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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-11-17 Daily Xml
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ST CLAIR LAND SWAP

The Hon. M. PARNELL (14:54): If the Hon. Bernard Finnigan says so, they must be. My supplementary question of the minister is: given that the final decision—

Members interjecting:

The PRESIDENT: Order! I remind honourable members that we have had 20 minutes on one question.

The Hon. M. PARNELL: —rests with you, and you have explained how you will review the statutory process—

The PRESIDENT: Order! Get to the question.

The Hon. M. PARNELL: —is your answer to this council that, if citizens have concerns about the failure of public consultation, they must go to the Ombudsman and that your door is closed to them?

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (14:55): Of course not. There is a range of options for the community to lodge complaints and have matters investigated, and I have outlined those several times. I do not think the honourable member seriously wants me to outline those again.

There are legal entitlements for the general public. They can seek redress in a number of ways, and I have outlined those at length. There is the Ombudsman, there are provisions for me to investigate under certain circumstances, and there are also provisions under the anti-corruption responsibilities of the police. So, there is a number of options available to members of the public to lodge complaints and have their matters investigated, but it is a matter for individuals to decide which avenue they choose to use. I have to correct the record: the final decision is not mine. The final decision to revoke community land rests with the local council; it is its decision. Only a resolution of the local council can finalise a revocation of community land.

As I have already very carefully put on record, my responsibility is to ensure that proper processes and other legal requirements, as outlined in the act and as I have outlined here today, are fulfilled by the local council. So, it is a checking off of the council's process to make sure that it has met all of its administrative and other legislative requirements under the act before it is then entitled to put the matter to a final council vote. And that is exactly what I intend to do.

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