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Legislative Assembly for the ACT: 1997 Week 8 Hansard (28 August) . . Page.. 2616 ..

MR HUMPHRIES (continuing):

As for urging the Law Society to publish the name, the question of publication of the name is a matter for the Professional Conduct Board. That board has representatives of both lawyers and lay people on it. In fact, a former member of this place is a member of the Professional - - -

Mr Osborne: Five lawyers and two lay people.

MR HUMPHRIES: That is true. That body has representation, but by no means a majority, of lay people on it; that is true. I do not have the power to intervene to force them to name the person concerned. I do not know who the person concerned is. I tried to find out for my own interest today, and I do not know.

Mr Osborne: We are trying, too. Do not worry.

MR HUMPHRIES: I have a feeling that if you find out we will all know, Mr Osborne. Mr Speaker, for my part, I do not have the power to go behind the law and say the power vested by legislation in the Professional Conduct Board to deal with these matters as it sees fit, subject to the law, should be overridden by an Attorney-General who comes in and says, "I know better than you do, although I have not heard the facts of the case, and I will make a decision which is different from yours". Maybe those bodies should not have the power not to name people.

Mr Osborne: Guilty or not guilty. It is pretty simple, is it not?

MR HUMPHRIES: Perhaps it is simple. I do not know. I do not know the facts of this matter. Maybe they are simple; maybe they are not simple. Mr Speaker, I think we need to know; but, as I say, this does need to be progressed through a proper process, rather than me coming in and deciding that I know better than these people. I am prepared to convey to the Law Society the concern which is being expressed by you, and perhaps other members in this place, about the processes concerned, and to ask for justification of a system which does not publish the names of lawyers in those circumstances.

MR WHITECROSS: Mr Speaker, my question without notice is to Mrs Carnell in her capacity as Chief Minister. Chief Minister, I refer to an article which appeared in the Canberra Times yesterday.

Mrs Carnell: I did not read that either.

MR WHITECROSS: You have not had a chance to read today's Canberra Times. Maybe you have had a chance to read yesterday's.

Mrs Carnell: No.

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