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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-05-03 Daily Xml
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TRANSADELAIDE, DISCIPLINARY PROCEDURES

The Hon. I.F. EVANS (Davenport) (15:41): My question is to the Minister for Transport. What disciplinary action has been taken against passenger service assistant Brian Haynes and is he still a passenger service assistant? Passenger service attendant Brian Haynes was found jointly negligent by the court when he forcibly ejected a passenger from a train after a ticket dispute. The passenger's leg was cut off by the train when he fell trying to reboard the train. The court found Mr Haynes and TransAdelaide guilty of negligence. The incident occurred in 2001. The damages claim was heard in 2004. The judgement was handed down on Christmas Eve 2010. The damages claim was $84,000.

The Hon. P.F. CONLON (Elder—Minister for Transport, Minister for Infrastructure, Minister for Industrial Relations, Minister for State/Local Government Relations) (15:41): All such matters associated with disciplinary proceedings against officials are way beyond the purview of the minister; they are within the bounds of the chief executive. In fact, it would be improper for me to have a role. I will get a report from the chief executive, but I would point out before we go too far that I am sure one or two of the lawyers on that side knows that negligence is a civil wrong and not a criminal one. Therefore, being found guilty of negligence should not be considered to have been found guilty of doing anything other than a harm that was reasonably foreseeable. I am sure the chief executive is dealing with it in that light, and I am quite happy to get a report from the chief executive in that regard.

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