House of Assembly: Tuesday, April 30, 2019

Contents

Murray-Darling Basin Royal Commission

Dr CLOSE (Port Adelaide—Deputy Leader of the Opposition) (14:53): My question is again to the Minister for Environment and Water. Did the minister raise any concerns with the Attorney-General that commonwealth officials would not appear before the royal commission to answer questions regarding water purchases, including the Condamine-Balonne water purchase, if an extension in time was not granted?

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General) (14:53): I have answered a number of questions relating to the application—

The Hon. S.C. Mullighan: You've addressed them, not answered them.

The SPEAKER: The member for Lee is warned for a second and final time.

The Hon. V.A. CHAPMAN: —by the royal commissioner to deal with the production of both documents and witnesses from commonwealth agencies. What happened, as I have explained in detail to the parliament, when the deputy leader introduced her ill-fated bill to try to remedy what she claimed was necessary, as the royal commissioner himself pointed out—clearly, if she has a look at the report (I am happy to find the page number) of the rather embarrassing finding by the—

Members interjecting:

The SPEAKER: Order!

The Hon. V.A. CHAPMAN: I think the deputy leader and/or her colleagues were described by the royal commissioner as a 'bush lawyer', actually, in her attempt to—

Dr Close interjecting:

The SPEAKER: The deputy leader is warned.

The Hon. V.A. CHAPMAN: —achieve what she perceived as the necessary remedy to the deficiency of the subpoena material. In effect, as is now known and was well known to the member, notwithstanding her ill-fated attempt to try to deal with the matter legislatively, in the royal commissioner's view—

Mr Malinauskas interjecting:

The SPEAKER: Order, leader!

The Hon. V.A. CHAPMAN: —as the royal commissioner himself pointed out—

The SPEAKER: Deputy Premier, please do not provoke the opposition.

The Hon. V.A. CHAPMAN: —it was not either necessary or appropriate, but as he did report, ultimately the commonwealth did provide support. That resulted in his decision to—

Members interjecting:

The SPEAKER: Order!

The Hon. V.A. CHAPMAN: —proceed with a withdrawal of the opposition to deal with a much bigger legal issue in the High Court, which I hope one day will be resolved, and that is the question of—

Dr Close interjecting:

The SPEAKER: The deputy leader is warned for a second and final time.

The Hon. V.A. CHAPMAN: —what is the status on intergovernmental agreements; importantly for South Australia, we as a state are a party to many. What is the status for the purposes of enforcement and which of the parties, including South Australia, are able to enforce the terms of those agreements? They are major issues which ultimately will need to be resolved, probably by the High Court, but in the meantime—

Mr Malinauskas interjecting:

The SPEAKER: The leader is warned.

The Hon. V.A. CHAPMAN: —the royal commissioner made it very clear in his final report that the process in relation to trying to rewrite the Royal Commissions Act was ill-fated and ill-advised.