Page 2465 - Week 12 - Tuesday, 14 November 1989

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MR BERRY: I think a resounding yes would suffice.

Canberra Times Site

MR MOORE: My question is addressed to the Minister for Industry, Employment and Education. In the light of the principles of natural justice established in the judgment effected by the full bench of the High Court of Australia in respect of the Minister for Aboriginal Affairs v. Peko Wallsend in July 1986, the court ruled - I will be brief if you can put up with it - that where the Minister has received additional submissions from a party he is required, before acting on them, to afford other interested parties an opportunity to answer them. Have you, as a party to the Canberra Times site case, agreed to an adjournment of the hearing until March next year, and are you considering a surrender and regrant of that lease?

MR WHALAN: Mr Moore's question is very similar to, and it may indeed be based on, a letter which was forwarded to me by a citizen who has an interest in the litigation involving the Canberra Times site. A detailed response based on substantial legal advice was given to the author of that letter. As this involves quite an important point of law, I would rather be very precise in the response to the question, so I will undertake to provide a response later today, Mr Speaker.

MR MOORE: I wish to ask a supplementary question. The other point about which I am most concerned, Minister, is the Errington principle, an example of which I have just cited, and obviously you are aware of it. Are you intending to apply it by hearing arguments from the opponents of the case, which was not done by the Standing Committee on Planning, Development and Infrastructure?

MR WHALAN: I will take that aspect of the question on notice also.

Hospitals

MR HUMPHRIES: My question is directed to the Minister for Community Services and Health. Can he inform the Assembly what decision has been made about the future of the hospital board of directors? If no decision has been made, when can the Assembly expect it? Finally, if a new board is to be put in place by 1 January next year, as indicated by the Minister in June, what is the latest date by which hospital staff elections can be held?

MR BERRY: The replacement for the interim hospitals board - which, as is by now well known, is to have its term expire on 31 December - is in the hands of Cabinet. The Government is currently considering the matter, and a


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