Committees - Standing Orders

Speech by Dr C. Burns on behalf of Hon. P. Henderson

Members Code of Conduct

Dr BURNS : Madam Speaker, I move that the report be adopted.

On 20 June 2002, the Chief Minister tabled the two draft documents which were referred to the Standing Orders Committee for inquiry and report back to the Assembly. The tabling of the draft document was proceeded in March 2002 when the Speaker, Hon Loraine Braham MLA, wrote to the Chief Minister and the Leader of the Opposition suggesting that the Standing Orders Committee consider a reference on a code of conduct for members and, as a starting point for this consideration, forwarded a copy of the draft code of conduct which had been tabled in the Western Australian Legislative Assembly by the Premier, Hon Jeff Gallop MLA.

In conducting its inquiry, the committee has held 11 meetings at which the reference was discussed in detail. Advice of the reference and copies of the documents tabled by the Chief Minister were posted on the Northern Territory Legislative Assembly web site, together with an invitation to provide written submissions. The presiding officers and Clerks of all Australian parliaments, the Northern Territory Auditor-General, the Northern Territory Anti-Discrimination Commissioner, and the Queensland Crime and Misconduct Commission received formal advice of the reference and were invited to provide a written submission.

Written submissions were received from Mr Gerry Wood MLA, member for Nelson; the New South Wales Legislative Assembly Standing Ethics Committee; and Mr Mike Blake, the Northern Territory Auditor-General. An informal submission was received from the Queensland Legislative Assembly Members' Ethics and Parliamentary Privileges Committee. In the course of its inquiry, the committee met with Mr Howard Whitten, the consultant involved in drafting amendments to the act and the draft code of conduct and ethical standards. That meeting was held on September 2002, and discussions covered a wide range of issues that had been raised during meetings of the committee. I was very pleased to be attending that particular meeting. I found it very, very productive.

Mr Whitten provided additional information in respect of proposed amendments to the act and, in particular, various issues of spouse and family reporting requirements, reporting of the value of real estate, shares and other holdings, and provisions in other Australian and overseas jurisdictions. Discussions also included the recommendations contained in the submission from the Auditor-General, which were to the effect that it would be more appropriate that the Clerk of the Legislative Assembly retain the role of Registrar of register of members' interests, and that the Auditor-General should have a role in respect of making inquiries, reaching findings of facts, and providing reports to the Assembly in accordance with the requirements of procedural fairness in respect to any alleged breaches of the requirements of the proposed new code and act.

The committee also benefited significantly from a meeting with the members of the New South Wales Legislative Assembly Standing Ethics Committee. In 2002, that committee completed a review of the code of conduct first adopted in the New South Wales parliament in 1998 and, through the chairman, Mr John Price MP, expressed interest in a comprehensive range of matters covered in the draft Northern Territory code. In late 2002, members of the New South Wales committee undertook a study tour which included the Northern Territory, and a meeting was arranged with the Standing Orders Committee in November of that year. The meeting was most informative and beneficial to members of the committee in its consideration of the matters contained in the reference. In addition to the meeting with the New South Wales committee, the committee also considered and discussed a range of documents prepared in relation to the draft code of conduct and ethnical standards.

In preparing this report, the committee reviewed those codes used by other parliaments and, in reaching a conclusion in respect of the appropriate form of the code, the committee determined that it was not practical to have a code that was simply a compendium or statement of highly detailed regulatory provisions which prescribe every aspect of a member's parliamentary and private life. Rather, the committee agreed that the code should contain a statement of essential principles to provide guidance to members in fulfilling their duties, functions and obligations as members of the Assembly.

Madam Speaker, the amendments made by the committee to the draft code as proposed in the document tabled by the Chief Minister adhere to those fundamental objectives and include the range of principles and specific standards that were set out in that draft including four major principles established by the code: integrity, accountability, responsibility and public interest. The draft code also contains a commentary which explains the major reasons and objectives which underpin each of these principles. Major principles and standards included in the code are: firstly, the honest exercise of the duties and responsibilities of a member uninfluenced by conflicts of interest; secondly, appropriate declaration of personal interest; thirdly, the requirement for members to act honestly in official dealings and to correct misleading or incorrect information given by them; fourthly, the restriction of certain forms of private capacity employment for one year after ceasing to be a member; fifthly, the prohibition of taking improper personal advantage of a privileged position; sixthly, a provision for members to accept official gifts in accordance with natural custom, but not to seek or encourage any form of gift or benefit; and lastly, the requirement that members shall not hold or continue to hold in their own capacity or through a third party, a contract or business, arrange for the provision of services to government to bodies.

The code also requires that members should contribute to good government by seeking to advance the public interest based on honest reasonable and properly informed judgement about the common good of the people of the Northern Territory. The proposed amendments to the Northern Territory Legislative Assembly (Register of Members' Interests) Act in large part reflects the draft bill as tabled by the Chief Minister with the proposed amendments described above to the effect that the Clerk of the Legislative Assembly should retain the role of Registrar of members' interests. The new act will significantly strengthen the requirements for annual registration and ad hoc declaration of members' interests and provide for the annual publication of details of the members register as a parliamentary paper.

The new act will also provide that claims of breaches of the requirements would be the subject of an independent investigation by the Auditor-General, an officer of the Legislative Assembly. The Auditor-General will investigate such claim breaches. However, the Auditor-General's role will be limited to making inquiries, reaching findings of facts and providing a report to the Assembly in accordance with the requirements of procedural fairness. The committee is particularly grateful for the cooperation given by the Auditor-General, Mr Mike Blake, to the consideration of its reference.

As indicated in the tabling statement by the Chief Minister, the report notes that there will be a requirement for the code of conduct and ethnical standards to be supported by a new Legislative Assembly Members Code of Conduct and Ethical Standards Act which will give force of law to those provisions which require enactment and which will create offences and penalties. In particular, in relation to prohibition or restricted conduct arising after a member has left public office and for certain forms of employment in the public sector, the use of privileged information by a former member and the holding of contracts or business arrangements for the provision of services to government bodies.

However, the committee notes that such provisions would need to take into account the provisions of existing and Territory and Commonwealth legislation, standing orders and other administrative instruments which may directly affect the implementation of such legislation. I advise honourable members that I propose to seek leave to continue my remarks and that following consideration of the draft code and the proposed act by members, that the resumption of the debate on the motion that the assembly adopt the recommendation contained in the report, be conducted during the March Sittings.

Following the adoption of the report, it is anticipated that the required complementary legislation to give full effect to the code will be presented and debated later this year. This will provide adequate time to familiarisation and education program for members in respect of the new code and act. Madam Speaker, in line with the provisions of the new electoral legislation, it is proposed that this material be made available for all future candidates for election to this Assembly.

In conclusion, I want to thank all members of the committee who contributed to the conduct of a most thorough and responsible consideration of the reference given to it by the Assembly. I record my appreciation of the bipartisan approach taken by all members in reaching a unanimous and consensus based final draft code and proposed act.

Madam Speaker, I would particularly like to make mention of the former chair, the member for Nhulunbuy for his efforts, and to Mike Reed, former member for Katherine who made some very good and thoughtful suggestions. He was very constructive. I thank you, Madam Speaker, and the Clerk. The Clerk has researched long and hard throughout Australia and given considered advice on many of the ideas and proposals. This has been a major piece of work. It is a landmark in the Assembly and will move us forward in confronting the ethical issues that do or potentially face members. I have commended those who made submissions to the committee, including Mr Mike Blake, the Auditor-General, the member for Nelson and the New South Wales committee that visited us.

Madam Speaker, I commend the report to the House and seek leave to continue my remarks at a later date.

Leave granted.

Debate adjourned.

Contact Details
Mr Ian McNeill
Clerk of the Legislative Assembly
Telephone: (08) 8946 1450
Fax: (08) 8941 2567
Email: ian.mcneill@nt.gov.au

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