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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2015-09-08 Daily Xml
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Legal Profession Conduct Commissioner

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (15:17): Supplementary: why is it necessary for you, Attorney, to get advice on whether the matter is referred to the DPP if the judgement is quite clear that there has been a breach, you claim inadvertent—the Attorney-General—

The SPEAKER: The deputy leader will address her questions through the Chair.

Ms CHAPMAN: —yes—claims to be inadvertent in some manner but in which the judgement confirms the breach. Why does he need to obtain advice in relation to whether he refers it to the DPP or, indeed, takes any disciplinary action which is also canvassed in the judgement?

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (15:17): Look, I am not for a minute suggesting that the Deputy Leader of the Opposition's question is not an appropriate question, I accept it is. All I am saying is that, having been advised of this matter as recently as I said last week, I have sought advice as to how I should best deal with the matter, and I would expect in that advice I would be provided with some information about whether any form of disciplinary proceeding was appropriate and, if so, by whom it should be instituted and to what extent I had any role in that matter.

I would also want to have some information about whether there was some requirement for me—or objective, priority—in drawing the matter to the attention of the Director of Public Prosecutions and, if so, how that should appropriately be done. That is what I am talking about. I am not suggesting for a moment that this matter is something which should simply be ignored. I am just trying to ascertain the appropriate way, and there may be more than one appropriate thing that I as Attorney-General should do consequent upon that decision.

I am also aware that, at this point in time anyway, that decision in itself may or may not be subject to review by others; and, again, I do not know where that is likely to be going either. I am seeking advice. It has been brought to my attention, and I do regard it as a matter that should be dealt with but I want advice on exactly how I should proceed with it.

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