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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2024-08-27 Daily Xml
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Members

Member for Narungga, Speaker's Statement

The SPEAKER (11:01): I have been advised by the Director of Public Prosecutions that, on 1 July 2024, Mr Fraser Ellis was found guilty by a magistrate of four counts of deception, committed contrary to section 139 of the Criminal Law Consolidation Act 1935. Mr Ellis is yet to be sentenced for this offending.

Each of the four counts of which Mr Ellis was found guilty were minor indictable offences within the meaning of section 5 of the Criminal Procedure Act 1921. Under section 42 of the Magistrates Court Act 1991, Mr Ellis has the right to appeal against his convictions. The Joint Criminal Rules 2022 provide that any appeal be instituted within 21 days of judgement.

Since receipt of correspondence from the Director of Public Prosecutions, I understand that both the director and Mr Ellis have lodged appeals. Section 31 of the Constitution Act 1934 provides for the vacation of a seat in the House of Assembly in the event that the member is convicted of an indictable offence.

I have also communicated with Mr Ellis, inviting him to provide me with any information that he wishes the house to consider in determining the question of the vacancy of his seat. I now table correspondence I received from Mr Ellis via his lawyers, dated 1 July 2024 and 23 August 2024; a copy of correspondence I received from the Director of Public Prosecutions, dated 3 July 2024, which included a copy of the judgement delivered on 1 July 2024 by His Honour Magistrate Smart; and a copy of the letter I sent to Mr Ellis, dated 20 August 2023.

I now invite the house to consider the question of the vacancy of Mr Ellis, as arising by operation of section 31 of the Constitution Act 1934.

The Hon. A. KOUTSANTONIS (West Torrens—Minister for Infrastructure and Transport, Minister for Energy and Mining) (11:03): I rise on behalf of the government to make some brief remarks in response to your statement. Given the current circumstances of this matter, the government does not intend to move a motion at this time.

Mr BATTY (Bragg) (11:03): We note your statement to the house today and the documents that you have tabled. We also thank you for having those documents circulated to members, about 30 minutes ago. I note the leader of the house's approach to this issue, and the opposition concurs.

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