Mr BALCH - 1998-04-23
I understand he has an opinion from one of Australia's leading constitutional lawyers in relation to the Senate vacancy caused by the resignation of Bob Collins. Will he provide the Assembly with details of that opinion and a copy of that opinion?
Mr Ah Kit: It is just another opinion.
ANSWER
Madam Speaker, the member for Arnhem says it is just another opinion. It is from Dr Gavan Griffith QC, a former Commonwealth Solicitor-General and an eminent constitutional expert in this country.
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However, the member says it is 'just another opinion'. If that is how the opposition is determining ...
Mrs Hickey: He says one thing. Another QC will say another.
Madam SPEAKER: Order! Leader of the Opposition, you are not setting a very good example.
Mr STONE: I pick up the interjection from the Leader of the Opposition. She adverted to the fact that she had other opinions. I call on her to make those opinions available to the media and to this House. I make available the opinion that I have, and I reiterate what I have just said. The Leader of the Opposition said that there were opinions from other QCs. Let us have them. Or did she make it up?
Mrs Hickey interjecting.
Mr STONE: Did you make it up? Is that what she now says? She invented that. That is the problem in all of this - the Labor Party will not obtain proper advice.
I table the opinion for the benefit of the Leader of the Opposition. What does that opinion say, for the benefit of Territorians listening to this broadcast who must be wondering why the Labor Party has let them down so badly by not finding a replacement? Does the Assembly have to wait for the Labor Party to complete its preselection process? The answer is no, the Assembly does not have to wait. Is the Legislative Assembly able to choose a person not endorsed by the ALP? The answer is yes. Is the Executive Council able to make the appointment once these sittings end? The answer is no. The member for Nhulunbuy ...
Ms Martin: It has been done, many times.
Mr STONE: If you really believe that, let us see the opinions that the Leader of the Opposition said she has. She said there were other QCs' opinions.
Members interjecting.
Mr STONE: It has never been to the High Court.
Mrs Hickey interjecting.
Madam SPEAKER: Order! Chief Minister, please resume your seat. Members of the opposition, I am quite sure people listening to this would like to hear this reply. However, with your continued interjections, you are not allowing the Chief Minister to give his reply.
Mr Toyne: Tell him not to be provocative.
Madam SPEAKER: I beg your pardon! Are you disputing my remarks? If you wish to do so, you know the way to do it. Otherwise, you are out! Chief Minister, please continue.
Mr BAILEY: A point of order, Madam Speaker! I seek clarification under standing order 112 which says that questions should not seek a legal opinion.
Madam SPEAKER: I do not think the question sought a legal opinion.
Mr BAILEY: He is presenting a legal opinion.
Mr Stone: That is extraordinary! You stood up and asked me to table it. That was yesterday, you donkey! And it is not my opinion.
Madam SPEAKER: Order! Chief Minister, would you continue with your ...
Mr Bailey: You are now giving what that ...
Madam SPEAKER: Order! Member for Wanguri. Chief Minister, continue your answer.
Mr STONE: Madam Speaker, it distresses me that members opposite keep interjecting that it can be done through the Executive Council, when quite clearly it cannot.
Mr Bailey: It has been done. It has to be endorsed by parliament, but it can be done.
Madam SPEAKER: Order! Member for Wanguri, this is your last warning.
Mr STONE: I guess we could argue this till the cows came home. I hope that Gareth Evans has taken the opportunity to speak to Dr Gavan Griffith about this. We urge that there be some discussion because we are not getting any sense locally. The Labor Party has been absolutely extraordinary. In today's paper, the names of the candidates are shown. I am grateful to the NT News for printing them.
Mr Stirling: You cannot believe that.
Mr STONE: The names are: Pat Anderson,
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Loretta Askew, Denis Bree, Geoff Carter, Vaughan Casey, Trish Crossin, David Curtis, Des Gellert, Kathy Spurr and Brad Syke. The member for Nhulunbuy says that we cannot believe that. Is this inaccurate?
Mr Bailey: Anyone who wanted to be a Senator could have told you who they were.
Madam SPEAKER: Order! The member for Wanguri.
Mr STONE: We have told members opposite to get on with it.
Mr Toyne: It is called democracy.
Mr STONE: The member for Stuart says it is called democracy. While you are talking about the democratic processes, you tell your high-profile Aboriginal candidate, Tracker Tilmouth in Alice Springs, not to bother.
Madam Speaker, I make the opinion available. I hope the Leader of the Opposition copies it to all her colleagues. I call upon her now to table the opinions that she has received and to make them available to the media in the way that I have.
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Mr Ah Kit: It is just another opinion.
ANSWER
Madam Speaker, the member for Arnhem says it is just another opinion. It is from Dr Gavan Griffith QC, a former Commonwealth Solicitor-General and an eminent constitutional expert in this country.
Page 193
However, the member says it is 'just another opinion'. If that is how the opposition is determining ...
Mrs Hickey: He says one thing. Another QC will say another.
Madam SPEAKER: Order! Leader of the Opposition, you are not setting a very good example.
Mr STONE: I pick up the interjection from the Leader of the Opposition. She adverted to the fact that she had other opinions. I call on her to make those opinions available to the media and to this House. I make available the opinion that I have, and I reiterate what I have just said. The Leader of the Opposition said that there were opinions from other QCs. Let us have them. Or did she make it up?
Mrs Hickey interjecting.
Mr STONE: Did you make it up? Is that what she now says? She invented that. That is the problem in all of this - the Labor Party will not obtain proper advice.
I table the opinion for the benefit of the Leader of the Opposition. What does that opinion say, for the benefit of Territorians listening to this broadcast who must be wondering why the Labor Party has let them down so badly by not finding a replacement? Does the Assembly have to wait for the Labor Party to complete its preselection process? The answer is no, the Assembly does not have to wait. Is the Legislative Assembly able to choose a person not endorsed by the ALP? The answer is yes. Is the Executive Council able to make the appointment once these sittings end? The answer is no. The member for Nhulunbuy ...
Ms Martin: It has been done, many times.
Mr STONE: If you really believe that, let us see the opinions that the Leader of the Opposition said she has. She said there were other QCs' opinions.
Members interjecting.
Mr STONE: It has never been to the High Court.
Mrs Hickey interjecting.
Madam SPEAKER: Order! Chief Minister, please resume your seat. Members of the opposition, I am quite sure people listening to this would like to hear this reply. However, with your continued interjections, you are not allowing the Chief Minister to give his reply.
Mr Toyne: Tell him not to be provocative.
Madam SPEAKER: I beg your pardon! Are you disputing my remarks? If you wish to do so, you know the way to do it. Otherwise, you are out! Chief Minister, please continue.
Mr BAILEY: A point of order, Madam Speaker! I seek clarification under standing order 112 which says that questions should not seek a legal opinion.
Madam SPEAKER: I do not think the question sought a legal opinion.
Mr BAILEY: He is presenting a legal opinion.
Mr Stone: That is extraordinary! You stood up and asked me to table it. That was yesterday, you donkey! And it is not my opinion.
Madam SPEAKER: Order! Chief Minister, would you continue with your ...
Mr Bailey: You are now giving what that ...
Madam SPEAKER: Order! Member for Wanguri. Chief Minister, continue your answer.
Mr STONE: Madam Speaker, it distresses me that members opposite keep interjecting that it can be done through the Executive Council, when quite clearly it cannot.
Mr Bailey: It has been done. It has to be endorsed by parliament, but it can be done.
Madam SPEAKER: Order! Member for Wanguri, this is your last warning.
Mr STONE: I guess we could argue this till the cows came home. I hope that Gareth Evans has taken the opportunity to speak to Dr Gavan Griffith about this. We urge that there be some discussion because we are not getting any sense locally. The Labor Party has been absolutely extraordinary. In today's paper, the names of the candidates are shown. I am grateful to the NT News for printing them.
Mr Stirling: You cannot believe that.
Mr STONE: The names are: Pat Anderson,
Page 194
Loretta Askew, Denis Bree, Geoff Carter, Vaughan Casey, Trish Crossin, David Curtis, Des Gellert, Kathy Spurr and Brad Syke. The member for Nhulunbuy says that we cannot believe that. Is this inaccurate?
Mr Bailey: Anyone who wanted to be a Senator could have told you who they were.
Madam SPEAKER: Order! The member for Wanguri.
Mr STONE: We have told members opposite to get on with it.
Mr Toyne: It is called democracy.
Mr STONE: The member for Stuart says it is called democracy. While you are talking about the democratic processes, you tell your high-profile Aboriginal candidate, Tracker Tilmouth in Alice Springs, not to bother.
Madam Speaker, I make the opinion available. I hope the Leader of the Opposition copies it to all her colleagues. I call upon her now to table the opinions that she has received and to make them available to the media in the way that I have.
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Last updated: 09 Aug 2016