Legislative Council Fifty-First Parliament, Second Session (51-2) 51 2 Parliament of South Australia Legislative Council published Question Time Question Time Xenophon, Hon. N. XENOPHON, HON. N. The Hon. D.W. RIDGWAY Legislative Council Leader of the Opposition XENOPHON, HON. N. The Hon. D.W. RIDGWAY (Leader of the Opposition) (14:19): I seek leave to make a brief explanation before asking the Leader of the Government in this chamber a question about the replacement of the Hon. Nick Xenophon. Leave granted. The Hon. D.W. RIDGWAY Legislative Council The Hon. D.W. RIDGWAY: As honourable members would be aware, two days ago, on Monday, the Hon. Nick Xenophon formally resigned from his position in this chamber. I thought that possibly the format used yesterday might have been that he formally informed the chamber of his resignation, but maybe that is not a formal procedure; perhaps that is just my understanding of it. However, at the last election some 190,000 South Australians voted for the Hon. Nick Xenophon and, as a result, he was elected, together with Ann Bressington, and Mr John Darley was No. 3 on Mr Xenophon's ticket. It is the usual practice in this place that, if the person is a member of a party, the party nominates a replacement. I recall that, when the Hon. Diana Laidlaw retired, she announced her retirement, I think, late in the calendar year 2002, or maybe early in 2003, in February, but some months before her retirement, to allow the Liberal Party time to have a preselection when, of course, my colleague the Hon. Michelle Lensink was preselected and subsequently sworn in. What we did not have was the seat left vacant for a number of weeks. We had an indication from the retiring member, and the party went about its process and had a replacement in place. We have had an indication from the Hon. Nick Xenophon and, of course, Mr John Darley that Mr Darley is prepared to accept that position, given that he was on the ticket and part of Nick Xenophon's group. So, we have a situation where, potentially, 190,000 South Australians will not have their voice heard in this parliament. Members interjecting: The President Legislative Council The PRESIDENT: Order! The Hon. Mr Xenophon will hear you all if you do not be quiet. The Hon. D.W. RIDGWAY Legislative Council The Hon. D.W. RIDGWAY: Thank you for your protection, Mr President. So, 190,000 South Australians potentially are looking at a number of weeks without having a representative here in this place. We have a number of important pieces of government legislation which I am sure the government would like to pass before the end of the year, and I am sure there are pieces of private members' legislation for which it will be important to have a replacement for the Hon. Nick Xenophon as soon as possible. Also, of course, there are the roles that the Hon. Nick Xenophon played on the Statutory Authorities Review Committee and a number of select committees. So, my question to the Leader of the Government in this place is: when will the government publicly endorse Mr Xenophon's request, and Mr Darley's indication that he is prepared to take that position? I will add that the Liberal Party last week, I think it was, indicated that it would be happy to support Mr Darley. So, when will the government endorse that, and when are we likely to see Mr Darley sworn in and take his place in this chamber? The Hon. P. HOLLOWAY Legislative Council Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning) (14:23): There are certain constitutional procedures in this place. I came into this place through a casual vacancy, and I think it was at least a month— The Hon. T.J. Stephens Legislative Council The Hon. T.J. Stephens: And look what a wonderful process it was! The Hon. P. HOLLOWAY Legislative Council The Hon. P. HOLLOWAY: It was a very good process, actually—an excellent process. The Hon. T.J. Stephens Legislative Council The Hon. T.J. Stephens: Look at the quality of person we have! The Hon. P. HOLLOWAY Legislative Council The Hon. P. HOLLOWAY: Exactly! But the point I make, seriously, is that it did take some time for that to happen. I think Nick Xenophon resigned only the day before yesterday. It is scarcely the government's fault, and I do not see how the government can be held— An honourable member interjecting: The Hon. P. HOLLOWAY Legislative Council The Hon. P. HOLLOWAY: Whether he announced it or not, the fact is that there are certain— An honourable member interjecting: The Hon. P. HOLLOWAY Legislative Council The Hon. P. HOLLOWAY: Do you want an answer to the question or not? There are certain procedures we have to go through. As the Leader of the Opposition correctly said, in relation to the choice of people from a political party there are certain procedures which need to be gone through. I am not personally handling this—I imagine it would be done through the Premier's office—but, quite properly, Crown law advice will be sought to ensure that whatever procedure we come up with in fact meets the constitutional requirements. I am sure no-one would want a joint sitting to make an appointment that was subsequently challenged by someone else because the procedures were not adhered to. We will not unnecessarily delay the procedure. It is scarcely the government's fault that the voters are not represented in parliament here today. I do not see that anyone could hold the government responsible for that. We will ensure that whatever procedure we go through is constitutionally correct, and we certainly will not be seeking to delay it. My experience in the past is that these vacancies normally take a month or so to fill. I can say something about the Liberal Party's great concern for the Hon. Nick Xenophon. Certainly, concern was not apparent during his period in this parliament, nor does it appear to be shared by the Leader of the Government in the Senate, Senator Minchin, who has urged people to not vote for Nick Xenophon. I think the Hon. Sandra Kanck has also been writing to people urging them not to support Nick Xenophon. Members interjecting: The Hon. P. HOLLOWAY Legislative Council The Hon. P. HOLLOWAY: We will be supporting the Australian Labor Party candidates: they are excellent candidates who deserve to be elected. In relation to any casual vacancy in this place, the government will ensure that the proper constitutional practice is adhered to. It may be, if I am correct, your responsibility, Mr President (or you have a key role), in relation to the notification of such, and I am sure we all want to ensure the constitutional— Members interjecting: The Hon. P. HOLLOWAY Legislative Council The Hon. P. HOLLOWAY: How can anybody be accused of playing politics when the Hon. Nick Xenophon resigned on Monday of this week? Here it is on Wednesday and we are being accused of trying to play politics. This is absurd. On the one hand, at least on the federal level, the Liberal Party is urging people not to vote for Nick Xenophon. On the other hand, the Liberal Party is in here expressing some concern about the votes in this place. The government will deal with the matter properly, correctly and expediently.