Mr BELL - 1996-05-23
I draw the attention of the Attorney-General to the fact that the Chief Minister refused to answer the last question ...
Mr Stone: I did not refuse at all.
Mr BELL: I urge him to answer this one.
I draw the Attorney-General's attention to the view of Senator Amanda Vanstone's counsel, Anthony Morris QC, that even with statutory authorisation and with no question of personal financial benefit on Carmen Lawrence's part, the federal Labor government and ministers in that government would have been in breach of sections 71 and 86A of the Commonwealth Crimes Act in funding Carmen Lawrence's legal costs for the High Court challenges to the jurisdiction of the Marks Royal Commission. Is the Attorney-General aware that there are serious questions of NT Criminal Code liability in government ministers' personal use of public funds for private defamation cases, and therefore that what Cabinet members knew was relevant? Secondly, will the Attorney-General admit that the Cabinet, of which he was a part, obtained no independent legal advice before it made the payments to the private legal advisers of the member for Sanderson and the member for Leanyer?
ANSWER
Mr Speaker, in relation to the first question, I am not aware of that concern being held by anybody except the member for MacDonnell. If my memory serves me correctly, it is contrary to legal advice that I have received. I also note that, under standing order 112, it is improper for a member to ask for a legal opinion in Question Time.
Mr Bell: You are wrong.
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Mr HATTON: In relation to the second part of the question, it is my understanding that the government did receive independent legal advice prior to decisions being made by Cabinet, but I will confirm the details of that.
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Mr Stone: I did not refuse at all.
Mr BELL: I urge him to answer this one.
I draw the Attorney-General's attention to the view of Senator Amanda Vanstone's counsel, Anthony Morris QC, that even with statutory authorisation and with no question of personal financial benefit on Carmen Lawrence's part, the federal Labor government and ministers in that government would have been in breach of sections 71 and 86A of the Commonwealth Crimes Act in funding Carmen Lawrence's legal costs for the High Court challenges to the jurisdiction of the Marks Royal Commission. Is the Attorney-General aware that there are serious questions of NT Criminal Code liability in government ministers' personal use of public funds for private defamation cases, and therefore that what Cabinet members knew was relevant? Secondly, will the Attorney-General admit that the Cabinet, of which he was a part, obtained no independent legal advice before it made the payments to the private legal advisers of the member for Sanderson and the member for Leanyer?
ANSWER
Mr Speaker, in relation to the first question, I am not aware of that concern being held by anybody except the member for MacDonnell. If my memory serves me correctly, it is contrary to legal advice that I have received. I also note that, under standing order 112, it is improper for a member to ask for a legal opinion in Question Time.
Mr Bell: You are wrong.
Page 1421
Mr HATTON: In relation to the second part of the question, it is my understanding that the government did receive independent legal advice prior to decisions being made by Cabinet, but I will confirm the details of that.
Page 1422
Last updated: 09 Aug 2016