← All decisions

1. What was proposedLeanne CastleyLiberal · Opposition
   Original wording

   That this Assembly resolves that: (1) orders for the production of documents are an inherent power of any Westminster Parliament, including the ACT Legislative Assembly, and an essential tool by which the legislature ensures the transparency and accountability of the Executive; (2) the ACT Legislative Assembly may order the Executive to produce a document and, where a document does not exist, such an order compels the Executive to create and produce a document containing the information sought by the order; and (3) there is no obligation on Members to first seek information through questions without notice, questions on notice, freedom of information, or other mechanisms before seeking an order in the Assembly.

2. Proposed changeAndrew BarrLabor · Minister18 March 2025

   Grouped by key words as: rewrote the proposal.

   The exact wording of this change

   Omit all text after paragraph (1), substitute: “(2) the ACT Legislative Assembly may order the Executive to produce a document and, where a document does not exist, such an order may require the Executive to create and produce a document containing the information sought by the order; (3) there is no obligation on Members to first seek information through the various mechanisms available such as questions without notice, questions on notice, freedom of information, open access (which includes incoming Ministerial Briefs, estimate briefs, question time briefs and cabinet summary decisions) before seeking an order in the Assembly. These mechanisms allow the ACT Public Service to undertake independent assessments in relation to privileged information contained in documents, ensuring factors such as personal information and commercial in confidence information are assessed for release; and (4) that under standing order 213A where a document or documents is considered by the Chief Minister to be privileged, a claim of privilege can be made.”. Debate continued.

   Agreed on the voices. No individual votes were recorded. Its wording is in the final text.

3. What the Assembly decidedAgreed

   Decided on the voices: no individual votes were recorded, so this doesn’t show that every MLA agreed.

   Final agreed wording, with changes marked

   That this Assembly resolves that: (1) orders for the production of documents are an inherent power of any Westminster Parliament, including the ACT Legislative Assembly, and an essential tool by which the legislature ensures the transparency and accountability of the Executive; (2) the ACT Legislative Assembly may order the Executive to produce a document and, where a document does not exist, such an order may require the Executive to create and produce a document containing the information sought by the order; (3) there is no obligation on Members to first seek information through the various mechanisms available, such as questions without notice, questions on notice, freedom of information, open access (which includes incoming ministerial briefs, estimate briefs, question time briefs and cabinet summary decisions), before seeking an order in the Assembly. These mechanisms allow the ACT Public Service to undertake independent assessments in relation to privileged information contained in documents, ensuring factors such as personal information and commercial in confidence information are assessed for release; and (4) that under standing order 213A where a document or documents is considered by the Chief Minister to be privileged, a claim of privilege can be made.

   Original and final wording compared

   taken out put in

   That this Assembly resolves that: (1) orders for the production of documents are an inherent power of any Westminster Parliament, including the ACT Legislative Assembly, and an essential tool by which the legislature ensures the transparency and accountability of the Executive; (2) the ACT Legislative Assembly may order the Executive to produce a document and, where a document does not exist, such an order [taken out: compels][put in: may require]the Executive to create and produce a document containing the information sought by the order; [taken out: and](3) there is no obligation on Members to first seek information through [put in: the various mechanisms available, such as]questions without notice, questions on notice, freedom of information, [taken out: or other mechanisms][put in: open access (which includes incoming ministerial briefs, estimate briefs, question time briefs and cabinet summary decisions),]before seeking an order in the Assembly. [put in: These mechanisms allow the ACT Public Service to undertake independent assessments in relation to privileged information contained in documents, ensuring factors such as personal information and commercial in confidence information are assessed for release; and (4) that under standing order 213A where a document or documents is considered by the Chief Minister to be privileged, a claim of privilege can be made.]

   Compared word by word by computer, ignoring punctuation. It shows what differs, not which change made each difference; the steps above show that.