Page 4164 - Week 14 - Tuesday, 26 November 2013
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Any Member may, by communication in writing to the Clerk, dispute the validity of the claim of privilege in relation to a particular document or documents. On receipt of such communication, the Clerk will advise the Chief Minister’s Department, who will provide to the Clerk, within seven days, copies of the disputed document or documents.
We have not even seen anything, Madam Speaker. It is impossible to apply part (6) because the government is just stonewalling. The government, in violation of a direct order of this Assembly, has not complied with those orders, because what (6), (7), (8), through to (11), do is to then set up a process where documents that are in dispute can be dealt with. And it involves you, Madam Speaker, appointing a retired Supreme Court, Federal Court or High Court judge who then looks at the documents, and we have a legal arbiter.
This Assembly set in train a process to allow that to happen. The Treasurer decided he knew better than the Assembly and has rejected the order of the Assembly and, therefore, is in contempt. And we know he understands this, Madam Speaker, because, as I read before about what he said on 15 August, on 19 September when this motion passed he said:
As I indicated in my response when Mr Smyth first moved this motion in September, many elements of information are budget in confidence, and the government will, of course, seek executive privilege in relation to those matters that impact upon the territory budget, as is right and proper and as you would anticipate.
So he knows what 213A does. He knows the process that he must follow and he baulks at the order of the Assembly and refuses to comply. That, by any definition, is contempt of the Assembly.
Indeed, we now know that there are budget-in-confidence documents. One would assume that, as he lauds it as the largest tax reform in the history of the Assembly, he might have had a budget cabinet submission or two, but of course he refuses to make those available, claiming privilege. He has decided that he has the right to claim privilege, arbitrate on privilege and refuse to deliver anything to the Assembly, and that also is in contempt of the Assembly.
It is clear from the Treasurer’s own words that he was completely aware of the requirements of standing order 213A. I will read it again:
Where the Assembly requires a document to be returned, either the document requested or a claim of privilege must be given to the Clerk within 14 calendar days of the date of the order by the Assembly.
That has not been done. There is no claim of privilege. There has been nothing signed by the Chief Minister that I am aware of, unless the Chief Minister is going to stand up and say that, yes, she has done that. But it has not been done, in direct defiance of the standing orders.
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