Page 577 - Week 03 - Tuesday, 12 April 1994
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MR BERRY: No; I am talking about in relation to this. You say that I have been misleading you in relation to Bartholomew. The royal commission stuff that you have referred to yourself does not make any reference to convictions of Bartholomew, does it?
Mr De Domenico: No.
MR BERRY: No; that is right. That is clear. In relation to - - -
Mr De Domenico: So?
MR BERRY: Just wait until I am finished.
MADAM SPEAKER: Mr De Domenico, I have asked you to listen to the Minister in silence as the Minister listened to Mrs Carnell in silence.
MR BERRY: In relation to advice on matters in relation to criminal records, I have received a copy of a letter from Assistant Commissioner Dawson, the Chief Police Officer for the ACT. It goes to the issue of the circumstances under which information can be provided on whether a person has a criminal record and, if so, whether he could provide the details of that criminal record. It says:
According to oral advice to the AFP in October 1993 from Human Rights Branch, Civil Law Division, Attorney-General's Department (Commonwealth), I am able to provide you, in your official capacity as Attorney-General for the ACT, with the criminal record of a person upon your request or at my own behest. Similarly, I can provide you with a statement that a person is not known to have a criminal record. I am precluded, however, from providing you, in any other of your official capacities, with a criminal record of a person unless the release of that information is provided for by one or more of the exemption provisions of the Privacy Act 1988.
So there are some very strict fences around the provision of this sort of information. I go back to Mr Bartholomew. Somebody amongst your speakers has tried to imply that Mr Bartholomew was a director or a shareholder or something with VITAB. Mr Bartholomew is not a director. He met and I met - I did not; he met briefly with - - -
Mr De Domenico: Did you meet with him?
MR BERRY: No. I withdraw that.
Mr De Domenico: Oh! You withdraw that.
MADAM SPEAKER: Mr De Domenico, let Mr Berry complete his sentences.
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