Page 3493 - Week 12 - Wednesday, 19 September 1990
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Mr Deputy Speaker, when speaking on 5 June 1990, the Chief Minister addressed this particular matter. He emphasised again that the role of the Federal Court was simply to determine whether the primary judge in the Supreme Court made an error in the exercise of the discretion conferred on him by the relevant legislation. It was not the role of the court to re-examine the evidence which had been before the Supreme Court and determine whether it would have decided the case in the same or a different manner. Mr Moore, who seems to be a regular visitor to the court these days, should be well aware of this particular issue. However, he does not seem to have understood it clearly, going on some of the public statements that he has made on this issue.
I also emphasise, Mr Deputy Speaker, that the Chief Minister noted that the decision given by the Supreme Court was based on the facts which emerged from the evidence available to it and also the circumstances which existed at the time the decision was made. Supplementary environmental material available to the Government at the time of its decision was not available to either the Supreme Court or the Federal Court. In fact, that material specifically addressed concerns previously expressed by Justice Kelly in the Supreme Court - - -
MR DEPUTY SPEAKER: Mr Berry, would you take your foot off the desk, please.
Mr Berry: I am very relaxed; I am sorry.
MR DEPUTY SPEAKER: I can see that, but do not get too relaxed.
MR JENSEN: The Standing Committee on Planning, Development and Infrastructure placed a further condition on its approval, which was that the Government not allow its own employees to occupy the building. The Government has, by its actions, illustrated that it is serious in its intent to relocate employees out of the Civic area by taking up substantial areas of space at Tuggeranong and also in the Braddon offices area. It has further indicated that it will not permit the proposed office space in the Canberra Times site development to be used for Territory Government purposes. The Government has always indicated that it expects the Commonwealth to comply with its certified National Capital Plan and not to permit its departments or agencies to occupy the proposed building.
Mr Deputy Speaker, I do not propose to say anything at this stage about the announcement made by the Chief Minister during the Government's response to the report on the proposal for the Griffin Centre, as I understand that my colleague the Minister for Housing and Community Services will be providing some details on that part of the development of the precinct today.
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