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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2007-10-25 Daily Xml
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Question Time

LEGISLATIVE COUNCIL VACANCY

Mr HAMILTON-SMITH (Waite—Leader of the Opposition) (14:10): My question is to the Premier. Did Premier Don Dunstan get it wrong when he said that, where there is no relevant party to fill a casual vacancy, the nominee should come from the 'grouping' of the retiring member? On 7 December 1977, when addressing an upper house casual vacancy where there was no registered political party, Premier Don Dunstan said: 'We are to give effect to the voice of the electors', that 'an endeavour to do what is right and supported by the electorate' was paramount, and that the nominee should come from the 'group or grouping'.

The Hon. M.D. RANN (Ramsay—Premier, Minister for Economic Development, Minister for Social Inclusion, Minister for the Arts, Minister for Sustainability and Climate Change) (14:11): As a former adviser to Donald Allan Dunstan AC, QC and MP and given, of course, about 25 years of involvement in the law and as a Justice of the Peace of the State of South Australia, I am very aware of the law and the constitution, which I think honourable members opposite clearly are not. It was my expectation, and it is my expectation, that John Darley will be nominated for the position to fill the casual vacancy in the upper house. However, they have to fill in the forms. That is my point. I am prepared to—

An honourable member: You missed the point yesterday.

The Hon. M.D. RANN: I have seen the honourable member in court. I saw him when he was talking about the vibe of the constitution. But it is not about the vibe of the constitution: it is about the letter of the law. What is required, and it was required in Don Dunstan's time and it is required right now, is for the relevant people, that is, Nick Xenophon, to sign the form saying that Mr Darley is the person who is their party's candidate. That is what he needs to do.

An honourable member interjecting:

The Hon. M.D. RANN: No. I thought it was absolutely bizarre when I got the letter from Sandra Kanck, and I think it is highly unlikely that any of us will be voting in the joint session for the return of Kate Reynolds to the position because of some bizarre theory in Sandra Kanck's letter that I find rather extraordinary when trying to interpret it.

I believe that we will sit, hopefully, before the federal election and be able to put in a new legislative councillor. My expectation was that it should be John Darley, but what I need to see is the forms filled in, because I am not going to sign Nick Xenophon's name for him. That is the key point. This has to be done properly. Don Dunstan insisted that it be done properly, and so will I.

Mr Hamilton-Smith interjecting:

The Hon. M.D. RANN: Yesterday we saw him talking about an ICAC. Now the Leader of the Opposition wants us to corrupt the process of appointing a new legislative councillor. We will obey the letter of the law: we will obey the letter of the constitution. And, if Mr Xenophon wants Mr Darley, he has to sign along the dotted line.

Members interjecting:

The SPEAKER: Order!

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