Keogh Case

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (14:24): My question is to the Attorney-General. Does the Attorney agree that if the Crown or any of its agencies are in possession of exculpatory evidence after the conviction of a person, it has a duty, and indeed an ongoing duty, to disclose the same to that party or his or her representatives?

The SPEAKER: I think what is occurring is the deputy leader is asking the Attorney-General for a legal opinion and that is out of order.

Ms Chapman: I'm asking him whether there is a duty.

The SPEAKER: That can be obtained by reference to the statutory and common law of evidence.

Ms CHAPMAN: With respect, sir, I am not asking for a legal obligation, otherwise I would have said that. I am happy for it to be a duty.

The SPEAKER: No, the deputy leader is asking for a legal opinion and I am ruling it out of order.

Ms CHAPMAN: A further question?

The SPEAKER: Yes, a further question.