Chemotherapy Treatment Error

Mr MARSHALL (Dunstan—Leader of the Opposition) (14:51): My question is to the Premier. Can the Premier explain why Mr McRae was required to sign a confidentiality gagging agreement in respect of his compensation claim and, given the Premier's comments, will the Premier confirm that future compensation agreements will not require this same condition?

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (14:51): I think it's standard practice for the settlement of any litigation with the government, as much as to protect the claimant as it is to protect the—

Members interjecting:

The Hon. J.W. WEATHERILL: The first thing is it's a standard thing that's usually exchanged. If I recall correctly, the member's own political party has been involved in litigation recently where there have been similar things requested and exchanged—

Mr Marshall: But you have said that there is no gag on this.

The Hon. J.W. WEATHERILL: —so this is—

Mr Marshall: So, now you are saying it's standard practice. Which is it?

The Hon. J.W. WEATHERILL: It is standard practice to ask and, if the relevant party on the other side doesn't want to agree to it, then it wouldn't become an agreed term of settlement. It's a negotiation and, generally speaking, the claimant—

Mr Pisoni interjecting:

The SPEAKER: The member for Unley will not converse aloud.

The Hon. J.W. WEATHERILL: —the claimant, as well as the defendant, is as interested in maintaining the confidentiality of the agreement as anyone—

Mr Marshall: So, the minister says there is no confidentiality, but you are saying it's standard to—

The Hon. J.W. WEATHERILL: Well, it is standard to ask for it and, in each case, if there is a clause, it is because both parties have agreed to it.

Members interjecting:

The SPEAKER: I call to order the member for Morphett and the Minister for Health, and I warn the member for Mitchell. Member for Giles.