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Deb Frecklington Mp ©Leader of the Opposition and Shadow Minister for Trade 24 June 2020 Quserssbnd Legbbtive Assembly Number

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Deb Frecklington Mp ©Leader of the Opposition and Shadow Minister for Trade 24 June 2020 Quserssbnd Legbbtive Assembly Number Deb Frecklington mp ©Leader of the Opposition and Shadow Minister for Trade 24 June 2020 Quserssbnd Legbbtive Assembly Number:. Tabled 0^ Hon. Curtis Pitt 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 Brisbane 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 Woolloongabba 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 Parliament of Queensland 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.
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