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Legislative Assembly for the ACT: 2001 Week 9 Hansard (21 August) . . Page.. 3043 ..

Mr Berry: I present the following paper:

Williamsdale Quarry-Proposed joint venture-Copy of letter from Kate Carnell MLA, Chief Minister and Gary Humphries MLA, Treasurer to Chairman Totalcare Industries Ltd, dated 24 January 2000.

MR HUMPHRIES: Mr Berry has asked me several questions about this matter. You have asserted that I have misled the Assembly about this. You now know that-

Mr Berry: Mr Speaker, I think he said I misled the Assembly about this.

MR HUMPHRIES: No I did not. You should listen, Mr Berry. I said that you asserted that I misled the Assembly. That is what I said. There is a difference, in case you have not noticed.

Mr Speaker, I also want to table a document in regard to legal advice dated 10 August 2001 by Phillip Mitchell, the Government Solicitor, which demonstrates quite categorically, and I quote from his advice:

In my opinion there has been no failure to comply with sections 16 and 25 of the Territory Owned Corporations Act. The arrangements do not amount to either:

(a) a disposal by Totalcare (or a subsidiary) of any of its main undertakings; or

(b) a disposal by Totalcare (or a subsidiary) of a significant asset

for the purposes of section 16 of the TOC Act.

Mr Speaker, this, of course, backs up the advice which was provided to Totalcare by Mallesons Stephen Jaques, which was obtained before the joint venture was entered into. That advice made it very clear that this was a perfectly legal step to take.

Mr Speaker, at what point will Mr Berry acknowledge that he has made a mistake and that he has tarred the reputation of not just ministers in the government but also of public servants?

Mr Berry: I have not said anything about public servants.

MR HUMPHRIES: You did not have to say anything. Public servants implemented this policy and, on Mr Berry's argument, must have been involved in breaking the law. You cannot argue that the minister made this decision in isolation and went around stamping documents, preparing instruments and signing things off. There have to be other people involved in this process. In many cases, ministers act through public servants, particularly in a matter such as this. So you cannot say that the minister has broken the law without suggesting at the same time necessarily that other people, particularly public servants, were involved in that process.

Mr Speaker, what we have here is legal advice which demonstrates that Mr Berry is utterly wrong. I table that advice, Mr Speaker. I present the following paper:

Williamsdale Quarry-Proposed joint venture-Copy of legal opinion, from the Australian Capital Territory Government Solicitor dated 10 August 2001.

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