DATE: Monday, March 19, 2001
PREMIER ANNOUNCES CONSTITUTIONAL
COMMISSION
The Premier, Mr Steve Bracks, today
announced
the establishment of a Constitutional Commission to
investigate and
make
recommendations on reform of the Legislative Council.
"We made a commitment to
Victorians that we
would reform the Upper House to ensure that it is
accountable and
that is
operates effectively as a genuine House of Review," Mr Bracks
said.
"The establishment of this
Commission will
give all Victorians a chance to have their say on whether the
Upper
House is
doing its job, and how it could be improved," he said.
Mr Bracks said Professor, the Hon
George Hampel
QC had accepted his invitation to chair the
Commission.
Mr Hampel will be joined by the Hon
Ian Macphee
and the Hon Alan Hunt, who bring extensive
parliamentary experience
to the
Commission.
"The Commissioners are all
eminent
Victorians and I am confident they will conduct the work of
the
Commission in
an independent, professional and inclusive manner," Mr Bracks
said.
Mr Bracks said that the Commission's
terms of
reference were focussed on the role of the Upper House
as well as
fixed four
year terms. The overarching consideration is whether the governance of
Victoria
could be improved.
"The Government will continue
to argue the
case for reform of the Upper House and the establishment of
an
independent
Commission will promote community debate on the best means to achieve
this
reform,"
he said.
Mr Bracks said that the Commission
would conduct
hearings throughout the State and would report by
June 30, 2002. The
estimated cost is $2 million.
"The Victorian Upper House is
unrepresentative and obstructionist - and its reform is long
overdue,"
Mr
Bracks said.
"Upper Houses have been
reformed in all
Australian states except Victoria, where we are still operating
with
an 1860s
model for the 21st century."
"This is a view clearly shared
by the
Victorian Opposition, which also committed to the establishment of
a
constitutional commission in its charter with the
Independents.
"I look forward to a bipartisan
approach to
the development of a much more democratic and accountable
structure
for
Victoria's Legislative Council," he said.
(Attachments - Terms of
Reference and CVs of
Commission members)
CONSTITUTIONAL COMMISSION
Professor, the Hon George Hampel QC
(Chair)
Admitted to the Victorian Bar- 1958
Admitted
New South
Wales, ACT, WA, TAS and England
Appointed Queen's Counsel-
1976
Former Vice
President- Law Council of Australia
¨ Former Vice Chairman-
Victorian Bar
Council
¨ Justice of the Supreme Court of Victoria
1983-2000
¨
Appointed Professor of Advocacy and Trial Practice Monash University
September
2000 (Current)
¨ Foundation President of the International
Academy of
Forensic Studies (Current)
The Hon Ian Macphee AO
¨ Former Member House of
Representatives -
Goldstein (1974-90)
¨ Former Federal Minister and Shadow
Minister
· Minister for Foreign Affairs - 1984-85
·
Minister
for Status of Women - 1983-84
· Minister for Employment and
Industrial
Relations - 1982-84
· Minister for Immigration and Ethnic
Affairs -
1979-82
· Minister Assisting the Treasurer -
1979-80
·
Minister for Productivity - 1976-79
¨ Former Partner, Corrs
Chambers
Westgarth (resigned 1995)
¨ Former Member Board CARE Australia -
1992-97
¨ Former Chair Graduate School of Government, Monash
University -
1993-97
The Hon
Alan Hunt
AM
¨ Former member Legislative
Council -
Sth-Eastern Province (1961-1992)
¨ Former Minister and Shadow
Minister
including:
· Minister for Local Government -
1971-79
·
Minister for Planning - 1978-79
· Minister for Federal Affairs
-
1976-78
· Minister for Education - 1979-82
·
Attorney-General - 1976
Represented Victoria continuously on the
Australian
Constitutional Convention 1973-1986.
Currently
Senior Fellow
Monash University Governance and Government Unit.
CONSTITUTIONAL
COMMISSION
TERMS OF REFERENCE
Professor, the Hon George Hampel QC, the Hon Ian
Macphee
AO and the Hon Alan Hunt AM are
appointed to comprise a
Constitutional
Commission and Professor, the Hon George Hampel QC is
appointed as
Chairperson of that Commission.
The purpose of the Commission is to
research,
investigate, consult, report on and make recommendations
concerning
the
following issues.
Whether
the
governance of Victoria would be improved by any and, if so, what reforms
of
and/or
changes to
the Constitution Act 1975, The Constitution Act Amendment Act 1958
and
associated
legislation that:
(a)
Enable the
Legislative Council to operate effectively as a genuine House of Review.
In
considering
this
term, the Commission is to
consider:
(i) the responsiveness and responsibility of the Upper House to the
Victorian
people;
(ii) the role of and accountability of the Upper House in relation to
Executive
Government;
(iii) whether the Legislative Council should retain the power to reject
appropriation
bills, and, if so, whether any or what limitations should be placed on
that
power;
(iv) whether the Members of the Legislative Council should be elected
one half
at
each election or should all be simultaneously
elected;
(v) whether the Legislative Council should be elected on the basis of
proportional
representation and, if so whether this should be on the basis of multi
member
electorates or on any other and what
basis.
(b)
Give effect
to any and, if so, what of the following further
measures:
(i) a fixed four year term of
Parliament.
(ii) the reduction, to any and what extent, of the total number of
Members of
either
House of
Parliament.
(iii) the removal or modification in any way of the nexus between the
Houses
which
is provided by sections 27 and 28 of the Constitution Act.
That nexus is comprised of the following elements:
· each Legislative Council
province
consists of four complete and contiguous Legislative
Assembly
districts;
· each Legislative Council province
returns 2
members, elected on rotation, with a term equal to two
Legislative
Assembly
terms; and
· requiring half of the Members of the Legislative
Council
to be elected at the same time as the Members
of the Legislative
Assembly.
In making the research and
investigations
referred to above, the Commission is to seek and consider
submissions
from
the public in any manner it considers appropriate.
In making the report or reports of
its research
and investigations, the Commission is to include any
recommendations
arising
out of its inquiry as it considers appropriate, including
recommendations
regarding any proposed legislative or administrative
changes
that are necessary or desirable.
The Commission is to conduct its
inquiry as
expeditiously as possible and is to provide the report or
reports of
the
results of its inquiry and its recommendations not later than 30 June
2002.