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Legislative Assembly for the ACT: 2007 Week 2 Hansard (7 March) . . Page.. 307..


Ayes 7

Noes 10

Mrs Burke

Mr Smyth

Mr Barr

Mr Gentleman

Mrs Dunne

Mr Stefaniak

Mr Berry

Mr Hargreaves

Mr Mulcahy

Mr Corbell

Ms MacDonald

Mr Pratt

Dr Foskey

Ms Porter

Mr Seselja

Ms Gallagher

Mr Stanhope

Question so resolved in the negative.

Industrial relations

Mr Stefaniak: I want to raise a procedural point before we start, on a point of order, Mr Speaker.

MR SPEAKER: Go ahead, Mr Stefaniak.

Mr Stefaniak: Thank you. When I saw Mr Gentleman's motion late yesterday and looked at it again I noted that, amongst other things, it condemns Thiess's dismissal of a certain first aid worker. I had cause to follow that further because I recalled speaking to that worker and he indicated he was taking legal action. I made some inquiries as a result of that this morning, having received some further documents, and was advised by the solicitors who were acting for Thiess that the matter had been commenced.

An unlawful termination claim was filed in the Australian Industrial Relations Commission in Sydney—matter No U2007/2834—and proceedings are up and running. I understand that the claim had been made by Mr Willets and that Thiess had put in a reply, so that would seem to be very much a sub judice issue. Whether that makes the whole motion fatal is another thing, perhaps, and that is for you, Mr Speaker. But quite clearly at the very least paragraph 2 is something we certainly could not be discussing, in my submission, in this Assembly, because it is a matter very much before the court.

MR SPEAKER: I agree, Mr Stefaniak. To discuss the aspects that we would be led to by paragraph 2 would be sub judice, so I think I would rule paragraph 2 out. So far as paragraph 1 is concerned, I just draw Mr Gentleman's attention to the fact that these are matters that are being considered by a committee of which he is chair, and I would ask him to observe standing order 241 and to avoid pre-empting the report of the committee.

Mr Gentleman: Mr Speaker, on the point of order: I spoke to Mr Willets this morning. He did not indicate to me that he had initiated any action as Mr Stefaniak has mentioned, but I am happy to take your ruling on it, Mr Speaker.

MR SPEAKER: Well, Mr Stefaniak has advised the Assembly on a matter that is before the federal court, and in that light I am—

Mr Stefaniak: The Australian Industrial Relations Commission; I did—


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