Page 4024 - Week 15 - Wednesday, 16 December 1992
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MS SZUTY (5.17): I have been listening to the debate this afternoon fairly carefully and I see the issue very much as one of conflicting and varying legal advice. We had the debate on the health ramifications of the disclosure of HIV and AIDS notification a week or so ago when Mrs Carnell raised her disallowance motion in this chamber.
I take Mr Connolly's point that at the moment there is an appeal to the Supreme Court in progress, with the Government appealing an AAT decision which it believes was wrong in law, and it discusses the question of what is legal professional privilege. Mr Humphries has said in this Assembly that some disclosure of that legal advice which is currently before the Supreme Court may be possible to this Assembly. I think it would be helpful to members' understanding of the dates, the times and the process in regard to this issue if some disclosure of that legal advice were able to be provided to members, even if it were on a confidential basis.
In conclusion, briefly, Madam Speaker, on the evidence that has been presented today in terms of a no-confidence motion proposed against Mr Berry, I am unable to support it.
MR HUMPHRIES: Madam Speaker, I seek leave to make a statement under standing order - - -
Mr Berry: If we are going to go through this process again, I hope that Mr Humphries is reminded that his contribution ought not be by way of debate.
MADAM SPEAKER: Thank you, Mr Berry. Yes, you have my leave, Mr Humphries. Please proceed.
MR HUMPHRIES: Madam Speaker, I make a personal explanation under standing order 46. It was suggested by Mr Wood in the debate that I - - -
Mr Wood: Here we go again. Third time.
MADAM SPEAKER: Order, please! Mr Humphries has the floor.
MR HUMPHRIES: Thank you, Madam Speaker. He suggested that I took no action on advice which I received as Minister in 1991. That advice has been tabled by Ms Follett and it says, for example, that legal opinion on the interpretation of the regulations - that is, of course, the notification regulations - varies. Madam Speaker, the advice suggested that there was an ambiguity there but did propose that certain action flow from that ambiguous situation with respect to the law. I draw to the attention of the Assembly two ways in which that was progressed by me as Minister and by my department. First of all - - -
Mr Berry: Madam Speaker, I raise a point of order. Standing order 46 talks about leave being granted by the Chair for a member to explain matters of a personal nature, and that is fair enough. Then there are the words, "although there is no question before the Assembly". There is a question before the Assembly.
MR HUMPHRIES: This is notwithstanding that fact, stupid!
MADAM SPEAKER: Order, please!
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