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House of Assembly - Fifty-Third Parliament, First Session (53-1)
2014-10-14 Daily Xml
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Matter of Privilege

Indigenous Communities Funding

The SPEAKER (14:05): I refer to the matter of privilege raised by the member for Morphett. The member for Morphett alleges that the Premier has misled the house as—

Dr McFetridge: He has.

The SPEAKER: I'm sorry, the member for Morphett?

Dr McFetridge interjecting:

The SPEAKER: I am sure the member for Morphett said the Premier has misled the house.

Mr Pisoni: He has alleged.

The SPEAKER: I call upon the member for Morphett to withdraw and apologise forthwith.

Dr McFETRIDGE: I withdraw and apologise, sir.

The SPEAKER: Which gives the lie to the member for Unley's reinterpretation of what the member for Morphett said. The member for Morphett alleges that the Premier has misled the house as his answer might have been modified by reference to the content of correspondence between the then minister for Aboriginal affairs, now the Premier, and the then federal minister for families, community services and Indigenous affairs, the Hon. Mal Brough.

The nature of the member for Morphett's allegation is that the Premier has knowingly and deliberately misled the house. There are three elements in establishing the contempt of misleading parliament. They are that the statement complained of must have been misleading, it must be established that the member knew at the time that it was misleading, and that it was the member's deliberate intention to mislead the house.

The member for Morphett has provided me with copies of correspondence between the then minister for Aboriginal affairs, now the Premier, and the federal minister for families, community service and Indigenous affairs, the Hon. Mal Brough. The member for Morphett refers to this to support his allegation. Referring to a letter from the federal minister dated 20 July 2007 to the then member for Giles, the member for Morphett says, and I quote:

Minister Mal Brough points out that the now Premier (then Minister for Aboriginal Affairs) did previously agree to taking on the municipal services funding.

The member for Morphett makes further reference to correspondence dated 27 June 2006 and 8 August 2007 from the Premier, as the former minister for Aboriginal affairs, to the then federal minister for Aboriginal affairs that, quote:

…contain information regarding the arrangements to be put in place before South Australia would accept the responsibility for municipal funding in remote Indigenous housing.

Finally, in correspondence dated 28 August 2007 from the now Premier, the member for Morphett states that, quote:

…it clearly says that there is an agreement for the transfer of municipal services being worked on.

On close examination of those references, it is clear that any acceptance of responsibility for municipal service delivery is conditional on the South Australian government's agreeing to a transition plan, and any transfer of responsibility will not occur until these matters are resolved. I make the observation that there is no inconsistency between the Premier's answer and the content of the correspondence. There is no agreement in place and there is nothing to suggest that the Premier's answer is misleading or the Premier deliberately intended to mislead the house.

In this case there has been no misleading of the house. In reaching this decision, I have no doubt that it does not fall to me to make a judgement either way because, in my view, the conduct complained of cannot 'genuinely be regarded as tending to impede or obstruct the house in the discharge of its duties', which is the test described by McGee in Parliamentary Practice in New Zealand.

In my opinion, this is not a matter of privilege for the reasons I stated. In the Chair's view, the matter could not 'genuinely be regarded as tending to impede or obstruct the house in the discharge of its duties', so I also decline to give the matter precedence that would allow the member for Morphett to pursue the matter forthwith. My opinion, however, does not prevent any member from pursuing the matter by way of substantive motion, so I now invite the member for Morphett to move a notice of motion that the Premier is in breach of privilege, to be put on the Notice Paper for private members' business on any Thursday sitting.

Dr McFETRIDGE: Mr Speaker, I will not be moving that as such. I am happy to present further evidence to you, if you seek further evidence, to reconsider your decision, however.

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