Page 2704 - Week 09 - Thursday, 9 August 1990
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MR HUMPHRIES: I have answered that question already - a dozen times.
Mrs Grassby: When did you answer it?
MR HUMPHRIES: I have answered questions about costings and savings. I have made the same answer to every one of those questions.
Mrs Grassby: But you have not answered my question!
MR ACTING SPEAKER: Order! I am advised, Mrs Grassby, that Ministers cannot be forced to answer questions.
Canberra Times Site
MR JENSEN: My question is to the Attorney-General, Mr Collaery. I refer the Attorney to recent public statements by Mr Connolly about the issue of a fiat to Mr Wensing regarding the Canberra Times site. Would the Attorney care to comment on claims by Mr Connolly that he does not understand his power to issue fiat so that Mr Wensing can continue his case?
MR COLLAERY: I do not think Mr Connolly drives a Fiat, I think it is more likely to be a Saab; but his knowledge of the fiat is not all that strong! Certainly, Mr Acting Speaker, there was a report in the Canberra Times alleging that Mr Connolly said that I do not understand the fiat-granting power and that I should be issuing a fiat to enable a Mr Wensing to continue his challenge to the Canberra Times site decision.
A fiat is an instrument that enables an attorney to give status to a party. That party may not otherwise have that status to commence proceedings. Mr Acting Speaker, I have received advice today from my Law Office that my power as Attorney-General for the ACT does not extend to granting a fiat to Mr Wensing to challenge the Government's decision. The reason why I do not have the power to grant a fiat is that the fiat is directed towards a challenge relating to the provisions of the ACT Planning and Land Management Act 1988. That is a Commonwealth Act.
The reason why I do not have the standing to grant a fiat is that, as ACT Attorney-General, I only have a function to enforce the laws of the jurisdiction to which I act. As you know, Mr Acting Speaker, and as Mr Connolly would be well aware, I do not administer the Commonwealth law under which Mr Wensing seeks my fiat. Just to make this conclusive, I point out to the house that it has been held that the Attorney-General of a State cannot grant a fiat for the purpose of enabling someone to seek to restrain an alleged breach of a Commonwealth law. I can provide Mr Connolly with the case reference to that matter.
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