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Legislative Assembly for the ACT: 2002 Week 14 Hansard (11 December) . . Page.. 4204..


MR SPEAKER (continuing):

proceedings and to the separation of responsibilities between the Parliament and the judiciary.

I have been advised that pleadings on this matter have taken place and proceedings before the Supreme Court have been under way for some time. Although the matter has not been set down for trial, I understand that a mediation conference is scheduled to take place in the very near future. I have examined the matter and considered the advice available to me at this stage.

I have been concerned in the past to ensure that the judiciary and the legislature do not interfere with each other's proceedings. I have concluded that discussion of the matter submitted could prejudice the proceedings, and I have therefore ruled it out of order.

These matters are ultimately for the Assembly to decide, but at this stage I intend to apply today's ruling to all Assembly proceedings.

MRS CROSS: I seek leave to make a statement in response to that.

Leave granted.

MRS CROSS: I wanted to give notice that on the next day of sitting I shall move that the Legislative Assembly dissents from Speaker Berry's ruling that the matter of public importance lodged by me, concerning the Katie Bender tragedy, is out of order as it is sub judice.

MR SPEAKER: There is no convention to give notice of these sorts of proceedings, but there has been a practice, in the case of censure motions and so on, that people get on with the job. I would be content for you to do it now. You would need leave to do it now, and if that were the wish of the house, we could resolve the issue. It is entirely up to you.

MRS CROSS: I will do it tomorrow, thank you.

MR SPEAKER: I have just been reminded by the Clerk that you need to hand the notice in so that it can be on the notice paper.

MRS CROSS: I will do that, Mr Speaker.

Public Access to Government Contracts Amendment Bill 2002 (No 2)

Ms Dundas , pursuant to notice, presented the bill.

Title read by Clerk.

MS DUNDAS (10.38): I move:

That this bill be agreed to in principle.


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