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Legislative Assembly for the ACT: 2023 Week 06 Hansard (Tuesday, 6 June 2023) . . Page.. 1565 ..

Tuesday, 6 June 2023

MADAM SPEAKER (Ms Burch) (10.00): Members:

Dhawura nguna, dhawura Ngunnawal.

Yanggu ngalawiri, dhunimanyin Ngunnawalwari dhawurawari.

Nginggada Dindi dhawura Ngunnaawalbun yindjumaralidjinyin.

The words I have just spoken are in the language of the traditional custodians and translate to:

This is Ngunnawal Country.

Today we are gathering on Ngunnawal country.

We always pay respect to Elders, female and male, and Ngunnawal country.

Members, I ask you to stand in silence and pray or reflect on our responsibilities to the people of the Australian Capital Territory.

Legislative Assembly—sub judice convention

Statement by Speaker

MADAM SPEAKER: Noting that there has been some public discussion about the prospect of legal action in relation to the Health Infrastructure Enabling Act 2023 and the Health Infrastructure Enabling Regulation 2023, I have provided a copy of a statement concerning the application of the sub judice convention in the Assembly, and I will refer to this as guidance if points of order are raised over the next few days.

Members, I have provided you with a copy of the following statement, as a point of guidance should points of order be raised over the next coming days.

The statement read as follows—

As members would be aware, sub judice simply means “under a judge” and refers to a situation in which there is a court proceeding before a court of law.

Sub judice becomes relevant, so far as the parliament is concerned, where parliamentary discussion of matters that are under active consideration by a court have the potential to prejudice the proceedings of that court or the performance of the judicial function more generally.

The rule is based on the principle of comity, or mutual respect, between the legislative and judicial branches within our system of government.

It recognises that the Assembly, its committees, and its members should not venture in territory that is properly the domain of the courts.

The seventh edition of House of Representatives Practice states that:

Notwithstanding its fundamental right and duty to consider any matter if it is thought to be in the public interest, the House imposes a restriction on itself in the case of matters awaiting or under adjudication in a court of

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