Legislative Assembly Privileges Committee

Person Referred To In The Legislative Assembly

Mr Kumar Rajaratnam
Mrs Karen Rajaratnam

October 2003

Ordered To Be Printed

By Authority

Government Printer For The State Of Victoria

NO 44 — SESSION 2003

Members Of The Committee

Mr D Nardella, MP Chair
Hon R Cooper, MP Deputy Chair
Mr S Herbert, MP
Hon P Honeywood, MP
Ms J Lindell, MP
Mr T Lupton, MP
Mr N Maughan, MP
Mr V Perton, MP
Mr B Stensholt, MP

Staff

Mr G Westcott/Mrs L Choat, Clerk of Committees, Legislative Assembly
Mr G Bourke, Serjeant-at-Arms, Legislative Assembly

REPORT

On 10 April 2003 the Speaker of the Legislative Assembly received a joint submission from Mr Kumar Rajaratnam and Mrs Karen Rajaratnam seeking redress under Sessional Order 7, relating to the protection of persons referred to in the Legislative Assembly.
The submission referred to a statement made by Mr Ted Baillieu, Member for Hawthorn, on 20 September 2001. The Speaker, having accepted the submission as a submission for the purposes of the Sessional Order, referred it to the Committee on 28 April 2003.
The Committee met in private session on 4 June 2003 and, in examining the submission, was guided by the requirements and tests laid down in Sessional Order 7. These are attached as Appendix 1.
The Committee noted that the issue related to remarks made more than six months prior to the submission. Having considered the provisions in Sessional Order 7(5)(c), the Committee resolved to consider whether Mr and Mrs Rajaratnam could show that exceptional circumstances existed to explain the delay and provide any further information they considered to be relevant.
Mr and Mrs Rajaratnam supplied further information by letter of 3 September 2003. The Committee met again in private session on 14 and 15 October 2003 and resolved not to allow a right of reply on the ground that Mr and Mrs Rajaratnam had not shown exceptional circumstances to explain their delay in writing to the Speaker.
The Committee draws attention to Sessional Order 7(9) 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 the submission.

Recommendation

That no further action be taken in respect of the submission from Mr Kumar Rajaratnam and Mrs Karen Rajaratnam.

Committee Room

15^th October 2003