Page 1407 - Week 05 - Wednesday, 11 May 1994
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MADAM SPEAKER: The process of sub judice, on which I have asked for advice, is that it is, to a certain extent, up to the Assembly to decide. The matter is under inquiry and the answer that may be provided may influence the course of the inquiry in terms of publicity that could be read by witnesses or by the inquirer, and I would caution all members to bear that in mind. I will not rule the question out of order nor direct the Chief Minister not to answer it, but simply say that either in asking the question or in answering the question one runs a very severe risk of influencing future witnesses or in some way influencing the outcome of the inquiry. Chief Minister, you may proceed.
MS FOLLETT: Madam Speaker, it is certainly true to say that Mr Berry had discussed with me the matter of the ACTTAB link with VicTAB before he made his public announcement about VicTAB's action on that matter. I cannot advise members of the precise dates; I do not recall them. It is also the case that I saw a document on that matter, again before the matter was public. Beyond that I am not prepared to comment.
MS SZUTY: I ask a supplementary question, Madam Speaker. According to evidence tabled during the Pearce inquiry by the Department of the Environment, Land and Planning, it is stated at paragraph 5.9 - - -
Mr Connolly: I raise a point of order, Madam Speaker. While you did not rule the first question out of order, a question premised according to evidence given before an inquiry currently proceeding must be an issue that goes to the sub judice convention.
Mr Kaine: On the point of order, Madam Speaker: Surely what is going on in another place does not preclude the Chief Minister answering a question as to whether she knew or did not know something on a certain date. It is totally irrelevant to the inquiry.
MADAM SPEAKER: She has answered that question. I would caution Ms Szuty to look at the standing order on supplementary questions, which does not allow new material to be introduced in a supplementary question. The supplementary question may be only a supplement to the first question that was asked.
Mr Humphries: We have not heard the question yet, so how would we know?
MADAM SPEAKER: If you choose to interrupt, Mr Humphries, perhaps you may take a point of order. Ms Szuty, I would caution you to check the standing order on supplementary questions. I again draw to your attention my caution on any question asked being able to influence the witnesses who are yet to appear before the inquiry. Proceed, Ms Szuty.
MS SZUTY: Madam Speaker, I am well aware of both the issues you have raised. In her answer the Chief Minister said that she had seen the document prior to the sittings in April, when we considered the motion of no confidence in Mr Berry. What I would like the Chief Minister to do is to table the brief which was forwarded to her through the Minister for Sport, for the information of members.
MS FOLLETT: Again, I have to seek your guidance, Madam Speaker. I do not have that document to table. I do not know whether you wish me to acquire that document. Members opposite say that it is a public document. I am willing to try.
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