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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-05-11 Daily Xml
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Citizen's Right of Reply

CITIZEN'S RIGHT OF REPLY

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Industrial Relations, Minister Assisting the Premier in Public Sector Management) (15:36): I move:

That, during the present session, the council make available to any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council the following procedure for seeking to have a response incorporated in to Hansard—

1. Any person who has been referred to in the Legislative Council by name, or in another way so as to be readily identified, may make a submission in writing to the President—

(a) claiming that he or she has been adversely affected in reputation or in respect of dealings or associations with others, or injured in profession, occupation or trade or in the holding of an office, or in respect of any financial credit or other status or that his or her privacy has been unreasonably invaded; and

(b) requesting that his or her response be incorporated into Hansard.

2. The President shall consider the submission as soon as practicable.

3. The President shall reject any submission that is not made within a reasonable time.

4. If the President has not rejected the submission under clause III, the President shall give notice of the submission to the member who referred in the council to the person who has made the submission.

5. In considering the submission, the President—

(a) may confer with the person who made the submission;

(b) may confer with any member;

(c) must confer with the member who referred in the council to the person who has made the submission and provide to that member a copy of any proposed response at least one clear sitting day prior to the publication of the response;

but

(d) may not take any evidence;

(e) may not judge the truth of any statement made in the council or the submission.

6. If the President is of the opinion that—

(a) the submission is trivial, frivolous, vexatious or offensive in character; or

(b) the submission is not made in good faith; or

(c) the submission has not been made within a reasonable time; or

(d) the submission misrepresents the statements made by the member; or

(e) there is some other good reason not to grant the request to incorporate a response into Hansard, the President shall refuse the request and inform the person who made it of the President's decision.

7. The President shall not be obliged to inform the council or any person of the reasons for any decision made pursuant to this resolution. The President's decision shall be final and no debate, reflection or vote shall be permitted in relation to the President's decision.

8. Unless the President refuses the request on one or more of the grounds set out in paragraph 5 of this resolution, the President shall report to the council that in the President's opinion the response in terms agreed between him and the person making the request should be incorporated into Hansard and the response shall thereupon be incorporated into Hansard.

9. A response—

(a) must be succinct and strictly relevant to the question in issue;

(b) must not contain anything offensive in character;

(c) must not contain any matter the publication of which would have the effect of—

(i) unreasonably adversely affecting or injuring a person, or unreasonably invading a person's privacy in the manner referred to in paragraph I of this resolution, or

(ii) unreasonably aggravating any adverse effect, injury or invasion of privacy suffered by any person, or

(iii) unreasonably aggravating any situation or circumstance,

and

(d) must not contain any matter the publication of which might prejudice—

(i) the investigation of any alleged criminal offence,

(ii) the fair trial of any current or pending criminal proceedings, or

(iii) any civil proceedings in any court or tribunal.

10. In this resolution—

(a) 'person' includes a corporation of any type and an unincorporated association;

(b) 'Member' includes a former member of the Legislative Council.

This motion relates to the right of reply for any person who believes that he or she has been adversely referred to during proceedings of the Legislative Council. This is identical to motions that have been moved at the start of every session now for a number of years.

The original form of this right of reply motion began back in the period when Trevor Griffin was attorney-general. With some modification following a couple of cases in which it has been used, it has now been in the same format for the last four or five years.

I believe it is a worthwhile part of the procedures of this parliament. It would be my intention now, given that it has proved the test of time, to ultimately adopt this permanently into standing orders. It will need to be considered more fully through the Standing Orders Committee, but for now I move this as a sessional order and seek the support of the council to ensure that this right of reply continues for this session.

The Hon. D.W. RIDGWAY (Leader of the Opposition) (15:38): I indicate that the opposition will be happy to support this motion. The right of reply is an important tool available to members of the public if they think they have been adversely affected by comments made in this place.

For the benefit of new members, I think that I am the only current member of the Legislative Council who has had the right of reply used against them on several occasions. I think it is appropriate that members of the public have that opportunity, and I support its inclusion in standing orders.

The Hon. R.L. BROKENSHIRE (15:38): Family First also agrees that the general public should have this opportunity, and we have the greatest confidence in your being the deliberator, Mr President, and making the appropriate decision.

Motion carried.

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