Page 3990 - Week 15 - Wednesday, 16 December 1992
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This motion of no confidence relates to the failure of Wayne Bruce Berry, as ACT Minister for Health, to rectify an illegal practice within his department, despite it being named as illegal and despite a number of written requests being sent to him personally asking that he have his department comply with the law. This failure to comply with the law has continued for 23 months and 20 days during the two periods that Wayne Berry has been Health Minister.
To prove beyond any doubt that Wayne Berry knowingly refused to fulfil his statutory duty, I will present copies of letters signed by him, verifying that he was aware of this illegal situation for not less than 11 months. Yet he did nothing to correct it. It is important at this point that I highlight the fact that this motion does not depend on the merits of the ACT law which required the reporting of HIV/AIDS as an infectious disease. Indeed, the motion does not even need to address this issue; nor does it. While I acknowledge that many people have strong opinions on the reporting of HIV/AIDS as an infectious disease - - -
Mr Berry: Madam Speaker, could I have those documents tabled immediately?
MADAM SPEAKER: No, it is usually done at the end.
MR STEVENSON: I am perfectly happy - - -
MADAM SPEAKER: Excuse me; I am conferring with the Clerk.
MR STEVENSON: I was going to let you have them today for tomorrow.
MADAM SPEAKER: Mr Stevenson, would you be so obliging as to table them now?
MR STEVENSON: Yes.
MADAM SPEAKER: You will need leave of the Assembly.
MR STEVENSON: I seek leave of the Assembly to table the documents.
Leave granted.
MADAM SPEAKER: Thank you, Mr Stevenson. Please proceed with your speech.
MR STEVENSON: Thank you. While I acknowledge that many people have strong opinions on the reporting of HIV/AIDS as an infectious disease, this motion does not debate that issue. This motion is simply about whether or not Wayne Bruce Berry upheld the law as he is required to do under his ministerial office. The issue of the merits of this particular law may be important, but today that is not the question.
The only questions we have to answer today are: First, did the law in the ACT require the reporting of the identity of HIV/AIDS patients to the Medical Officer of Health? Secondly, was Wayne Berry responsible, as Health Minister, for upholding this law? Thirdly, was Wayne Berry aware of this law, or should he have been? Fourthly, did Wayne Berry fail to uphold this law? If the evidence shows, and I state that it does, that the law required the reporting of the identity
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