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Governing the City State - Chief Minister and Treasury Directorate ...

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CHAPTER TWO: CONTEXT FOR THE REVIEWHistory of Self Government in <strong>the</strong> Australian Capital TerritoryAnyone who is a democrat, who believes in democracy, who considers that freedom isimportant, must recognise that it is an anomaly that <strong>the</strong> ACT, <strong>the</strong> capital of democracy, doesnot have democracy itself. 5It is interesting to note that <strong>the</strong> sometimes esoteric topic of <strong>the</strong> Australian Capital Territory’s(ACT) self government arrangements were <strong>the</strong> subject of much public comment during <strong>the</strong>course of <strong>the</strong> Review, including as a result of <strong>the</strong> introduction of two Bills in <strong>the</strong> Senate by<strong>the</strong> Leader of <strong>the</strong> Australian Greens, Senator Bob Brown, seeking to remove <strong>the</strong> prohibitionon <strong>the</strong> Legislative Assembly for <strong>the</strong> ACT (<strong>the</strong> Assembly) making laws with regard toeuthanasia, <strong>and</strong> to remove <strong>the</strong> capacity of <strong>the</strong> Commonwealth Executive to administrativelyoverturn a law passed by <strong>the</strong> Assembly. 6The history of self government in <strong>the</strong> ACT is a somewhat chequered one: among <strong>the</strong>members of <strong>the</strong> First Assembly in 1989 were representatives of <strong>the</strong> Abolish Self GovernmentCoalition <strong>and</strong> <strong>the</strong> No Self Government Party. The fact that a significant majority ofCanberrans were opposed to self government, coupled with <strong>the</strong> sentiment that Canberra wasa better place when it was overseen by <strong>the</strong> National Capital Development Commission, stillunderpins some criticisms of <strong>the</strong> current governance arrangements for <strong>the</strong> ACT <strong>and</strong> <strong>the</strong>performance of <strong>the</strong> government of <strong>the</strong> day.That said <strong>the</strong>re is an emerging maturity in <strong>the</strong> self government arrangements, <strong>the</strong>20 th Anniversary of which were celebrated in 2009. There is no official suggestion orgroundswell of support for a return to direct administration by <strong>the</strong> Commonwealth, <strong>and</strong> agrowing sense that <strong>the</strong> ACT Government <strong>and</strong> <strong>the</strong> ACTPS are poised to enter <strong>the</strong> next phaseof <strong>the</strong>ir development. Indeed, in public discussion of reform of <strong>the</strong> Australian Federation, itis regional governance arrangements similar to those already in place in <strong>the</strong> ACT that areoften promoted.The Path to Self GovernmentIn keeping with <strong>the</strong> compromises reached at <strong>the</strong> time of Federation to overcome rivalrybetween Sydney <strong>and</strong> Melbourne over which city should become <strong>the</strong> new capital, as embodiedin section 125 of The Constitution 7 , <strong>the</strong> Commonwealth Parliament passed <strong>the</strong> Seat ofGovernment Act (1908) (Cwlth) which declared “<strong>the</strong> Seat of Government of <strong>the</strong>Commonwealth shall be in <strong>the</strong> district of Yass-Canberra in <strong>the</strong> <strong>State</strong> of New South Wales”. 8That Act also provided “<strong>the</strong> Territory to be granted to or acquired by <strong>the</strong> Commonwealth for5 Langmore, J. (1988) House of Representatives Hansard. 3 November, p.2427.6 See <strong>the</strong> Australian Capital Territory (Self-Government) Amendment (Disallowance <strong>and</strong> Amendment Power of <strong>the</strong>Commonwealth) Bill 2010, <strong>and</strong> <strong>the</strong> Restoring Territory Rights (Voluntary Euthanasia Legislation) Bill 2010 athttp://parlinfo.aph.gov.au/parlInfo/search/search.w3p7 See http://www.comlaw.gov.au/8 See http://www.comlaw.gov.au/Context for <strong>the</strong> Review: 29

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