House of Assembly Fifty-Third Parliament, Second Session (53-2) 53 2 Parliament of South Australia House of Assembly published Question Time Member for Mawson Member for Mawson Mr GARDNER House of Assembly Morialta Member for Mawson Mr GARDNER (Morialta) (14:57): My question is to the Premier. Does the Premier have confidence that the Minister for Tourism has complied with the Ministerial Code of Conduct? Does the Premier maintain confidence in the Minister for Tourism? With leave and that of the house, I will explain. Today in the District Court, Her Honour Judge McIntyre, in relation to defamation findings in the case of De Poi and the Sunday Mail, has found that behaviour in the seat of— The Hon. S.C. MULLIGHAN House of Assembly The Hon. S.C. MULLIGHAN: Point of order: shouldn't the house decide whether or not to grant leave to the member before he indulges himself in an explanation? Mr Marshall interjecting: The Speaker House of Assembly The SPEAKER: No, no. Would the member for Morialta be seated? The leader is wrong. I don't do that; the house grants it. The leader is wrong; I don't do that. It is the house that grants it. Is leave granted? Leave granted. The Speaker House of Assembly The SPEAKER: The member for Morialta is reading from a judgement? Mr GARDNER House of Assembly Mr GARDNER: I have notes that summarise a judgement, sir. Ms Chapman House of Assembly Ms Chapman: The judgement is here if you want it. The Speaker House of Assembly The SPEAKER: I would like the judgement sent up to see that the question corresponds with the judgement. Mr GARDNER House of Assembly Mr GARDNER: Certainly. The Speaker House of Assembly The SPEAKER: What page are you referring to? Mr GARDNER House of Assembly Mr GARDNER: My notes refer particularly to clause 118, in which practices in the seat of Mawson in the 2010 election were found to be dishonest, not meeting standards of community morality and not meeting standards of ethics accepted by the community. The Hon. J.W. WEATHERILL House of Assembly Cheltenham Premier The Hon. J.W. WEATHERILL (Cheltenham—Premier) (14:59): I don't quite know what that has to do with the member for Mawson in his capacity as minister or in any other capacity, as far as I can understand it. I seem to recall that there was a much more recent episode. Something to do with— Members interjecting: The Hon. J.W. WEATHERILL House of Assembly The Hon. J.W. WEATHERILL: Did the member for Morialta manage to communicate with the member for Davenport before asking this question? Is there a— Members interjecting: Mr PISONI House of Assembly Mr PISONI: Point of order, sir. The Speaker House of Assembly The SPEAKER: Point of order. Mr PISONI House of Assembly Mr PISONI: The Premier is not addressing the substance of the question. The Speaker House of Assembly The SPEAKER: Again, I would be far more amenable to that point of order if the opposition was not raucously shouting at the Premier. I will follow the Premier's answer and, if he errs and the opposition is respectful of the Chair, I will consider the point of order in due course. The Premier. The Hon. J.W. WEATHERILL House of Assembly The Hon. J.W. WEATHERILL: Thank you, Mr Speaker. One, I don't understand that it has even been alleged in the question that this had anything directly to do with the member for Mawson, but let's assume that it does, let's put their allegation at its highest for these purposes. Are they really suggesting a standard of morality which they, in the most recent Davenport by-election, departed themselves in their own conduct? Are they— Ms CHAPMAN House of Assembly Ms CHAPMAN: Point of order, sir, and it goes to relevance. This is a very specific question as to whether the Premier still has confidence in a minister or whether there has been a breach of— The Speaker House of Assembly The SPEAKER: Alright, I've got the point of order. Alas, the member for Morialta I think left out of his question the opening clause of paragraph 118, 'Whilst the scheme did not breach the Electoral Act'. If we're to quote from an absolutely privileged document, I think we must quote it in its proper context. Mr GARDNER House of Assembly Mr GARDNER: Sir, in fact, you asked me not to quote from it, therefore I returned to my notes— The Speaker House of Assembly The SPEAKER: No, I didn't ask you not to quote from it. What I asked, and I asked and my request was complied with by the member for Bragg, was that the judgement be sent up to me so that I could be assured that the use of absolutely privileged material in the house was accurate, that the whole thing was quoted. I think that, with my addition, the member for Morialta's quote is now complete. I think that it is within the scope of standing orders and question time that the Premier is able to refer to the alleged offence generally. The Premier. The Hon. J.W. WEATHERILL House of Assembly The Hon. J.W. WEATHERILL: Thank you, Mr Speaker. It is refreshing that the Liberal Party are so quick on their feet. Members interjecting: The Hon. J.W. WEATHERILL House of Assembly The Hon. J.W. WEATHERILL: This is one of the perils, sir, of one of these ad hoc questions at question time. It's a bit like the old Criminon documents, they have a habit of blowing up. Members interjecting: The Hon. J.W. WEATHERILL House of Assembly The Hon. J.W. WEATHERILL: I must say, sir, credit where it's due. Apparently, InDaily now reveals that the Liberal Party have worked out that you need 24 seats to actually gain government in South Australia. They have finally worked it out. Congratulations! Come on down. Members interjecting: The Speaker House of Assembly The SPEAKER: Members of the government's side will cease applauding. Applause is not permissible in the chamber. I would also add that I actually tried as attorney to outlaw this particular practice, and my proposal perished in the upper house. The Hon. J.W. WEATHERILL House of Assembly The Hon. J.W. WEATHERILL: Thank you, sir. And so— Ms CHAPMAN House of Assembly Ms CHAPMAN: Point of order, sir. The Speaker House of Assembly The SPEAKER: Deputy leader. Ms CHAPMAN House of Assembly Ms CHAPMAN: The Premier is straying from any close resemblance to the substance of the question, which is about his confidence in one of his ministers, in light of a judgement finding this morning. It is very clear. The Speaker House of Assembly The SPEAKER: I will listen carefully to see that the Premier addresses the substance of the question. The Hon. J.W. WEATHERILL House of Assembly The Hon. J.W. WEATHERILL: Thank you, Mr Speaker. If the question is about standards, a standard that concern was raised about by those opposite and members of the community we sought to remedy through legislative change. Those opposite blocked it and then, in the most recent Davenport by-election, sought to take advantage of it for their own electoral purpose. And they come in here and suggest to us that we should be judged by a standard they themselves have rejected. Do I have confidence in the member for Mawson, do I have confidence in the Minister for Tourism? Yes, I do.