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House of Assembly - Fifty-Third Parliament, First Session (53-1)
2014-10-14 Daily Xml
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Independent Commissioner Against Corruption Act

Dr McFETRIDGE (Morphett) (11:04): Thank you, Mr Speaker; there is a second matter. I am seeking your clarification on the interaction between the South Australian Independent Commission Against Corruption and the privileges of this place. At a recent Aboriginal Lands Parliamentary Standing Committee meeting the committee sought evidence from a witness who asked that his evidence be given in camera and on record. During this evidence there were serious allegations made by this witness regarding the conduct of a particular Aboriginal organisation and individuals, some including public servants.

At the end of the evidence, I asked the witness, because of the serious nature of his allegations, whether he had considered or indeed had approached the ICAC to give them the information that may require their investigation. The witness stated that it was his clear understanding that, under the ICAC legislation, he could not answer the questions and he declined to answer. Mr Speaker, if a parliamentary committee is not able to receive evidence, particularly in-camera evidence from a witness because of the ICAC, I would see this as an interference in the conduct of the parliament.

You are no doubt aware that during the debate and negotiations on the ICAC bill it was very clearly settled that the bill would in no way diminish or interfere with the rights or privileges of the parliament. I refer you in particular to subsection (6) of the bill where it points out that parliamentary privilege is unaffected. I am seeking your ruling on this matter as I am very concerned that the clash between the need to conduct thorough inquiries through parliamentary committees and ongoing investigations or potential investigations by the ICAC should be clarified so that the privilege of the parliament is preserved.

The SPEAKER: As I understand it, there was a witness before a parliamentary committee, he or she made allegations, the committee then thought to question the witness about the allegations and the witness said, 'I can't answer your questions because I have given it to ICAC.'

Dr McFETRIDGE: The witness declined to even give evidence to admit whether they had actually approached the ICAC on the issue; that was the concern.

The SPEAKER: I see. Alright, I will take advice on that.

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