3 Oct 2000 Legislative Assembly 3259 TUESDAY, 3 OCTOBER 2000 APPLICATION OF SUB JUDICE RULE CJC Inquiry Into Electoral Fraud Mr SPEAKER: Order! I draw the attention of all honourable members to previous Mr SPEAKER (Hon. R. K. Hollis, Redcliffe) Speakers' rulings on the sub judice rule and its read prayers and took the chair at 9.30 a.m. application to the Criminal Justice Commission's open inquiry commencing DIVISION BELLS today. In 1991, Speaker Fouras advised the Mr SPEAKER: Order! Honourable House of an opinion from the Solicitor-General. members, we have a technical problem and I will remind members of its contents. It the bells are not ringing. I intend to adjourn the reads— House for 30 minutes to make sure that every "I refer to previous correspondence in member is able to attend the House. Should relation to the Speaker's ruling in respect there be a division, we can then make sure of the CJC investigation into travelling that they are in the area at that time. allowances and expenses claimed by Sitting suspended from 9.32 a.m. till Members of the Legislative Assembly and 10 a.m. now enclose the Solicitor General's opinion on the matter. ASSENT TO BILLS It will be seen that the Solicitor General's opinion is that whilst it is a Mr SPEAKER: Order! Honourable matter for the discretion of the Speaker, members, I have to report that I have received who is personally charged with the from His Excellency the Governor a letter in responsibility of evaluating whether any respect of assent to certain Bills, the contents particular discussions should take place in of which will be incorporated in the records of the House, if statements are to be made Parliament— in the House which would adversely reflect GOVERNMENT HOUSE on the position of particular individuals QUEENSLAND and specifically would suggest guilt of 14 September 2000 criminal offences, then in view of that The Honourable R. K. Hollis, MLA point, the sub judice rule would be Speaker of the Legislative Assembly relevant and the Speaker would be Parliament House entitled, in exercising his discretion, to George Street prevent such statements." BRISBANE QLD 4000 That informed Speaker Fouras' ruling on 19 Dear Mr Speaker February 1991 that "matters awaiting or under I hereby acquaint the Legislative Assembly that adjudication in all courts exercising a criminal the following Bills, having been passed by the jurisdiction should not be referred to" and that Legislative Assembly and having been presented for the Royal Assent, were assented the "CJC inquiry is like a court or royal to in the name of Her Majesty The Queen on 13 commission and should be treated as such". September 2000: More recently, Speaker Turner, on 3 April A Bill for an Act to amend the Land and 1996, ruled that the "matter of the Resources Tribunal Act 1999 memorandum of understanding between the A Bill for an Act to amend the Mineral Premier and the Police Minister and the Police Resources Act 1989 and other Acts for Union is now the subject of an inquiry by the purposes related to native title CJC and should not be referred to in the A Bill for an Act to amend the Vegetation House." Management Act 1999 Equally, the matters as outlined in the A Bill for an Act to provide for the terms of reference for the Shepherdson inquiry sustainable management of water and into allegations of electoral fraud or any other resources, a regulatory framework for providing water and sewerage services matters which come before the inquiry are now and the establishment and operation of the subject of these rulings on sub judice and water authorities, and for other purposes should not be referred to in the House. The Bills are hereby transmitted to the Legislative Assembly, to be numbered and forwarded to the proper Officer for enrolment, PRIVILEGE in the manner required by law. Mr Speaker's Ruling Yours sincerely Mr BEANLAND (Indooroopilly—LP) (sgd) Peter Arnison (10.03 a.m.): I rise in relation to your Governor ruling—and I presume that that is your ruling. 3260 Petitions 3 Oct 2000 Mr SPEAKER: It is my ruling. Mr BORBIDGE: Mr Speaker, it is a matter Mr BEANLAND: I raise that because of of privilege. past matters involving this issue. In going Mr SPEAKER: You are debating the through the records of Hansard in relation to issue. Tell me what the matter of privilege is. your ruling, I notice that quite a range of issues Mr BORBIDGE: Mr Speaker, to censor and questions were raised in relation to both the Parliament in a manner that has not been the Carruthers inquiry—the memorandum of done before is a matter of privilege. I am understanding—and the Fitzgerald inquiry. It making the point that, notwithstanding those was not a cart blanche situation in which the rulings which you have referred to, there have Speaker ruled that all matters were out of been examples in which previous Speakers order. permitted questions from the Opposition of the Mr SPEAKER: Order! This is not a day to the Government of the day, and that is debate. established parliamentary privilege. Mr BEANLAND: I am just raising the Mr SPEAKER: Order! If the Leader of the issue— Opposition has that sort of evidence on that Mr SPEAKER: Order! Is this a matter of matter, I ask that he provide it to privilege? me—specifically, not just a bundle of papers. Mr BEANLAND: Yes. I am just raising the Opposition members interjected. fact that all matters were not ruled out of order Mr SPEAKER: Order! That may happen, in relation to these issues; questions were but I ask for the material in writing so that I can raised in the Parliament in relation to both the consider it. memorandum of understanding and the Fitzgerald inquiry. Mr Speaker, I presume you Mr BORBIDGE: All I am saying is, "Here are referring to matters that are currently the they are." subject of questions at the inquiry but not Mr SPEAKER: You are debating the broad matters that may not have been issue. I am just saying that you can provide canvassed yet by the inquiry. that to me in writing and then I will hear you. Mr SPEAKER: I refer to Hansard of April Mr BORBIDGE: I would just make the 1996 when at the end of a very long discourse comment that the Opposition would view very by the then shadow Attorney-General the seriously any attempt to censor this Parliament Speaker said— and to prevent the Opposition from doing its "Order! I thank the honourable legitimate job— member for his learned legal contribution. Mr SPEAKER: You are debating the I rule that there is no matter of privilege. I issue. Resume your seat. have made my decision." Mr BORBIDGE:—based on established That is my decision also today. precedent, the details of which are on the parliamentary record. PRIVILEGE Mr SPEAKER: Order! Resume your seat. Mr Speaker's Ruling Hon. R. E. BORBIDGE (Surfers PETITIONS Paradise—NPA) (Leader of the Opposition) The Clerk announced the receipt of the (10.05 a.m.): I rise on a matter of privilege. following petitions— Mr Speaker, with respect, notwithstanding the rulings that were given by previous Speakers, there were a number of instances when Mr A. Rickard questions were directed by the Opposition of From Mr Veivers (506 petitioners) the day and the Opposition Leader of the day, requesting the House to declare that Alan the current Premier, to Ministers in the James Rickard be required to stand aside as previous Government. In fact, there were Councillor for Division 3 of the Gold Coast City questions relating to the MOU that were Council until the holding of a new election or directed to Ministers in the previous some other determination of the matter, and Government, and they are on the Hansard completion of investigations of the Criminal record. Justice Commission and of the applications Mr SPEAKER: Order! This is not a matter now before the Supreme Court of of privilege. You are debating the issue. Queensland. 3 Oct 2000 Papers 3261 Crown Land Electricity Act 1994— From Mr Feldman (5,155 petitioners) Electricity Legislation Amendment requesting the House to make representation Regulation (No. 1) 2000, No. 250 to ensure continued access to Crown land Forestry Act 1959— (State forests and national parks) within Forestry Legislation Amendment reasonable proximity for south-east Regulation (No. 3) 2000, No. 252 Queensland recreation users, including horse Indy Car Grand Prix Act 1990— riders, 4WD enthusiasts and bike riders, at a level equal to or greater than that available Indy Car Grand Prix Amendment prior to the RFA process. Regulation (No. 2) 2000, No. 253 Petitions received. Integrated Planning Act 1997— Integrated Planning Amendment Regulation (No. 3) 2000, No. 235 PAPERS Land Act 1994— The Clerk informed the House of the Proclamation commencing certain tabling of the following documents— provisions, No. 241 PAPERS TABLED DURING THE RECESS Land Act 1994, Vegetation Management Act The Clerk informed the House that the 1999— following papers, received during the recess, Vegetation Management Regulation 2000, were tabled on the dates indicated— No. 243 12 September 2000— Land and Resources Tribunal Act 1999— Criminal Justice Commission— Queensland Prison Industries: A Review Proclamation commencing remaining of Corruption Risks provisions, No. 244 15 September 2000— Local Government (Chinatown and The Valley Malls) Act 1984, Local Government (Queen Electoral Commission Queensland— Street Mall) Act 1981— Research Report 1/2000, Statistical Profiles: Queensland State Electoral Local Government (Malls) Regulation Districts 2000, No.