House of Assembly: Monday, 23 May 2005
QUESTION TIME\TOC\1\QUESTION TIME

KAPUNDA ROAD ROYAL COMMISSION\TOC\2\KAPUNDA ROAD ROYAL COMMISSION

The Hon. R.G. KERIN (Leader of the Opposition): Did the Attorney-General consult with the new DPP, Stephen Pallaras, regarding the Kapunda Road Royal Commission decision? In The Advertiser on 10 May 2005, the Premier said in relation to Mr Pallaras:

He was, I am told, even informed in advance about the terms of reference and thanked the Attorney-General for giving him a heads-up on the inquiry.

In a letter to The Advertiser on 12 May 2005, Mr Pallaras wrote, and I quote from the letter:

I wish to confirm my position with respect to any suggestion by the Premier, Mr Rann, or anyone else, that the government consulted me before deciding to establish the Kapunda Road Royal Commis­sion. I was not consulted in any way, shape or form about the setting up of an inquiry. On 29 April, shortly before the Premier announced the inquiry, I was advised by the Attorney-General that it had been decided to conduct an inquiry and that it would be announced later that afternoon. I thanked him for advising me. I had no input. I was informed, not consulted.

\IND\Answer:nn:The Hon. M.J. ATKINSON The Hon. M.J. ATKINSON (Attorney-General): The difference here is between the words consulted and informed. The Director of Public Prosecutions was informed in advance of the setting up of the Kapunda Road Royal Commission. He was not consulted about the terms of reference in the sense that he was asked, `What would you like the terms of reference to be?’ because, as the opposition must know, the Office of the Director of Public Prosecutions is under scrutiny over the Eugene McGee trial, so it is not for the office of the DPP to draft the terms of reference for an inquiry which will partly scrutinise the office.

Ms Chapman interjecting:

The SPEAKER: Order! The member for Bragg is under scrutiny from the chair.

The Hon. M.J. ATKINSON: This is a most peculiar question. I do not understand the gravamen of it. I am sure that the opposition has better questions to ask.

The Hon. K.O. Foley interjecting:

The Hon. M.J. ATKINSON: They don’t.

The Hon. R.G. Kerin interjecting:

The Hon. M.J. ATKINSON: The Leader of the Opposi­tion assures the house that he has no better questions than this stale interrogation.

The Hon. R.G. Kerin interjecting:

The SPEAKER: Order, the leader is out of order!

The Hon. R.G. Kerin interjecting:

The SPEAKER: Order! The leader is defying the chair. The leader will be warned in a minute.

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KAPUNDA ROAD ROYAL COMMISSION\TOC\2\KAPUNDA ROAD ROYAL COMMISSION

\IND\Question:nn:The Hon. R.G. KERIN The Hon. R.G. KERIN (Leader of the Opposition): My question is to the Attorney-General. Why did legal counsel representing the Attorney-General in the royal commission invite the Commissioner to make a suppression order when publishing his report on Kapunda Road; and did he do so at the request of the Attorney-General? It has been publicly reported that counsel for the Attorney-General, Chris Kourakis QC, submitted to Commissioner James that he could `ensure confidentiality by making an order preventing publication of Your Honour’s report’.

\IND\Answer:nn:The Hon. M.J. ATKINSON The Hon. M.J. ATKINSON (Attorney-General): I will talk to the Solicitor-General about the matter and get details of his submission, which I have read, to the royal commis­sion. I will ask him the purpose of that matter and get a full answer for the Leader of the Opposition. It seems that some Liberals are not in favour of having a royal commission at all.

One White

The Hon. R.G. KERIN: I have a supplementary question. Did the Attorney-General ask Chris Kourakis to ask for—

The Hon. P.F. Conlon: Sir, he has asked that question.

The Hon. R.G. KERIN: —the confidentiality?

##6 The SPEAKER: The Attorney does not have to answer.

The Hon. M.J. ATKINSON: My recollection is no.

Members interjecting:

The SPEAKER: Order! The member for Davenport will be warned in a minute. The leader will be warned. And the member for Bright is in dangerous territory.

Members interjecting:

The SPEAKER: The house will come to order. When the house comes to order, we will have the question. The member for Reynell.

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