In 1988, the Australian Commonwealth Parliament passed legislation providing for the grant of self-government, at the state/territory level, to the people of the Australian Capital Territory (the ACT).
The Australian Capital Territory (Self-Government) Act 1988 (Cth), made the ACT a ‘body politic’ under the Crown and granted the ACT Legislative Assembly power to ‘make laws for the peace, order and good government of the Territory’.
With the passage of the Act and the first sitting of the Assembly on 10 May 1989, the residents of the ACT enjoyed, for the first time, similar democratic rights, to those residents living in the Australian states and in the Northern Territory - the right to have a say about state/territory functions such as health, education, criminal justice, and local municipal or local functions such as roads, garbage collection and public libraries.
Yet the road to self-government was not smooth. Residents were sceptical of the proposal, as the territory had been governed by the federal government since 1911. This scepticism was confirmed in 1978, when 63.75% of ACT residents voted to maintain the political status quo in an advisory on self-government. Only 30% voted for self-government.
In its original form, the Assembly comprised 17 Members and represented approximately 280,000 residents (approximately 2% of Australia’s population) coming from an area of 814 square kilometres. The first ACT election in 1989 took over eight weeks to count due to the complexity of the electoral system. Somewhat paradoxically, four Members were elected on no self-government platforms. In the first Assembly, the government changed two times following successful no confidence motions moved against the Chief Minister.
However, since those early days, the Assembly has grown more confident and the people of the ACT have developed greater acceptance of the important role that the Assembly plays in passing laws that affect their daily lives.
The Assembly and its Members also forged deep links within parliamentary community - both learning from and contributing to the ongoing dialogue about strengthening Parliaments and the development of procedures and practices that facilitate the institution’s representative, accountability, and legislative function.
Over the years, Speakers, Members and parliamentary staff of the Assembly have been keen contributors to The Parliamentarian with a dozen or so articles having appeared addressing various innovations and reforms that have been adopted and some of the features of the ACT system that make it unique.
It is therefore timely, on this the 40th birthday of the CPA Small Branches network, and 32 years after the Assembly’s first sitting, that I reflect on the twists and turns of our evolution from turbulent young Parliament into a stable, best-practice driven institution.
Territory governance was significantly enhanced by the entrenchment of our proportional representation electoral system. In 1992, 65.3% of electors voted to adopt the proportional Hare-Clark electoral system, which uses a single transferable vote method.
The electoral system chosen usually means that no party gets enough seats to govern alone, and so parties usually need to come to an agreement with other parties or independent Members to orm government or pass budgets/legislation. As can be seen below, there has been only one majority government (that is, where a majority of Members from a single party formed government). The need for governments to negotiate with the opposition and the crossbench has been a key driver of procedural reform.
Table 1 details the number of government/opposition/crossbench members elected over the ten Assemblies so far, with the type of government formed.
TABLE 1: Membership of the Legislative Assembly of the Australian Capital Territory.
Assembly | No of Government MLAs elected | No of Opposition MLAs elected | No of Crossbench / Independent MLAs elected | Type of Government | Independent minor party Ministries |
---|---|---|---|---|---|
First Assembly | 5 | 4 | 8 | Minority | |
Second Assembly | 8 | 6 | 3 | Minority | - |
Third Assembly | 7 | 6 | 4 | Minority | |
Fourth Assembly | 7 | 6 | 4 | Minority | 1 |
Fifth Assembly | 8 | 7 | 2 | Minority | |
Sixth Assembly | 9 | 7 | 1 | Majority | |
Seventh Assembly | 7 | 6 | 4 | Minority – Parliamentary Agreement | |
Eigth Assembly | 8 | 8 | 1 | Minority – Parliamentary Agreement | 1 |
Ninth Assembly* | 12 | 11 | 2 | Minority – Parliamentary Agreement | 11 |
Tenth Assembly | 10 | 9 | 6 | Minority – Parliamentary and Government Agreement | 3 |
*Membership of the Assembly increased from 17 Members to 25 from the beginning of the Ninth Assembly
I have previously argued (see The Parliamentarian, 2018, Issue 3) that the electoral system that gives voters a substantial choice within multi-member electorates -not only between candidates representing particular political parties but also between candidates within parties - can result in a more diverse and accurate reflection of the composition of the community in the legislature.
As can be seen from Table 2, the representation of women in the Assembly has improved considerably over time with a majority of women having been elected in both the Ninth and Tenth Assemblies.
In many Australian Parliaments, it is rare for non-executive Members to see their policy ideas legislated. However, the predominance of minority governments and thus the need to compromise and consider proposals from across the political spectrum, has meant that Private Members’ Bills are regularly passed - often with amendments - into law. Table 3 shows the number of Private Members’ Bills passed into law.
TABLE 2: The representation of women in the Legislative Assembly of the Australian Capital Territory. Additionally, the current Assembly has four MLAs (16%) who identify as LGBT+. The Chief Minister, Andrew Barr MLA, is also the first openly LGBT+ head of government in Australian history.
Assembly | Percentage of women MLAs elected |
---|---|
First Assembly | 23.5% |
Second Assembly | 35% |
Third Assembly | 29% |
Fourth Assembly | 12% |
Fifth Assembly | 41% |
Sixth Assembly | 35% |
Seventh Assembly | 41% |
Eigth Assembly | 35% |
Ninth Assembly* | 52% |
Tenth Assembly | 56% |
TABLE 3: The number of Private Members Bills passed into law. *Membership of the Assembly increased from 17 Members to 25 from the beginning of the Ninth Assembly
Assembly | No of Private Members Bills passed | Type of Government |
---|---|---|
First Assembly | 13 | Minority |
Second Assembly | 25 | Minority |
Third Assembly | 35 | Minority |
Fourth Assembly | 58 | Minority |
Fifth Assembly | 20 | Minority |
Sixth Assembly | 9 | Majority |
Seventh Assembly | 26 | Minority – Parliamentary Agreement |
Eigth Assembly | 0 | Minority – Parliamentary Agreement |
Ninth Assembly* | 10 | Minority – Parliamentary Agreement |
Tenth Assembly | Minority – Parliamentary and Government Agreement |
Since 1989, the Assembly has significantly progressed arrangements which encourage elected Members to act ethically and hold them to account where behaviour falls below expected standards. Table 4 lays out some of the integrity assurance measures we have introduced since then.
TABLE 4: Measures for guiding ethical conduct in the ACT Legislative Assembly.
Year adopted | Measures | Details |
---|---|---|
1992 | Declaration of Members’ Interests | A resolution of continuing effect adopted by the Assembly on 7 April 1992. Since 2009, all declarations are placed on the Assembly website http://www.parliament.act.gov.au/members/declarations-of-interest |
2005 | Code of Conduct for MLAs | Adopted 25 August 2005 |
2008 | Establishment of Ethics and Integrity Adviser | A resolution of continuing effect adopted by the Assembly on 10 April 2008. The Adviser’s role is to advise MLAs, when asked to do so, on ethical issues concerning the exercise of his or her role as a Member (including the use of entitlements and potential conflicts of interest). The Adviser is appointed by the Speaker following consultation with party leaders. |
2013 | Establishment of Commissioner for Standards | A resolution of continuing effect adopted by the Assembly on 31 October 2013. The Commissioner’s role is to investigate complaints that a Member has breached the code of conduct or the rules relating to the registration or declaration of interests. The Commissioner is appointed by the Speaker following consultation with party leaders. |
2014 | Register of Lobbyists | An ACT Lobbying Code of Conduct and ACT Lobbyist Regulation Guidelines were adopted as resolutions of continuing effect on 20 September 2014. The resolution requires that Members must not meet with lobbyists unless they are on the lobbyist register. |
2018 | Anti-corruption body | Following two extensive Select Committee inquiries in 2016 and 2018, the Assembly passed the Integrity Commission Bill 2018. In 2019, the Speaker appointed the first Integrity Commissioner, and that position became one of the Officers of the Assembly, along with the Auditor-General, Electoral Commission and the Ombudsman (which was enacted in 2013). |
Executive accountability to the Parliament is a fundamental part of legitimate, responsible government, and the ACT has taken great strides on this front. Table 5 outlines some of the enhancements made over the years.
The ACT Assembly was the first Parliament in the Commonwealth to measure itself against the CPA’s Recommended Benchmarks for Democratic Legislatures. Through that assessment, published in The Parliamentarian in 2008, it was found to have met 80 of the 87 CPA Benchmarks.
In 2018, the CPA Benchmarks were updated following the work of a cross-Commonwealth CPA study group. The group was organised by the CPA Headquarters Secretariat and Westminster Foundation for Democracy. The Clerk of the Legislative Assembly, Tom Duncan, and I represented the CPA Australia Region. It added a further 47 criteria to the existing 87, bringing the total to 132 CPA Benchmarks.
Following this, the Assembly’s support organisation, the Office of the Legislative Assembly, commissioned a new report to assess it and compare its findings to the 2008 assessment.
In this second assessment, the Assembly scored 225 marks against a possible score of 246, (91.5% vs 91.9% in 2008). Of the 132 CPA Benchmarks, the Assembly did not meet three, and partially met 14 measures. We have used these benchmarks to identify where we can improve our procedures and through that create a better legislature.
When the ACT Assembly was admitted as a CPA Small Branch in 1990, there were three other Small Branches in the CPA Australia Region - Tasmania, Northern Territory and Norfolk Island. Now almost 32 years later there are only two – Northern Territory and the Australian Capital Territory. The Assembly has been a strong participant in CPA activities since it joined in 1990. It provided a representative for the CPA Australia Region on the CPA Executive Committee - Ms Kerrie Tucker, MLA from March 2002-2005, and Mrs Vicki Dunne MLA from 2014-2017. Mrs Vicki Dunne also served as CPA Treasurer from 2016-2019 and now myself as CPA Small Branches Vice-Chairperson. I also participated in the working group on the CPA Small Branches strategy in October 2017 in Malta.
It can be tough for young, often small, Parliaments to know how to develop legislative best practice from scratch. The CPA Small Branches provides an invaluable network to support those Parliaments while they take their first steps, just as we did in the 1990s. As this article has shown, that support and shared experience helped guide us to be an example of best practice. It is this knowledge and experience that I hope we will be able to share with small Parliaments through the CPA Small Branches network into the future.
I thank and acknowledge the assistance of the Clerk of the ACT Assembly, Tom Duncan, in the preparation of this article for The Parliamentarian.
TABLE 3: The number of Private Members Bills passed into law. *Membership of the Assembly increased from 17 Members to 25 from the beginning of the Ninth Assembly
Assembly | No of Private Members Bills passed | Type of Government |
---|---|---|
First Assembly | 13 | Minority |
Second Assembly | 25 | Minority |
Third Assembly | 35 | Minority |
Fourth Assembly | 58 | Minority |
Fifth Assembly | 20 | Minority |
Sixth Assembly | 9 | Majority |
Seventh Assembly | 26 | Minority – Parliamentary Agreement |
Eigth Assembly | 0 | Minority – Parliamentary Agreement |
Ninth Assembly* | 10 | Minority – Parliamentary Agreement |
Tenth Assembly | Minority – Parliamentary and Government Agreement |