Legislative Assembly Privileges Committee

Person Referred To In The Legislative Assembly
Mr Frank Webber
November 2000

Ordered To Be Printed
By Authority
Government Printer For The State Of Victoria

No. 48 - Session 1999-2000

Members Of The Committee

Mr P. J. Loney, MP Chair
Hon J. W. Thwaites, MP Deputy Chair
Hon R. F. Cooper, MP
Mr T. J. Holding, MP
Hon R. J. Hulls, MP
Hon R. R. C. Maclellan, MP
Mr N. J. Maughan, MP
Mr D. A. Nardella, MP
Mr A. F. Plowman, MP

Staff

Mr G. H. Westcott, Clerk of Committees, Legislative Assembly
Ms L. Choat, Manager, Procedure Office, Legislative Assembly

REPORT

On 10^th October 2000 Mr Frank Webber wrote a submission to the Speaker of the Legislative Assembly, the Honourable Alex Andrianopoulos, seeking redress under Sessional Order 7 relating to the protection of persons referred to in the Legislative Assembly.
The submission referred to statements made by Mr Ross Smith MP in the Legislative Assembly on 4^th October 2000. The Speaker, having accepted the submission as a submission for the purposes of the Sessional Order, referred it to the Committee on 13^th October 2000.
The Committee met in private session on 24^th October 2000 and 14^th November 2000 to consider the submission.
In examining Mr Webber's submission the Committee was guided by the requirements and tests laid down in Sessional Orders. These are attached as Appendix 1.
Particular attention was paid to Sessional Order 7(2) which empowers the Committee to not consider a submission if it is of the opinion that the subject of the submission is not sufficiently serious, or if the submission is frivolous, vexatious or offensive. Certainly Mr Webber's submission was not frivolous, vexatious or offensive. The Committee therefore examined Mr Webber's submission against the test of seriousness and, as required, accepted as prima facie the comments made in his submission.
The Committee draws attention to Sessional Order 7(6) which requires that, in considering a submission under this Sessional Order and reporting to the House, the Committee shall not consider or judge the truth of any statements made in the House or in the submission.
In applying the test of seriousness, the Committee determined that it was reasonable to take into account the factors set out in Sessional Order 7(1)(a). The Committee was not satisfied that Mr Webber had shown that he had been adversely affected as provided by that sub-paragraph. Whilst he had shown that he was hurt by the remarks made, the Committee agreed that that was insufficient to establish either an adverse effect, or the degree of seriousness required, for the submission to be further considered.

Recommendation:

That no further action be taken in respect of the submission from Mr Frank Webber.

Committee Room