Mr ELFERINK - 1997-12-04
He has been criticised for his concern that the local legal profession should be given priority consideration in the allocation of government work. Can he advise of the success of this policy in ensuring work remains in the Territory, thus creating jobs for Territorians?
Members interjecting.
Mr Burke: What have you got against jobs for Territorians?
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ANSWER
That is a good interjection, Madam Speaker. What has the Labor Party got against jobs for Territorians? When I heard that report this morning about the truck with the tiles crashing whilst outward bound on Bagot Road, I thought of the Leader of the Opposition ...
Mr Bailey: Who buys locally. Where did the member for Katherine buy his videos?
Mr STONE: I thought the member for Wanguri was on a warning.
Madam SPEAKER: He is on a warning, and I think he will be leaving us very shortly. Members wish to hear the answer.
Mr STONE: Madam Speaker, there was some ill-informed comment about the way the system was working within the department. If people believe that I sit, dreaming up the names of who is given this job or that job, that is not the way it works. The department has to demonstrate to me that, in the first instance, it has sought the services of a local firm or a local barrister. If it has not done that, it is asked why.
Ms Martin: Your memo is even signed.
Mr STONE: This is a classic. This is part of the trail of dishonesty of the member for Fannie Bay. She interjects about my memo. Table my memo!
Ms Martin: The memo that came out ...
Mr STONE: This is the point, Madam Speaker. There is no memo from me. Let us pull her up right at the beginning.
Ms Martin: That is rubbish!
Madam SPEAKER: Order!
Mr STONE: She has a track record and priors in this Chamber. There was no memo sent out by me, and the member for Fannie Bay knows that.
Ms Martin interjecting.
Madam SPEAKER: Order! Member for Fannie Bay, stop your interjecting.
Mr STONE: I expect Territorians to have first call, and there is good reason for that. Let me read a minute from the Office of Courts Administration. I have deleted the name of the person to whom this is directed, and the names of counsel. It is from the chief executive officer, John Flynn, and is dated 31 July 1996:
I was rather surprised to read in today’s paper that ... was counsel
assisting the coroner in the Bathurst Island cell hanging matter. I can
anticipate that the Attorney-General will ask, perhaps prompted by
the Bar Association, why southern counsel was engaged in this matter.
The general principle should be that counsel within the jurisdiction
should be briefed unless there are compelling reasons why some
particular southern counsel should be engaged. In the ... matter, it was
understandable that ... be briefed because of his aviation experience.
A further principle, which I believe should be followed, is that, if counsel
is to be engaged, the complexity of the matter should be assessed so
that an appropriate fee level can be determined and then counsel be
engaged at that rate rather than engaging counsel and then agreeing
a fee. The Solicitor for the Northern Territory has vast experience in
this area, and could be consulted should there be any doubt about
the appropriate fee.
I would appreciate your advice as to why ... was briefed, and I would also
appreciate your confirmation that the general principles I have espoused
should be followed.
The chief executive officer finally came to me and said: ‘I give up, Attorney-General. They do not listen to me. They simply continue on their merry way’. If people talk to the law firms, and there have been a couple of letters to the editor about this issue, they will be told that the system was such that local Territorians were not being given a fair go. Hence, I have insisted that I will see who is receiving the work and I will insist that there is a fair share of work going around.
Let us see who has managed to obtain work since I put the new system in place. These are the barristers: Judith Kelly, Peter Barr, Anthony Young, Steve Southwood, Trevor Riley QC, John Reeves QC, Stephen Walsh QC, Colin McDonald QC and Alistair Wyvill. There is a nice mix of people from both sides of politics. What about the firms? These are: Cridlands, Ward
Page 72
Keller, James Noonan and Associates, Morgan Buckley, Close and Carter, Waters James McCormack, Martin and Partners, Michael Whelan and Associates, and Mildrens.
Make no mistake, the system was not working. Up to a third of the work was going out of the Territory, and that was unacceptable. It is no reflection on any former Attorney-General because it happened even when I was previously Attorney-General. We were all aware of the problem but, at the end of the day, the only way to ensure that Territory firms - firms that employ Territorians - obtained their fair slice of the cake was to be interventionist to the point where one requires departments to explain why work is going out of the Territory.
One would expect opposition members to have availed themselves of a briefing before they developed this case of foot-in-the-mouth and before they started talking about jobs for the boys. I was not aware that Alistair Wyvill was one of my boys. I was not aware that Waters James McCormack were my boys. Indeed, a whole raft of those people seem to have a particular sympathy for the other side of politics. All I want to achieve is a fair go for Territory law firms and Territory practitioners, and I would expect a little support. I suppose the opposition believes it should all go south ...
Members interjecting.
Mr STONE: You buy your tiles down south. You are quite happy not to support the government on this important initiative.
Page 73
Members interjecting.
Mr Burke: What have you got against jobs for Territorians?
Page 71
ANSWER
That is a good interjection, Madam Speaker. What has the Labor Party got against jobs for Territorians? When I heard that report this morning about the truck with the tiles crashing whilst outward bound on Bagot Road, I thought of the Leader of the Opposition ...
Mr Bailey: Who buys locally. Where did the member for Katherine buy his videos?
Mr STONE: I thought the member for Wanguri was on a warning.
Madam SPEAKER: He is on a warning, and I think he will be leaving us very shortly. Members wish to hear the answer.
Mr STONE: Madam Speaker, there was some ill-informed comment about the way the system was working within the department. If people believe that I sit, dreaming up the names of who is given this job or that job, that is not the way it works. The department has to demonstrate to me that, in the first instance, it has sought the services of a local firm or a local barrister. If it has not done that, it is asked why.
Ms Martin: Your memo is even signed.
Mr STONE: This is a classic. This is part of the trail of dishonesty of the member for Fannie Bay. She interjects about my memo. Table my memo!
Ms Martin: The memo that came out ...
Mr STONE: This is the point, Madam Speaker. There is no memo from me. Let us pull her up right at the beginning.
Ms Martin: That is rubbish!
Madam SPEAKER: Order!
Mr STONE: She has a track record and priors in this Chamber. There was no memo sent out by me, and the member for Fannie Bay knows that.
Ms Martin interjecting.
Madam SPEAKER: Order! Member for Fannie Bay, stop your interjecting.
Mr STONE: I expect Territorians to have first call, and there is good reason for that. Let me read a minute from the Office of Courts Administration. I have deleted the name of the person to whom this is directed, and the names of counsel. It is from the chief executive officer, John Flynn, and is dated 31 July 1996:
I was rather surprised to read in today’s paper that ... was counsel
assisting the coroner in the Bathurst Island cell hanging matter. I can
anticipate that the Attorney-General will ask, perhaps prompted by
the Bar Association, why southern counsel was engaged in this matter.
The general principle should be that counsel within the jurisdiction
should be briefed unless there are compelling reasons why some
particular southern counsel should be engaged. In the ... matter, it was
understandable that ... be briefed because of his aviation experience.
A further principle, which I believe should be followed, is that, if counsel
is to be engaged, the complexity of the matter should be assessed so
that an appropriate fee level can be determined and then counsel be
engaged at that rate rather than engaging counsel and then agreeing
a fee. The Solicitor for the Northern Territory has vast experience in
this area, and could be consulted should there be any doubt about
the appropriate fee.
I would appreciate your advice as to why ... was briefed, and I would also
appreciate your confirmation that the general principles I have espoused
should be followed.
The chief executive officer finally came to me and said: ‘I give up, Attorney-General. They do not listen to me. They simply continue on their merry way’. If people talk to the law firms, and there have been a couple of letters to the editor about this issue, they will be told that the system was such that local Territorians were not being given a fair go. Hence, I have insisted that I will see who is receiving the work and I will insist that there is a fair share of work going around.
Let us see who has managed to obtain work since I put the new system in place. These are the barristers: Judith Kelly, Peter Barr, Anthony Young, Steve Southwood, Trevor Riley QC, John Reeves QC, Stephen Walsh QC, Colin McDonald QC and Alistair Wyvill. There is a nice mix of people from both sides of politics. What about the firms? These are: Cridlands, Ward
Page 72
Keller, James Noonan and Associates, Morgan Buckley, Close and Carter, Waters James McCormack, Martin and Partners, Michael Whelan and Associates, and Mildrens.
Make no mistake, the system was not working. Up to a third of the work was going out of the Territory, and that was unacceptable. It is no reflection on any former Attorney-General because it happened even when I was previously Attorney-General. We were all aware of the problem but, at the end of the day, the only way to ensure that Territory firms - firms that employ Territorians - obtained their fair slice of the cake was to be interventionist to the point where one requires departments to explain why work is going out of the Territory.
One would expect opposition members to have availed themselves of a briefing before they developed this case of foot-in-the-mouth and before they started talking about jobs for the boys. I was not aware that Alistair Wyvill was one of my boys. I was not aware that Waters James McCormack were my boys. Indeed, a whole raft of those people seem to have a particular sympathy for the other side of politics. All I want to achieve is a fair go for Territory law firms and Territory practitioners, and I would expect a little support. I suppose the opposition believes it should all go south ...
Members interjecting.
Mr STONE: You buy your tiles down south. You are quite happy not to support the government on this important initiative.
Page 73
Last updated: 09 Aug 2016