Report on the Conduct of Mr Davis MLA

Terms of reference

Continuing resolution 5AA

COMMISSIONER FOR STANDARDS

Resolution agreed by the Assembly

31 October 2013 (as amended 9 June 2016, 3 August 2017 and 22 August 2019)

Commissioner for standards

That this Assembly requests the Speaker to appoint a Legislative Assembly Commissioner for Standards on the following terms:

(1) The Speaker must, after each Assembly is elected or whenever the office becomes vacant, appoint a Commissioner for the life of that Assembly and the period of six months after each election. The appointment is for the term of the Assembly and the period of six months after the election at the conclusion of that term. The Speaker may decide not to seek expressions of interest if only one term has been served by the Commissioner.

(2) Before appointing a Commissioner, the Speaker must consult with the Chief Minister, the Leader of the Opposition and Crossbench Members.

(3) The Commissioner may be dismissed only following a resolution of the Legislative Assembly resolving to require the Speaker to end the Commissioner’s appointment—

(a) for misbehaviour; or

(b) for physical or mental incapacity, if the incapacity substantially affects the exercise of the Commissioner’s functions.

However, a motion for such a resolution may only be debated after the Standing Committee on Administration and Procedure (‘the Committee’) has reported to the Assembly that it is satisfied that the Commissioner is unfit for the office or unable to fulfil the Commissioner’s functions.

(4) The functions of the Commissioner are to:

(a) investigate complaints about Members lodged via the Clerk to the Commissioner;

(b) report to the Standing Committee on Administration and Procedure; and

(4A)     The Committee will inquire into and report on any report provided to it by the Commissioner pursuant to subparagraph 4(b) of this resolution.

(5) Anyone may make a complaint to the Commissioner via the Clerk of the Legislative Assembly about a Member’s compliance with the Members’ Code of Conduct or the rules relating to the registration or declaration of interests. The Integrity Commissioner established pursuant to the Integrity Commission Act 2018 may also refer matters to the Commissioner for Standards for consideration via the Clerk of the Legislative Assembly about matters the Integrity Commissioner considers should be referred. (Amended 22 August 2019)

(6) If the Commissioner receives a complaint about a Member pursuant to paragraph (5) and the Commissioner believes on reasonable grounds that—

(a) there is sufficient evidence as to justify investigating the matter; and

(b) the complaint is not frivolous, vexatious or only for political advantage;

the Commissioner may investigate the matter and report to the Committee. If the Commissioner considers that the complaint is more properly the purview of the Integrity Commissioner, the Commissioner shall refer the matter to the Integrity Commissioner.

(7) In exercising the functions of Commissioner the following must be observed:

(a) The Commissioner must not make a report to the Committee if the Member about whom the complaint was made has agreed that he or she has failed to register or declare an interest if —

(i) in the Commissioner’s opinion the interest involved is minor or the failure was inadvertent; and

(ii) the Member concerned has taken such action to rectify the failure as the Commissioner may have required within any procedure approved by the Committee for this purpose.

(b) The Commissioner must not make a report to the Committee unless the Commissioner has—

(i) given a copy of the proposed report to the Member who is the subject of the complaint under investigation;

(ii) the Member has had a reasonable time to provide comments on the proposed report; and

(iii) the Commissioner has considered any comments provided by the Member.

(c) The Commissioner must report by 31 August each year to the Speaker on the exercise of the functions of the Commissioner.

Code of conduct for all members of the Legislative Assembly for the Australian Capital Territory

25 August 2005 (amended 16 August 2006, 24 October 2013, 3 August 2017, 30 July 2019)

Resolution agreed by the Assembly

The Members of the Legislative Assembly for the Australian Capital Territory acknowledge that, in a parliamentary democracy they cannot command, but must constantly strive to earn and maintain, the respect and support of those who have elected them to their positions of honour and privilege as Members.

In committing to this Code of Conduct, Members undertake, to the community and to one another, that they shall not act in a manner inconsistent with their duties and obligations as Members and that the following principles shall guide their conduct as Members in all matters:

(1) Members should at all times act with integrity, honesty and diligence.

(2) Members should act only in the interests of, and with respect for, the people of the Australian Capital Territory and in conformity with all laws applicable in the Territory.

(3) Members should uphold the separation of powers and the rule of law

(4) Members should always act in the public interest, make decisions and choices on merit, and not seek to gain financial or other benefit for themselves, their family or friends.

(5) Members should be reasonably accessible to the people of the electorate they have been elected to serve, and should represent their interests conscientiously.

(6) Members should be transparent in, and accountable for, their decisions and actions and should submit themselves to appropriate scrutiny.

(7) Members should make only proper use of those public resources to which they have access and should do so in a manner designed to make effective and efficient use of those resources.

(8) Members should respect the dignity and privacy of individuals, and not disclose confidential information to which they have official access other than with consent or as required by law.

(9) Members should observe proper standards of parliamentary conduct, and observe respect for differences and fairness in their political dealings.

(10) Members should promote and support these principles by leadership and example, in order to maintain and support public trust and confidence in the integrity of the Assembly and the conduct by its Members of public business.

Consistent with the above principles, Members further undertake that they should:

(11) Treat all citizens of the Australian Capital Territory with courtesy, and respect the diversity of their backgrounds, experiences and views. In particular, Members should by their words and actions demonstrate, and by their example and leadership encourage and foster others to show, respect for the peaceful, temperate and lawful exercise by all members of the community of their shared and individual rights and entitlements, including freedom of religion, freedom of association and freedom of speech.

(12) Actively seek to avoid or prevent any conflict of interest, or the perception of such a conflict, arising between their duties as a Member and their personal affairs and interests, take all reasonable steps to resolve any such conflict or perception of a conflict that does arise, and:

(a) comply with section 15 of the Australian Capital Territory (Self‑Government) Act 1988 (Cwth);

(b) declare their pecuniary interests and ensure that their declaration is kept up to date pursuant to the resolution of the Assembly ‘Declaration of Private Interests of Members’ agreed to on 7 April 1992 (as amended or replaced from time to time); and

(c) disclose in a manner appropriate to the circumstances any other financial or non-financial interest that they may hold, or which they may be reasonably perceived to hold (other than as a member of the public or of a broad class of persons) which a reasonable observer, informed of that interest, might perceive as giving rise to a conflict of interest with the performance of the Member’s duty as a Member.

(13) Ensure that outside occupational or other pursuits do not unreasonably impact on their duties as a Member.

(14) Not solicit to undertake, or undertake, any activity as a Member in return for the provision, promise or expectation of any improper benefit to the Member or to another person.

(15) Take care to consider the rights and reputations of others before making use of their unique protection of parliamentary privilege consistent with the resolution of the Assembly ‘Exercise of freedom of speech’ agreed to on 4 May 1995 (as amended or replaced from time to time).

(16) Not use information received by them as a Member that is not in the public domain in breach of any obligation of confidence applicable to their receipt of that information unless required by law, or improperly for the private benefit of themselves or another person.

(17) In their capacity as an employer on behalf of the Territory under the Legislative Assembly (Members’ Staff) Act 1989:

(a) familiarise themselves and comply with the terms and conditions on which their personal staff are engaged and with all applicable policies and practices (including those related to occupational health and safety, discrimination, harassment and bullying, equal employment opportunity and use of information technology);

(b) not employ a family member as defined in that Act;

(c) direct their personal staff to be mindful of the Member’s commitment to this Code of Conduct, and to assist the Member to comply with this Code of Conduct; and

(d) direct their personal staff to comply with any code of conduct applicable to those staff from time to time.

(18) In all their dealings with staff of the Assembly and members of the ACT Public Service:

(a) extend professional courtesy and respect; and

(b) recognise the unique position of impartiality and the obligations of Public Service officials.

(19) Only make a complaint about the compliance of another Member with this Code of Conduct where they believe there are reasonable grounds to suspect non-compliance and not make any such complaint that is frivolous or vexatious or only for political advantage.

(20) Cooperate fully with any official inquiry that may be commenced in connection with their compliance with this Code of Conduct, or that of another Member.

(21) Within the first six months after an election for the Assembly, the Assembly shall reaffirm its commitment to the principles, obligations and aspirations of the code. Where a new member is elected to fill a vacancy the new member shall, before he or she makes an inaugural speech, affirm that he or she will abide by the code.