Page 2322 - Week 08 - Thursday, 7 June 1990

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Stevenson has publicly commented and placed on the notice paper concern matters which, among other things, involve defamation writs by Mr Albrighton against seven senior staff at the Belconnen Remand Centre.

Mr Speaker, this is an unprecedented attempt to prosper a claim. I make no judgment on Mr Albrighton's issues, but it is unprecedented that this Assembly should be used to prosper a claim before an appellate quasi-judicial tribunal and in circumstances where the respondents to those civil writs of defamation will be in a disadvantaged position as a result of privilege having been used. There is the potential, at least, for this debate to be used in that way.

I have no fears in relation to any of these matters, Mr Speaker. I raise a point of order under the well known sub judice rule. It may not sit completely with that rule because it is a quasi-judicial tribunal that is affected, but I suggest that, if the spirit of the parliamentary practice is breached, an unfair situation will arise for those who rightly or wrongly oppose or respond to Mr Albrighton's initiatives.

I submit, Mr Speaker, that it would be quite improper for this Assembly to hear Mr Stevenson, and I must acknowledge that the Opposition has already indicated that it will not join the debate - nor will the Government and nor, I note, will Mr Moore - on this matter. What will transpire is that Mr Stevenson will speak, we will abide by convention and good sense and not respond, and an injustice is potentially likely to other, as yet unidentified, parties.

I suggest, Mr Speaker, you should rule that Mr Stevenson not be heard on this matter; that he put the matter on notice by way of the usual rules where he can seek to raise a matter on notice, and I will undertake as Attorney-General to divulge fully to him all the circumstances known to me. I will undertake to make similar advice available to the Opposition and Mr Moore and, of course, to any other member of the Assembly.

I submit, Mr Speaker, that it is important that we not use this venue in the manner in which it is envisaged, either intentionally or unintentionally - and I truly believe that Mr Stevenson is unintentionally using the chamber in this regard as a result of his keenness, which may be correctly placed. He may well be correctly placed in his concerns, but they involve matters that involve the previous administration of my colleague Mr Berry, may partly involve my administration, and do not relate to matters that should be properly before the Assembly.

MR SPEAKER: Thank you, Mr Collaery. I will take advice on that observation.

I think that in the circumstances it would be wise if we proceeded to one of the orders of the day and returned to


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