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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-06-10 Daily Xml
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Bills

Statutes Amendment (Local Government Review) Bill

Final Stages

Consideration in committee of message No. 125 from the House of Assembly.

(Continued from 8 June 2021.)

The Hon. R.I. LUCAS: Mr Chairman, I stand to be corrected during the debate, but I understand that we almost have peace in our time, albeit this might be a slightly complicated process, so I do not intend to delay unduly the process of the chamber, unless someone requires me to unduly delay it or provokes me to unduly delay it. So I start off in good humour on the understanding that there has been substantive agreement.

I will speak briefly and just outline the government's position but, as I understand it, the Hon. Ms Bourke is going to move an amendment, or some amendments, so there might be the addition of two words to those amendments, evidently. My advice is that the government is prepared to either not oppose or to accept those particular amendments. As I understand it, the agreed position is that we will be moving our position in relation to this package. There is an amendment to be moved by the Hon. Ms Bourke and we are comfortable with that. If that assists the process of the Chair in terms of how these things are put, then that would be useful in terms of expediting the process.

If I can speak briefly then, my advice on behalf of the government is that the majority of the schedule of amendments made to the Statutes Amendment (Local Government Review) Bill 2020 by the council has been agreed to in the other place; that is, 24 out of the 26 amendments have been agreed to. However, the motion is to disagree with two amendments passed by the council, along with the amendments proposed by the house in lieu of these amendments.

Both of these amendments, which are numbered 15 and 16, relate to the proposal to include an additional member on the behavioural standards panel, a member nominated by a registered industrial association that represents the interests of employees of council. The amendments passed in the other place aim to preserve the impartiality of the panel but also to ensure that the panel has a legislative requirement to consider representation from a registered industrial association when a matter that has affected a council employee is before the panel.

The government recognises that employees can be affected by member behaviour and that when this is being dealt with by the panel those employees need to have a voice—as was put in the other place—and to be properly supported as they may choose to be. The Hon. Ms Bourke will speak to her further amendments, as I said, which are to be supported, or at least not opposed, by the government. I therefore do not propose to go into any further detail about the argy-bargy that went on between the houses or in the houses, etc. I move:

That the council does not insist on its amendments Nos 15 and 16, and agrees to the alternative amendments made by the House of Assembly in lieu thereof.

The Hon. E.S. BOURKE: I thank the Treasurer for his words. I move:

Legislative Council's amendment thereto—

Clause 129, page 73, after line 41 [clause 129, inserted section 262S]—After 'behaviour' insert 'that is'; and

Leave out 'consider any submissions received from a registered industrial association representing the employee' and insert 'invite and recognise submissions from a registered industrial association that represents the interests of council employees.'

Legislative Council's amendment thereto—

Clause 129, page 74, after line 14 [clause 129, inserted section 262T]—After 'behaviour' insert 'that is'; and

Leave out 'a reasonable' and insert 'an'

Legislative Council's amendment thereto—

Clause 129, page 76, after line 5 [clause 129, inserted section 262W]—After 'behaviour' insert 'that is'; and

Leave out 'a reasonable' and insert 'an'

Legislative Council's amendment thereto—

Clause 129, page 76, after line 40 [clause 129, inserted section 262X]—After 'behaviour' insert 'that is'

I do so while thanking the crossbenchers in particular, stakeholders, the LGA and also those opposite for the discussions that we have had about this bill. I agree with the Treasurer's words that we cannot delay this bill any further. There are many important tools within this bill that not only members of the LGA or council members but council employees rely on. I would like to point to, for example, new section 120A, which establishes the behaviour standards for employees.

This section was strengthened by this chamber and this chamber has on many occasions strengthened this bill to seek the protection of employees, which has been a fantastic outcome. But between the two chambers there have been many elements that have changed this bill. The bill left this chamber with the increased size of the panel, and the panel including industrial registered association. But it was not actually an industrial registered association that would be on that panel, it would just be a member nominated by a registered industrial association. But, in good faith, in wanting to get this bill through the parliament, we have worked and had a compromise that has been put forward.

We are using similar words that were put forward in the House of Assembly but we are giving the true intent of those words so that the registered industrial association and employees are recognised and are invited to participate in the process. So, no, there will not be four members on the panel, as passed by this house. They will now go back to the three members, but the registered industrial association and employees will have the ability to have discussions throughout the panel process. The House of Assembly's alternative amendment to clause 129, page 73, reads:

Clause 129, page 73, after line 41 [clause 129, inserted section 262S]—After subsection (1) insert:

(1a) If the person primarily affected by the behaviour the subject of a complaint is an employee of a council, the Panel must, before refusing to deal with, or determining to take no further action on, the complaint, consider any submissions received from a registered industrial association representing the employee.

I have moved that the House of Assembly's amendment be amended by leaving out 'consider any submissions received from' and insert 'invite and recognise submissions from a registered industrial association that represents the interests of Council employees'. So we will be leaving out from this section 'consider any submissions received from a registered industrial association representing the employee' and will replace with and insert 'invite and recognise submissions from a registered industrial association that represents the interests of council employees'.

Also, for the record, that was a late inclusion that has come from the government to the words that were originally in there. We will need to insert 'that is'. So after 'If the person primarily affected by the behaviour' we will need to insert 'that is the subject of a complaint'. I now move on to clause 129, page 74. There are no amendments to that particular part of the clause. We move onto clause 129, page 76, after line 5, we need to—

The CHAIR: There is an amendment on clause 129, page 74, after line 14.

The Hon. E.S. BOURKE: The behaviour, yes. Going back to that, under clause 129, page 74, after line 14, we need to amend after 'affected by the behaviour' by inserting at this point 'that is the subject of the complaint'.

The CHAIR: You need also to say to leave out 'a reasonable' and insert 'an' in subclause (3).

The Hon. E.S. BOURKE: Yes. In the last line it says that the employee in the matter 'is given a reasonable opportunity'; that will be replaced, so remove 'reasonable' and put 'given an opportunity to make submissions relating to the inquiry'.

The CHAIR: The final one is clause 129, page 76.

The Hon. E.S. BOURKE: After line 5. This is a similar amendment to the one we just went through. In (1a), after 'affected by the behaviour' insert 'that is the subject of complaint'. In the last line of (1a), remove the word 'reasonable' so that it will read 'the employee is given an opportunity to make submissions on the matter'.

The CHAIR: And on clause 129, page 76, (2a)?

The Hon. E.S. BOURKE: Yes. After 'affected by the behaviour' we will be inserting 'that is the subject of the complaint'.

The CHAIR: You are moving all of those amendments in an amended form?

The Hon. E.S. BOURKE: Yes. it looks very simple on a piece of paper.

The Hon. R.A. SIMMS: I just want to very briefly speak in favour of these amendments. I think this has been an example of what this house of parliament does very well—that is, reviewing and improving government legislation. From the perspective of the Greens, we welcome some of the transparency measures that have been included in the bill, obviously those relating to disclosure of donations but also the undertaking that has been given by the government around the disclosure of political party memberships. We welcome that that is going to be done through regulation.

I want to recognise the work of all the players here. Obviously, my predecessor Mark Parnell worked on this bill, and I want to acknowledge his contribution. In particular, I want to acknowledge the work of the Hon. Emily Bourke, with whom I had the opportunity to work on this reform; the Hon. Mr Frank Pangallo; and, of course, the work of the government in the other place as well.

I am sure many people will be relieved to see this legislation finally come to pass. I recognise the work and patience of the LGA and their long-term advocacy on this and look forward to a new local government regime.

The Hon. F. PANGALLO: I wish to speak briefly in support of the amendments and also to echo the words of the Hon. Robert Simms and to congratulate the government; the local government minister, the Hon. Vickie Chapman; the former minister, Stephan Knoll; the opposition; and also the crossbenchers, who have come together to achieve quite significant, sweeping reforms that were sorely needed to improve the governance and conduct in local government. I am confident that local government will now be better for them, and we certainly look forward to seeing them implemented in time for the next election. With that, we support the bill.

The CHAIR: I have a series of questions I am going to put to the chamber. The first one is that the council insist on its amendments Nos 15 and 16. Those supporting the position that has just been put recently would be voting no to that. So I will put the question that the council insist on its amendments Nos 15 and 16.

Question resolved in the negative.

The CHAIR: I will now put the question that the amendments moved by the Hon. E.S. Bourke to the amendments made by the House of Assembly in lieu of amendments Nos 15 and 16 be agreed to.

Question agreed to.

The CHAIR: I now put the question that the amendments made by the House of Assembly in lieu of amendments Nos 15 and 16 and as amended by the Hon. E.S. Bourke be agreed to.

Question agreed to.

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