ANDREW POWELL M Member for Glass House r
14 October 2015
The Honourable Peter Wellington, MP Speaker of the Legislative Assembly Parliament of Queensland BRISBANE QLD 4000 1 h OCT 2015
Dear Mr Speaker,
In addressing the M atter of Privilege raised with you by the Member for Mulgrave on Thursday 17 September regarding the alleged Deliberate Misleading of the House by A Member, I request the Speaker note the following materials:
1] The Electoral Disclosure Return of the Member for Mulgrave found under the Index of Candidates' returns on the ECQ Disclosure Returns - 2015 Queensland State Genera! Election website http://www.ecQ.qld.gov.au/partiesanddisclosure/disclosure/disclosurereturns/2015-state- election/index-of-candidates-returns - a return which declares a Nil return by the Member for M ulgrave
2] The Third Party Electoral Disclosure Return of the National Union of Workers for the 2015 State Election http://www.ecQ.qld.gov.au/ data/assets/pdf file/0020/28280/National-Union-of-Workers- National-Office.pdf In which the sum of $5,000 was disclosed as a Gift Given to "Curtis Pitt"
3] The Electoral Disclosure return of the Member for Redcliffe for the Redcliffe By-Election found at http://www.ecq .qld.gov.au/p artiesanddisclosure/disclosure/disclosurereturns/redcliffe-bv-election- 22-februarv-2014-
4} A Courier Mail article of 17 September 2015, in which it is reported: ■■] iowover, the Trcjisurer's office Inter poimeci to the ALP's soon-lo-be-niiioc public 2014-i 5 disclosure rclurn. which declares the S5000 gift.”
In considering this matter, 1 urge M r Speaker to consider the following.
At the time of my asking this question to the Attorney General on 16''' September, 2015:
• I referred to the precedent set by the Attorney General in the Electoral Disclosure Return she lodged with the ECQ for the Redcliffe By-Election [outlined in 3] above] in which a payment made directly to a Candidate by a Third Party was declared by the Candidate herself, and not the Labor Party. • Based on this precedent Mr Speaker, one set by the Attorney-General who has carriage of the operations of the Electoral Commission, it is reasonable to assume the donation made out from the NUW to the Member for Mulgrave would be declared in a manner consistent with that of the Attorney.
ELECTORATE Phone; (07) 5435 2013 I Fax: (07) 5435 2165
Suite 4, 70 Maple St MALENY Q 4552 I All correspondence to; PO Box 727 MALENY Q 4552
Email: Gloss.House(a'parliament.qld.gov.au I Web: ww'A/.ondrewpowell. com.au I also point to the Treasurer's response to the Courier Mail [outlined in 4] above] in which it is revealed disclosure of the donation is to be disclosed in the yet-to-be published Labor Party return for the 2015 State Election. I refer to the Member for Mulgrave's statement to the House at the time of referring this matter in which the Member for Mulgrave states: "the member must surely have known that that gift would have been declared in the ALP's donation return" As the Speaker would be aware, I did not allege I was in possession of any knowledge as to what is either to be included or excluded in the Labor Party Funding and Disclosure Return for the 2015 State Election, and therefore was not misleading the Parliament, but rather seeking clarification as to how reporting of the Member for Mulgrave's disclosure differed from the precedent set by the Attorney General [outlined in 3] above].
Yours truly
'A POWELL, MP iMBER FOR GLASS HOUSE Treasurer Minister for Employment and Industrial Relations Q ueensland G overnment Minister for Aboriginal and Torres Strait Islander Partnerships
The Honourable Peter Wellington MP Speaker of the Legislative Assembly gpobox 6h Brisbane DO D OGC Queensland 4001 Australia I DOX ^00 Telephone 07 3719 7200 NAMBOUR QLD 4560 [email protected] Website www.treasury.qld.gov.au
ABN 90 856 020 239
Dear Mr Speaker
I wish to draw to Mr Speaker’s attention a matter of privilege arising from a question asked of the Attorney-General in the House by the Member for Glasshouse, Mr Andrew Powell MP. on 16 September, 2015 during Question Time.
In asking a question without notice, the Member said:
Mr POWELL: My question without notice is to the Attorney-Generai. I refer to the National Union of Workers’ electoral return for the 2015 state election, which declares a $5,000 gift was given to candidate Curtis Pitt. Given the Treasurer’s electoral disclosure return for the same period declares that he received gifts totalling nil dollars, can the Attorney-General advise under Queensland law what investigations are underway?
This is recorded in the Official Record of Proceedings (Hansard) at page 1862 which can be accessed at: https://www.parliament.Qld.qov.au/documents/hansard/2015/2015 09 16 DAILY.pdf
Mr Speaker, I submit that in making these statements to which 1 refer, the member for Glasshouse deliberately misled the House and is in contempt of the Parliament, in breach of Standing Order 266 of the Standing Rules and Orders of the Legislative Assembly (Standing Orders).
There are three elements to be proven in order to establish that a member has committed the contempt of deliberately misleading the House: 1. The statement must have been misleading; 2. The Member making the statement must have known, at the time the statement was made, that it was correct; and 3. In making the statement, the Member intended to mislead the House.
Section 37 of the Parliament of Queensland Act 2001 sets out the meaning of contempt of the Assembly as: (1) Contempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees. (2) Conduct, including words, is not contempt of the Assembly unless it amounts, or is intended or likely to amount, to an improper Interference with (a) the free exercise by the Assembly or a committee of its authority or functions; or (b) the free performance by a member of the member’s duties as a member.
Standing Order 266 of the Standing Orders sets out examples of what might constitute a contempt of the Parliament and, whilst not limiting the power of the House to the matters contained therein, includes a reference in sub-paragraph (2) to: deliberately misleading the House or a committee (by way of submission, statement, evidence or petition);
As outlined above, there are three elements to be proven in order to establish that a member has committed the contempt of deliberately misleading the House. I will address each of these in turn.
1. The statement must have been misleading
The question asked by the member for Glasshouse contained a comparison of the electoral disclosure return of the National Union of Workers and my own Candidate’s return, and, noting a perceived inconsistency, asked what investigation was being undertaken ‘under Queensland law’ in respect of this matter.
This question denotes that there must necessarily be a breach of Queensland law that should be investigated, and that by failing to declare a donation in my Candidate’s return, 1 am in breach of the law.
At no stage during the disclosure period for the return, from 24 April 2012 until 2 March 2015, did I receive a donation that required disclosure as a candidate. My return clearly shows that I received no gifts, foreign gifts or loans during this period in my capacity as a candidate, and my return is accurate.
The implied allegation is that I received a gift of $5000 from the National Union of Workers that I failed to disclose pursuant to my obligations as a candidate under the Electoral Act 1992.
The $5000 donation was. in fact, made to the ALP and declared in the return of the Australian Labor Party Qld Branch. This return has been lodged with the Electoral Commission of Queensland, but has not yet been uploaded on their website. I enclose a copy of the relevant page of the ALP’s return for your information. The NUW donation is the 24'^ entry from the top. A search of the ECQ website clearly shows that the ALP return for the relevant disclosure period had not yet been uploaded as at 16 September 2015, and neither had the return for the LNP. Knowing that the donation would have been made to the ALP, by asking the question the Member referred to a disclosure which ciearly had not yet been made publicly available by the ECQ.
This allegation is therefore clearly false and, It Is my contention, misleading. It is my submission that I will have provided sufficient Information to satisfy the first element.
I now turn to the second element.
2. The Member making the statement must have known, at the time the statement was made, that It was incorrect
Mr Speaker, the practice for the large political parties is that party units or the State Branch receive donations which require disclosure. The Party units then lodge a return in accordance with the Electoral Act 1992. it is uncommon for a candidate to receive a donation directly, and it is therefore usual that a candidate will lodge a nil return.
This Is, In fact, the case for the Member for Glasshouse for the same disclosure period. His candidate’s return is available online at https://www.ecq.qld.qov.au/ data/assets/pdf file/0018/291 Si/Powell.-Andrew.pdf and shows a nil return for gifts received, gifts of foreign property and loans received. 1 enclose a copy of the Member for Glasshouse's return for your Information.
This is because the Member’s donations would have been made, not to himself as candidate, but to the LNP. and would therefore be disclosed in the LNP return, as he well knew.
On this basis 1 am satisfied, Mr Speaker, that 1 have established the second element. 1 turn then to the third element.
3. In making the statement, the Member intended to mislead the House
Mr Speaker, having established that the statements made by the Leader of the Opposition were misleading, and he knew the statements to be Incorrect, It must now be established that the Member intended to mislead the House.
Knowing the practice of the larger political parties in Queensland, the Member for Glasshouse has asked a question that implies that my conduct should be the subject of investigation to ascertain whether there has been a breach of Queensland law. This is reprehensible conduct on the part of the member, and is a clear example of using the legitimate processes of the Parliament to wrongly malign a fellow member. The allegation contained in the question asked by the Member for Glasshouse was incorrect and misleading. I rose in the House this morning to indicate that the statement was erroneous and that I intended to write to you, Mr Speaker, about the Member’s conduct. If a member makes a statement which is subsequently shown to be misleading, it is incumbent on them to correct the record at the earliest opportunity. The Member for Glasshouse has not made any attempt to correct the record or to apologise for his misleading statement.
By allowing the false and misleading statements to remain on the record, the Member for Glasshouse has given a clear indication that he does not intend to make sure his statements to the House are accurate, but has illustrated that he fully intended, and continues to intend, to mislead the House.
Mr Speaker, I submit this information to you as I am confident that it is sufficient to establish that the Member for Glasshouse has asked a question in the House that is misleading, that he knew it to be incorrect and that, in so doing, he has intended to mislead the house.
It is my submission, Mr Speaker, that you would be satisfied that the Member for Glasshouse is in breach of Standing Order 266 of the Standing Rules and Orders of the Legislative Assembly, and is in contempt of the Parliament.
I therefore ask, Mr Speaker, that you refer this matter to the Ethics Committee for its consideration of whether the Member for Glasshouse is in breach of the Standing Orders.
Yours sincerely
Hon Curtis Pitt MP Treasurer Minister for Employment and Industrial Relations Minister for Aboriginal and Torres Strait Islander Partnerships r’ ?»,< Jofin K<:Oti'rnixi, ■‘O0W 121O lewFaim QLD J i'A SrCLOCO GG oaMC^rirJu'lMCcs IMII 9A PuiicHU'vVAnI QLO 1330 S1.CCOCO G n t >h*-»-nH Nuuirorr. >0 O c « b 1 l/ iia ssd l OLD 3Jii Sl.fiCOCO Gr'l iho-fiic l^curiSi'ii ’ O 0 Electoral Commission of Queensland ELECTOR.VL C0 ^5MKSION Return by a Candidate following an Election QUEENSLAND and Claim for Election Funding (State general election Saturday 31 January 2015) Returns must be given to the commission within 15 weeks after polling day. For the Stafford by- electlon the due date Is Monday 18 May 2015. Claims for election funding must be given to the commission within 20 weeks after polling day. This form can be used to combine an eligible candidate’s disclosure return and claim for eiectlon funding. A claim for election funding before the end of the disclosure period on Monday 2 March 2015 or after the due date for a disclosure return on Monday 16 July 2015, must be given to the commission on a separate form QFD14. Funding and disclosure inquiries should be directed to the commission’s funding and disclosure unit on 1 300 881 665 or by email to [email protected] Part A - Candidate Details NamefofiOand Andrew Powell 32. GLASS HOUSE Liberal National Parly of Queensland Angela Awabdy Part B - Disclosure Period T h e disclosure period lor an election Is the period that starts: • for a candidate who contested an election or by-election within the last four years, 30 days after that election. Dates relevant to the Stafford by-election for these candidates are: ^ 24 April 2012 if the 2012 State general election was the last election contested; g 28 May 2012 If the 2012 South Brisbane by-election was the last election contested; g 24 March 2014 If the 2014 Redcliffe by-election was the last election contested; or H 18 August 2014 if the 2014 Stafford by-election was the last election contested. ♦ for another candidate, the earlier of: g the day when the candidate announced an intention to contest the election; or M the day when the candidate nominated at the election, Office Use Only Page 1 of 10 Received. Form QFD09 February 2015 Scanned Posted ______Disclosure Returr) lodgedby A-/\rJ/ex.) P&cJtil Election disclosure periods end 30 days after polling day. For the Stafford by-election that date is Monday 18 August 2014. Monday 24 April 2012 M o n d a y 2 March 2015 Part C - Gifts Received Summary receive sclosure erefrecelved Relevant Details Relevant details of a gift means: • Its amount or value; • the date it was made; and • the relevant particulars of the entity that made the gift. Gifts made in a private capacity to the candidate for personal use that are not used, and will not be used, solely or substantially for an election related purpose are not required to be stated in this return. Details of gifts equal to or less than the gift threshold amount need not be included. The gift threshold amount In the 2013/14 financial year was $12,400 and Is $12,800 In the 2014/15 financial year. Relevant particulars of an entity means: • for an unincorporated association - H the name of the association; and m the names and address of the executive committee; or • for a trust fund or foundation - ^ the names and addresses of the trustees of the fund or the foundation; or Jy the title or other description of the trust fund or the name of the foundation; or • othenwise - the name and address of the entity. Disclosure Period of this Return Page 2 o f 10 From 'l^/cf/zorX ______to 2 March 2Q15 Form QFD09 February 2015 Disclosure Return lodged by Pc^u)j> f.( Name Postal address % Suburb/town State Postcode Name Postal address % Suburb/town State Postcode Name % Postal address Suburb/town State Postcode Name $ Postal address Suburb/town State Postcode Name $ Postal address Suburb/town State Postcode . Name $ Postal address Suburb/town State Postcode Name $ Postal address Suburb/town State Postcode Name $ Postal address Suburbftown State Postcode Name $ Postal address Suburb/town State Postcode Name $ Postal address Suburb/town State Postcode Name Postal address Suburb/town State Postcode Name $ Postal address Suburb/town State Postcode Name $ Postal address Suburb/town State Postcode Disclosure Period o f this Return P age 3 o M O From to 2 March 2015 Form QFD09 February 2015 Disclosure Return lodged by 4-yxd/P..) Pf>f.)p.H Name Postal address $ Suburb/town State Postcode Name Postal address $ Suburb/tbwri State Postcode Name Postal address $ Suburb/town State Postcode Name Postal address $ Suburb/town Slate Postcode Name Postal address $ Suburb/town State Postcode Name Postal address $ Suburbrtown State Postcode Attach additional pages if there is insufficient space to list all gifts. Gifts of Foreign Property Candidates must not receive gifts of foreign property during their candidacy period. Foreign gifts not returned within six weeks are payable to the State Name Postal address $ Suburb/town COUNTRY Name $ Postal address Suburb/town COUNTRY Name $ Postal address Suburb/town COUNTRY Name Postal address $ 1 Suburb/town COUNTRY Attach additional pages if there is insufficient space to list all gifts of foreign property. Disclosure Period o f this Return Page 4 o f 10 to 2 March 2015 Form QFD09 February 2015 Disclosure Return lodged by Ay\rJirPA^ Part D - Loans Received Summary •SCSE-.W' ^ b e ri^ f o f ^ n ^ le Stlon Entities w ere Details The return must state: • the total value of the loans; and • the number of entitles which made loans. For each loan with a value more than the gift threshold amount the return must state: • the date when the loan was made; • the relevant particulars of the entity which made the loan; and • the terms and conditions of the loan. The gift threshold amount in the 2013/14 financial year was $12,400 and Is $12,800 In the 2014/15 financial year. Relevant particulars of an entity means: • for an unincorporated association - the name of the association; and ■ the names and address of the executive committee; or • for a trust fund or foundation - M the names and addresses of the trustees of the fund or the foundation; or 2 the title or other description of the trust fund or the name of the foundation; or otherwise - the name and address of the entity. Received from Condftions Amount Date Name Postal address $ Suburb/town State Postcode Name Postal address $ Suburb/town State Postcode Disclosure Period of this Return Page 5 o f 10 to 2 March 2015 Form QFD09 February 2015 Disclosure Return lodged by PD,.)ail R e c e iv e d fr p m ,^ .;:; ;V ^ > c Name $ Postal address Suburb/town State Postcode Name $ {. Postal address Suburb/town State Postcode Name $ Postal address Suburb/town State Postcode Name $ Postal address Suburb/town State I Postcode 1 Attach additional pages if there is insufficient space to list all loans. Part E - Details of Eiectoral Expenditure Show details of all electoral expenditure for the election incurred by or with the authority of the candidate. i S 1 . Australia Post 19/01/2015 Postage Glass House LNP 2015 $16,396 2. Australia Post 22/01/2015 Postage LNP Mailing 4 15,426 1 3. 1 4. 5. 6 . 7. 8 . 9. 10. 11. 12. 13. Disclosure Period of this Return Page 6 o f 10 Monday 24 April 2012 to 2 March 2015 Form QFD09 February 2015 Disclosure Return lodged by /l^rJrPA^j pOoJeJi 1 14. i 15. 16. 17...... — f 18. i 1 19. 1 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. )1 32. I 1 33. 34. 35. Total Electoral Expenditure $30,822 Attach additional pages if there Is insufficient space to list all eiectoral expenditure. Disclosure Period of this Return Page 7 o f 10 From .<0 / 3 ______to 2 March 2015 Form QFD09 February 2015 Disclosure Return lodgedby I Part F - Agent’s Certificate and Declaration Use this certificate if claiming election funding with this return ^.Qahdidate Saturday 31 January 2015 ^ u p p or t^ ip M ffii^ ^Jdn^turelPMdecIara^^ iraKen^'ndrdeclare March Use the declaration on the next page if this document is given as a return only. Disclosure Period for this Return Page 8 o f 10 From ______to 2 March 2Q15 Form QFD09 February 2015 Disclosure Return lodged by Use this declaration If giving a return without claiming election funding F u ll N a m e o f A g e n t ANGELA AWABDY Agent’s Postal PO BOX 940 Address ' ^ SPRING HILL 4 0 1 0 0 T e le p h o n e F a c s im ile E m ail I certify that the Information contained In this return and any attachments is true and 1 c o m p le te Signature D ate Part F - Auditor’s Certificate The commission may waive compliance with the requirement to give an audit certificate if the commission considers the cost of that compliance is unreasonable. Agents seeking waiver of the audit certificate requirement should lodge the return with an application letter setting out their reasons. Full Name of requesting waiver A u d ito r A u d ito r’s Qualification I havfr carried out the audit and certifythat I— (a) was given full and free access at all reasonable times to the accounts and documents of the agent responsible for giving the return and of the Candidate relating directly or indirectly to a matter required to be disclosed’in the return and (b) examined the accounts and documents mentioned In paragraph (a) that I considered material for giving the certificate and (e) received all the information and explanations that I asked for in relation to any matter required to be.stated in this certificate, subject to the qualifications listed below and (d) have no reason to think any statement in the declaration is Incorrect. Qualifications on the issue of this Certificate Signature Date 24/3/15 Disclosure Period of this Return Page 9 of 10 From _____2 <(■/((.!I. ______to 2 March 2015 Form QFD09 February 2015 Disclosure Return lodged by /U r:i.rp,.') Part G “ Address for Giving Return This return and or claim can be given to the commission by hand delivery, post, facsimile or email. There is no arrangement for electronic iodgement. All returns and claims must contain the signature of the agent and where applicable, that of the auditor. The Electoral Act does not require that election funding claims be audited. Delivery by hand Australia Post Electoral Commission of Queensland, Eiectoral Commission of Queensland Level 6 Forestry House, Funding and Disclosure Unit 160 Mary Street, GPO Box 1393 Brisbane, Old. BRISBANE QLD 4001 Ask for a member of the funding and disclosure unit. F a c s im ile E m a il 07 3036 9444 [email protected] OIJEENSLANI) 2 2 APR 201b R E C E rV E D Disclosure Period of this Return Page 10 of 10 to 2 March 2015 Form QFD09 February 2015