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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="2017-05-17" />
  <sessionName>Fifty-Third Parliament, Second Session (53-2)</sessionName>
  <parliamentNum>53</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="6695" />
  <endPage num="6743" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding continued="true">
    <name>Question Time</name>
    <subject>
      <name>Crown Solicitor's Office</name>
      <text id="2017051720761bb79fcf4e10b0000186">
        <heading>Crown Solicitor's Office</heading>
      </text>
      <talker role="member" id="3130" kind="question">
        <name>The Hon. M.C. PARNELL</name>
        <house>Legislative Council</house>
        <questions>
          <question date="2017-05-17">
            <name>Crown Solicitor's Office</name>
          </question>
        </questions>
        <startTime time="2017-05-17T15:11:39" />
        <text id="2017051720761bb79fcf4e10b0000187">
          <timeStamp time="2017-05-17T15:11:39" />
          <by role="member" id="3130">The Hon. M.C. PARNELL (15:11):</by>  I seek leave to make a brief explanation before asking questions of the Minister for Police, Correctional Services, Emergency Services and Road Safety, in all his ministerial capacities, in relation to outsourcing of legal work to private lawyers.</text>
        <text id="2017051720761bb79fcf4e10b0000188">Leave granted.</text>
      </talker>
      <talker role="member" id="3130" kind="question" continued="true">
        <name>The Hon. M.C. PARNELL</name>
        <house>Legislative Council</house>
        <text id="2017051720761bb79fcf4e10b0000189">
          <by role="member" id="3130">The Hon. M.C. PARNELL:</by>  Members may have seen the article in InDaily today that reveals that prosecution over the 2014 death of new Royal Adelaide Hospital construction worker Jorge Castillo-Riffo was handed to private lawyers because the Crown Solicitor's Office could not put the case together quickly enough. The article suggests that outsourcing of government legal work to private practitioners rather than using the services of the Crown Solicitor's Office is widespread amongst different government departments.</text>
        <text id="2017051720761bb79fcf4e10b0000190">As well as the abandoned SafeWork prosecution I referred to, other examples are offered, including the investigation of employees at the disgraced Oakden older persons mental health facility, which was also outsourced. There are strict controls on the ability of ministers or departments to obtain legal services from outside the Crown Solicitor's Office. These controls include obtaining the advice and certification of the Crown Solicitor that outsourcing is appropriate. My questions of the minister (I accept he will need to take some of them on notice) are:</text>
        <text id="2017051720761bb79fcf4e10b0000191">1.&amp;#x9;Has the minister, or any of his departments, outsourced any legal work to private lawyers rather than using the Crown Solicitor's Office in the last 12 months?</text>
        <text id="2017051720761bb79fcf4e10b0000192">2.&amp;#x9;If so, what types of cases are these and why could they not be done by the Crown Solicitor's Office?</text>
        <text id="2017051720761bb79fcf4e10b0000193">3.&amp;#x9;Is the minister satisfied with the service that he and his departments receive from the 185 lawyers and 60 support staff employed in the Crown Solicitor's Office?</text>
      </talker>
      <talker role="member" id="5084" kind="answer">
        <name>The Hon. P. MALINAUSKAS</name>
        <house>Legislative Council</house>
        <electorate id="">Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety</electorate>
        <startTime time="2017-05-17T15:13:32" />
        <text id="2017051720761bb79fcf4e10b0000194">
          <timeStamp time="2017-05-17T15:13:32" />
          <by role="member" id="5084">The Hon. P. MALINAUSKAS (Minister for Police, Minister for Correctional Services, Minister for Emergency Services, Minister for Road Safety) (15:13):</by>  Maybe I will start with the last part of the honourable member's question. Yes, of course, and I suspect that other ministers are in a similar position of wanting to ensure that we reasonably uphold our duties and responsibilities as ministers of the Crown by regularly seeking advice from the Crown Solicitor's Office. Certainly, that has occurred in the time that I have been minister, and I have been nothing but completely satisfied and indeed very grateful for the hard work that the Crown Solicitor's Office does, sometimes under pressing time lines. I am very grateful for the work they have done for my office and for me up until this point.</text>
        <page num="6709" />
        <text id="2017051720761bb79fcf4e10b0000195">Regarding policies that exist in and around times when it is appropriate for other sources of legal providers to be doing work for the state, that is a question that pertains to the responsibilities of the Attorney-General. I am more than happy to take those questions on notice and seek an appropriate response from him in due course.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>