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Legislative Assembly for the ACT: 1997 Week 5 Hansard (14 May) . . Page.. 1428 ..

MR HUMPHRIES (continuing):

I put the question to Ms Horodny before: Where is the proof that any dangerous substances have ever been emitted by Totalcare's incinerator at any time in its history?

Ms Horodny: You cannot prove it has not been.

MR HUMPHRIES: The comment is that I cannot prove that it has not been emitted. That is true. I cannot prove that there has never been anything emitted. All I can prove is that inspections are done at least once a week by government inspectors; that the monitoring of the temperature of the incinerator is always showing that it is burning at a temperature high enough to destroy dangerous chemicals such as cyanide; that it was built for these sorts of chemicals, it was designed for these sorts of chemicals, and it is operating according to its design parameters. That is what I can prove.

I would have thought, Mr Speaker, that if someone suggests that dangerous chemicals have been emitted by the incinerator - not could be emitted, but have been emitted by the incinerator - it is up to them to prove it. I cannot disprove that chemicals have been emitted, but I have not made the claim that they have been. Surely, the person who has made the claim ought to substantiate it. He, of course, cannot and will not.

Ms Horodny: Oh, come on! You expect people in the community to know what is coming out of the chimney.

MR HUMPHRIES: Well, why say that it has been?

Ms Horodny: It is your chimney. You should be monitoring it.

Mr Corbell: Community members do not have the capacity to test it.

MR HUMPHRIES: To take Mr Corbell's interjection, I accept that it is very hard for Mr Darlington to prove that the chemicals have been emitted, but the Government cannot disprove that they have been emitted.

Ms Horodny: Then you cannot prove that they have not been.

MR HUMPHRIES: We cannot disprove it, but I did not make the claim that they have been. If Mr Darlington had said, "It is possible that it could happen, and here is how", then, yes, there would be a problem. But he said that they had been emitted. Where is the proof of that?

Ms Horodny: You need to prove that he is wrong.

MR HUMPHRIES: Where is the proof of that?

Ms Horodny: Where is your evidence? Where is your monitoring?

MR HUMPHRIES: Mr Speaker, the Government cannot disprove it.

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