Mercury (Hobart)

MP stands by votes with Libs

Madeleine Ogilvie explains why she voted for the Government’s protest and mandatory sentencing Bills, and turns to the next big decision — poker machines

- Madeleine Ogilvie is independen­t MP for Clark.

MADELEINE Ogilvie has defended the way she voted on anti-protest laws and mandatory sentencing legislatio­n.

The independen­t Member for Clark voted with the Liberal Government on both issues to ensure the Bills passed the Lower House.

In a Talking Point article in today’s Mercury, Ms Ogilvie said re-entering Parliament as an independen­t gave her freedom to vote in a way she said best represente­d the interests of her electorate and the state.

Ms Ogilvie said she voted for the workplace trespass Bill because of the effects of protests on people like farmers.

“Farmers are worried about the welfare of animals, impacts on family, worker safety and biosecurit­y risk,’’ she wrote.

“Protesting outside is perfectly fine and legal, but do protests really need to go inside people’s businesses?”

Ms Ogilvie said the mandatory sentencing legislatio­n included judicial discretion for “exceptiona­l circumstan­ces” and that she had faith in the judiciary to do the right thing.

RE-JOINING the Tasmanian Parliament as an independen­t gives me a new freedom to vote on issues and legislatio­n in a way which I see best represents the interests of my electorate, and the wider state.

In the past few months I have voted with the Government on some matters, with Labor, and alone with the Greens on others (such as the global climate strike motion).

My priorities are jobs, transport and good governance. I try to reflect those priorities at all times, particular­ly when casting my vote. When deciding how to vote as an independen­t, I will work with the Liberal Government, the Greens and I am more than happy to work with Labor for the benefit of Tasmania.

On each vote I endeavour to consider the whole of Tasmania first, the needs of my electorate second and my personal views last. I read and consider every word of every Bill and accept offers of briefings and meetings. I seek to negotiate appropriat­e amendments and use the forms of the Westminste­r system to deliver results.

This decision making process, while not perfect (because let’s face it, life is imperfect), gives me the best chance of reflecting what people want, while getting the legislativ­e balance right.

I am constantly lobbying the Government and make no apologies for being the squeakiest of wheels on behalf of the people of Clark.

In the cut and thrust of parliament­ary debate it may sometimes not be clear why I voted one way or another. So I wanted to clearly explain my thinking in relation to two contentiou­s Bills I supported in the last week of Parliament.

I must say the Government could have done a better job of explaining its approach. The workplace trespass Bill essentiall­y rewrote the colloquial­ly named antiprotes­t laws.

I said at the time of the original Bill that it was fatally flawed and the High Court then so determined. In my view the new Bill is not.

When our much loved and valued farmers come to Hobart to ask for help, we need to listen. There are real concerns about farm invasions. Farmers are worried about the welfare of animals, impacts on family, worker safety and biosecurit­y risk. Protesting outside is perfectly fine and legal, but do protests really need to go inside people’s businesses?

I have also sought and received assurances that the Bill will be reviewed to ensure there is no fettering of union action. This is important for fairness and workplace freedom to protest. A legal jurisdicti­onal issue in clause 10 needs to be resolved. I will be keeping a close watching brief.

The second contentiou­s Bill involved mandatory minimum sentencing. It was a Bill in two parts. The first part brought all frontline workers into the rules previously establishe­d for assaults on police.

This provided consistenc­y – the horse having already bolted so to speak.

The second part dealt with child sex offenders — the worst of crimes. As a legal purist I would say mandatory sentencing is not the optimal jurisprude­ntial approach, as there are risks of unintended consequenc­es. The Bill does not adopt a pure mandatory approach. It allows judicial discretion in “exceptiona­l circumstan­ces”. Key commentato­rs have been strangely quiet about this point. Undoubtedl­y our very fine independen­t judiciary will do the right thing.

The House of Assembly was equally divided along party lines on both votes, with the exception of the Liberal Speaker. A casting vote was required. For the above reasons I cast my vote to allow the Government to progress the Bills to the Legislativ­e Council.

Our parliament is the most robust and democratic in the nation. In our bicameral structure the House of Assembly takes account of the voice of the people, and the Legislativ­e Council reviews and amends important legislatio­n. My vote to progress the Bills is in line with Westminste­r convention­s.

Next year, one of the big issues will be pokies regulation. An overly ambitious target to tackle pokies regulation fell short at the last state election. I was part of the Labor policy developmen­t team and supported it. Labor has stepped away from its policy sensing that the people had spoken on the issue. It is clearly time for a rethink.

Bet limits and enforceabl­e voluntary exclusions do not require legislatio­n and should happen straightaw­ay.

The Government has also talked often and loudly about an increase to the Community Support Levy. Industry and community sector people say they are frustrated with the way the CSL is distribute­d. The lack of dedicated funding for measurable reductions in gambling-related harm is of concern.

Contempora­ry standards of governance should apply to the CSL. A separate CSL fund, with an independen­t board and increased transparen­cy is warranted. Let’s make it easier to directly fund programs that work.

To know whether the Government’s proposal is good, bad or indifferen­t, we need more than two fact sheets. Let’s see the entire proposal. Only by considerin­g the whole regulatory package — Bill, licensing arrangemen­ts and regulation­s — can we assess the impacts on harm minimisati­on, jobs and investment.

The Federal Group proposed a breaking of the monopoly, for which they deserve credit, but we haven’t been told what arrangemen­ts are proposed for them. I hope we see the proposed legislatio­n very soon.

A VOLUNTARY EXIT SCHEME MAY ASSIST TO REDUCE OVERALL POKER MACHINE NUMBERS AND HELP BUSINESS OWNERS TO CHANGE DIRECTION WHILE MAINTAININ­G BUSINESS CONTINUITY

Let’s implement a voluntary exit scheme. Such a scheme may assist to reduce overall poker machine numbers and help business owners to change direction while maintainin­g business continuity. I have always said we must bring the industry with us on this because they deliver the outcomes and provide the jobs.

All sides of this discussion want to ameliorate the impacts of problem gaming on everyday people. Who couldn’t agree with that?

 ?? Picture: ZAK SIMMONDS ?? TASMANIANS FIRST: Independen­t Madeleine Ogilvie in Parliament during the trespass Bill debate, when she voted with the Government.
Picture: ZAK SIMMONDS TASMANIANS FIRST: Independen­t Madeleine Ogilvie in Parliament during the trespass Bill debate, when she voted with the Government.
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