An ACT referendum will be required on a issue if supported by 10,000 signatures under a proposal detailed by the Leader of the Opposition, Kate Carnell, yesterday.
She said the Community Referendum Bill would be introduced into the Legislative Assembly next month. The trigger number of signatures would be 5 per cent of electors, or about 10,000, collected in six months.
Her announcement came before a federal conference on citizens’ initiated referendums (or direct democracy) on Thursday. That conference will be addressed by Liberal Peter Reith, Democrat Leader Cheryl Kernot, Independent Ted Mack, authors Bryce Courtenay, Tom Kenneally and Morris West, and Ms Carnell.
In the ACT, the two independents, Michael Moore and Helen Szuty and Abolish Self-Goverment MLA Dennis Stevenson support the idea, but have differences over details.
Under the Liberals’ Bill, referendums would be held on the third Saturday in February coinciding with elections or in non-election years in special circumstances.
The Assembly would get a chance to pass the law after the signatures were collected. It is passed it, the referendum would be unnecessary.
The proposed law must be made public for four months before the referendum.
“”With up to six months of signature collecting and at least four months of the law being before the community, the proposers will really have to prove their case,” Ms Carnell said. “”It will not be possible for fringe groups to play on the emotion of the moment to get through extreme measures.
“”This system gives power back to the people who elected us and provides everyone with a real and enforceable say in government.”
The proposal has several checking stages.
The process starts with a sponsoring committee of between two and 10 electors who want to make or change a law. It drafts a description of no more than 100 words.
The description is checked by the Electoral Commissioner to make sure it refers to only one proposal; is not ambiguous; is legally viable; does not block the Budget and if requiring considerable cost indicates funding sources (revenue raised or spending forgone).
The committee then must get 1000 supporting signatures which are checked by 10 per cent sample by the commissioner who then gazettes the proposal. The committee then has six months to get the 5 per cent of electors.
If they get them, they draft a proposed law, using government service advice if necessary to ensure the law is consistent with the gazetted proposal, suitable for presentation as a referendum question and suitble for presentation to the Legislative Assembly.
If the proposed law meets those conditions, it is certified by the Attorney-General. If the Assembly does not pass the law it goes to referendum.
If approved by half of those voting, the goes to the Assembly where the Chief Minister must move it be adopted.
Convention would have it that the Assembly would pass it. It would require Federal Parliament to amend the Self-Government Act to make a referendum yes vote become law automatically.
Similar systems are in force in a dozen or more US states and several European countries.
Point to column on editorial page plse.