2007
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Mrs Vicki Dunne)
Government Transparency Legislation Amendment Bill 2007 (No 2)

Contents
	Page

	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended—sch 1	2
	4	Purpose	2
	5	Notes	2
Schedule 1	Consequential amendments	3
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 (No 2)

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:

1	Name of Act
This Act is the Government Transparency Legislation Amendment Act 2007 (No 2).
2	Commencement
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.
4	Purpose
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.
5	Notes
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
[1.1]	New part 9A
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
[1.6]	Section 58 (a) 
omit
, section 35 (5)
[1.7]	Section 62 (3)
omit
, section 35, section 36
[1.8]	Section 62 (4)
omit
, section 35
[1.9]	Section 62 (5)
omit
[1.10]	Section 63 (1)
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)
[1.12]	Section 63 (8)
omit
, section 35, section 36
[1.13]	Section 63 (9)
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.
[1.14]	Section 64
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
[1.17]	Section 67 (1)
omit
, section 35, section 36
[1.18]	Section 67 (2)
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
[1.19]	Section 70 (c)
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
[1.20]	Section 74 (5)
omit
section 62 (4), (5) or (6)
substitute
section 62 (4) or (6)
[1.21]	Section 74 (5) (a)
omit
, section 35, section 36
[1.22]	Section 74 (6)
omit
section 35 (4), section 36 (4) or
[1.23]	Section 75
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