House of Assembly - Fifty-First Parliament, Second Session (51-2)
2007-11-22 Daily Xml

Contents

Question Time

LAND MANAGEMENT CORPORATION

Mr HAMILTON-SMITH (Waite—Leader of the Opposition) (14:11): Does the Premier, without reservation, fully support the actions of the Minister for Infrastructure in all matters raised in a special report to parliament yesterday by the Auditor-General concerning the Port Adelaide waterfront development?

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) (14:12): The Minister for Infrastructure is someone whom you would know is not only a distinguished and senior minister but an officer of the court. As you would know, an officer of the court has additional considerations in relation to ethical obligations and probity. There are other officers of the court here, or would-be officers of the court, including the Minister for Families and Communities, and a couple of others have legal qualifications. The key thing is that the minister sought and received legal advice at the highest level.

The Hon. P.F. Conlon: I received it; I didn't seek it.

The Hon. M.D. RANN: He didn't seek it; he received it. He received independent legal advice, which is also, I understand, supported by crown law. You might act because you do not have the same considerations of habeas corpus and other—

The Hon. K.O. Foley: Ultra vires.

The Hon. M.D. RANN: You might want to act in an ultra vires way, but at least the ministers of this government seek high-level legal advice and follow that legal advice. Can I just say this—

An honourable member interjecting:

The Hon. M.D. RANN: No, I am quite happy to be involved in a series of interlocutories with members opposite, but if the minister acted ultra vires, if the minister made a decision to ignore his high-level legal advice, you would have a leg to stand on. But the minister—an officer of the court—received advice from other officers of the court and acted ad idem with them.