Additional comments from Senator David Pocock

1.1I thank the Committee for the opportunity to make additional comments to the Inquiry.

1.2I did not support the establishment of this inquiry and was disappointed the Coalition and the Australian Greens voted together to refer a Bill that explicitly seeks to undermine Territory Rights to a committee for an inquiry.

1.3While not supporting the inquiry, in the interest of transparency I supported the Inquiry being allowed to hold a public hearing. Legislation committees which consider Bills are controlled by the Government, and on principle I do not support the Government using its numbers on these committees to block public hearings on matters that they do not agree with.

1.4Further, public hearings are routine for inquiries when established, and I am aware of a number of community members and organisations that made submissions in good faith believing they would have the opportunity to present evidence at a public hearing.

1.5I recognise the concerns that have been raised with me by people in the ACT community, many worried about the renewed assault on Territory Rights and others who feel they have lost a faith-based Canberra institution that has been there for them in times of need.

1.6I communicated these concerns directly to the ACT Chief Minister and the ACT Health Minister and asked them to consider an inquiry at the Territory-level, where the decision was made and where we have elected representatives to hold the ACT Government accountable.

1.7Testimony given at the public hearing confirmed that no such request for an inquiry had been made to the relevant ACT Legislative Assembly Committees by either Calvary Health Care or the Catholic Archdiocese of Canberra and Goulburn.

1.8In the reply letter from the ACT Chief Minister and ACT Health Minister, which has been tabled, the ACT Government said they had no objection to an Inquiry and had referred my letter to the Standing Committee on Health and Community Wellbeing for consideration.

1.9I understand that that Committee has since resolved not to undertake an Inquiry and has opted to receive private briefings on the transition.

1.10The reply letter also stated that the committees of the ACT Legislative Assembly had been able to establish an Inquiry at any time since the Bill had been introduced. As I understand it, the Standing Committee on Public Accounts and the Standing Committee on Health and Community Wellbeing both resolved not to hold an inquiry.

1.11Ultimately, the decision to hold an inquiry rightfully rests with the ACT Legislative Assembly, as a democratically elected institution and I respect their consideration of my request on behalf of the community members that raised concerns with me.

1.12The Senate recently reaffirmed its commitment to the rights of people living in Australia’s territories, being the rights of those people - people in my community that I have great respect for - to democratically elect a legislature and a government to self-govern with the same legislative freedoms as the states.

1.13Allowing the Commonwealth to interfere again would undermine the very recent conclusion of the 25-year-long campaign to undo the Andrews Bill and put the ACT back onto equal footing with the states.

1.14I do not support the Bill and I recommend it be opposed in the Senate.

Senator David Pocock

Participating Member

Independent Senator for the Australian Capital Territory