Legislative Assembly Privileges Committee

Persons Referred To In The Legislative Assembly

Ms Deborah Jones

Ms Adriana Bowes

Mr Peter Turley

October 2001

Ordered To Be Printed

By Authority

Government Printer For The State Of Victoria

No. 103 - Session 1999-2001

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

** Hon J Thwaites MP withdrew from the deliberations of the Committee

REPORT

On 17^th November 2000 the Speaker of the Legislative Assembly received a joint submission from Mr Stephen Cadusch, Mr Peter Turley, Ms Deborah Jones, Ms Adriana Bowes, Mr Danny Hayes, Mr Bob Holloway and Ms Debbie Cutting 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 the Honourable John Thwaites, Minister for Health, in the Legislative Assembly on 15^th November 2000. The Speaker, having accepted the submission as a submission for the purposes of the Sessional Order, referred it to the Committee on 27^th November 2001.

The Committee met in private session on 11^th December 2000 to deliberate on this joint submission.

The seven complainants were former board members of McIvor Health and Community Services. Four members were re-appointed to the Board (Mr Cadusch, Mr Hayes, Mr Holloway and Ms Cutting) but resigned in protest when Mr Turley, Ms Bowes and Ms Jones were not also re-appointed. After considering this submission the Committee resolved to only accept an application for right of reply from Mr Turley, Ms Bowes and Ms Jones. The Committee is of the opinion that the decision of Mr Cadusch, Mr Hayes, Mr Holloway and Ms Cutting to resign from the Board was voluntary and therefore negates their application for a right of reply.

On 31^st May 2001 the Committee received a revised application for right of reply from Mr Turley, Ms Bowes and Ms Jones. The Committee met again in private session on 6^th June 2001 and agreed to a right of reply.

A finalised submission was received and agreed to by the Committee on 17^th October 2001. In agreeing to the attached response, the Committee did not consider it necessary to consult either with Mr Turley, Ms Bowes, Ms Jones, or the Minister for Health.

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.

Recommendation

That a response by Mr Turley, Ms Bowes and Ms Jones, in the terms specified at Appendix 1 and agreed to by Mr Turley, Ms Bowes and Ms Jones and the Committee, be published with this report.

Committee Room
17^th October 2001