Gillman Land Sale

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (17:07): So, having sought that advice, Attorney, and having got that advice, why didn't you table today a copy of the redacted deed, as distinct from simply tabling a copy of part of all of the exhibits of the Supreme Court proceedings, and why do you continue to refuse to do so?

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (17:08): Well, look, I have asked the Crown to provide me with advice as to what can be provided safely in a public sense. The effect of their advice has been that, because these documents are already in the public domain, and that is acknowledged and understood by ACP, I am placing the government and the state at no risk by actually providing copies of those documents in the form of a tabled document. But I have not and, quite frankly, don't intend to, ask the Crown to spend a lot of time going through extensive contractual documentation, and then necessarily some form of interaction and debate with ACP as to which clause is in and which clause is out, where the risk of something ultimately being in breach will all be borne by the state, potentially.

So what I have done is I have done what I am advised is safe for me to do without putting the state at any risk at all of breaching the confidentiality requirements under the legislation, and that is what I have done.

I can say that if I were in a position to freely deal with other matters without being potentially in breach of the agreement and then potentially opening up the state to some form of legal action, I would be happy to do so as would my ministerial colleagues. That is where it stands. We are caught between what we know is safe to put in the public domain, because it is, de facto, already there, and what I am advised contains some risk because of the potential for those provisions, which are yet to be crystallised, giving rise to potential breaches of contract issues.