House of Assembly: Thursday, November 15, 2018

Contents

Attorney-General

The Hon. A. KOUTSANTONIS (West Torrens) (14:21): Thank you, sir. My question is to the Attorney-General. Is the Attorney-General aware that former Federal Court judge Ray Finkelstein has now given two pieces of legal opinion: one stating that the ICAC commissioner cannot retrospectively disclose information—

The SPEAKER: Are you seeking the leave of the house to insert these facts?

The Hon. A. KOUTSANTONIS: I seek leave, sir.

The SPEAKER: Is leave granted? Leave is granted. The member for West Torrens.

The Hon. A. KOUTSANTONIS: Given he has given two pieces of legal opinion—that the ICAC commissioner cannot retrospectively authorise a disclosure of information and that the Attorney-General has contravened section 56A of the ICAC Act—on what basis is she remaining Attorney-General?

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General) (14:22): I don't know yet. I haven't read the details of what the opinion or assessment or commentary on our law says, or whether the first one wasn't good enough and they had to get a second one, or what the deal was. I don't know yet, but I understand that it is out in the public arena and I am happy to have a good look at that in due course. Yes, I am aware that there had been a previous report that had been asserted. Again, I don't know whether it is a commentary or what it is, so I can't comment on a hypothetical in that regard.

Ms Stinson: You should read it, then.

The SPEAKER: The member for Badcoe is called to order.

The Hon. V.A. CHAPMAN: I have made the statement before. I have had legal advice. It is from the Crown law office, as has been known to the parliament, and I am completely satisfied that on—

Mr Picton: You judge yourself.

The SPEAKER: The member for Kaurna is warned.

The Hon. V.A. CHAPMAN: Notwithstanding that, there is an assertion, anonymous nevertheless, a claim that there is a preliminary assessment being undertaken at the moment and , as I say, whether it is based on the presentation of material from the ALP or anything else, it is reasonable in my view that SAPOL would look at those matters and dismiss them or otherwise. But in that regard I can't make a comment on the reliability or usefulness or whether it would be of any consequence, the statements on a hypothetical.

Members interjecting:

The SPEAKER: The member for Playford is warned, and the member for Mawson is also warned. The member for West Torrens.