Tuesday, 15 August 2023

Questions without notice and ministers statements

Government integrity

David DAVIS (Southern Metropolitan) (12:06): (225) My question is to the Attorney-General. I refer, Attorney, to the Premier’s media release of 15 June 2020 in which he stated:

The Attorney General has referred the allegations –

about Mr Somyurek –

aired on Channel 9’s 60 Minutes on Sunday, 14 June and the articles published by The Age on 14 June 2020 to the Independent Broad-based Anti-corruption Commission and to Victoria Police for investigation.

I therefore ask: will you refer Lily D’Ambrosio to IBAC in the same way you referred Mr Somyurek?

The PRESIDENT: I am just mindful – and I am happy to be corrected – that the question referred to the minister’s responsibility in the last term. I am happy to hear points of order, but that is my concern as far as upholding this –

David DAVIS: Well, then I ask, President, on a point of order, whether the minister will take an action in this term to refer Minister D’Ambrosio to IBAC. They are similar allegations, and in the last term she referred a minister to IBAC. In this case, in this term, I am asking with similar allegations: will she refer a minister today to IBAC?

The PRESIDENT: Thank you for your point of order. As I said, I am just concerned about whether we are in line with the standing orders. But the minister is prepared to answer, so I will call the minister.

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:08): I am prepared to respond. Mr Davis, I was not the Attorney-General in July 2020.

David DAVIS (Southern Metropolitan) (12:09): Attorney and Leader, the Australian reports today suggest the falsification of documents likely occurring in the electorate office of Lily D’Ambrosio, a minister of the Crown, and that payment of ALP memberships of dead people occurred and was directed from the minister’s electorate office, and I therefore ask: how is it tenable that a minister of the Crown remains in place with potential breaches of the Crimes Act hanging over their head?

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:09): Mr Davis, I understand that the minister has made public comments in relation to this matter. But it is an internal party matter and certainly not a responsibility –

David Davis: On a point of order, President, a breach of the Crimes Act with the falsification of documents is not only an internal party matter. A potential breach of the Crimes Act is something that is relevant, and the Attorney and also the minister representing the Premier –

The PRESIDENT: Mr Davis, you know if you are going to make an allegation against a sitting member then you have to do it by a substantive motion, not a point of order during question time. As I said, I was concerned about the framing of this question and whether it falls inside the standing orders. I appreciate when a minister says they are prepared to respond. The minister did not say she was prepared to answer but to respond. She responded. Then, in her supplementary response – which she has got 42 seconds for if she wants – she answered that it is a matter for a political party, and we have had precedent here a number of times when previous Presiding Officers, not me, have ruled out questions that are under the remit of a political party.

David Davis: But this is a Crimes Act matter.

The PRESIDENT: That is what you are alleging. As I said, if you want to make an allegation against a sitting member, you cannot do it in a point of order during question time. The minister has got 42 seconds if she wants to continue her response. She does not.