Page 309 - Week 02 - Wednesday, 7 March 2007
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MR GENTLEMAN: Mr Speaker, could I speak to that?
MR SPEAKER: Yes.
MR GENTLEMAN: It was in relation to protections being removed from employees and did not specifically go to the point of that particular item; it talked in general about the new legislation.
Mrs Dunne: You just said they sacked somebody.
MR SPEAKER: Well, as long as you do not refer to the case which was referred to in—
Mrs Dunne: You named him.
Mr Stefaniak: Yes, you just cannot refer to that case.
MR SPEAKER: You just cannot—
Mrs Dunne: You just named him. Mr Speaker, he named the person who was sacked.
MR SPEAKER: You should not refer to the person that is the subject of legal action and is before a judicial body, because it will be sub judice and I will rule it out.
MR GENTLEMAN: Righto, Mr Speaker. I will talk about an incident that occurred recently in the ACT, about the dismissal of an employee from—
Mrs Dunne: Mr Speaker, I’m sorry, this—
MR SPEAKER: The difficulty I have with that, Mr Gentleman, is that it is now pretty clear what that incident might be. I would rule that if you choose to adopt that course that would be sub judice too; so you have got to stay away from the particular case altogether. Now that the matter has come to the notice of the chair, any reference to a similar case I think draws a bead on the matter which is before the courts.
Mrs Dunne: Mr Speaker, I just seek your guidance. You have already ruled that paragraph 2 of Mr Gentleman’s motion cannot be dwelt upon because of the sub judice issue. I am just wondering whether it is possible to discuss paragraph 3 either, because essentially what that is doing is asking the Chief Minister to take steps in relation to a particular activity as well, and I am just wondering whether that comes too close to the case as well.
MR SPEAKER: No, I do not think so. Plainly it can be dealt with separately.
Mrs Dunne: Okay. Thank you, Mr Speaker.
MR GENTLEMAN: Thank you, Mr Speaker. I am trying to find some words here to describe an incident that has occurred that we cannot talk about.
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