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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2013-09-26 Daily Xml
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Personal Explanation

LEGAL PRACTITIONERS (MISCELLANEOUS) AMENDMENT BILL

The Hon. J.A. DARLEY (15:30): I seek leave to make a personal explanation concerning the Legal Practitioners (Miscellaneous) Amendment Bill 2013.

Leave granted.

The Hon. J.A. DARLEY: It was my intention to make a contribution during the consideration of the message but, as a result of a misunderstanding on my part, I missed my opportunity to do so. With the indulgence of the council, I would like to make those comments now and place on the record the following statement prepared by Ms Di Gilcrist-Humphrey, the widow of Mr Ian Humphrey, regarding this bill. Ms Gilcrist-Humphrey writes:

In 2011, Attorney-General John Rau personally contacted me to advise that he was unable to take any action regarding the continued registration of Lawyer Eugene McGee after the Legal Practitioners Conduct Board determined that Mr McGee's actions on 30 November 2003 could not be determined to be 'unprofessional conduct'.

At the time of informing of his chosen inaction, Attorney Rau promised that it was his intention to address the loopholes in the system by reviewing and revising the structure and function of the Legal Practitioners Conduct Board.

I have not heard from Attorney Rau or been provided with any update on the proposed changes since 2011.

Despite the fact that my husband's death has been a contributing factor to the drafting of the Legal Practitioners Amendment Bill, Attorney Rau has not had the courtesy or respect to discuss this Bill, and what it means for me and my family.

What occurred on 30 November 2003 occurred because Eugene McGee and his Associates knew that the system could allow it. It was not moral, ethical, professional or humane but McGee and his Associates knew they could manipulate the system to make it 'legal'.

That the Legal Practitioners Conduct Board could be so disconnected from reality and allow for the manipulation to continue by determining that McGee's conduct was in no way unprofessional or infamous, was disappointing.

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