Bills

Constitution (Countersigning) Amendment Bill

Introduction and First Reading

The Hon. P.B. MALINAUSKAS (Croydon—Premier) (15:33): Obtained leave and introduced a bill for an act to amend the Constitution Act 1934. Read a first time.

Second Reading

The Hon. P.B. MALINAUSKAS (Croydon—Premier) (15:34): I move:

That this bill be now read a second time.

I rise to introduce the Constitution (Countersigning) Amendment Bill 2023. This bill amends section 71 of the Constitution Act 1934 to remove the requirement that certain decisions of the Governor be countersigned. Section 71 provides that a government official does not need to obey an order of the Governor that involves the expenditure of public money and that an appointment to or dismissal from office is not valid, unless the order, appointment or dismissal is signed by the Governor and countersigned by a Minister of the Crown.

I wish to make clear that this bill does not change any powers the Governor has to approve the expenditure of public money or to make or revoke appointments, or otherwise. Currently, three signatures are obtained in a meeting of Executive Council: a recommendation signature by a Minister of the Crown on behalf of Executive Council, the Governor's signature and the countersignature of second Minister of the Crown.

While the Legislation Interpretation Act 2021 allows for meetings that would otherwise be required to be held in person to be held via audio or audiovisual means, this does not apply when a person must be physically present to witness the signing of documents. This is the case for meetings of Executive Council. The second minister must be physically present to witness the Governor sign the instruments before countersigning. The proposed Bill removes this requirement that a minister countersign instruments signed by the Governor.

The purpose of this change is to allow for flexibility in decision-making. The COVID-19 pandemic has shown us that meeting in person is not always practical or safe and has highlighted the importance of having appropriate continuity of government measures in place. The changes proposed by this bill will ensure that the decisions of the Governor will not be deemed invalid simply because a meeting is held virtually.

Providing the option for Executive Council meetings to be held virtually is an important measure to have available in the future to ensure executive decisions can be made as a usual course of business. To be clear, holding Executive Council meetings virtually will be for extenuating circumstances, approved by Her Excellency as Chair. It will be the exception, not the norm. Administrative amendments are consequently proposed to the heading of section 71 to accurately reflect the content of the provision.

I commend the bill to members and seek leave to insert the explanation of clauses in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

Part 2—Amendment of Constitution Act 1934

2—Amendment of section 71—Signature and counter-signature of certain orders, warrants etc

This clause amends section 71 to remove the requirement for certain orders and appointments to and dismissals from office to be counter-signed by a Minister and amends the heading to reflect the content of the section.

Debate adjourned on motion of Hon. D.J. Speirs.