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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2008-07-24 Daily Xml
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COUNTRY HOSPITAL DONATIONS

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (14:38): Will the Minister for Health now ensure that all donations for country hospital projects that are not proceeding will be refunded to the donors? The Mount Gambier Hospital has raised $293,000 of which $145,000 was from identifiable donors to construct a hydrotherapy pool, which is now not going ahead. The hospital board has been abolished and the funds are now held by the state's Commissioner of Charitable Funds. The Attorney-General has already written a letter confirming that, if donors can be identified, they are entitled to a refund.

However, the Minister for Health in his letter and statement last week is quoted as saying that the act does not allow the CCF to spend the amount donated—only earnings on those donations—and prevents the funds from being returned to donors.

The Hon. R.J. McEWEN (Mount Gambier—Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development) (14:39): Mr Speaker, I know that you and the house would appreciate an answer to this question, even if those opposite show no interest in the answer. The fact remains that the legal advice we have is that the act needs to be amended, and we are in the process of drafting those amendments to bring them to this house.

Ms Chapman interjecting:

The SPEAKER: Order! The Deputy Leader of the Opposition is warned.

The Hon. R.J. McEWEN: The advice I have from the Attorney-General is that, after having looked at the act twice we now—

Members interjecting:

The Hon. R.J. McEWEN: It is not my act. It is not a matter of anyone changing their mind.

Ms Chapman interjecting:

The SPEAKER: Order! The Deputy Leader of the Opposition is warned a second time.

The Hon. R.J. McEWEN: As we saw on Friday, from time to time people make mistakes. The other thing we saw—

Members interjecting:

The SPEAKER: Order!

The Hon. R.J. McEWEN: The fundamental thing we saw on Friday is that the law is the law until the law is changed. In this case the law is the law—

Ms Chapman interjecting:

The SPEAKER: Order! The Deputy Leader of the Opposition is on very thin ice.

The Hon. R.J. McEWEN: What I am trying to explain to the house is that, as a result of the advice we have, the parliament needs to amend the charitable trusts act—I think that is the correct name of the act—before those moneys can be dispersed to the donors. We are in the process of drafting that legislation. The legislation will come to the house and once that is done—

Mr Pengilly interjecting:

The SPEAKER: Order! The member for Finniss is warned.

The Hon. R.J. McEWEN: I do not think it matters who answered. The important thing is that—

Members interjecting:

The Hon. R.J. McEWEN: I will persist because it is important that the facts are in the house.

Ms Chapman: Bring in the bill!

The Hon. R.J. McEWEN: I am looking forward to having the Attorney-General bring the bill to the house in the spring session. I am looking forward—

Mr Pengilly interjecting:

The SPEAKER: Order! The minister—

Ms Chapman interjecting:

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