House of Assembly: Thursday, December 03, 2015

Contents

Dennis, Mr R.

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) (15:54): I move:

That this house congratulates Mr Richard Dennis, Parliamentary Counsel, for his long and distinguished service to the Parliament of South Australia and its members.

I take great pleasure in moving this motion, which is one of recognition, acknowledgement and thanks to Richard Dennis, parliamentary counsel, with whom I must say I have perhaps had a greater interaction than many because of the nature of the work of the Attorney-General's office, in particular, and therefore I feel particularly privileged to be able to move this motion because I can do so from a perspective of one who has considerably benefited from Richard's skills and work.

Richard was appointed as parliamentary counsel in 2006. He was previously in private practice, but his interest in administrative law and the role of parliamentary counsel led him to join the office in 1982. He completed a Graduate Diploma in Business in 1993. He was awarded the Public Service Medal in 2010. He has been an active and valued member of the Australasian Parliamentary Counsel's Committee, even prior to his appointment to his present role.

He has been a member of the Machinery of Government Committee and its forerunner for many years. He has been an active member of the South Australian Chapter of the Australian Institute of Administrative Law and of the Law Society of South Australia, including presenting seminars on statutory interpretation and other topics. He was the primary organiser of the very successful Australasian Drafting Conference, hosted by the Office of Parliamentary Counsel of South Australia in August 2011 in Parliament House.

He has been the drafter of a number of very complex pieces of legislation, including national legislation. To mention but a few of his many achievements, one could mention the Natural Resources Management Act 2004, the Local Government Act 1999, the Development Act 1993 and, in a bookend career move, can I say that he has also been the author of a bill to repeal, replace and update the Development Act 1993, which is presently in another place.

Mr Gardner: I liked his earlier funnier work.

The Hon. J.R. RAU: All of it is very good work, I can tell you. He has drafted superannuation legislation and, of course, from my point of view again, the Return to Work Act 2014. Many of these matters deal with complex constitutional matters and other legislation just too numerous to mention.

Richard is renowned for his availability, his prodigious work ethic and output and his dedication to the job. As all who know him would realise, he has a very pleasant and friendly demeanour. He is happily married and devoted to his wife, Andrea, and he has two daughters, Alex and Maddy, and has for a number of years been closely involved with the Walford Anglican School for Girls and is a current board member.

He is also deeply involved with the Archdiocese of Adelaide. In his spare time—and I fail to see how he has any, to be honest—he enjoys spending time with friends, playing golf, watching Sturt play in the SANFL (there is something: my father was a big fan of Sturt, so he would be very pleased to hear that), snow skiing and travelling with his wife.

I would just like to say, further to those remarks, that I have had the opportunity of working very closely with Richard on a number of quite complex matters. We have, on more than one occasion, found ourselves around a table with drafts, both of us scribbling on bits of paper, me making suggestions and him politely correcting me and saying, 'No, it's a bit silly, but you could do it this way.' I have had the experience of actually being able to sit down and work with him on a very complex piece of legislation, like the return-to-work legislation, for example, when we spent hour after hour after hour sitting in a room and asking ourselves questions about the drafting, constantly trying to improve it and constantly asking ourselves all the questions about how it could be made better.

All the time Richard is aware of the fact that if we tweak a particular provision in one part of the legislation, his encyclopaedic knowledge is telling him there are consequential amendments cascading out somewhere else. This is the sort of thing that, frankly, boggles my mind that somebody can have so much information in there. I will greatly miss having Richard's support and assistance; he has been a fantastic support for me. Mr Speaker, who may even speak on this topic himself, certainly would have benefited in his time in my role from the great work done by Richard.

With those few words, I would like to say on my behalf and if I can speak on behalf of my colleagues—those who do not wish to make their own independent contribution—on behalf of all of us, thank you very much for your help; thank you for your good cheer; thank you for your tolerance; and we certainly wish you all the very best in your future endeavours. And who knows, you might have us chasing you in the not too distant future asking you for some other form of assistance. If that be the case then, hopefully, subject to your travel itinerary you might be available to assist us.

Richard, well done. Thank you very much for your great service to the parliament, the government, the people of South Australia, and all the very best in your next career.

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (16:01): On rare occasions the parliament moves a motion to recognise a significant contribution, and it is with great pleasure that on this occasion I am very happy to support the motion of the Attorney-General because Richard Dennis has provided a very long period of service of over 30 years to this parliament as a parliamentary draftsman and, of course, as parliamentary counsel for nine years, and his level of contribution by degree of excellence should be acknowledged.

May I first say that it is true that with all of the members of parliament who have come in and out of this chamber over that 30 years, I am sure that he would have dealt with each of them in a manner which continued to be professional and polite. His courtesy and patience and quietly spoken correction of all of us has been warmly received and highly regarded.

I also wish to say that most of us, at the time of seeking the advice of Richard or presenting a request for instruction of drafting, are usually in a frenetic state and, of course, frustrated with the process of what is close to the sausage-making role of law making. So, it is especially significant that, during that time, he is able to maintain such a high standard of patience with us. I greatly personally appreciate Richard's contribution, advice, support and guidance to us, especially during those rather frustrating times.

The high level of work that you have undertaken, Richard, not only in legislation for South Australia but which has had impact at the national level, and particularly the Northern Territory I wish to recognise, because it has been a part of Australia which has had a legislative connection with us for well over 100 years. Although we became more distant in the 1970s, there is significant legislation that has remained as a legacy, an influence, in South Australia's legal development. It has been very important to unpick some of that, and also when we do major pieces of infrastructure like the final conclusion of the rail link between Adelaide and Darwin, in particular from Alice Springs to Darwin, it is important that we have the legislative framework around it to support it.

I am aware that you were instrumental during that time. That was complex legislation and near impossible for those who were debating it, but equally for you who had to draft it. I could only imagine what it must have been like to deal with legislation in the break-up of the electricity trust of South Australia and things of that nature. These massive policy decisions have enormous complex consequences when they are implemented. Well done and we confirm our appreciation.

On your leaving us—and we wish you well, of course, in whatever future adventures you undertake—I just make clear for your successor the two things in modern drafting that I just cannot abide. One is this modern idea of introducing notations in statutes, usually with some unhelpful example of how it is to be applied, which then provides myriad opportunities for the legal world to interpret it. This is not something I direct at Richard Dennis, but I make the point that this innovation has not been helpful when what we do in here is applied in the outside world.

The second thing, which seems to have gone on for a very long time—certainly over the 30 years that I have also been in the legal world—is the innovation of listing in a schedule of offences a reference to identified penalties that are confirmed as applicable, the detail of which is published in another act.

Frequently, we will have a schedule of offences and the penalties we might find for those are sitting over in another piece of legislation—the Acts Interpretation Act, for example—especially when we are dealing with fines or imprisonment. The reader of the legislation, having read the edict that is to apply for certain behaviour or for refraining from certain behaviour, finds that the detail of the penalty is in another piece of legislation.

That is both frustrating and, I think, unfair. It is all very well for the legal world or the political world to simply access their computers and do the search and find the applicable penalty, but that is not always available to the average person and I think it should be. I hope your successor takes that on board. I think you have politely rebuffed me during your time, Mr Dennis, obviously to try to justify why we do these things, but I make that point.

The second thing I just want to say is this: I feel it is a little selfish of you to leave after only some 32 years or so. I can think of a number of other persons who have served the parliament or the Public Service who have lasted longer. Last night I met with a family of whom many were descendants of Sir William and Sir Lawrence Bragg, because there was a special event here in South Australia to unveil a bust of Sir William Henry Bragg.

With them were a number of descendants of Sir Charles Todd, who is famous, of course, for his work in supervising the Overland Telegraph Line and who also worked as a scientist, astronomer and telegrapher. The reason I mention him is that, in the late 19th century, he was employed by the South Australian government as a public servant and he served for over 50 years. In fact, he not only worked in roles including, in the early period, with the Bureau of Meteorology and other important public positions, but he did not give up one to do the next, he accumulated them.

So, there is an option for you, rather than actually leaving us, you could have just taken on some other responsibilities. We could have found some for you. You could have gone on for another 15 or 20 years, except for the fact that we now have a law that requires retirement from the Public Service at a certain age, more is the pity, I think, because your services would have been invaluable if you were able to stay. So, I think it is a little selfish on your part for actually leaving us. Nevertheless, we assure you that you will be well remembered. You go with our very best wishes and the highest regard of all of my colleagues on this side of the house and, I know, my colleagues in the other place.

The Hon. P. CAICA (Colton) (16:10): I will be brief in my comments on this motion. I rise to congratulate Mr Richard Dennis for his outstanding contribution over many years. I am sure the chamber will be pleased to hear that I am going to make no comment whatsoever on the reformatting of bills. I will forever take advice from those in the field who know better than I do. I had some dealings with Richard during my time as minister and I can say, genuinely, that he has been an absolute pleasure to work with. It is true that we have not had much business with each other in a technical sense over the past three years, but we do catch up with each other when I am getting some fresh air out on the front steps.

Together, we put through some pretty difficult legislation, I think, over a period of time. Richard was always there to provide sound advice in such a way that I was easily able to understand the thrust of what was being said. I think that is the great character of a good communicator too, that it is put in terms that I will understand. In fact, that is one of the secrets of legislation as well, to make sure that the reader will find it easier to read than otherwise might be the case if it was made more complex in its writing.

There is one issue, I guess, that arose during that time. I forget what the actual bill was, but I presented a bill to the house and Iain Evans, who was the opposition spokesperson on the matter, drew to my attention that I had tabled a bill that was actually an old bill that had been superseded. We made the mistake, or I made the mistake, as did whoever was my parliamentary officer at that stage by giving me something that was not the right bill. Richard, to his credit, cool as a cucumber, just said, 'Well, in all my years I've never seen that happen before.' We fixed it, everything was alright and it went reasonably well.

Richard's contribution cannot be understated. I do not intend to traverse the areas that the previous speakers have, only to say that during my time as minister I found Richard to be well beyond just useful, he was very professional and expert in the work that he undertook. From time to time, I worried when there was another person from parliamentary counsel but Richard would assure me that that particular person had all the skills required for that person to be of assistance to me in the passage of the bill. I want to pay tribute to those people as well because I think that, under the tutelage (if that is the right word) or the mentorship of Richard, we have a very fine, exceptional team who occupy those positions within parliamentary counsel. I thank you, Richard, for the role that you have played in bringing that group of people along.

I think this parliament owes a great deal of gratitude to Richard. Everyone who works here gets paid for what they do, but quite often people take it beyond just what is expected of them and go beyond expectations. Richard falls into that category. I want to make the point that, above all else, I have found Richard to be a very decent human being and I think that has assisted him in the way in which he has discharged his responsibilities and the relationships that he has been able to forge with people in this parliament from both sides and both houses.

Richard, I wish you all the very best in your future. You are leaving at a proper age, I think, because, whatever it is you intend to do, there is no doubt you are at an age where you can continue to do that for an extended period of time if you so choose. I know, whatever it is you are going to do, that you will be successful. As the Attorney said, it might be one day that your services are required here and, as a consultant, I am sure you are going to get paid more than you do now, if indeed you are asked to come back and help. But you will be successful in whatever you do.

I want to thank you for the time and consideration you have shown not only me but all members of parliament. I thank you for your contribution not only to this chamber and to the members but to the people of South Australia who live under the rule of law, because the laws that we have in place are better because of the drafting that you have done.

Mr WILLIAMS (MacKillop) (16:15): It is with a great deal of pleasure that I rise to support this motion brought by the Deputy Premier. I also put that in the context as the longest serving member of this place on this side of the house. I have got to know a little of Richard Dennis and seen his work for a very long period now.

I have to admit, when I came in here, I had very limited understanding of legislation, law and how it all worked. Richard was one of those people who, through an incredible amount of both patience and tolerance, guided me from time to time when it was necessary. I remember, particularly in my early time in here when I would get excited about a piece of legislation and make some comment in a second reading about a proposed amendment, I would get dragged aside by Richard and he would tell me either why what I was suggesting was not possible or, if it was possible, how we would go about it. His ability to put some sense into some of the comments I was making about legislation was quite fantastic, and I really thank him for that.

I was sitting here a few moments ago and I remember my dear late departed father, who told when I was a young boy that, if you needed a lawyer to interpret a piece of law, it was bad law. I have always thought that that was fairly wise counsel from a man who, like myself, had a very limited understanding of the law, but he probably would have called himself a bush lawyer.

I remember one particular amendment concerning the speed zone outside schools, and I am not sure whether it was Richard who drafted it for me. Di Laidlaw was the minister at the time and we put forward an amendment to a bill that was going through. I notice Richard shook his head, but I will retell this story in the context of my father's words. The amendment that was given to me to move, and got through the parliament, to my mind was totally unintelligible, but it gave the right outcome. That is the sort of skill that parliamentary counsel in general hold, but Richard Dennis in particular. The Deputy Premier made some comments about the complexity of major pieces of legislation, but even quite minor legislation can be incredibly complex.

I recall one episode where Richard was invited to talk to some new parliamentarians—I think they were all from our side—shortly after one election. He went through and described how a piece of legislation was put together and how it worked. I was the shadow minister for mineral resources at the time and I was delighted that the piece of legislation that he described—pulled apart, put back together and showed us how it worked—was the Mining Act. As the shadow minister for mineral resources, I found that quite illuminating, even though I had been in the place for a considerable time at that particular juncture.

Speaking directly to you, Richard, and unlike the member for Bragg who said that you were being a little selfish, I will put it a little differently: you will be missed. I think your work in this place has been outstanding. Everybody who has worked with you and had your assistance could not fail to be thankful for that assistance. Not just your immense knowledge but, as I said, your patience and tolerance, your personality and the way you go about your business has been quite fantastic. I personally offer you my thanks for that and I join others in wishing you all the best for your future. You will be missed.

Mr GOLDSWORTHY (Kavel) (16:19): I wish to take a few minutes to offer my support for the motion that the Deputy Premier brings to the house in congratulating Mr Richard Dennis for his long and distinguished service to the parliament as parliamentary counsel. My association with Mr Dennis I think is the longest standing of any of the 69 members who currently represent the parliament, because Richard and I were schoolmates. We were in the same years at school for a couple of years, and that dates back more than 40 years. We are showing our age in relation to that, but our association dates back longer than 40 years from being schoolmates.

I remember Mr Dennis as a schoolboy, as being a very personable, very cooperative, courteous, friendly and cheerful individual. I am pleased to say that, during my dealings with him since I have been a member of this place for the last 14 years, he has certainly retained those characteristics in his adult life. Any dealings I have had with Mr Richard Dennis have been on that basis. He is very cooperative, friendly, cheerful, and we even have a chat and a coffee and so on together. I know that in my time in this place I have not necessarily carried an enormous legislative workload, but during my time as a shadow minister there were calls for me to have amendments to bills drafted, and I sincerely appreciated the cooperation that Richard and his team provided me.

The Deputy Premier and the deputy leader have highlighted Richard's very comprehensive CV, obviously revealing his talents, professionalism and skills in his role as parliamentary counsel. The Deputy Premier spoke about his capacity to understand and then be able to put in words very complex legislation. Part of that capacity he may have inherited. Quite a number of old scholars at school knew his father, who was a master at the school. His father's nickname was 'Argus' Dennis, Argus a nickname coming from Greek mythology. It meant that Mr Dennis had this enormous capacity to hold a huge amount of knowledge, and obviously that capacity, as the Deputy Premier has outlined, has been inherited by his son Richard.

It is a pleasure to speak to the motion. Thank you Mr Dennis for all your efforts while you have been in this very important position as parliamentary counsel. I want to join with my colleagues to wish you all the very best for your future endeavours, and your family as well, and, you never know, we might catch up at an old scholars dinner.

The SPEAKER (16:23): I would like to express my support for the motion. It appears that Richard Dennis has drafted his last Barton Road reopening bill, and that will now fall to others. Richard took over after Geoffrey Hackett-Jones retired. He had very big shoes to fill and filled them well indeed. Richard bore the heat and burden of the day when the Rann government had a massive legislative program. His work was of the highest standard. He assumed that burden cheerfully and it was always a pleasure to work with Mr Dennis. I wish him very well in whatever he now does.

Motion carried.