Page 2374 - Week 08 - Friday, 21 June 1991

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Original question put:

That the motion (Mr Stefaniak's) be agreed to.

The Assembly voted -

AYES, 11  NOES, 6 

Mr Berry Mr Collaery
Mr Connolly Mr Duby
Ms Follett Mr Jensen
Mrs Grassby Dr Kinloch
Mr Humphries Ms Maher
Mr Kaine Mr Stevenson
Mr Moore
Mrs Nolan
Mr Prowse
Mr Stefaniak
Mr Wood

Question so resolved in the affirmative.

MR SPEAKER: On behalf of the Assembly, I now pose the question to Mr Humphries: Do you consent to being Leader of the Opposition?

Mr Jensen: I take a point of order, Mr Speaker. I seek your indulgence. It would appear quite clear from the statements made in the house tonight that there seems to be some doubt about the legality of the process that you are about to undertake. As a point of order, I ask that you actually seek a legal opinion before you take the course that you are about to take.

Mr Humphries: Speaking to the point of order, Mr Speaker: It seems to me that it would be quite appropriate, if it is the wish of the house, or even whether it is or it is not, that there be some legal opinion sought in this matter and that it be done after the standing orders are enacted as passed by the house tonight. Then the matter could be looked at, if that is the wish of the house. It should not await the decision of the house, which, of course, cannot be recorded until we return in August.

MR SPEAKER: Thank you for your observation, Mr Humphries.

Mr Collaery: I take a point of order, Mr Speaker. In calling for consent from Mr Humphries you are deciding from the chair that the position of Leader of the Opposition is vacant. I draw your attention to section 14 of the self-government Act, which stipulates the manner in which a member vacates office. The term "office" is used in the

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