mp ©Leader of the Opposition and Shadow Minister for Trade 24 June 2020 Quserssbnd Legbbtive Assembly Number:. Tabled 0^ Hon. MP 1 1 AUG 2820 Speaker of the Legislative Assembly @MP: By email: [email protected] Clerk's Signature:

Dear Mr Speaker

I am writing to ask you to refer the Member for South to the Ethics Committee for misleading the House.

The Member has changed her story about when she knew about the purchase of her Family Trust’s property in an attempt to downplay her failure to update her register of interests. In Parliament last week the Member implied that her husband informed her about the purchase around 6 June 2019.

This is directly contradicted by the Member’s own statement last year that she was advised by text message on 29 March 2019.

I ask you to consider whether the Member’s statement on 18 June 2020, that she was advised six weeks before she updated her register of interests, was deliberately misleading and warrants the attention of the Ethics Committee.

As required under the standing orders, I have provided submissions dealing with this matter.

If you require any additional material, please do not hesitate to contact me.

Yours sincerely

DEB FRECKLINGTON MP Leader of the Opposition Shadow Minister for Trade Member for Nanango

Telephone 07 3838 6767 Email rcecptionCe’opposirion.qld.gov.au Minetai House, Level 7, 41 George Street, Brisbane Qld 4000 • PO Box 15057, City East Qld 4002 SUBMISSIONS IN RELATION TO A MATTER OF PRIVILEGE RELATING TO A DELIBERATE MISLEADING OF THE HOUSE

BACKGROUND

1. This matter relates to a statement made to the House on 18 June 2020 by the Member for South Brisbane (the Member) about the purchase of a property at 48 Abingdon Street, Woolloongabba (the Woolloongabba Property), by the VB Family Trust through VBT Investments Pty Ltd (formerly Tradster Pty Ltd) (the Family Trust). 2. As the background of this matter is well canvassed, I will not reiterate the details and I trust the Speaker Is familiar with this matter.

THE FACTS

3. The following timeline is relevant: a. On 27 March 2019, a contract for sale of the Woolloongabba Property to the Family Trust was signed. b. On 1 May 2019, the contract for sale settled and the property title was transferred to the Family Trust. c. On 18 July 2019, the Courier Mail published an article titled “Jack’s Shack could make a stack” and the same day the Member updated her register of interest to include the Woolloongabba Property. 4. On 17 September 2019, the Deputy Opposition Leader asked the Member a question without notice reported from page 2803 of Hansard, and the relevant part of the answer is as follows:

MrMANDER: My question without notice is to the Deputy Premier. I refer to the Crime and Corruption Commission’s statement and time line and ask: is the Deputy Premier so out of touch with the struggles of working Queenslanders that she would have everyone believe that her husband bought a $700,000 house on 27 March but did not tell her until days later by text message on 29 March?

Ms TRAD: I made my remarks truthfully and honestly. I stand by them. I stand by them because, as many women in this House would know, having a career and raising a family makes for a very busy life. We know that the member for Everton takes umbrage at that. He does not want women to control their own bodies. We know what is happening in New South Wales—

5. In the House on 18 June 2020 reported from page 1399 of Hansard, the Member said:

/f has been misconstrued in the media that my husband neglected to tell me about the house which is why I failed to disclose it. Let me make this really clear: Damien

2 divested his interests, he took the money and he made an investment decision. I was not part of that decision, but of course he told me after he had purchased the house that he had purchased it, so any failure to disclose formally within the time frame was not his fault. It was my fault, and I have apologised repeatedly for that. Damien bears no responsibility for this failure. It is completely mine, and I apologise to him for any pain that this has caused him.

To put this in context, I was six weeks late in formally finalising the declaration of this property but had provided information verbally and in written form to the Clerk, but I had not sipned form 3. This was a six-week lap.

RELEVANT CONSIDERATIONS

6. Section 37 of the Act 2001 defines the meaning of “Contempt" of the Assembly as;

37 Meaning of contempt of the Assembly (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.

7. Standing Order 266 provides examples of Contempt to include, inter alia-.

(2) deliberately misleading the House or a committee (by way of submission, statement, evidence or petition);

8. In order for the allegation of a deliberate misleading of the House to be made out, three elements must be proven: a. the statement must, in fact, have been misleading; b. it must be established that the member making the statement knew at the time the statement was made that it was incorrect; and c. in making It, the member must have intended to mislead the House. 9. In determining whether each element is met, the standard of proof to be met is ‘on the balance of probabilities.’

APPLICATION

10. I will deal with each element in turn.

THE FIRST ELEMENT - WAS THE MEMBER’S STATEMENT ACTUALLY MISLEADING?

11. The Member has misled the House about when she was advised of the Woolloongabba Property purchase on 18 June 2020. The evidence this statement was incorrect and misleading is the Member’s own statement to this

3 House on 17 September 2019. The Member’s story has changed radically from September 2019 to June 2020. 12. In September 2019, the Member said that she stood by her statement that her husband had advised her of the Woolloongabba Property purchase by text message on 29 March 2019 - a period of 112 days or 16 weeks before she filed her completed update to the Member’s Register of Interests. 13. In June 2020, the Member’s statement has changed to say that she was only 6 weeks late in updating her Register, implying that her husband advised her of the Woolloongabba Property purchase on or about 6 June 2019. 14. Only one of these statements can be correct as they mutually exclusive. I believe the latter statement to be incorrect as the Member now seeks to downplay the magnitude of her error, but in doing so, she has misled the House.

THE SECOND ELEMENT- I4MS THE MEMBER AWARE A T THE TIME OF MAKING THE STATEMENT THAT IT WAS INCORRECT?

15. The Member is speaking about matters within her personal knowledge and control. There is no possibility that the Member could have relied on wrong advice to make an Innocent misstatement. The statement was not about government affairs or information. The Member was relying only on her personal knowledge and therefore, must have known she was making a misleading statement. 16. I respectfully submit that the second element of the test is met.

THE THIRD ELEMENT- DID THE MEMBER INTEND TO MISLEAD THE HOUSE?

17. McGee'’ provides that in order to establish the third limb of the test, reference is to be given to the nature of the basis of knowledge and the formality of the circumstances of the statement. 18. The Member used unambiguous, specific and deliberate language to state that she was only six weeks late in updating her register of interests. The Member repeated this statement for effect. 19. Secondly, the statement was made during a debate about a bill that was directly relevant to the conduct of the Member. She was defending or explaining her actions. This was a highly formal circumstance. 20. In conclusion on this point, in light of these two considerations as provided by McGee, It must be assumed the Member intended to mislead the house.

CONCLUSION

21. I respectfully submit that this matter warrants the further attention of the House by referral to the Ethics Committee.

McGee, David, Parliamentary Privilege in New Zealand, Third Edition, Dunmore Publishing Ltd, Wellington, 2005, p.654.

4 MP

Member for South Brisbane Suite 1/90 Vulture Street West End Qld 4101 (PO Box 5326) Hon Curtis Pitt MP (07)3724 9100 Speaker of the Legislative Assembly E: [email protected] PO Box 314 W: jackietrad.com.au

GORDONVALE QLD 4865 @jackietrad Email: [email protected] T/JackieTrad4SouthBris

8 July 2020

Dear Speaker,

I write in response to your letter dated 26 June 2020, regarding correspondence you received from the Leader of the Opposition alleging that I have deliberately misled the House in statements I made during debate on 18 June 2020.

The Leader of the Opposition alleges that I have “changed [my] story about when [I] knew about the purchase of... [the] Woolloongabba property" and that I had “implied that [my] husband informed [me] about the purchase around 6 June 2019.”

In her ill placed desire to recommend my referral to the Ethics Committee, the Leader of the Opposition has not given proper consideration to the facts nor to statements made by the Clerk of the Parliament in relation to this matter specifically, and to the issue of when interests are required to be placed on the Register of Interests more generally.

The long standing advice to Members, as detailed in the written advice provided by the Clerk (Attachment A), is that real estate is required to be declared under s.7(5)(e) of Schedule 2, one month from the date of settlement of a purchase or sale to make the declaration, not the date of contract.

This is known to the Opposition, not only because this is the practice of some 40 years standing but, also, due to the Clerk reiterating this advice to the Leader of Opposition Business during the Economics and Governance Committee Estimates Committee hearing on 23 July 2019, where the purchase of the Woolloongabba property and its disclosure was thoroughly canvassed. The Clerk stated:

ft is correct that members have 30 days from a transaction. In the case of the purchase of real estate, the generally accepted rule that we have advised from when the register of interest was established in the late 1980s is that we want that registration to be within 30 days of settlement. In other words, we do not necessarily need it when the contract is entered into, but certainly from the date of settlement has been the advice that is regutariy given in respect of those matters.^

* Estimates—Legislative Assembly and Parliamentary Services (23 July 2019, Pg. 4)

STRONG * CARING • EFFECTIVE The Leader of the Opposition has erred in her suggestion that the property had to be disclosed within 30 days of the contract of sale. As is clear from the Clerk’s advice, purchase or sale of real estate is advised to be disclosed within one month of settlement. It also follows a matter of basic logic and common sense that it would be 30 days from settlement given that some contracts fall over before settlement.

The Clerk has also advised me that he Is able to confirm that I came to see him about the Register of Interest in the period between 27 March 2019 and 10 April 2019 regarding two matters, one of which was the acquisition of an investment property by my husband. At that time, the Clerk advised me that the purchase would need to be declared within 30 days of settlement.

As the Leader of the Opposition has detailed in the attached submission to her letter, a settlement date of 1 May 2019, required the property to be disclosed by 1 June 2019. I electronically provided information to the Clerk to update my Register of Interest on 2 July 2019, however I did not sign the required form until 18 July 2019, some six weeks after it was required to be disclosed.

These facts accord with my statement in the House on 18 June 2020, in which I said:

To put this in context, / was six weeks late in formally finalising the declaration of this property but had provided information verbally and in written form to the Clerk, but I had not signed form 3. This was a six-week Iag7

Please don’t hesitate to contact me if you require any further information.

Regards,

Jackie Trad MP Member for South Brisbane

2 Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill (18 June 2020, Pg. 1397)

2 MP

Member for South Brisbane Honourable Curtis Pitt MP Suite 1/90 Vulture Street Speaker of the Legislative Assembly West End Qld 4101 (PO Box 5326) (07)3724 9100 E m a i I: [email protected] E: [email protected] W: jackietrad.com.au 23 July 2020 ?5^@jackietrad f/JackieTrad4SouthBris

Dear Speaker,

I refer to your recent correspondence of 14 July 2020, regarding the allegation from the Leader of the Opposition that I deliberately misled the House, and your query as to a perceived discrepancy In my reply to you concerning the settlement date of the property.

From the outset I wish to clarify that It was not my intention to support the assertion by the Leader of the Opposition that the property settled on 1 May 2019. I apologise, Mr Speaker, if you were confused by my repeating the Leader of the Opposition's statement regarding the settlement date.

My reply was singularly focussed on responding to the primary allegation from the Leader of the Opposition that I had "changed my story" in order to "downplay my failure to update [my] register of interests." This was based on her misinterpretation of my contribution to the Electoral and Other Legislation (Accountability, Integrity and Other Matters) Amendment Bill 2019, and her lack of awareness of the 40-year standing advice to members that property purchases are required to be declared within 30 days of settlement.

Settlement of the property occurred on 26 April 2019, as advised to you, Mr Speaker and the Crime and Corruption Commission during their assessment last year. I did not seek to support any of the Leader of the Opposition's assertion, I simply repeated it in my response, and in so doing inadvertently did not notice the error the Leader of the Opposition made as to the date of settlement. Upon reviewing the dates in order to ref^ly to you, I noted that there was a mistake in my contribution, which was rather than being "...six weeks late in formally finalising the declaration of this.property...", I was six weeks late in providing a draft declaration to the Clerk for his feedback and advice before finalising. I was then another two weeks late in signing and submitting a form three (3), which was required by 26 May 2019, given the property settled on 26 April 2019.

You will note, Mr Speaker, that when I became aware of this, I clarified the matter in the House during an Adjournment contribution on 16 July 2020 and apologised for any unintended confusion or misleading of the House.

I trust this addresses the matter of the perceived discrepancy in settlement dates however, if you require further information or have any other queries, please do not hesitate to contact me.

Regards,

Member for South Brisbane

I South Brisbane Electorate Office

From: Neil Laurie Sent: Thursday, 2 July 2020 5:35 AM To: Jackie Trad Subject: FW: Declaration of real property

Jackie

If it assists, I am also able to confirm that you came to see me and we had a discussion about the register of interest in the period between 27 March and 10 April 2016 regarding two matters, one of which was the acquisition of an investment property by your husband. At that time I advised that the purchase would need to be declared within 30 days of settlement.

Regards

Neil Laurie The Clerk of the Parliament

QUEENSLAND PARLIAMENTARY SERVICE Pariiament House Cnr George and ABce Streets Brisbane Qld 4000 Ph: 07 3553 6450 Fax; 07 3553 6454 niailto:Nefl.L3une@par1icmef>tt^d.qov.au Connect with us on Social Media;

From: Neil Laurie Sent: Thursday, 2 July 2020 5:32 AM To: Jackie Trad Subject: Declaration of real property

Jackie Trad MP,

I am writing to confirm that members have one month from the date of a transaction to declare a matter required to be declared on the registers of interest. This requirement is contained in Section 69B(2) of the Parliament of Queensland Act 2001:

69B Statements of interests

1 2)A member must, within 1 month after becoming aware of a change in the particulars contained in the last statement of interests given by the member, notify the registrar in writing of the change.

Note

A contravention of subsection (2) constitutes contempt of the Assembly—see section 37.

This requirement is also referred to in Schedule 2, s.5{2) of Standing Orders.

I can also confirm that in the case of real estate, required to be declared under s.7(5)(e) of Schedule 2, the long standing advice to members is that members have one month from the date of settlement of a purchase or sale to make the declaration, not the date of contract, to update their register.

I note that I advised the Economics and Governance Committee of this practice In the estimate hearing In 2019 of this rule (page 4 Estimates—Legislative Assembly and Parliamentary Services 23 Jul 2019) when I stated:

It is correct that members have 30 days from a transaction, in the case of the purchase of real estate, the generally accepted rule that we have advised from when the register of interest was established in the late 1980s is that we want that registration to be within 30 days of settlement. In other words, we do not necessarily need it when the contract is entered into, but certainly from the date of settlement has been the advice that is regularly given in respect of those matters.

I trust that the above assists.

Regards

Neil Laurie The Clerk of the Parliament

QUEENSLAND PARLIAMENTARY SERVICE Parliament House Cnr George and Alice Streets Brisbane Qld 4000 Ph: 07 3553 6450 Fax: 07 3553 6454 fnailto:[email protected] Connect with us on Social Media:

2 Your Ref: Our Ref: 200626-OUT-Trad

26 June 2020

Ms Jackie Trad MP Member for South Brisbane

Email: [email protected]

Dear Jackie

I have received correspondence from the Leader of the Opposition on 24 June 2020, in which it is alleged that you have deliberately misled the House. In connection with this matter, I enclose a copy of the letter.

Deliberately misleading the House is listed as an example of behaviour that the House may treat as a contempt (see Standing Order 266 (2)).

Standing Order 269 (5) provides that in considering whether such a matter should be referred to the Ethics Committee, the Speaker may request further information from the person the subject of the allegation. Accordingly, I am writing to you pursuant to that Standing Order.

Standing Order 269 (4) provides that in considering whether the matter should be referred to the Ethics Committee, the Speaker shall take account of the degree of importance of the matter which has been raised and whether an adequate apology or explanation has been made in respect of the matter.

I wish to stress that I have not yet formed a view as to whether this particular allegation should be referred to the Ethics Committee. However, as a matter of course, I remind all members who are the subject of such allegations of the long established convention that should a Member become aware they have inadvertently mislead the House, they should, at the earliest opportunity, correct the record and apologise for their inadvertence.

Phone 4 51 ! 3553 6/CO fax ’ 51 7 3.553 6709 Email speaker^parliamenl qld gov.au Wc-b www. parl i a m(■ nt. q I d, gov. a u Should you wish to provide me with further information to assist me in making a determination as to whether the matter should be referred to the Ethics Committee under Standing Order 269 please provide your response by COB 10 July 2020.

In the meantime, should your office have any queries relating to this matter, they may be directed to my Executive Officer, George Hasanakos, by email to [email protected] or on 07 3553 6700.

Yours sincerely

HON CURTIS PITT MP Speaker of the Legislative Assembly Your Ref: Our Ref: 200714-OUT-Trad

14 July 2020

Ms Jackie Trad MP Member for South Brisbane

Email: South.Brisbane(5)parliament.qld.gov.au

Dear Jackie

Matter of privilege raised by the Leader of the Opposition

I refer to your recent correspondence dated 8 July 2020, responding to an allegation raised by the Leader of the Opposition that you deliberately misled the House.

While considering this matter, I noted that there is a discrepancy between this correspondence, and previous correspondence from you with respect to the matter that is currently before the Ethics Committee.

In the letter to me raising the allegation that you deliberately misled the House, the Leader of the Opposition asserted that the Woolloongabba property settled on 1 May 2019. You were provided with a copy of this letter, and you appear to agree with this assertion:

As the Leader of the Opposition has detailed in the attached submission to her letter, a settlement date of 1 May 2019, required the property to be disclosed by 1 June 2019. I electronically provided information to the Clerk to update my Register of Interest on 2 July 2019, however I did not sign the required form until 18 July 2019, some six weeks after it was required to be disclosed.

However, in your earlier correspondence with me concerning a matter that is currently before the Ethics Committee, you stated that the Woolloongabba property settled on 26 April 2019.1 referred to this settlement date in my ruling on 22 November 2019.

Before I make a ruling on this matter, I am inviting you to provide further information with respect to the apparent discrepancy.

Phone + 61 7 3553 6700 Pax 4 61 7 3553 6709 . [ mii i I spt: a kcr(q> par11 a m(>nt. q I d.gov.a u W e b WWW .pariianient.qld.gov.au I wish to stress that I have not yet formed a view as to whether this particular allegation should be referred to the Ethics Committee. However, as a matter of course, I remind all members who are the subject of such allegations of the long established convention that should a Member become aware they have inadvertently misled the House, they should, at the earliest opportunity, correct the record and apologise for their inadvertence.

Should you wish to provide me with further information to assist me in making a determination as to whether the matter should be referred to the Ethics Committee under Standing Order 269 please provide your response by COB 23 July 2020.

In the meantime, should your office have any queries relating to this matter, they may be directed to my Executive Officer, George Hasanakos, by email to [email protected] or on 07 3553 6700.

Yours sincerely

HON CURTIS PITT MP Speaker of the Legislative Assembly