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Legislative Assembly for the ACT: 1998 Week 8 Hansard (29 October) . . Page.. 2454 ..

Question put:

That the motion (Ms Tucker's) be agreed to.

The Assembly voted -

AYES, 7	 	NOES, 8

Mr Corbell	Mr Cornwell
Mr Hargreaves	Mr Hird
Mr Kaine	Mr Humphries
Mr Quinlan	Mr Moore
Mr Stanhope	Mr Osborne
Ms Tucker	Mr Rugendyke
Mr Wood		Mr Smyth
		Mr Stefaniak

QUESTIONS WITHOUT NOTICE

Periodic Detention Centre

MR STANHOPE: Mr Speaker, my question is to the Acting Chief Minister in his capacity as the Minister for Justice and Community Safety. If, as the Minister told the Assembly yesterday, police found insufficient evidence to mount a criminal prosecution over alleged misconduct by officers of the Periodic Detention Centre, can he explain on what evidence the head of Corrective Services in his department relied on when he made his decision to apply for the early release of the detainee who made the complaint?

MR HUMPHRIES: Mr Speaker, in answering that question I urge, as I have done in the past - but I am not sure with what effect - members to be cautious about this matter. I know the police investigation is complete, but the Auditor-General's investigation of the public interest disclosure allegations is still afoot. That is not exactly a sub judice matter, but we ought to respect his capacity to be able to get to the bottom of matters that are worthy of investigation without there being a background of comment and allegation in this place to contend with. What was the question, Mr Stanhope?

Mr Stanhope: I understand the advice the police gave you was to the effect that there was insufficient evidence to mount a criminal prosecution. I was asking whether or not you could then explain what evidence the head of Corrective Services, a unit in your department, relied on when he made his decision to apply to the Chief Magistrate for the prisoner who made the complaint to be released.

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