The submissions below seek to ensure that this outcome be implemented, which would also be consistent with the Con Con communique. Moreover, as the Explanatory Statement to the Presidential Nominations Committee Bill 1999 explains, the Convention Communique recommended that the Committee be composed and operate as follows:

• the committee should be of a workable size and should have a balance between parliamentary and community members;
• all parties with party status in the Commonwealth Parliament should be represented on the committee;
• the composition of the committee should take into account so far as practicable considerations of federalism, gender, age and cultural diversity;
• the committee should be mindful of community diversity in the compilation of a shortlist of candidates for consideration by the Prime Minister; and
• no nomination should be disclosed without the consent of the nominee.

Amendments to Part 3 of current draft

We submit that the current bill does not satisfy the communique of the Con Con, nor does it satisfy at all the outcomes of the Women’s Con Con. The explanatory statement says at 3.11

 

The Convention also recommended that the composition of a Presidential Nominations Committee should take into account so far as practicable considerations of gender, age and cultural diversity. The fact that a Committee has 16 community members will permit these factors to be taken into account.

With respect, this statement does not ensure that the committee will fulfill the requirements as outlined above and the current drafting is inadequate to achieve these objectives.

We urge the Government to also include in the legislation the requirement that the committee be made up of equal numbers of men and women. Therefore, one of the guidelines to the Prime Minister, in making those appointments as outlined above, should be that the Prime Minister ensure that the committee is made up of 16 men and 16 women. So, for instance, if it evolved that out of the 16 parliamentary appointments, 10 were men, then the Prime Minister would then have to ensure that 10 women were appointed in the community component to ensure the equal numbers for the entire committee.

This amendment could occur in various ways -

Section 6 of the current draft could be amended to include at the end of the current section:

" so that the entire committee is to be made up of 16 men and 16 women"

Section 9 of the current draft could be amended read:

"Taking into account so far as is practicable considerations of federalism, gender, age and cultural diversity, the Prime Minister must appoint to a Presidential Nominations Committee 16 persons who are not members of any political party, non members of the Commonwealth Parliament….and in selecting the community members the Prime Minister must ensure that the entire committee is made up of 16 men and 16 women"

This amendment is also consistent with the Con Con outcomes.

Finally, we also recommend that section 14 be amended to include:

14(3) If a vacancy arises, the Prime Minister must ensure that the gender of the person vacating is the same as the new appointee.

Amendments to Part 4 of current draft

Section 20 of the current draft provides for a written report to the Prime Minister which includes a short list of nominees whom the Committee considers to be the most suitable candidates to be appointed as President. However, it does not go far enough to ensure the outcomes of the Women’s Con Con and the Con Con are fulfilled.

We urge that the legislation include amongst the responsibilities outlined for the committee the responsibility to submit to the Prime Minister a list, made up of an equal number of men and women, from which the Prime Minister would nominate the President to be approved by Parliament.

This amendment could occur in the following way:

Section 20 (2) could be amended to read:

"The report must include a short list of nominees, made up of an equal number of men and women, whom the committee considers to be the most suitable candidates to be appointed as President."

We also recommend that Section 20 (3)(a) be amended to read

"the diversity of the Australian community, including diversity of gender, age and culture…"

Moreover, we submit that the current draft of Section 20 (3) should be amended as there is an imputation that taking into account the diversity of the Australian community would somehow affect the committee’s ability to choose persons who would command the respect and support of the Australian community. This is an offensive imputation.

The requirement "of respect and support of the Australian community" is implicit in Section 20 (2) which requires a list of persons who are deemed to be "the most suitable candidates to be appointed as President", and if it is not implicit, then it should be included in section 20(2) so that the offensive imputation is not generated.

We submit that Section 20(3)(b) be deleted.

Further opportunity to comment

In conclusion, the Women’s Constitutional Steering Committee strongly advocates that the above changes are necessary in order that the Constitutional change that occurs with a move to a Republic ensures that women have the same opportunity as men to be involved in the selection process for President and that women are guaranteed an equal chance of being chosen as President.

One only has to look at the list of Governors General to realise that the absence of women as effective Head of State is a serious blight on our political and constitutional development. This can not continue to occur in the 21^st century, and these changes to the legislation will ensure that the system better allows women their rightful equal involvement.

The Women's Constitutional Convention Steering Committee would be happy to enlarge upon the above submission through its representatives and seeks an opportunity to make an oral submission to further explain and support the above amendments.

Yours sincerely,

  

Kim Rubenstein

Senior Lecturer in Law, University of Melbourne

Convenor of "An Equal Say - Women for a Representative Democracy"

On behalf of the Women's Constitutional Convention Steering Committee

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