Matter of Privilege

Australian Craniofacial Unit

Mr KOUTSANTONIS (West Torrens) (16:44): Sir, I rise on a matter of privilege.

The DEPUTY SPEAKER: A matter of privilege. Member for West Torrens, you have the call.

Mr KOUTSANTONIS: Thank you, sir. Today, the Minister for Energy informed the house in response to a question from the member for Kaurna that the parliament, including the opposition, had been informed that the Minister for Health had commissioned an independent review into the Craniofacial Unit. The member for Kaurna asked:

My question is to the Premier. Why did the Premier give Professor David David assurances that these issues at the Craniofacial Unit would be addressed, including the removal of an oral surgeon, and in two weeks no action has been taken?

The Minister for Energy responded:

This house will remember that the Premier answered several questions about the Australian craniofacial foundation…two or three weeks ago in the parliament.

He went through the entire…list of issues. He answered every single question, but one of the most important things that clearly the opposition has forgotten is that we were going to undertake an independent review. I don't know why the opposition would pretend that that didn't happen as if it's completely irrelevant. The government has undertaken…an independent review into the Australian craniofacial foundation. Dr David David, an esteemed Australian and South Australian, is well aware of it. He has had every opportunity to contribute to that review…as have the people who still work at the Australian craniofacial foundation.

I can find no record in Hansard, the government's media releases or the government's public statements regarding the commissioning of an independent review into the Craniofacial Unit as described by the Minister for Energy today. Secondly, the minister informed the parliament in the same response that Professor David David was well aware of the government's independent review and had had every opportunity to contribute to that review. In response to further questioning, the Minister for Energy reiterated to the house that he believed Professor David David had had the opportunity to contribute to that review. The question from the member for Kaurna:

My question is again to the minister representing the Minister for Health.

That is, the Minister for Energy.

Does the minister stand by his remarks earlier today that David David, South Australian of the Year, had every opportunity to contribute to the independent review into the Craniofacial Unit?

The Minister for Energy responded:

Interestingly, in the spirit of openness and transparency and trying to share as openly and responsibly with this parliament as possible, when I was asked that question last time I said, 'Look, I don't know, but I'm sure he had the opportunity. I don't know if he did…what we are and are not allowed to say. Let's get back to the answer to the question.

Previously, I said that Dr David David had every opportunity to contribute to the independent review and that I didn't know whether he had actually done that or whether he had spoken to the health minister. But, as I was saying, in the spirit of transparency…I have sought and received some information since then. Here we have an example where, for once, it's beneficial to the shadow minister to ask the same question over and over again. So on this occasion I can tell the shadow minister and the parliament that the Minister for Health met with Dr David David on 9 July face to face and they have spoken on the phone since. So, to the substance of the question…

I could be wrong—

right—

but I assume they weren't talking about the footy tips, I assume they weren't talking about their favourite country bakery and I assume they weren't talking about Dr Harry the diver, the famous, fantastic South Australian.

He goes on to say:

I assume that if Dr David David, the champion of the Australian craniofacial foundation, and the Hon. Stephen Wade in the other place, the Minister for Health, spoke to each other face to face and on the phone during the time that this independent review into the Australian craniofacial foundation was being undertaken, they would have been talking about that. I don't know that for sure, but I think [it is].

The Minister for Energy went on to say—

The Hon. V.A. CHAPMAN: Point of order: the purpose of seeking a privilege is on the basis that certain information is provided to the parliament, allegedly, and it is inconsistent with something else. To have a complete transcription of the entire question time is not the basis upon which a privilege is presented.

Those inconsistencies need to be identified and highlighted, and then of course it is for you, sir, to give consideration to whether there was inconsistency. Indeed, it was material, etc. so of course you understand the obligations there, but this is not a time to repeat all of question time. Let's just hear what has been alleged, and then what alleged inconsistency there is, upon which you, sir, may give consideration to a privileges hearing.

The DEPUTY SPEAKER: Thank you, Attorney. I ask the member for West Torrens to continue with his contribution.

Mr KOUTSANTONIS: Thank you, sir. The Minister for Energy said:

…it wasn't footy tips, it wasn't bakeries: it was the Australian craniofacial foundation that they would have been talking about.

The opposition has been advised that the independent review was commissioned after that conversation. The member for Kaurna then asked a further question to the Minister for Energy in his capacity representing the Minister for Health.

Supplementary to the minister again: why has Professor David David told the opposition in the last 20 minutes that he was not aware of an independent review and had no opportunity to contribute to such an independent review?

The Minister for Energy answers:

The straightforward reality is I don't know why Dr David David told the opposition something in his situation, but what I said is that he has had every opportunity to contribute to the review…

He would have had every opportunity to contribute to the review, and now I have also shared with the house the fact that he has spoken and met with the Minister for Health. For the shadow minister, I don't know why he would have said what he said to you. But do you know what? Do you know what you could do? Instead of coming to parliament to ask that question, why don't you ask him? Why don't you ask him…

And he goes on to talk about the source. In his final question, the member for Kaurna asked the Minister for Energy in his capacity representing the Minister for Health:

My question is again to the minister representing the Minister for Health. Why did the minister tell the house today that David David was well aware of the review, and on what basis did he give that advice to the house?

The response from the Minister for Energy, representing the Minister for Health was, and I quote:

I gave that advice to the house because I believe it to be true. I find it extraordinary to think that Dr David David—an extraordinarily highly respected South Australian and Australian—would not have been aware of the fact that the Australian craniofacial foundation had changes proposed to it, from those inside it and those outside it, and that people in government and in other places would not be considering the best way to change, or keep the same…

I find it amazing that a man so well connected, so well educated and so integrally part of the fabric of the Australian craniofacial foundation would not have known about that review. That's why I made the comment I made.

The Minister for Energy's statements to the house are inconsistent with the public statements of Professor David David. Only one can be accurate. To the best of my knowledge, there is no public record of the government announcing an independent review into the Craniofacial Unit to the House of Assembly. Professor David David is currently the South Australian of the Year. His reputation and his honesty are without equal. Professor David said he had no recollection of being informed of an independent inquiry being commissioned by the government and had at no time been given an opportunity to contribute to that review or to inform it.

Professor David has contacted the opposition, in particular, the shadow minister for health (member for Kaurna) and informed him that at no stage had the government informed him or offered him an opportunity to contribute to an informed independent review of the Craniofacial Unit. I believe the minister has deliberately and intentionally misled the House of Assembly on two occasions, and impugned the reputation of a great South Australian of impeccable qualifications and reputation, and that a prima facie case exists for the establishment of a privileges committee. I ask that you give consideration of my matter of privilege and rule if a motion to establish a privileges committee should be given precedence over other business in the House of Assembly.

The DEPUTY SPEAKER: Member for West Torrens, if you have any further information you would like to provide to the Chair—

The Hon. V.A. Chapman interjecting:

The DEPUTY SPEAKER: —order!—I ask you to do that. Given that it is a matter for privilege, I will ask the Speaker to consider this. In due course, he will come back to the house and give his determination on whether there is a prima facie case to proceed on this or not. The Speaker will determine that. Now, we are back to debate. Member for Frome.