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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2017-09-27 Daily Xml
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Oakden Mental Health Facility

Mr DULUK (Davenport) (14:46): Supplementary: minister, can you let us know how many funding requests have been granted by you and your office?

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Industrial Relations, Minister for Child Protection Reform, Minister for the Public Sector, Minister for Consumer and Business Services, Minister for the City of Adelaide) (14:46): I can talk a little bit more about that particular part of the question because I think it's important for people to be cognisant of the process. The process in relation to an application for assistance is something which is governed according to certain circulars which have been distributed within government. These circulars are of long standing, and these circulars are there to provide for impartial determination of circumstances in which public servants or other people with connections to government are to be supported in their participation in legal affairs by the state.

Frequently, this emerges in a case, for example before the Coroner's Court, where it might be that there are multiple witnesses from the state and there are perhaps conflicting issues between some of the witnesses and it is deemed that there might be an impossibility of the Crown representing all of the witnesses and they apply for and receive separate representation. It is important to understand, though, that the gatekeeper in respect of those matters is of course the Crown Solicitor, who both assesses the merit of the application, as against the criteria established in the circular, and also makes determinations about what the reasonable costs might be in those circumstances.

Ms Chapman interjecting:

The Hon. A. Koutsantonis: Sir, that's not appropriate, is it?

The SPEAKER: The deputy leader I warn.

The Hon. J.R. RAU: I was quite wounded by what Mr McGuire had to say, but I'm going to press on. The circumstances are therefore that the circular is the thing against which the assessment is made. The assessing authority is in fact the Crown Solicitor—it's not me, it's not the Premier, it's not anybody in the cabinet. I think to the extent that the honourable member's question misapprehended the process, hopefully I have been able to enlighten him and make him feel more comfortable about that aspect of the matter.

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