This page contains a Flash digital edition of a book.
Benchmarks for Democratic Legislatures


Appendix A: Benchmarks for democratic legislatures - ACT Legislative Assembly compliance Benchmark


1.1.1 Members of the popularly elected or only house shall be elected by direct universal and equal suffrage in a free and secret ballot.


1.1.2 Legislative elections shall meet international standards for genuine and transparent elections.


1.1.3 Term lengths for members of the popular house shall reflect the need for accountability through regular and periodic legislative elections.


1.2.1 Restrictions on candidate eligibility shall not be based on religion, gender,


Legislative Assembly for the Australian Capital Territory - comments 


 


Fixed term elections (held every four years) 


ethnicity, race or disability. 1.2.2 Special measures to encourage the political participation of marginalized groups  shall be narrowly drawn to accomplish precisely defined, and time-limited, objectives.


1.3.1 No elected member shall be required to take a religious oath against his or her conscience in order to take his or her seat in the legislature.


1.3.2 In a bicameral legislature, a legislator may not be a member of both houses.


1.3.3 A legislator may not simultaneously serve in the judicial branch or as a civil servant of the executive branch. 1.4.1 Legislators shall have immunity for anything said in the course of the proceedings of legislature.


1.4.2 Parliamentary immunity shall not extend beyond the term of office; but a former legislator shall continue to enjoy protection for his or her term of office. 1.4.3 The executive branch shall have no right or power to lift the immunity of a legislator.


1.4.4 Legislators must be able to carry out their legislative and constitutional functions in accordance with the constitution, free from interference. 1.5.1 The legislature shall provide proper remuneration and reimbursement of


parliamentary expenses to legislators for their service, and all forms of compensation shall be allocated on a nonpartisan basis. 1.6.1 Legislators shall have the right to resign their seats.


1.7.1 The legislature shall have adequate physical infrastructure to enable members and staff to fulfil their responsibilities.


There are no special measures in place of this nature 


Members can take an oath or a secular affirmation


n/a - the Assembly is unicameral 


Parliamentary privilege applies to MLAs 


  


 


2.1.1 Only the legislature may adopt and amend its rules of procedure. 2.2.1 The legislature shall select or elect presiding officers pursuant to criteria and procedures clearly defined in the rules of procedure.


This is a difficult area to operationalise and relates to the Latimer House principles. However, the Assembly has adequate physical infrastructure (i.e. a building and associated facilities which provides a suitable venue for the Assembly and its committees).  


2.3.1 The legislature shall meet regularly, at intervals sufficient to fulfil its responsibilities.  2.3.2 The legislature shall have procedures for calling itself into regular session. 2.3.3 The legislature shall have procedures for calling itself into extraordinary or special session.


 


2.3.4 Provisions for the executive branch to convene a special session of the legislature shall be clearly specified.





There is a requirement for 9 members of the Assembly to agree to a special sitting of the Assembly proceeding (i.e. an absolute majority)


2.4.1 Legislators shall have the right to vote to amend the proposed agenda for debate.  2.4.2 Legislators in the lower or only house shall have the right to initiate legislation  and to offer amendments to proposed legislation.


2.4.3 The legislature shall give legislators adequate advance notice of session meetings and the agenda for the meeting.





The Parliamentarian 2008/Issue Four 309


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76  |  Page 77  |  Page 78  |  Page 79  |  Page 80  |  Page 81  |  Page 82  |  Page 83  |  Page 84  |  Page 85  |  Page 86  |  Page 87  |  Page 88  |  Page 89  |  Page 90  |  Page 91  |  Page 92