Citizen's Right of Reply

Citizen's Right of Reply

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (17:33): 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 into 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 3, 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 1 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. It is identical to the motions that have been moved at the start of previous sessions for many years, and I believe it is a very worthwhile part of the procedures of this parliament. 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) (17:34): I rise on behalf of the opposition to speak to the motion which, as the minister has suggested, could be referred to as a sessional order for a citizen's right of reply.

As the Hon. Mark Parnell reminded me a while ago, I am the only member in the chamber who has ever had to endure, or be privileged to have, two citizen's right of replies lodged against comments I made.

The Hon. Angus Redford, who was a member of this council some time ago, insisted on an amendment. I checked with the Clerk earlier today, and this is an exact copy of a previous motion from the last session. It states that the President must confer with the member who referred in the council to the person who has made the submission and provide that member with a copy of any proposed response at least one clear sitting day prior to the publication of that response. That was something that the Hon. Angus Redford insisted on.

In the situation where I was faced with these particular submissions that had been made, I thought it was a sensible amendment, where you could actually have a look at what the response was going to be and make some comment, or at least be informed and you were not caught by surprise.

I hope that this gives anybody in the community who feels that someone in this place has said something that has caused them to believe that he or she has been adversely referred to during the proceedings of the Legislative Council the opportunity of making a submission seeking to have a response incorporated in Hansard. With those few words, I support the motion.

Motion carried.