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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2020-02-06 Daily Xml
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Grievance Debate

Member for Waite

Mr MALINAUSKAS (Croydon—Leader of the Opposition) (15:19): I rise today to talk to the complete farce of a process that is now bringing into question the very integrity of this chamber, of this government and this Speakership. The very idea that we can have an independent process that allows—

The Hon. J.A.W. GARDNER: Point of order.

Members interjecting:

The SPEAKER: Order!

The Hon. J.A.W. GARDNER: Sir, by making a reflection on the Chair, the member has been disorderly. He can only do that by substantive motion.

The SPEAKER: Yes. I heavily caution the Leader of the Opposition. I am listening to him. Leader.

Mr MALINAUSKAS: Thank you, Mr Speaker. I rise to speak about the process that is now being undertaken regarding the investigation into the member for Waite's actions. A very serious set of allegations has been made regarding the member for Waite and his conduct on 13 December last year. These are actions that we understand the Premier has been advised of. How do we know that? We know that because the Premier himself today in question time enunciated to the public that he had spoken to the member for Waite, established that his conduct was unacceptable and asked him to apologise.

Yet the Premier consistently refuses to explain to the people of South Australia exactly what it is that the member for Waite did. The member for Waite has sought forgiveness from the parliament regarding his actions on 13 December. A genuine act of contrition is something that we would all welcome. It is not, however, for me or anyone on this side of the house to offer the member for Waite forgiveness—only his victims are in a position to do that—but a genuine act of contrition is always matched through an actual confession of what has taken place. We are none the wiser. We only have a so-called independent investigator undertaking a report.

Let's examine just how independent that is, because this independent investigation, overseen by this Speaker, has a farcical situation—

The Hon. V.A. CHAPMAN: Point of order: again, the Leader of the Opposition is traversing the basis upon which the investigation is occurring and reflecting on you as the Speaker.

Members interjecting:

The Hon. V.A. CHAPMAN: Am I allowed to speak?

The SPEAKER: There is a point of order. I will hear the point of order.

The Hon. V.A. CHAPMAN: Should the Leader of the Opposition wish to make that assertion in relation to the process that you, as Speaker, are undertaking in your management of the house, then he may do so by a substantive motion, not discourse.

The SPEAKER: Yes, that is true. I am going to give the leader one last warning: criticise the process but if you criticise me, if you reflect on me and it is over the line, I will sit you down. Leader.

Mr MALINAUSKAS: I will endeavour to speak specifically regarding the nature of the process and the information that has been made available publicly without reflecting on you, sir. I will speak specifically to the process and the facts that are known in the public arena. The process that is being undertaken to establish the actions of the member for Waite is as follows: we have a private investigator that we understand is being paid for by this very parliament, and that private investigator is interviewing witnesses to the events of 13 December, but that witness list is being sighted by the Speaker before that investigation takes place.

We are aware from publicly stated information that there are witnesses who understand and saw exactly what took place on 13 December who are not being interviewed. Those people are ready, willing and able to provide evidence regarding the member for Waite's actions, but they will not be interviewed unless this Speaker signs off on it. That, in and of itself, undermines the integrity of the process—

The Hon. V.A. CHAPMAN: Point of order: this is the third time that the Leader of the Opposition has sought to criticise the process that you—

Members interjecting:

The Hon. V.A. CHAPMAN: Apart from making all sorts of allegations—

The SPEAKER: I have the point of order. I am listening carefully to the leader. I will intervene if I need to.

Mr MALINAUSKAS: Thank you, sir. We now also have a Premier who stated publicly and consistently that when he receives the report from the private investigator he will then be able to make a determination about what actions are appropriate to deal with the member for Waite, yet we do not even know if the Premier himself will actually get a copy of the report, because the Speaker has made it clear that he will make a determination, having received a copy of the report, about who will see it. So the South Australian public, the constituents of Waite, will not be able to formulate a judgement about what the member for Waite has done in the parliament of the state unless the Speaker approves it first. What we now know—

The Hon. V.A. CHAPMAN: Point of order, Mr Speaker: again, the submissions are being presented to you to argue that the process is in error. That is what is being alleged.

The SPEAKER: I have the point of order. I am listening to the leader. Thank you, Deputy Premier. I will intervene if I feel it necessary.

Mr MALINAUSKAS: It is very difficult for constituents and the public more broadly to be able to formulate judgements around how their own representatives in this place are performing their duties if they do not get access to the information about how they are performing them. There has been no legitimate explanation, in the opposition's view, as to why a robust, independent investigation by a public investigative authority, such as the equal opportunity commissioner, has not taken place.

We believe, quite legitimately, that the lack of leadership being shown by this Premier is consistent with his value system: not in the interests of the South Australian public, not transparent and not sincere about taking these actions and these allegations with the seriousness that they deserve.

Members interjecting:

The SPEAKER: Order! Member for Lee, member for Kaurna, settle.

Members interjecting:

The SPEAKER: Members on my left and right, I have a duty to prevent quarrels and, if I need to, I will ask members to leave. If members cannot control themselves, I ask you respectfully to leave and get a glass of water. The Minister for Education.

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