Matter of Privilege

Matter of Privilege

The Hon. S.C. MULLIGHAN (Lee) (15:06): Before grievances, I rise on a matter of privilege. Mr Speaker, you have been asked a number of times to rule on matters of privilege. Each time, you have made reference to a ruling on a matter of privilege which has informed how you have ruled on each of those matters. While I do not have your ruling in front of me, it does go to whether information provided to the house by a member causes the obstruction of the business of the house.

Yesterday, I asked the Minister for Industry and Skills a question regarding the appointment to the Construction Industry Training Board of one of two ministerial appointees, Mr Nicholas Handley. The minister advised the house that Mr Handley had the appropriate experience to serve as a ministerial appointment on the board. Indeed, I questioned the Minister for Industry and Skills today about whether he stood by the comments and the advice that he provided in question time yesterday.

The quotes that I recounted in my questioning today were the Minister for Industry and Skills saying that Mr Handley 'has experience and skills in the training industry' and 'the facts are that Mr Handley is well qualified to meet the criteria for the ministerial appointment into that position'. The act that controls this, the Construction Industry Training Fund Act 1993, is quite explicit. Section 5(1)(b) stipulates the requirements and the necessary qualifications for a ministerial appointment under the act. I will quote the act:

(b) two persons nominated by the Minister, being persons who have appropriate experience in vocational education or training and who are or have been employed or engaged in the provision of such education or training;

Mr Nicholas Handley does not have this requisite experience or skill necessary—

The Hon. D.G. Pisoni: Make that allegation outside of the parliament.

The SPEAKER: Order! I will listen.

The Hon. S.C. MULLIGHAN: —in order to be a ministerial appointment. Indeed, one might forgive the Minister for Industry and Skills if, perhaps on reflecting on the answer that he had given the house yesterday, he came in perhaps to clarify the actual experience of Mr Nicholas Handley. Unfortunately, he did not. Not only did he not but he doubled down and reiterated his advice yesterday to the house that Mr Nicholas Handley has the requisite skills and experience in order to serve on the board.

I do not propose to colour in, in my own words, the skills and experience that Mr Nicholas Handley has. I will let his own curriculum vitae do that for us. He tells us that he has served on the board at AnglicareSA, he has served on the finance committee of AnglicareSA Housing Limited, but more substantively, and including up to the present day, he presumably runs Handley Accounting Services, an accounting service from the Adelaide CBD, Eastwood and Port Adelaide, that has been at the forefront of accounting, providing clients with a broad range of services.

He advises that they are experienced in accounting, financial services, business development, coaching and mentoring requirements, none of which is related to or includes the vocational training industries. There is nothing here that suggests he has actually been engaged in providing the requisite—

The SPEAKER: Do you have a point of order?

The Hon. V.A. CHAPMAN: It is, but the position is that it seems the privilege proposal is that the curriculum vitae—

The Hon. S.C. MULLIGHAN: It is not for you to comment on.

The Hon. V.A. CHAPMAN: No, no.

The SPEAKER: One moment. Is there a point of order?

Members interjecting:

The SPEAKER: Members on my left, be quiet! Is there a point of order?

The Hon. V.A. CHAPMAN: Rising on a matter of privilege requires the member to present, of course, to you his case—

The SPEAKER: What is the point of order, Deputy Premier?

The Hon. V.A. CHAPMAN: In relation to the document, if he is relying on the curriculum vitae on the basis of alleging what the experience or qualification is, then the member should tender it to you and not—

Members interjecting:

The SPEAKER: Members on my left, please. I have the point.

The Hon. V.A. CHAPMAN: —debate—

The SPEAKER: Yes.

The Hon. V.A. CHAPMAN: —whether that comprehensively deals with the matter or not.

The SPEAKER: Thank you, Deputy Premier. The Deputy Premier will be seated. I will listen to the end of the member for Lee's answer and then I will make a determination. Member for Lee.

The Hon. S.C. MULLIGHAN: Thank you, Mr Speaker. That is how he has summarised his experience at Handley Accounting Services. He also goes on, of course, to continue to let us know that he is a director and a board member of the William Wilberforce Foundation—which is admirable, given William Wilberforce was the person ostensibly responsible for ending slavery in the United Kingdom—and he was educated at the University of South Australia and has contributed to the Adelaide business hub. Mr Speaker—

The SPEAKER: Sounds like a summation coming up.

The Hon. S.C. MULLIGHAN: Correct.

Members interjecting:

The SPEAKER: The member for Lee will be heard in silence. I will make a determination.

The Hon. S.C. MULLIGHAN: It is abundantly clear that the advice that the Minister for Industry and Skills has provided to the house is wholly incongruent with the facts. When given the opportunity today in question time, he only repeated that incorrect information to the house. Mr Speaker, I will provide this information to you and I ask that you rule on this matter of privilege.

The SPEAKER: The Chair's role in these circumstances is confined to two aspects: firstly, does the matter prima facie impinge on privilege and secondly, is the matter of such importance that precedent should be given to dealing with it as soon as possible. What I will do is defer my decision. I understand the matters raised by the honourable member. I will report back to the house at the first opportunity on whether I consider the matter to be, prima facie, a matter of privilege. I ask the member for Lee to pass me all the relevant information.