9 August 2023

'Bit disingenuous': ACT Senators face off over federal committee inquiry into hospital takeover bill

| Claire Fenwicke
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ACT Senators Katy Gallagher and David Pocock

ACT Senators Katy Gallagher and David Pocock (pictured at the Region Senate candidate debate) are at odds over the process inquiring into the ACT (Self Government) Amendment Bill. Photo: Michelle Kroll.

Two of the ACT’s senators have questioned each other’s commitment to territory rights following the extension of a federal committee inquiry into the ACT (Self Government) Amendment Bill.

The inquiry was scheduled to hand down its report today (9 August), with many concerned it won’t just force the ACT Government to hold an inquiry into the acquisition of the North Canberra Hospital, but will threaten territory rights.

Senator David Pocock supported a motion in the Senate on Tuesday (8 August) to grant the committee inquiry a month’s extension to further scrutinise the bill itself and examine the submissions, as well as giving it time to hold a public inquiry.

The extension motion passed 31 votes to 30.

Mr Pocock does not support the bill itself, but told Region he couldn’t vote against a motion to have a public hearing given the amount of correspondence his office has received about the issue.

“I ran on a platform of transparency and I have received hundreds of emails from Canberrans, even those who support the Calvary takeover, expressing concern about the process,” he said.

“If we are going to have an inquiry then there should be an opportunity for a public hearing if one is requested.

“I pushed to broaden Senator Canavan’s motion to expand the witness list to bring balance to the testimony but this was defeated.”

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Despite his arguments about transparency, fellow ACT Senator and Finance Minister Katy Gallagher has slammed Senator Pocock’s decision to back the extension.

“It’s curious how Senator Pocock could campaign so strongly in favour of territory rights at the election but now be the deciding vote to extend an inquiry into proposed laws from the National Party that would, if passed, diminish ACT rights,” she said.

“I think Canberrans would expect better from a local senator who should stand up for their rights, not seek to facilitate inquiries that want to water them down.”

ACT Chief Minister Andrew Barr has also weighed in, disappointed the chance to interfere with territory politics has been extended.

“Senators from other states and territories should not be seeking to interfere in ACT matters. This would never happen to a state government,” he said.

“Prolonging the inquiry into the doomed Canavan Bill is nothing but a further attempt to fuel yet another culture war.”

The inquiry itself needed to be introduced to the Senate twice, and only got over the line after the Coalition and the Greens voted together.

The ACT Government believes the purpose of the bill is to undermine the territory’s right to self-government.

“Territory rights should not be negotiable, and many ACT residents will be disappointed that not all territory senators appear to share that view,” Mr Barr said.

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Senator Pocock has hit back at the criticisms against his decision to support the extension, particularly from his colleague.

“Frankly, I think it is a bit disingenuous for Senator Gallagher to question my commitment to standing up for the people of the ACT,” he said.

“I have been the only federal representative standing up and calling for better territory representation, more ambitious action on climate and more Commonwealth investment in the ACT for everything from housing to infrastructure.”

The Senate standing committee on legal and constitutional affairs now has until 6 September to deliver its report, with a date yet to be determined for the public hearing.

More than 70 submissions have been received by the committee regarding this bill, including from Calvary Health Care, the ACT Government, the Catholic Archdiocese of Canberra and Goulburn and the Health Care Consumers’ Association.

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Stephen Ellis2:04 pm 09 Sep 23

Canberrans do not have any rights. We are governed by a coalition of far left zealots who do as they please without fear of being voted out of office. The fact that there is no fear of losing government makes this government the closest thing we have to an autocracy. At a recent meeting I attended, the MLA sent to discuss options with us made it clear from the start that “we are on stolen land…always was always will be, stolen land”. She then proceeded to avoid any questions and left without hearing from any of the 100 or so people who attended. The arrogance and the fact that this government believes that we have no right to be here (in our homes in the ACT) because they have been stolen, should be ringing alarm bells for all Canberrans. It won’t though and the privileged voters, living the good life in Canberra, will simply re-elect them again and again.

optimusmaximus3:20 pm 07 Sep 23

Agreed, Canberran’s don’t seem have any rights. The only individuals in the ACT who have any rights at all are Labor politicians. Patently the Catholic Church doesn’t have any.
The ACT is a more like a principality than a territory, and the Chief Minister more like a king who has the power of royal assent without disallowance to approve an act of the legislature, either directly or through an official acting on the monarch’s behalf. I use the word “monarch” in a flippant manner as the ACT Premier has the power of decree and to use it where he sees fit. Normally when a bill passed through the parliament of a state or territory, it has to be voted on and passed by the majority of members in the legislative assembly. Disallowance is the primary mechanism by which parliament exercises control over delegated legislation. This allows either house of the parliament to veto a legislative instrument. All legislative instruments are subject to disallowance unless exempted by law. In the ACT the Governor-General had the power to disallow or recommend amendments to acts that had been passed by the Legislative Assembly, but in 2011 the Commonwealth Parliament passed the Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Act, which had the effect of removing the Governor-General’s power to overturn or amend ACT laws. What this means is that the ACT Government can re-acquire land anywhere in the Territory through the Acquisition of Land Act for public infrastructure purposes without having it voted on in parliament. It might be argued that no one really owns any land in the ACT, including private property, since it is all on a 99 year lease, but showing that the resumption or re-acquisition of crown land is “on just terms”, as it must be, is questionable.

territory rights or more like Labor rights?

optimusmaximus3:19 pm 07 Sep 23

Agreed, Canberran’s don’t seem have any rights. The only individuals in the ACT who have any rights at all are Labor politicians. Patently the Catholic Church doesn’t have any.
The ACT is a more like a principality than a territory, and the Chief Minister is more like a king who has the power of royal assent without disallowance to approve an act of the legislature, either directly or through an official acting on the monarch’s behalf. I use the word “monarch” in a flippant manner as the ACT Premier has the power of decree and to use it where he sees fit. Normally when a bill passed through the parliament of a state or territory, it has to be voted on and passed by the majority of members in the legislative assembly. Disallowance is the primary mechanism by which parliament exercises control over delegated legislation. This allows either house of the parliament to veto a legislative instrument. All legislative instruments are subject to disallowance unless exempted by law. In the ACT the Governor-General had the power to disallow or recommend amendments to acts that had been passed by the Legislative Assembly, but in 2011 the Commonwealth Parliament passed the Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Act, which had the effect of removing the Governor-General’s power to overturn or amend ACT laws. What this means is that the ACT Government can re-acquire land anywhere in the Territory through the Acquisition of Land Act for public infrastructure purposes without having it voted on in parliament. It might be argued that no one really owns any land in the ACT, including private property, since it is all on a 99 year lease, but showing that the resumption or re-acquisition of crown land is “on just terms”, as it must be, is questionable.

You have to support Pocock here, standing up for his principles over his own thoughts on this particular issue or partisan politics.

@chewy14
Agree 100% … despite the fact that Pocock has stated his disagreement with the Bill, he is allowing the natural parliamentary process to run its course.

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