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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2022-05-05 Daily Xml
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Ministerial Statement

Member for Bragg

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Infrastructure and Transport, Minister for Energy and Mining) (14:26): I seek leave to make a ministerial statement.

Leave granted.

The Hon. A. KOUTSANTONIS: Mr Speaker, the government has carefully considered your statement to the house and the papers you have tabled, which include two minutes of advice from the Crown Solicitor's Office in relation to the resignation of Ms Vickie Chapman. The government accepts the irrefutable advice that this is a matter that may only be resolved by the House of Assembly.

The advice states that, in the view of the Crown Solicitor's Office, Ms Chapman's seat was likely vacated on 26 April by the operation of section 30 of the Constitution Act. The government accepts that advice. The further advice states that, whilst section 30 is automatic and self-executing, meaning Ms Chapman's resignation has immediate effect, in circumstances such as these only the House of Assembly can authoritatively state that Ms Chapman's seat is vacant. The government accepts this advice.

The government also accepts the advice that any proceedings to determine this issue 'should be commenced and heard as soon as reasonably practicable after parliament resumes'. The advice is clear. It is for this place to determine whether Ms Chapman has vacated her seat by virtue of a letter sent on 26 April. The advice makes clear that this question be resolved as a matter of urgency.

It is incumbent on all members to consider whether, in accordance with section 43 of the Constitution Act, a motion ought to be moved to declare a vacancy in the seat of Bragg. However, notwithstanding all of this, the government has also turned our mind to the democratic principles underpinning this place and what we in the Labor Party stand for.

Ms Chapman was duly elected by her constituents on 19 March 2022 to serve in this house for a four-year term. It would require a motion declared by a majority of this house to declare the seat of Bragg vacant. The government holds the majority. It is within our capacity to move a motion and have it passed, but we will not. The government will not move to expel Ms Chapman from this house. We choose not to because it does not honour the values of our party. We have formed the view that using our majority in this way would be unparliamentary in the circumstances where matters are disputed by the former member for Bragg.

We do not consider this to be a partisan issue on which a vote should be divided on party lines. This is a constitutional matter, and we urge the Leader of the Opposition to consider his position in all of the circumstances that we now face as the elected representatives of this state. It falls to us to ensure that members of the South Australian parliament abide by the terms of the Constitution Act.

If the Leader of the Opposition agrees with the advice tabled in this place and agrees, as we do, that provisions of the Constitution Act ought be upheld, he should move a motion to declare the seat of Bragg vacant pursuant to section 43 of the Constitution Act. If this action is taken by the Leader of the Opposition, the government will support its passage. This is now a matter for the Liberal Party and the Leader of the Opposition. The government does not intend to use our majority to force the determination of this matter. The Leader of the Opposition has an obligation to this house, the people of Bragg and all of South Australia to act. We await his response.

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