Legislative Council - Fifty-First Parliament, Third Session (51-3)
2008-12-02 Daily Xml

Contents

Citizen's Right of Reply

CITIZEN'S RIGHT OF REPLY

The PRESIDENT (15:22): I have to advise that I have received a letter from Mr Demetrius Poupoulas, requesting a right of reply in accordance with the sessional standing order passed by this council on 1 May 2007. In his letter of 25 November 2008, Mr Poupoulas considers that the Hon. Mr Ridgway made statements during question time on 10 September 2008 and believes they 'defame [him] and seek to tarnish [his] professional reputation'.

Following the procedures set out in the sessional standing order, I have given consideration to this matter and believe that it complies with the requirements of the sessional standing order. Therefore, I grant the request and direct that Mr Poupoulas's reply—

The Hon. J.S.L. DAWKINS: I rise on a point of order, Mr President. The members of the government benches are continually yapping away while you are on your feet.

Members interjecting:

The PRESIDENT: Order! The honourable member does have a point of order. When the President is on his feet, you shall be silent. Therefore, I grant the request and direct that Mr Poupoulas's reply be incorporated in Hansard, as follows:

Dear Mr President,

As the Chairperson of the Building Advisory Committee, it has come to my attention that the Leader of the Opposition in the Legislative Council, the Hon. David Ridgway MLC recently made various statements during question time on 10 September 2008.

I have read those statements and believe they defameme, seek to tarnish my professional reputation and that without correction could mislead Parliament. I therefore seek my right as a citizen to have this letter read into Hansard in order to set the record straight.

The Hon. D. W Ridgway on 10 September 2008said:

'...It is also interesting to note that the current chair of the. Building Advisory Committee, a Mr Demetrius Poupoulas, was at one stage involved in the action City of Onkaparinga v Hassell Pty Ltd, Cox ConstructIons Pty Ltd, Dare Sutton Clarke Pty Ltd, D.P. Poupoulas and Associates Pty Ltd and Demetrius Photios Poupoulas, which demonstrated that the proposed regime would not serve to improve the current system.

In fact, in that situation the calculations done by the building surveyor, Mr Poupoulas, were found to be, on my understanding, not in line, whereby approval was granted but in due course the construction work ceased as the builder observed that significant deflections were occurring in the roof structure. Extensive redesign took place, resulting in extensive modification to the roof structure and the council sued for the losses that were suffered...'

In his statement, the Hon. David Ridgway implies that I was found liable by the Court as he also states: 'Is the minister aware that the current chair of the Building Advisory Committee has also himself been the subject of poor performance?...'

I have been a practitioner for more than 33 years, am a Life Fellow of the Australian Institute of Building Surveyors, Fellow of the institution of Engineers (Australia) and an appointee as a Commissioner to the Environment Resources and Development Court since its inception in 1994.

I can confirm that I was involved in an action involving the City of Onkaparinga versus three other companies and myself on an incident that occurred twelve years ago.

However, no judgment was entered against me and my denial of liability was upheld. In 33 years of practising as a building surveyor in South Australia I have only ever defended one action, that particular action, which resulted in no judgment being made against me.

I believe the Hon. David Ridgway has defamed me and sought to call into question my professional reputation. There is absolutely no basis to his suggestion that I have 'been the subject of poor performance'.

The principle of natural justice has clearly been a casualty of the Hon. David Ridgway's political game playing.

I trust these facts will serve to set the record straight.

Yours sincerely

Demetrius Poupoulas