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This is a Bill, not an Act. For current law, see the Acts databases.
GOVERNMENT TRANSPARENCY LEGISLATION AMENDMENT BILL 2007
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Vicki Dunne)
Government
Transparency Legislation Amendment Bill 2007
Contents
Page
Part 1.1 Financial
Management Act 1996 3
Part
1.2 Administrative Appeals Tribunal Act
1989 5
Part 1.3 Freedom of
Information Act 1989 6
Part 1.4 Law Officer
Act 1992 10
2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mrs Vicki Dunne)
Government
Transparency Legislation Amendment Bill 2007
A Bill for
An Act to amend legislation to improve transparency and accountability in
government, and for related purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Government Transparency Legislation Amendment Act
2007.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation
amended—sch 1
This Act amends the legislation mentioned in schedule 1.
The purpose of this Act is to improve transparency and accountability in
the exercise of functions of the Australian Capital Territory Executive
by—
(a) ensuring that decision-makers take all reasonable steps to assist in
proceedings for administrative review of decisions; and
(b) promoting freedom of information by limiting the ability of Ministers
to issue conclusive certificates; and
(c) establishing a statutory basis for model litigant
guidelines.
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
Schedule
1 Consequential
amendments
(see s 3)
Part
1.1 Financial Management Act
1996
insert
Part 9A Functional
review
126 Definitions—pt 9A
In this part:
department of Treasury means the administrative unit
responsible for the administration of this Act.
functional review report means the Report of the Strategic
and Functional Review of the ACT Public Sector and Services prepared by Mr
Michael Costello for the ACT government in relation to the functional review of
the ACT budget announced by the Chief Minister on 9 November 2005.
127 Publication of functional review
report
(1) The Minister must, not later than 3 weeks after the day this part
commences—
(a) publish the functional review report on the department of Treasury
website; and
(b) make printed copies of the report available for public inspection
at—
(i) an office of the department of Treasury; or
(ii) a declared place.
(2) The Minister may declare a place for subsection (1).
(3) A declaration under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
128 Freedom of Information
Act—application
This part has effect despite the functional review report being identified
as an exempt document in a certificate issued under the Freedom of
Information Act 1989, section 35.
[1.2] Dictionary,
new definitions
insert
department of Treasury, for part 9A (Functional
review)—see section 126.
functional review report, for part 9A (Functional
review)—see section 126.
Part
1.2 Administrative Appeals Tribunal
Act 1989
[1.3] New
section 32 (1A)
insert
(1A) In a proceeding before the tribunal for review of a decision, the
person who made the decision must take all reasonable steps to assist the
tribunal to make its decision in relation to the proceeding.
Part
1.3 Freedom of Information Act
1989
[1.4] Section
35 (3), (4), (5) and (6)
omit
[1.5] Section
36 (3) and (4)
omit
omit
, section 35 (5)
omit
, section 35, section 36
omit
, section 35
omit
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
[1.11] Section
63 (2) (a)
omit
, section 35 (3), section 35 (5)
omit
, section 35, section 36
substitute
(9) In this section:
appropriate Minister means, for a document for which a
certificate is in force under section 34 or section 37A—the Minister who
gave, or whose delegate gave, the certificate.
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
[1.15] Section
65 (2) (a) (iv)
omit
, section 35
[1.16] Section
65 (2) (a) (v)
omit
omit
, section 35, section 36
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
[1.21] Section
74 (5) (a)
omit
, section 35, section 36
omit
section 35 (4), section 36 (4) or
omit
, section 35, section 36
Part
1.4 Law Officer Act
1992
[1.24] Section
4 (e) and (f)
substitute
(e) to ensure that litigation mentioned in paragraph (d) is started and
conducted in accordance with proper standards; and
(f) to exercise any function given to the Attorney-General under another
Act; and
(g) to exercise any other function prescribed by regulation.
[1.25] New
sections 5AA, 5AB and 5AC
after section 5A, insert
5AA Model litigant guidelines
(1) The Attorney-General may issue model litigant guidelines to ensure
that proper standards in litigation apply to Territory legal work.
(2) A guideline issued under subsection (1) is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
(3) Anyone performing Territory legal work must comply with the model
litigant guidelines.
5AB Protection from liability
(1) A person performing Territory legal work is not personally liable for
anything done, or omitted to be done, honestly and without
recklessness—
(a) in complying with a model litigant guideline; or
(b) in the reasonable belief that the act or omission complied with a
model litigant guideline.
(2) Any civil liability that would, apart from this section, attach to a
person attaches instead to the Territory.
5AC Reporting on model litigant
guidelines
Each report prepared by the chief executive under the Annual Reports
(Government Agencies) Act 2004 must—
(a) describe the measures taken by the administrative unit during the
financial year to ensure compliance with the model litigant guidelines; and
(b) provide information concerning any breaches of the model litigant
guidelines during the financial year.
[1.26] Dictionary,
new definition of Territory legal work
insert
Territory legal work means legal work associated with
litigation conducted by a person for any of the following:
(a) the Territory;
(b) a body established by an Act or regulations or by a law of the
Territory;
(c) a company in which the Territory has a controlling interest.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2007.
2 Notification
Notified under the Legislation Act on 2007.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2007
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