House of Assembly: Tuesday, September 08, 2015

Contents

Legal Profession Conduct Commissioner

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (15:14): My question is to the Attorney-General. Is the Attorney aware of the Supreme Court judgement of Justice Parker in Viscariello versus Macks dated 27 August 2015 in which the judge found that the Legal Profession Conduct Commissioner had not obtained the Attorney-General's authority to conduct a delegation which was in breach of section 17(1) of the Public Sector Honesty and Accountability Act 1995, and, if so, has the matter been referred to the DPP?

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) (15:15): Yes, I am aware of that matter, and the matter is presently under consideration. I think it would not be appropriate for me to take it any further other than to say that the individual concerned is a person not unfamiliar to the legal system. He shares that distinction with a number of other people and perhaps it would be unhelpful for me to go any further.

Yes, the matter has been drawn to my attention. It was drawn to my attention in the latter part of last week and I am seeking advice as to how the matter can be appropriately dealt with. I am satisfied about one thing, that if there was any failure to comply with the relevant provisions that would have been on the basis of some inadvertence or accidental basis. I am satisfied in my own mind there was no deliberate attempt to cause trouble. However, be that as it may, I think, should I say, that the answer to the question is: yes, I am aware of it; yes, I have asked for advice about it and, when I get the advice, I will deal with it as I am advised.