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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-05-13 Daily Xml
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Matter of Privilege

Matter of Privilege, Speaker's Statement

The SPEAKER (17:55): I rule, having given consideration to the matter of privilege raised by the member for West Torrens in the house earlier this afternoon. I will cite the oft-referred passage of McGee on parliamentary practice at page 664 and perhaps slightly more fulsomely because, for two reasons, I rule that the matter is not a matter of privilege meeting the test set out in McGee, that it might genuinely be regarded as tending to impede or obstruct the house in the discharge of its duties.

I will refer perhaps more specifically to the matter that was raised and the observations of the minister giving rise to an answer to a question from the member for Kavel during question time. I will quote relevant parts of the minister's answer that form part of the materials that were provided to me by the member for West Torrens. The minister referred to the following:

The last time any surfacing work was done there—

that is, on the South Eastern Freeway—

was 20-plus years ago…

The member for West Torrens referred to and subsequently provided to me a bundle of documents, four pages, one of which is a document that appears to have been published by the then Department for Planning, Transport and Infrastructure and dated 4 April 2016 and which refers relevantly to resurfacing works being conducted on the South Eastern Freeway at or about that time. I note also in the circumstances the personal explanation given by the minister in the house just now.

In all of those circumstances, it is appropriate that I remind members of the dual tests that are set out in McGee: first, that only if conduct complained of can genuinely be regarded as tending to impede or obstruct the house in the discharge of its duties or is otherwise of some moment should the house bother to deal with it as a question of privilege; secondly, and in these circumstances, even in the event that I found that it was of such moment, I would anyway determine that it is not a matter for the house to resolve by way of a matter of privilege.

Where the matter has been dealt with by the minister, there is no reason for the house to take corrective action because the matter has been resolved. It is appropriate in those circumstances, and I quote from the passage of McGee, that the Speaker determine that no question of privilege is involved, even though it may be clear that the conduct which has been raised might otherwise amount to such a matter of seriousness.

In my view, this is not a matter of privilege for the reasons I have stated. It does not meet the test and has otherwise been resolved. I therefore decline to give the matter the precedence that would otherwise allow the member immediately to pursue the matter. My ruling, as members will be aware, however, does not prevent any member, including the member for West Torrens, from pursuing the matter by way of substantive motion.


At 18:00 the house adjourned until Tuesday 25 May 2021 at 11:00.

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