Department of the Legislative Assembly, Northern Territory Government

Ms SCRYMGOUR - 2002-06-20

Could the Chief Minister please advise what progress the government is making on its election promise to introduce a members’ code of conduct?

ANSWER

Madam Speaker, I am very happy to provide an update to the House. As all members of this House realise, this side of the House has long been committed to a members code of conduct and an improved register of members’ interests. It is something that we never saw the previous government move on in 27 years.

For the benefit of members, I can advise I intend to table this evening, a Draft Code of Conduct and Ethical Standards for Members paper and draft amendments to the Register of Members’ Interest Act. This does deliver on a key election promise from this government. I believe it is a very important one: open, accountable and transparent government. A code of conduct that underpins the professional standards of politicians, and one that says very clearly to members of our community that politicians are here serving them, not serving themselves; that we politicians are in this House to serve members of the community, not to serve ourselves. That is what this code of conduct very clearly spells out.

I suppose there are some advantages in coming late to producing a code of conduct, because the CLP did not do it for 27 years. We were able to look at what is best practice around Australia and internationally. I believe that this code of conduct does incorporate the best aspects of those other codes, will certainly increase public confidence and, I believe, public trust in us, as members of parliament, and in parliament as a whole.

The code of conduct has an enforceable set of standards which defines acceptable and unacceptable conduct in office, and provides for disciplinary and other action in cases of non-compliance. In general, the proposed code provides guidance to members of the Assembly on conflicts of interest arising from their function as members and elected officials; the obligation to recognise the need for accountable and responsible conduct in office by members; and the overall duty of a member to seek to advance the public interest.

To give the code teeth, a new over-arching act will be introduced, called the Legislative Assembly Members Code of Conduct and Ethical Standards Act. The key principles, and ones that I am sure everyone in this House would welcome, are: integrity; accountability; responsibility; and acting in the public interest. On some of those aspects specifically: members will be required to avoid conflicts of interest and make an oral declaration of a personal interest whenever they want to speak or vote on a matter - a very important issue. We are setting the laws for the Territory. If any member does have a conflict of interest, then to state that publicly in this House, is a very important premise that will be in this code of conduct.

The proposed changes to the registration of interests will mean that members and their immediate families will be required to detail their business and financial arrangements, which will increase transparency. The Auditor-General will have a new increased role in investigating complaints and reporting findings of fact to parliament about those potential conflicts of interest.

Members of parliament have busy jobs and this code of conduct will require members to undertake no other employment or business activity involving significant management responsibility while in office. It will prevent members from holding directly, or through a third party, contracts for the provision of services to government, the public service or the Assembly. It will prevent members from taking up employment, within a year of leaving office, in a company or business interest in which they had direct contact or involvement as a member and from which they might personally profit.

There is also an increased role for the Auditor-General who will investigate complaints about members who fail to declare their interests. The Auditor-General will be given the power to report his findings of fact to the parliament.

Breaches of code may amount to a contempt of parliament. Penalties will exist in the act for members of parliament who have left parliament but who breach certain provisions. This is about lifting standards for all members of parliament. It is about establishing a code for our professional conduct and we should welcome it. We should welcome the fact that a code of conduct will actually establish professional standards and, I believe, will significantly lift trust and confidence of the Territory community in us as their legislators. I hope this code of conduct will be welcomed by all members of this parliament.

Members: Hear, hear!
Last updated: 09 Aug 2016