may indeed be confusing to members of the public, especially when it is technically unleased public land or urban open space.
The committee would like to extend our thanks to everyone who provided information and evidence to the inquiry, including directorate officials, organisations and members of the community. I would especially like to extend my thanks, on behalf of the chair, to Mr Hamish Finlay, the secretary of the committee, and for the great administrative support provided by Lydia Chung and Mr Panduka Senanayake.
Question resolved in the affirmative.



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