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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-11-18 Daily Xml
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Ministerial Statement

MATTER OF PRIVILEGE

The Hon. K.O. FOLEY (Port Adelaide—Deputy Premier, Treasurer, Minister for Industry and Trade, Minister for Federal/State Relations) (11:59): I seek leave to make a ministerial statement.

Leave granted.

The Hon. K.O. FOLEY: The member for Bragg raised a matter of privilege in the house regarding comments I made during the examination of the Auditor-General's Report. During the examination, the member asked a question which referred to the legal proceedings between SA Water and United Water. I declined to give an answer, citing that the matter was now before the courts. The member for Bragg interjected (as she often does) and stated that I had made statements previously in the house. I responded, 'Prior to it going to court.' The member for Bragg accused me of misleading the house, to which I responded:

I am happy to defer to the legal brilliance of the member opposite and clarify that and, if I have given an inappropriate statement, it will be corrected.

Following the dinner break, the member raised her matter of privilege during which she cited a ministerial statement I had made to the house on 8 September which outlined that SA Water had filed proceedings with the Supreme Court of South Australia on 31 August. Also, she cited radio interviews I had given on the matter on 1 and 2 September. In the course of my response to the member for Bragg during the examination of the Auditor-General's Report, I also stated:

My recollection of events was in fact that I gave a statement saying that we would be serving a notice on United Water but had not done so at the stage that I gave the statement. Subsequent events were the serving of notice and legal proceedings commencing. That is my recollection of the series of events and I will get that checked if I have given incorrect information.

My office is checking with crown law what information I can provide to the house in response to the member's question, and I will come back to the house with an appropriate answer in due course. However, I accept that my ministerial statement on 8 September included reference to proceedings being filed by SA Water on 31 August. As at 8 September there had been no hearings on this matter. First notice signed by United Water was on 9 September.

Since that time there have been several hearings and the matter is now clearly before the courts. Further, I am sure that all members would agree that this dispute is indeed a serious matter and a matter worthy of a ministerial statement to the parliament. If there was any confusion in my comments last night, sir, as I stated, I would seek to correct that information. I did make mention that it was my recollection of events, and I made it quite clear to the house that, if anything was incorrect, I would correct the statement. I hope that clears up the matter.

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