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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2023-02-23 Daily Xml
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Local Government Elections

Mr TELFER (Flinders) (14:06): My question is to the Minister for Local Government. Does the minister stand by his comments made here on Tuesday and, if so, can he specify the provisions in the legislation that precluded the minister from receiving a briefing? With your leave and that of the house, I will explain.

Leave granted.

Mr TELFER: On Tuesday, the minister stated in this house that 'the way the legislation was, it precluded anyone from politics to actually get a briefing from the Electoral Commissioner'.

The SPEAKER: Order! Member for Flinders please be seated. There is a point of order under 134.

The Hon. A. KOUTSANTONIS: It seems to me that the practice of the House of Assembly is the shadow minister is asking for a legal opinion on a piece of legislation. It is clearly out of order.

Members interjecting:

The SPEAKER: Order!

Mr Whetstone interjecting:

The SPEAKER: Order, member for Chaffey! I will hear the member for Morialta on the point of order that has been raised by the member for West Torrens.

The Hon. J.A.W. GARDNER: The standards of this house have always upheld a practice whereby a formulation of words 'does the minister stand by his comments that' and then an explanation, have been accepted for generations. The minister's point of order is bogus, I would submit, sir.

The SPEAKER: It may be that if the member has fallen into error, and I am not proposing to make a ruling because I will give the member an opportunity to rephrase, it is in introducing something that is purported to be a fact. It may be that the question can be cast simply at the outset without necessarily seeking leave.

Mr TELFER: Does the minister stand by his comments made here on Tuesday in this house, and with your leave and that of the house, I will explain.

Leave granted.

Mr TELFER: On Tuesday, the minister stated in this house that 'the way the legislation was, it precluded anyone from politics to actually get a briefing from the Electoral Commissioner'. However, yesterday in the other place, the Attorney-General stated:

I am not aware of a specific part of the Electoral Act that would prohibit the Electoral Commissioner from speaking to the Minister for Local Government.

The SPEAKER: That question might fall into error for a different reason but I am going to allow it.

The Hon. G.G. BROCK (Stuart—Minister for Local Government, Minister for Regional Roads, Minister for Veterans Affairs) (14:08): I thank the member for his question. First up, I would like to take this opportunity to clarify a statement I made yesterday in this place in response to a question from the member for Flinders. In providing information on the role of the independent Electoral Commissioner and the importance of this independence, I stated that the Local Government Elections Act precludes any person involved in formal politics from receiving a briefing on matters from the Electoral Commissioner.

I would like to clarify that the legislation, of course, does not preclude this. Contextually, my comment was focused on the Electoral Commissioner's independence. The Electoral Commissioner's remit is given to him by the parliament and his role in an independent role. There is no basis on which I might demand or expect a briefing from him on how he runs the election process for which he has been given responsibility. Political interference in a democratic process is irresponsible. I respect the commissioner's ability to run elections without demands or interference from myself, and I rely on the commissioner to alert me on issues that I may need to be aware of, as he did in this instance when he advised me.

Mr Telfer might benefit from learning about the democracy that allows him to deny his responsibility—

Members interjecting:

The SPEAKER: Order!

The Hon. G.G. BROCK: —of advocating for the legislative change that has delivered this—

The SPEAKER: Minister, please be seated. There is a point of order. The member for Badcoe is now on three warnings. Member for Chaffey, you are warned. I will hear the member for Morialta.

The Hon. J.A.W. GARDNER: Thank you, sir. It's against standing orders to refer to members by their names. It's against standing order 98 to debate, and it's not usual practice to try to have a go in the middle of a humiliating apology.

Members interjecting:

The SPEAKER: Order! The path to resolve this might be somewhat pragmatic, but nevertheless I will hear from the member for West Torrens.

The Hon. A. KOUTSANTONIS: Sir, without wanting to interfere with your processes, that last point of order takes advantage of the standing orders in a way that diminishes the house. To put in that flourish at the end is unparliamentary and diminishes the ability of all members to raise points of order.

Members interjecting:

The SPEAKER: Member for Unley!

Members interjecting:

The SPEAKER: Order! Member for Morialta.

The Hon. J.A.W. GARDNER: Sir, I apologise for the last part that so offended the member for West Torrens.

The SPEAKER: Very well. That was the pragmatic resolution I was seeking.

Members interjecting:

The SPEAKER: Order! The minister is reminded that standing order 98 is one of the most significant, of course, that controls debate. I bring the minister to the question. Minister.

The Hon. G.G. BROCK: Thank you, Mr Speaker. I think that I have explained it adequately enough. My intention was, when I spoke about it yesterday, to point out the independence of the Electoral Commissioner from this house here, and I stand by that. I have sought Crown advice, and my advice is that, when I said the statement, I also had a contradictory comment a bit later on in my Hansard yesterday. Certainly, at the end of the day, I think we need to look at the long-term opportunities and then make certain, going forward, that we have the best opportunity for local government elections, and specifically for councillors going forward, to make certain that we get the right opportunity.

I have offered to have discussions with the shadow minister, at any time, about issues impacting local government elections, and local government in particular. Certainly, whilst I may have said that yesterday, my context was to be able to state the importance of the Electoral Commissioner away from this house, in particular.

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