Mr BURKE - 1994-06-28
Mr BURKE (Brennan)(by leave): Mr Speaker, I want to make a personal explanation in relation to the member for Wanguri's allegations about a letter from a Ms Mary Crabbe, a student who is also a member of the Palmerston Leisure Centre. Ms Crabbe overheard a conversation between myself and Mrs Quinnel, the manageress of the leisure centre. If the member cares to talk to Mrs Quinnel, she will back up everything I say 100%. She is totally in agreement with the comments that I make now because I have spoken to her.
My membership of the Palmerston gym was about to expire. I told Mrs Quinnel that I thought I would have to move to another gym because her gym did not open until 8.30 am. As a keen new member, I wanted to be at my electorate office early. Therefore, I wanted to use a gym that opened at 7 am, finish my PT before 8.30 am and reach my electorate office early in order to serve my constituents. I asked her if it was possible to obtain a key to access the gym early. She told me that she would look into the matter and get back to me. This was the conversation that the girl heard.
Mrs Quinnel rang me that night and said: 'Denis, if you want to get into the gym at any time, give me notice the day before. It is something we do for many people. Swimmers exercise there often. We do not make it public, but we do accede to such special requests'. I was keen to stay with that gym and that is the arrangement that we put in place.
Obviously, the girl decided to see it in her own way. She wrote the letter to me that the member tabled, and I would like to table the letter that I wrote in reply. I do not have it with me, but I will seek leave to table that letter in due course. Basically, it says to her that I would have thought that she would understand that it is appropriate for a member of this House to remain reasonably fit. My first day in this Assembly, which finished at midnight last night, was a clear indication to me that we should remain fairly fit in this job. Secondly, I said that I would have thought that she would understand and agree that I should put maximum time into my electorate and that was my sole interest in asking for early entry to the gym. Thirdly, I said that she should talk with Mrs Quinnel who would back up what I have said 100% in relation to the fact that I was not arrogant. That is not my style, nor is it the way in which I made my request.
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In respect of the reference to the Department of Defence seeking to remove me from my home, the situation is simply that, under the existing rules, the department can ask a person to vacate up to 6 months after they cease their tenure in the military. Special requests beyond that date involve a separate application and every member is entitled to make that application. I have asked the military, and my request is supported by senior officers and the local commander.
Mr Bailey: Find out who did Apex polling and you will find out who the real grubs are in this House.
Mr SPEAKER: Order!
Mr BURKE: I ask the member for Wanguri to speak to the Commander of Northern Command personally. He telephoned Canberra personally on my behalf, and supports my request entirely in that I am endeavouring to have a house built in my electorate. I have moved 8 times in my last 11 years with the military. In 24 years of service, I have moved almost every 2 years. Before coming to Darwin, I was in my previous house for 6 months and moved here early because of the requirements of the job. Given these circumstances, I have asked the military whether it can allow me to remain in my present home at market rent until my new house is built. I expect it to be built at Christmas. I consider that to be a perfectly reasonable request. I am sure that, if the member checks with the Commander of Northern Command, he will support me entirely.
Mr Bailey: You talk about being grubs in the past.
Members interjecting.
Mr Bailey: And exactly what you have done in the past? You are the Attorney-General, yet you released DPP documents in this Assembly.
Mr MANZIE: A point of order, Mr Speaker! The member for Wanguri is making claims that are contrary to standing order 62 imputing that I behaved improperly in this House. I ask you to request him to withdraw the accusation or to move a substantive motion in respect of his allegation.
Mr SPEAKER: Unfortunately, there was a fair amount of cross-Chamber chatter and I did not pick up the comment. However, if the comment was made, I ask that it be withdrawn.
Mr Bailey: The comment that he acted improperly?
Mr MANZIE: I will tell you what he said, Mr Speaker.
Mr Reed: The comment that he acted improperly is the one that you should withdraw.
Mr SPEAKER: That should be withdrawn. I am not aware of any other comments.
Mr Bailey: There was a substantive motion on the very nature of that in the past ...
Mr SPEAKER: Order! The member for Wanguri will withdraw the remark.
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Mr EDE: Mr Speaker, standing order 62 states:
No member shall use offensive or unbecoming words against the Assembly or any member of the Assembly or against any
House or member of another Australian parliament ... nor shall a member attribute directly or by innuendo to
another member unbecoming conduct or motives; and all offensive references to a member's private affairs and
all personal reflections on members shall be deemed to be highly disorderly.
The matter referred to by the Attorney-General does not exist in that standing order. We ought to be exact as to what we are talking about.
Mr MANZIE: Mr Speaker, the standing order is very clear that a member shall not 'attribute directly or by innuendo to another member unbecoming conduct or motives' and al 'offensive references to his private affairs and personal reflections on a member shall be deemed to be highly disorderly'. The member said that I acted improperly by releasing the report of the DPP in this parliament. No such report was released. A copy of a letter was tabled in this Assembly as a result of a request by the Leader of the Opposition. It was totally within the law.
Mr Bell: Good grief! It was way beyond convention. It was disgraceful!
Mr MANZIE: If members opposite have any problems in regard to this subject, they can move a substantive motion.
Mr Bailey: It would be defeated on the numbers as it was last time.
Mr MANZIE: The member for Wanguri still cannot be quiet and listen. His behaviour this morning indicates the way in which he intends to behave in this House over the next 4 years. That may be fine, but he has to behave according to the rules. If he does not withdraw, he must move a substantive motion, otherwise he is contravening standing order 62.
Mr SPEAKER: Once again, I ask the member to withdraw the remark. He claims that the minister acted improperly. It has been decided already in this House that that was not the case. He should move a substantive motion if that is his intent, otherwise he should withdraw the remark.
Mr BAILEY: I do not recall saying it.
Mr PERRON: If I may contribute, I heard the member imply that the Attorney-General had acted improperly and indeed disgracefully by tabling certain documents in the House. I heard that quite clearly. Mr Speaker, I appreciate that at the time you were engaged in other activities but he said it quite clearly, he knows that he said it and he ought to have the guts to stand up and acknowledge it!
Mr BAILEY: If that is what I said, I withdraw it!
Mr Finch: If that is what you said? What a worm of a man!
Members interjecting.
Mr MANZIE: A point of order, Mr Speaker! The member for MacDonnell made the same claim, that I behaved utterly improperly, and I ask that he be required either to withdraw that claim or to move a substantive motion in that regard.
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Mr SPEAKER: The background discussions make it very difficult to concentrate on and pick up what is being said. If the comment was made, the same rule applies.
Mr BELL: If I may speak to the point of order, that issue was ventilated in a substantive motion. In my view, having been ventilated in a substantive motion, a mere expression of my views or the views of the opposition Whip in that regard is quite within standing orders.
Mr SPEAKER: The standing orders are very clear on this point. A member cannot impute improper conduct to another member unless the member making the imputation is prepared to do so by means of a substantive motion.
Mr BELL: I do not intend to delay the Legislative Assembly's proceedings this morning but, if it were left to me to decide, I would move a substantive motion. With reluctance, I have to say that I withdraw the imputation.
Mr EDE: A point of order, Mr Speaker! I hope that my request will bring this to an end. Mr Speaker, I ask that you request members opposite also to end their cross-Chamber allegations about worms, grubs etc. Mr Speaker, you yourself know that that also is totally offensive and quite unparliamentary. If both sides cease that behaviour, we could continue with the work of the parliament.
Mr SPEAKER: I agree with that comment and I want to be fair in this regard. I ask all members to refrain from making those kinds of accusations. I know that one leads to another, but I ask all members to refrain from making those kinds of comments across the House because, if I pull up one side, I intend also to pull up the other side when I hear those comments. I ask all members to abide by that ruling.
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My membership of the Palmerston gym was about to expire. I told Mrs Quinnel that I thought I would have to move to another gym because her gym did not open until 8.30 am. As a keen new member, I wanted to be at my electorate office early. Therefore, I wanted to use a gym that opened at 7 am, finish my PT before 8.30 am and reach my electorate office early in order to serve my constituents. I asked her if it was possible to obtain a key to access the gym early. She told me that she would look into the matter and get back to me. This was the conversation that the girl heard.
Mrs Quinnel rang me that night and said: 'Denis, if you want to get into the gym at any time, give me notice the day before. It is something we do for many people. Swimmers exercise there often. We do not make it public, but we do accede to such special requests'. I was keen to stay with that gym and that is the arrangement that we put in place.
Obviously, the girl decided to see it in her own way. She wrote the letter to me that the member tabled, and I would like to table the letter that I wrote in reply. I do not have it with me, but I will seek leave to table that letter in due course. Basically, it says to her that I would have thought that she would understand that it is appropriate for a member of this House to remain reasonably fit. My first day in this Assembly, which finished at midnight last night, was a clear indication to me that we should remain fairly fit in this job. Secondly, I said that I would have thought that she would understand and agree that I should put maximum time into my electorate and that was my sole interest in asking for early entry to the gym. Thirdly, I said that she should talk with Mrs Quinnel who would back up what I have said 100% in relation to the fact that I was not arrogant. That is not my style, nor is it the way in which I made my request.
Page 16
In respect of the reference to the Department of Defence seeking to remove me from my home, the situation is simply that, under the existing rules, the department can ask a person to vacate up to 6 months after they cease their tenure in the military. Special requests beyond that date involve a separate application and every member is entitled to make that application. I have asked the military, and my request is supported by senior officers and the local commander.
Mr Bailey: Find out who did Apex polling and you will find out who the real grubs are in this House.
Mr SPEAKER: Order!
Mr BURKE: I ask the member for Wanguri to speak to the Commander of Northern Command personally. He telephoned Canberra personally on my behalf, and supports my request entirely in that I am endeavouring to have a house built in my electorate. I have moved 8 times in my last 11 years with the military. In 24 years of service, I have moved almost every 2 years. Before coming to Darwin, I was in my previous house for 6 months and moved here early because of the requirements of the job. Given these circumstances, I have asked the military whether it can allow me to remain in my present home at market rent until my new house is built. I expect it to be built at Christmas. I consider that to be a perfectly reasonable request. I am sure that, if the member checks with the Commander of Northern Command, he will support me entirely.
Mr Bailey: You talk about being grubs in the past.
Members interjecting.
Mr Bailey: And exactly what you have done in the past? You are the Attorney-General, yet you released DPP documents in this Assembly.
Mr MANZIE: A point of order, Mr Speaker! The member for Wanguri is making claims that are contrary to standing order 62 imputing that I behaved improperly in this House. I ask you to request him to withdraw the accusation or to move a substantive motion in respect of his allegation.
Mr SPEAKER: Unfortunately, there was a fair amount of cross-Chamber chatter and I did not pick up the comment. However, if the comment was made, I ask that it be withdrawn.
Mr Bailey: The comment that he acted improperly?
Mr MANZIE: I will tell you what he said, Mr Speaker.
Mr Reed: The comment that he acted improperly is the one that you should withdraw.
Mr SPEAKER: That should be withdrawn. I am not aware of any other comments.
Mr Bailey: There was a substantive motion on the very nature of that in the past ...
Mr SPEAKER: Order! The member for Wanguri will withdraw the remark.
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Mr EDE: Mr Speaker, standing order 62 states:
No member shall use offensive or unbecoming words against the Assembly or any member of the Assembly or against any
House or member of another Australian parliament ... nor shall a member attribute directly or by innuendo to
another member unbecoming conduct or motives; and all offensive references to a member's private affairs and
all personal reflections on members shall be deemed to be highly disorderly.
The matter referred to by the Attorney-General does not exist in that standing order. We ought to be exact as to what we are talking about.
Mr MANZIE: Mr Speaker, the standing order is very clear that a member shall not 'attribute directly or by innuendo to another member unbecoming conduct or motives' and al 'offensive references to his private affairs and personal reflections on a member shall be deemed to be highly disorderly'. The member said that I acted improperly by releasing the report of the DPP in this parliament. No such report was released. A copy of a letter was tabled in this Assembly as a result of a request by the Leader of the Opposition. It was totally within the law.
Mr Bell: Good grief! It was way beyond convention. It was disgraceful!
Mr MANZIE: If members opposite have any problems in regard to this subject, they can move a substantive motion.
Mr Bailey: It would be defeated on the numbers as it was last time.
Mr MANZIE: The member for Wanguri still cannot be quiet and listen. His behaviour this morning indicates the way in which he intends to behave in this House over the next 4 years. That may be fine, but he has to behave according to the rules. If he does not withdraw, he must move a substantive motion, otherwise he is contravening standing order 62.
Mr SPEAKER: Once again, I ask the member to withdraw the remark. He claims that the minister acted improperly. It has been decided already in this House that that was not the case. He should move a substantive motion if that is his intent, otherwise he should withdraw the remark.
Mr BAILEY: I do not recall saying it.
Mr PERRON: If I may contribute, I heard the member imply that the Attorney-General had acted improperly and indeed disgracefully by tabling certain documents in the House. I heard that quite clearly. Mr Speaker, I appreciate that at the time you were engaged in other activities but he said it quite clearly, he knows that he said it and he ought to have the guts to stand up and acknowledge it!
Mr BAILEY: If that is what I said, I withdraw it!
Mr Finch: If that is what you said? What a worm of a man!
Members interjecting.
Mr MANZIE: A point of order, Mr Speaker! The member for MacDonnell made the same claim, that I behaved utterly improperly, and I ask that he be required either to withdraw that claim or to move a substantive motion in that regard.
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Mr SPEAKER: The background discussions make it very difficult to concentrate on and pick up what is being said. If the comment was made, the same rule applies.
Mr BELL: If I may speak to the point of order, that issue was ventilated in a substantive motion. In my view, having been ventilated in a substantive motion, a mere expression of my views or the views of the opposition Whip in that regard is quite within standing orders.
Mr SPEAKER: The standing orders are very clear on this point. A member cannot impute improper conduct to another member unless the member making the imputation is prepared to do so by means of a substantive motion.
Mr BELL: I do not intend to delay the Legislative Assembly's proceedings this morning but, if it were left to me to decide, I would move a substantive motion. With reluctance, I have to say that I withdraw the imputation.
Mr EDE: A point of order, Mr Speaker! I hope that my request will bring this to an end. Mr Speaker, I ask that you request members opposite also to end their cross-Chamber allegations about worms, grubs etc. Mr Speaker, you yourself know that that also is totally offensive and quite unparliamentary. If both sides cease that behaviour, we could continue with the work of the parliament.
Mr SPEAKER: I agree with that comment and I want to be fair in this regard. I ask all members to refrain from making those kinds of accusations. I know that one leads to another, but I ask all members to refrain from making those kinds of comments across the House because, if I pull up one side, I intend also to pull up the other side when I hear those comments. I ask all members to abide by that ruling.
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Last updated: 09 Aug 2016