General

15.1. Regional Assemblies are responsible to the People of their Region for the delivery of public services and for all aspects of governance constrained only by national policy and procedures and national laws passed by the National Parliament. 

15.2. Regional Assemblies may pass Ordinances applicable to local issues and enforceable in that Region only. Such ordinances shall be in accord with national policy unless specific legislation by the National Parliament allows otherwise.

15.3. Each Regional Assembly shall elect one of their experienced Members or recent former Members to represent the Region in the National Parliament.

This means that only experienced and capable persons who have proved themselves to their fellow Assembly Members will be elected to the National parliament.

15.4. When a sitting Member of a Regional Assembly is elected to the National Parliament, a new election shall be held to elect a new representative for that electorate.

15.5. The Member elected to represent a Region in the National Parliament shall be required to sit in the Regional Assembly for the last four days of the third full week in every month to brief the Regional Assembly and to be briefed on issues of concern to the Region. Thus Regional Assemblies become the “house of review” for issues before the National Parliament.

Election to Regional Assemblies

15.6. Each Region shall be divided into electorates of approximately 5000. Each electorate is entitled to elect one resident Citizen to represent that electorate in the Regional Assembly. In sparsely populated areas, electorates may be smaller to ensure the Regional Assembly has a minimum of nine Representatives.

This means that in a region of 250,000 there will be an Assembly comprising 50 Representatives.

Currently there are 150 MPs in the House of Representatives, 76 Senators, 594 State MPs in upper and lower Houses and approximately 6300 elected representatives in Local Government – a total of 7,120 elected persons.

Under the provisions of this Draft Constitution there will be approximately 4400 elected persons across the Nation. More importantly, most of these elected persons will be local representatives; not remote politicians representing political parties.

15.7. Citizens elected to Regional Assemblies shall be required to relinquish direct responsibility for businesses, etc. but shall not be required to divest themselves of businesses, farms, shares or other interests. 

It would be unfair in the extreme to expect people to sell off their business, etc to represent their community in the Regional Assembly for a single term of four years.

15.8. Members shall be elected to Regional Assemblies for a period of four years.

15.9. The optional preferential voting system prescribed in this Constitution shall be used to elect one representative from each electorate of approximately 5000. Elections shall be conducted in a maximum of one electorate every 28 days over four years so that no more than one new Member enters the Assembly every 28 days.

Rolling or staggered elections are used to overcome the disadvantages of “big bang” election days. Those disadvantages include:

a.      The “stop/start” nature of the business of government.

b.      The sudden change of policy direction.

c.       The sudden exodus of experienced and the influx of inexperienced Members.

d.      The uncertainty in business quarters when a “big-bang” election is imminent.

e.       The hype created and the excessive promises made by aspiring politicians.

f.        The excessive cost of electoral staff caused by the need for temporary staff during “an election year”.

15.10. Voting may be conducted in person, by post or electronically at the discretion of the Regional Electoral Commissioner.

15.11. Voting in Regional Assembly elections is compulsory.

15.12. Electorates may recall their representative with a 75% majority vote at referendum initiated by 500 voters or 10% or more of voters whichever is the lesser verified by the Electoral Commission; and hold a new election.

Qualification and Eligibility of Candidates

15.13. Members are not eligible to stand for election to consecutive terms as Members of the Regional Assembly.

The idea here is that the Assembly shall be made up of representatives of ordinary people in the community. This avoids a situation in which the Assembly is full of professional politicians who become less and less in touch with the People.

15.14. Other than retiring Members every Citizen eligible to vote and resident in the Region for a period of five years shall be eligible to stand as a candidate for election to the Regional Assembly. The Electoral Commissioner shall waive the residency requirement in cases where he is satisfied the recent relocation was not tied to the election.

This is to avoid discrimination against Citizens required to move around as part of their vocation such as Servicemen, diplomats, teachers, etc.

15.15. A recalled representative may be a candidate in the new election.

This is because the recalled representative may still be judged the best of those standing. Furthermore, he may have received more than 10% of the votes when originally elected. It would be incongruous for him to be excluded by fewer voters.

Assembly Procedures

15.16. The Assembly shall be configured as a round table and every Member shall have an equal right to speak for or against every issue before the Assembly.

15.17. A Chairman and Deputy Chairman of the Assembly shall be appointed by the Chief Executive Officer after taking advice from the Public Service Board.

This means that the chairman of debate in the Assembly will not be a politician but will be a professional chairman.

15.18. The Chairman and Deputy Chairman shall conduct the business of the Assembly and shall be accountable to the Chief Executive Officer.

15.19. Chairmen shall maintain strict control of debate in the Assembly, shall disallow raucous behaviour and shall prevent undesirable practices such as filibustering.

15.20. Regional Assemblies shall sit for the last four business days of every week.

This means that there shall be no “parliamentary recess”. By sitting for four days in each week, the business of the Assembly is continuous. Members of the Assembly will take their holidays as and when they like consistent with there being a quorum remaining in the Assembly but the Assembly will not close for business.

15.21. In sparsely populated areas Assembly business may be conducted by conference call, over the internet or by any other means at the discretion of the Chairman or 25% of Members.

15.22. The first item debated every day of sitting shall be the Agenda.

15.23. Members of Regional Assemblies shall declare any potential conflict of interest prior to any vote of the Assembly.

15.24. A vote in the Assembly shall not be taken until after Members have had an opportunity to refer the Bill to their constituents.

It is envisaged that Members of Regional Assemblies will hold regular, monthly public meetings in their electorates of only 5000 and/or conduct polls of their constituents.

Regional Legislation

15.25. When passed by Regional Assemblies and signed into effect by Chief Executive Offices, Bills shall become Ordinances.

15.26. Bills to create, amend or annul Ordinances shall be initiated by any Member of the Assembly, by the Chief Executive Officer, by the Executive Officer of any Department, or by the People of a Region using the procedure prescribed in Schedule 3.

15.27. Ordinances shall have no retrospective validity.

15.28. All Ordinances shall include a sunset clause.

This is to ensure that redundant ordinances do not accumulate and Ordinances remain relevant to contemporary society.

Voting in the Assembly

15.29. A quorum shall consist of 75% of Assembly Members.

15.30. Issues shall be decided by a 75% majority of those voting. The Chairman shall have no vote.

15.31. The votes of every Member of the Regional Assembly shall be recorded and published daily in Hansard and made available to the media.

This is to ensure that constituents are kept fully informed of how their representative is representing their views.

Implementation of Ordinances

15.32. Bills passed by the Assembly shall be passed to the Chief Executive Officer to be signed into effect.

15.33. Chief Executive Officers shall consult with the Constitutional Court to ensure Bills do not contravene the Constitution.

15.34. Chief Executive Officers dissatisfied with any Bill shall return the Bill to the Assembly with reasons. Bills twice presented to the Chief Executive Officer without amendment shall be signed into effect or submitted to referendum.

This provision is yet another check and balance in the system. It ensures that both the Assembly and the Chief Executive Officer remain accountable to the People of the region.

15.35. Chief Executive Officers shall pass Ordinances signed into effect to the appropriate Department(s) for implementation.

15.36. Regulations prepared by Departments shall be reviewed by the Assembly before being published or implemented.

This is to ensure that implementation does not distort the intention of policy or create unwarranted compliance measures.

15.37. It shall be the responsibility of Regional Executives to advertise appropriately the existence of Ordinances and any variations to National Law.

This to ensure that travellers are made aware of ordinances applicable to them while they are in a particular region.

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