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<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>House of Assembly</name>
  <date date="2009-11-18" />
  <sessionName>Fifty-First Parliament, Third Session (51-3)</sessionName>
  <parliamentNum>51</parliamentNum>
  <sessionNum>3</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="4719" />
  <endPage num="4786" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding>
    <name>Ministerial Statement</name>
    <text id="2009111884910195108b47faa0000108">
      <heading>Ministerial Statement</heading>
    </text>
    <subject>
      <name>Matter of Privilege</name>
      <text id="2009111884910195108b47faa0000109">
        <heading>MATTER OF PRIVILEGE</heading>
      </text>
      <talker role="member" id="532" kind="speech">
        <name>The Hon. K.O. FOLEY</name>
        <house>House of Assembly</house>
        <electorate id="">Port Adelaide</electorate>
        <portfolios>
          <portfolio id="">
            <name>Deputy Premier</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Industry and Trade</name>
          </portfolio>
          <portfolio id="">
            <name>Minister for Federal/State Relations</name>
          </portfolio>
        </portfolios>
        <startTime time="2009-11-18T11:59:00" />
        <text id="2009111884910195108b47faa0000110">
          <timeStamp time="2009-11-18T11:59:00" />
          <by role="member" id="532">The Hon. K.O. FOLEY (Port Adelaide—Deputy Premier, Treasurer, Minister for Industry and Trade, Minister for Federal/State Relations) (11:59): </by> I seek leave to make a ministerial statement.</text>
        <text id="2009111884910195108b47faa0000111">Leave granted.</text>
      </talker>
      <talker role="member" id="532" kind="speech" continued="true">
        <name>The Hon. K.O. FOLEY</name>
        <house>House of Assembly</house>
        <text id="2009111884910195108b47faa0000112">
          <by role="member" id="532">The Hon. K.O. FOLEY: </by> The member for Bragg raised a matter of privilege in the house regarding comments I made during the examination of the Auditor-General's Report. During the examination, the member asked a question which referred to the legal proceedings between SA Water and United Water. I declined to give an answer, citing that the matter was now before the courts. The member for Bragg interjected (as she often does) and stated that I had made statements previously in the house. I responded, 'Prior to it going to court.' The member for Bragg accused me of misleading the house, to which I responded:</text>
        <page num="4729" />
        <text id="2009111884910195108b47faa0000113">
          <inserted>I am happy to defer to the legal brilliance of the member opposite and clarify that and, if I have given an inappropriate statement, it will be corrected.</inserted>
        </text>
        <text continued="true" id="2009111884910195108b47faa0000114">Following the dinner break, the member raised her matter of privilege during which she cited a ministerial statement I had made to the house on 8 September which outlined that SA Water had filed proceedings with the Supreme Court of South Australia on 31 August. Also, she cited radio interviews I had given on the matter on 1 and 2 September. In the course of my response to the member for Bragg during the examination of the Auditor-General's Report, I also stated:</text>
        <text id="2009111884910195108b47faa0000115">
          <inserted>My recollection of events was in fact that I gave a statement saying that we would be serving a notice on United Water but had not done so at the stage that I gave the statement. Subsequent events were the serving of notice and legal proceedings commencing. That is my recollection of the series of events and I will get that checked if I have given incorrect information.</inserted>
        </text>
        <text continued="true" id="2009111884910195108b47faa0000116">My office is checking with crown law what information I can provide to the house in response to the member's question, and I will come back to the house with an appropriate answer in due course. However, I accept that my ministerial statement on 8 September included reference to proceedings being filed by SA Water on 31 August. As at 8 September there had been no hearings on this matter. First notice signed by United Water was on 9 September.</text>
        <text id="2009111884910195108b47faa0000117">Since that time there have been several hearings and the matter is now clearly before the courts. Further, I am sure that all members would agree that this dispute is indeed a serious matter and a matter worthy of a ministerial statement to the parliament. If there was any confusion in my comments last night, sir, as I stated, I would seek to correct that information. I did make mention that it was my recollection of events, and I made it quite clear to the house that, if anything was incorrect, I would correct the statement. I hope that clears up the matter.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>