The Hon. Cameron Dick MP Treasurer Queensland Government Minister for Infrastructure and Planning 1 William St Brisbane GPO Box 611 Brisbane Queensland 4001 Australia Telephone 07 3719 7200 Email [email protected] Website www.treasury.qld.gov.au ABN 90 856 020 239 18 June 2020 The Honourable Curtis Pitt MP Queensland Legislative Assembly Speaker of the Legislative Assembly Number: , Queensland Parliament Alice Street Tabled [Zf BRISBANE QLD 4000 J© 3 AUG 2820 Email: [email protected] Clerk's Signature: _ _ _ _ _ _ _ Dear Mr I wish to draw your attention to a matter of privilege concerning statements m'acle in the House on 16 June 2020 about Queensland debt and the Queensland Budget by the Member for Everton. I submit that in making these statements, the Member deliberately misled the House is in contempt of the Parliament, in breach of Standing Order 266 of the Standing Rules and Orders of the Legislative Assembly (Standing Orders). In particular, the Member for Everton, in speaking on a matter of public interest, made the following statements: Queensland is still the only state without a budget and Before the coronavirus, this state had ...the highest debt level in the country. These statements are incorrect, and I believe the Member knew the statements to be incorrect when he made them. Regarding the first statement, all Australian jurisdictions have delayed the preparation and delivery of their 2020-21 budgets in response to COVID-19, including the Commonwealth Government. No government has delivered a budget. At this time, the Commonwealth Government will be the first government to deliver a budget, which will occur on 6 October 2020. Therefore, for the 2020-21 financial year, no jurisdiction will ‘have a budget’ until 6 October 2020. It is therefore incorrect to for the Member to assert that 'Queensland is the only state without a budget’. Moreover, far from Queensland being ‘the only state without a budget’, I announced on 19 May 2020 that Queensland would deliver a COVID-19 Fiscal and Economic Review (C19-FER) in September, to the same standards used for the annual Mid-Year Fiscal and Economic Review (MYFER). The C19-FER will include the core elements of a budget, namely an Appropriations Bill, which was passed by the Parliament on 22 April 2020, a statement of the financial position, and Parliamentary Scrutiny, with the Premier and I making ourselves available to appear before the Economics and Governance Committee. 2 Regarding the second statement, the claim of the Member for Everton is incorrect, whether his definition of debt is net general government debt, total general government debt or total non-financial public sector debt. On 19 May 2020 I made a ministerial statement that noted; Queensland is in the envious position of having fully funded public superannuation liabilities and lower net debt than New South Wales or Victoria. In response to a subsequent question without notice from the Member for Burleigh, I noted that, as of the 2019-20 mid-year economic updates for all Australian jurisdictions: [GJeneral government borrowings were at $38 billion, $5 billion below the peak of $43 billion under the LNP in 2014-15, $15 billion below Victoria general government borrowings, $18 billion below New South Wales general government borrowings and $645 billion lower than Commonwealth general government borrowings. To the best of my recollection, the Member for Everton was in the chamber when I made this statement. It is also a matter of public record that Queensland’s non-financial public sector debt was $77.9 billion at MYFER 2019-20, fully $5 billion below the equivalent debt figure for New South Wales as at its 2019-20 Half-Yearly Review. I believe the Member has wilfully ignored these parliamentary statements and I recommend that the Member should be referred to the ethics committee. 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, ora 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);” 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 incorrect; and 3. In making the statement, the member intended to mislead the House. I will address each of these elements in turn. 1. The statement must have been misleading I submit that statements made by the Member above were false and misleading. The Federal Government and all states and territories have delayed their 2020-21 budgets. This is a matter of public record and to claim Queensland is 'the only state without a budget’ is deliberately misleading. 3 To claim Queensland has ‘the highest debt level in the country’ is similarly misleading, for reasons outlined above. 2, The member making the statement must have known, at the time the statement was made, that it was incorrect Both of these statements are matters of public record. Regarding the first statement, public commentary, media releases and records of Parliamentary proceedings are ail available from other jurisdictions to verify the fact that all states have delayed their 2020-21 budgets. Regarding the second statement, budget documents and mid-year economic updates are also readily available and debt totals are comparable across states. As the Shadow Treasurer, it should be incumbent upon the Member for Everton to make these fundamental checks to avoid error. 3. In making the statement, the member intended to mislead the House If a member makes a statement which is subsequently shown to be misleading, they should be provided with the opportunity to correct the record. Regarding the first statement, it is demonstrably false to claim that ‘Queensland is the only state without a budget’. All states and territories have delayed their 2020-21 budgets until after the Commonwealth Budget on 6 October 2020. The Commonwealth Government’s decision to delay its Budget was announced on 20 March 2020. Regarding the second statement, my statements of 19 May 2020 provide the correct analysis of debt levels across jurisdictions, a fact verifiable by assessing publicly available economic updates of other states and territories. I therefore submit that by allowing the false and misleading statements to remain on the record, the Member has given a clear indication that he does not intend to make sure his statements to the House are accurate. I believe that he has illustrated that he fully intends, and continues to intend, to mislead the House and the Queensland community about this important matter. Conclusion Mr Speaker, 1 submit that this information is sufficient to establish that the Member for Everton has made statements to the House that are misleading, statements that he knows to be incorrect, and that, in so doing, he has intended to mislead the House. I therefore submit that the Member for Everton is, prima facie, in breach of Standing Order 266 of the Standing Orders and is in contempt of the Parliament. Accordingly, I ask that you refer this matter to the Ethics Committee for its consideration of whether the Member for Everton is in breach of the Standing Orders. Yours sincerely CAMERON DICK MP Treasurer Minister for Infrastructure and Planning Member for Woodridge Your Ref: Our Ref: 200622-OUT-Mander 22 June 2020 MrTim Mander MP Deputy Leader of the Opposition Member for Everton Email: Everton^parliament.qld.eov.au Dear Tim I have received correspondence from the Treasurer, Minister for Infrastructure and Planning on 18 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.