Page 2248 - Week 09 - Tuesday, 15 September 1992
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MS FOLLETT: Madam Speaker, I most certainly can assure the Assembly that I have not misled the Assembly. I am sure that Mr Humphries knows, as well as other members here, that I will not comment on what may or may not have been discussed in Cabinet. I think that members opposite operated under a Cabinet system while they were in government. We have adopted a Cabinet system as well. Just as the Cabinet papers from the Kaine Alliance Government are still confidential to that Government, the matters dealt with in my Cabinet are confidential to our Cabinet. I will repeat, Madam Speaker, that I have not misled the Assembly.
It is a fact that the Government has reaffirmed the substance of the guidelines which had previously been adopted by, amongst others, the Alliance Government, and under successive administrations. Those guidelines are aimed at assisting officers in the handling of requests for information. The guidelines are based on the principle that requests from members for information, other than of a readily available or factual nature, should be pursued with Ministers. I find that a perfectly normal course of action. They naturally contemplate the need to inform Ministers of matters of substance which members might be inquiring into. I believe, Madam Speaker, that I tabled those guidelines for the information of members, but anyway they are contained in an appendix to a handbook which is called "ACT Government Participation in Parliamentary and Other Inquiries". That handbook was, as I say, adopted by the Alliance Government as well as having been reaffirmed by my own Government. This is an entirely normal practice.
MR HUMPHRIES: I have a supplementary question, Madam Speaker. I ask the Chief Minister whether, without telling us the details of Cabinet decision No. 3208, she will advise the Assembly, on notice if necessary, what the general subject matter of Cabinet decision No. 3208 was about.
MS FOLLETT: I will not, Madam Speaker.
Child Sexual Assault
MRS GRASSBY: My question is to the Attorney-General. Was the Government aware of community concern that in a recent Supreme Court trial a person was convicted of a sexual offence against a child and was not given a custodial sentence?
MR CONNOLLY: Yes, I and the Government have been aware of considerable community concern arising from a recent decision of the ACT Supreme Court in which a person was convicted of a sexual assault involving a child and was not given a gaol sentence. I have discussed this matter with the ACT Director of Public Prosecutions, Mr Crispin. The Government has no power to direct Mr Crispin in relation to appeal matters, as was made clear in his recent annual report; but it is appropriate for me as Attorney to raise matters of concern with Mr Crispin. Mr Crispin indicated this afternoon that that particular matter will be appealed to the Federal Court. The grounds of appeal will be that the sentence was manifestly inappropriate. It will be argued that community expectations and community concern about the crime of sexual assault involving children is at such a level that the community expects custodial sentences when persons are convicted of sexual assaults involving young persons.
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