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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-06-04 Daily Xml
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LEGAL PRACTITIONERS' DISCIPLINARY TRIBUNAL

The Hon. A. BRESSINGTON (14:59): I seek leave to make a brief explanation before asking the minister representing the Attorney-General a question about the Legal Practitioners' Disciplinary Tribunal.

Leave granted.

The Hon. A. BRESSINGTON: Alex Mericka has filed a claim against Premier Jay Weatherill in the Legal Practitioners' Disciplinary Tribunal, alleging that during the handling of his legal matter by the firm Lieschke & Weatherill, the now Premier brokered a deal with WorkCover which significantly affected his payout and amounted to unprofessional conduct. Mr Mericka became aware of the further information relating to Premier Weatherill's actions during the hearing of the matter before Judge Olsson at the WorkCover tribunal in 2011 and subsequently launched his action with the legal practitioners' conduct tribunal.

Under ordinary circumstances charges must be laid within five years, unless the Attorney-General approves an extension of time to bring proceedings. There is a strong argument that the limitation period should be calculated from the time that Mr Mericka became aware of the conduct, which was in 2011. Mr Mericka has written to the Attorney-General to request permission to proceed in this most important matter, but is a little sceptical given that he believes that Mr Rau and Mr Weatherill are close friends and that this will be a conflict of interest for Mr Rau to decide.

Articles about Mr Mericka have recently featured in The Australian and The Advertiser newspapers, noting the inherent conflict of interest the Attorney-General now has in deciding this matter. If the Attorney-General was to act with due diligence, I am certain that he would allow Mr Mericka to proceed with this matter; however, given his close proximity to Premier Weatherill, serious questions have been raised as to his ability and/or willingness to make this decision. My questions to the Attorney-General are:

1. What steps have been or will be taken to ensure that the decision to allow Mr Mericka to proceed or not will be made impartially and as soon as possible without any interference?

2. Will the Attorney-General undertake to assent to this matter proceeding before the tribunal or is Jay Weatherill a protected species?

3. If the Attorney-General decides against Mr Mericka, will he make known his reasons to the house?

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (15:01): I thank the honourable member for her important questions and will refer them to the Attorney-General in another place and bring back a response.

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