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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2018-07-25 Daily Xml
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Matter of Privilege

Australian Craniofacial Unit

The SPEAKER (12:56): I rise regarding the matter of privilege in regard to the Australian Craniofacial Unit. I make the following statement in regard to the matter of privilege raised by the member for West Torrens in this place yesterday. However, before addressing that matter, I wish to outline the significance of privilege as it relates to the house and its members. Privilege is not a device by which members or any other person can seek to pursue matters that can be addressed by debate or settled by a vote of the house on a substantive motion.

As we have covered, McGee in Parliamentary Practice in New Zealand, in my view, makes the test for whether or not the matter is a matter of privilege by defining it as a matter that can be genuinely regarded as tending to impede or obstruct the house in the discharge of its duties. An essential aspect of privilege is to ensure that each member can speak without fear or favour but at the same time be able to rely on the accuracy of the statement made in the house by any member. It is not a protection from the consequences of misconduct, poor judgement or inaccurate information.

I refer to the matters raised by the member for West Torrens where he alleges that the Minister for Energy has deliberately and intentionally misled the house in respect of two matters concerning inconsistencies in the minister's answers to questions; firstly, where the minister acknowledges the existence of an independent review into the Australian Craniofacial Unit; and, secondly, that Professor David David was well aware of the review and had every opportunity to contribute to that review. On the first matter, the member for Kaurna asked the following question to the Minister for Energy:

Why did the Premier give Professor David David assurances that these issues at the Craniofacial Unit would be addressed, including the removal of an oral surgeon, and in two or three weeks no action has been taken?

In response to this question the Minister for Energy answered by saying:

This house will remember that the Premier answered several questions about the Australian craniofacial foundation two or three weeks ago in the parliament. He went through the entire list of issues. He answered every single question, but one of the most important things that clearly the opposition has forgotten is that we were going to undertake an independent review. I don't know why the opposition would pretend that that didn't happen as if it is completely irrelevant. The government has undertaken an independent review into the Australian craniofacial foundation. Dr David David, an esteemed South Australian, is well aware of it. He has every opportunity to contribute to that review, as have the people who still work at the Australian craniofacial foundation.

I have checked Hansard. I confirm that I cannot find any record regarding the commissioning or existence of an independent review into the unit or more specifically any reference in the Premier's answers to questions in the house on 5 July advising the house of a review.

The member for West Torrens advises the house that there is no record in Hansard, the government's media releases or the government's public statements regarding the commissioning of an independent review into the Craniofacial Unit as described by the minister. While there appears to be nothing on the public record acknowledging the existence of an independent review into the unit, that is not to say an independent review did not exist or was undertaken without the knowledge of members of the House of Assembly or Professor David David.

However, it is implied in the minister's answer that the house, members of the opposition and Dr David were made fully aware of the independent review. As I cannot find anything to substantiate the minister's claims concerning the existence of the independent review, on the facts before me prima facie I believe that the matter touches on privilege.

As to the second matter, the member for Kaurna asked the following question to the Minister for Energy:

My question is again to the minister representing the Minister for Health. Does the minister stand by his remarks earlier today that David David, South Australian of the Year, had every opportunity to contribute to the independent review into the Craniofacial Unit?

In responding to this question, the Minister for Energy answered by saying:

Look, I don't know, but I'm sure he had the opportunity. I don't know if he did…what we are and are not allowed to say…

Previously, I said that Dr David David had every opportunity to contribute to the independent review and that I didn't know whether he had actually done that or whether he had spoken to the health minister. But, as I was saying, in the spirit of transparency…I have sought and received some information since then…So on this occasion I can tell the shadow minister and the parliament that the Minister for Health met with Dr David David on 9 July face to face and they have spoken on the phone since…

I assume that if Dr David David, the champion of the Australian craniofacial foundation, and the Hon. Stephen Wade in the other place, the Minister for Health, spoke to each other face to face and on the phone during the time that this independent review into the Australian craniofacial foundation was being undertaken, they would have been talking about that. I don't know that for sure, but I think it's…that it wasn't footy tips, it wasn't bakeries: it was the Australian craniofacial foundation that they would have been talking about.

The member for West Torrens contrasts the minister's answer with information provided to the opposition by Professor David David indicating that he was not aware of an independent review and had not been given the opportunity by the government to contribute to such an independent review.

In this instance, the inconsistencies referred to between the minister's account of Professor David David's involvement in the independent review and that of Professor David David's account is not one of simply differing recollections and understanding of details. Rather, differences between the two accounts of events are substantial and go to the core of the minister's understanding of Professor David David's knowledge and of involvement in the independent review, and for that reason, in my opinion, the matter touches on privilege.

Before concluding my remarks, I advise the house that I have had the opportunity to read the Minister for Energy's personal explanations made to the house yesterday and earlier today. In his personal explanations, the minister confirms the existence of an independent review of the visiting medical specialist selection process of the Australian Craniofacial Unit and, further, corrects the record by saying that the Premier did not announce a review. I also note that the minister in his personal explanation corrects the record by acknowledging that Professor David was not consulted as part of the review process.

If I were considering this matter prior to the minister's personal explanation, I would be of the view that prima facie the matters raised by the member for West Torrens touch on privilege and should therefore be accorded precedence for a motion which would enable the house to determine if there had been a breach of privilege.

However, having had the benefit of examining the minister's personal explanation, I am of the opinion that any potential misleading of the house by inaccuracies in the record, as alluded to by the member for West Torrens, have been corrected at the earliest opportunity and therefore I do not propose to give precedence to this matter as a matter of privilege. However, of course, this decision does not prevent the member for West Torrens or any other member from proceeding with a motion on the specific matter by giving notice in the normal way.

Sitting suspended from 13:02 to 14:00.

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