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<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>Legislative Council</name>
  <date date="2013-06-04" />
  <sessionName>Fifty-Second Parliament, Second Session (52-2)</sessionName>
  <parliamentNum>52</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="4025" />
  <endPage num="4084" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Question Time</name>
    <subject>
      <name>Legal Practitioners' Disciplinary Tribunal</name>
      <text id="20130604f55b0a176444401d90000204">
        <heading>LEGAL PRACTITIONERS' DISCIPLINARY TRIBUNAL</heading>
      </text>
      <talker role="member" id="3128" kind="question">
        <name>The Hon. A. BRESSINGTON</name>
        <house>Legislative Council</house>
        <questions>
          <question date="2013-06-04">
            <name>LEGAL PRACTITIONERS' DISCIPLINARY TRIBUNAL</name>
          </question>
        </questions>
        <startTime time="2013-06-04T14:59:00" />
        <text id="20130604f55b0a176444401d90000205">
          <timeStamp time="2013-06-04T14:59:00" />
          <by role="member" id="3128">The Hon. A. BRESSINGTON (14:59): </by> I seek leave to make a brief explanation before asking the minister representing the Attorney-General a question about the Legal Practitioners' Disciplinary Tribunal.</text>
        <text id="20130604f55b0a176444401d90000206">Leave granted.</text>
      </talker>
      <talker role="member" id="3128" kind="question" continued="true">
        <name>The Hon. A. BRESSINGTON</name>
        <house>Legislative Council</house>
        <text id="20130604f55b0a176444401d90000207">
          <by role="member" id="3128">The Hon. A. BRESSINGTON: </by> Alex Mericka has filed a claim against Premier Jay Weatherill in the Legal Practitioners' Disciplinary Tribunal, alleging that during the handling of his legal matter by the firm Lieschke &amp; Weatherill, the now Premier brokered a deal with WorkCover which significantly affected his payout and amounted to unprofessional conduct. Mr Mericka became aware of the further information relating to Premier Weatherill's actions during the hearing of the matter before Judge Olsson at the WorkCover tribunal in 2011 and subsequently launched his action with the legal practitioners' conduct tribunal.</text>
        <text id="20130604f55b0a176444401d90000208">Under ordinary circumstances charges must be laid within five years, unless the Attorney-General approves an extension of time to bring proceedings. There is a strong argument that the limitation period should be calculated from the time that Mr Mericka became aware of the conduct, which was in 2011. Mr Mericka has written to the Attorney-General to request permission to proceed in this most important matter, but is a little sceptical given that he believes that Mr Rau and Mr Weatherill are close friends and that this will be a conflict of interest for Mr Rau to decide.</text>
        <text id="20130604f55b0a176444401d90000209">Articles about Mr Mericka have recently featured in <term>The Australian</term> and <term>The Advertiser</term> newspapers, noting the inherent conflict of interest the Attorney-General now has in deciding this matter. If the Attorney-General was to act with due diligence, I am certain that he would allow Mr Mericka to proceed with this matter; however, given his close proximity to Premier Weatherill, serious questions have been raised as to his ability and/or willingness to make this decision. My questions to the Attorney-General are:</text>
        <text id="20130604f55b0a176444401d90000210">1.&amp;#x9;What steps have been or will be taken to ensure that the decision to allow Mr Mericka to proceed or not will be made impartially and as soon as possible without any interference?</text>
        <text id="20130604f55b0a176444401d90000211">2.&amp;#x9;Will the Attorney-General undertake to assent to this matter proceeding before the tribunal or is Jay Weatherill a protected species?</text>
        <text id="20130604f55b0a176444401d90000212">3.&amp;#x9;If the Attorney-General decides against Mr Mericka, will he make known his reasons to the house?</text>
      </talker>
      <talker role="member" id="1821" kind="answer">
        <name>The Hon. G.E. GAGO</name>
        <house>Legislative Council</house>
        <electorate id="">Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations</electorate>
        <startTime time="2013-06-04T15:01:00" />
        <page num="4037" />
        <text id="20130604f55b0a176444401d90000213">
          <timeStamp time="2013-06-04T15:01:00" />
          <by role="member" id="1821">The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (15:01):</by>  I thank the honourable member for her important questions and will refer them to the Attorney-General in another place and bring back a response.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>