Page 4914 - Week 17 - Tuesday, 11 December 1990
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Mr Speaker, I was going on to outline to the house the factors that Attorneys in this nation generally consider in the context of an application of that kind. I have no intention of discussing the case or the facts in the matters whatsoever. Mr Speaker, the factors that Attorneys consider - and particularly the Commonwealth considers, and those are well known to me - are the financial standing of the applicants, the prospects of success, the availability of legal aid generally and the public benefit in the matter.
They encompass wider issues; but, simply put, my decision in this matter is based on the prospects of success. I concede that incorporated P and C associations may not have the financial resources in themselves - I am not referring to the members, whoever they are - to pursue litigation of this size and magnitude, nor do I deny that a matter of public interest is involved. The Government, in line with Commonwealth practice, sought to secure an opinion as to the prospects of success of the action. No formal opinion as such, in the accepted legal term, was received by me as Attorney. In the absence of a conclusive opinion, or even an opinion that provided me with a very clear indication of what the material facts were, what the remedies and actions sought were, and what courts were to be utilised, it was my view that it was not proper to advance public funds to assist a case put only at the level of solicitors' correspondence.
Mr Speaker, that is the nature of the decision. I hasten to say that the solicitors acting for the applicants have cooperated fully; their correspondence with the Government has been exemplary, as has been their approach. The simple and very difficult decision for me to make as Attorney, emotion apart, is that the legal basis for such a challenge does not exist with a reasonable prospect of success.
Royal Canberra Hospital
MR BERRY: My question is directed to the Minister for Health, Education and the Arts, Mr Humphries. On 28 November the Minister told this Assembly that to the best of his recollection he had not seen a letter which was referred to in the course of questions - a letter from a senior physician in the ACT. On 29 November in this house the Minister said:
I am certainly aware that a letter was faxed from my office -
referring to a letter that was faxed to the Canberra Times -
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