Disability Services

The Hon. K.J. MAHER (Leader of the Opposition) (14:52): Supplementary directly arising from the original answer: who is advising you, minister, that you can't comment on any of the circumstances of Ann Marie Smith's death if they arise from records your own department has held?

The Hon. J.M.A. LENSINK (Minister for Human Services) (14:52): Hypothetically, if I was to receive legal advice I wouldn't be able to refer to it. It has been the advice also of the—

The Hon. K.J. Maher interjecting:

The PRESIDENT: Order!

The Hon. J.M.A. LENSINK: —Department of Human Services. I have referred to the fact that we do need to be pretty circumspect about the details of this case. I think it's irresponsible, quite frankly, of the Leader of the Opposition to be asking these questions when we have a major crime investigation taking place.

Members interjecting:

The PRESIDENT: Order!

The Hon. J.M.A. LENSINK: I can assure honourable members that if there were any files within my ministerial office they have been hypothetically provided to any investigation that is taking place.

Members interjecting:

The PRESIDENT: Order!

The Hon. J.M.A. LENSINK: The implication the honourable member is making is that I haven't asked questions about this. I certainly have. They form part of the police investigation—

The Hon. E.S. Bourke interjecting:

The PRESIDENT: Order, the Hon. Ms Bourke!

The Hon. J.M.A. LENSINK: —and we will be fully cooperating with the commonwealth in terms of their own independent investigation.