House of Assembly: Thursday, February 28, 2019

Contents

Attorney-General

Mr MALINAUSKAS (Croydon—Leader of the Opposition) (14:56): My question is to the Premier. When did the Premier first learn that the Attorney-General of the state, the first law officer of the land, was first referred to the DPP following the police investigation?

The Hon. J.A.W. GARDNER: Point of order.

The SPEAKER: When did the Premier learn—what is the point of order? Is the Premier taking the question?

The Hon. J.A.W. GARDNER: Point of order: standing order 97 sets out how questions are to be asked, and without the leave of the chamber, which was not sought nor given, the Leader of the Opposition asked a question in a way that is not—

The SPEAKER: What part? I have the point of order. I am trying to adjudicate. Is the point of order that there was argument or opinion or some commentary?

The Hon. J.A.W. GARDNER: There were matters claimed to be factual, though I am not sure they are facts, and you cannot introduce arguments without leave of the house.

Members interjecting:

The SPEAKER: Order! I have the point of order. I see where this is going. I am going to allow the Premier an opportunity to answer, or the Deputy Premier, whoever wants to take it.

Members interjecting:

The SPEAKER: Order, members on my left! I have allowed the question. I could have taken it away and moved to my right. Premier.

The Hon. S.S. MARSHALL (Dunstan—Premier) (14:57): I think the point that the opposition is failing to come to an understanding on is the difference between—

Members interjecting:

The SPEAKER: The Premier has the call.

The Hon. S.S. MARSHALL: —a pending prosecution and a matter being referred to the DPP for further assessment. These are very different concepts. There is no suggestion—

Members interjecting:

The SPEAKER: Order! The Premier has the call. The clock is ticking, members on my left.

Members interjecting:

The SPEAKER: Order! The Premier has the call.

The Hon. S.S. MARSHALL: There is no suggestion that there is a pending prosecution. I think those opposite need to be very careful what they are asserting. I know that they love to come in here in cowards castle to cast aspersions on the government of the day. It's completely inaccurate and erroneous to suggest that there is a pending prosecution.

The SPEAKER: The member for Heysen. I will come back to members on my left.