Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

ADJOURNMENT

The Acting Deputy President (Senator Reynolds) proposed the

question--That the Senate do now adjourn.

Debate ensued.

Notice of motion: Senator Chapman, by leave, gave a notice of motion as

follows: To move on the next day of sitting--

(1) That, for the reasons set out in paragraph (5), the persons or

bodies named in paragraph (2) are to cause to be laid on the

table, on or before 3 April 1995, such of the following

documents as are in their ownership, possession or control:

(a) the document known, officially or colloquially, as the

Operation Wallah Report prepared by the Queensland

Criminal Justice Commission, presented to the

Queensland Parliamentary Committee on the Criminal

Justice Commission and refused or returned by that

committee;

(b) any legal advice prepared by or for, or provided to,

any of the persons or bodies referred to in paragraph

(2) or (3), following or arising from the completion of

the Operation Wallah Report and provided to those

persons or bodies in relation to whether any

Commonwealth minister or other person may have

committed any offence against a law of the

Commonwealth; and

(c) any other brief, report, summary, memorandum or advice,

prepared following or arising from the Operation Wallah

Report, and provided to those persons or bodies in

relation to evidence which exists or which may exist

that any Commonwealth minister or other person may have

committed such an offence.

(2) That the persons and bodies referred to in paragraph (1) are:

(a) the Australian Federal Police;

(b) the National Crime Authority;

(c) the Australian Department of Defence;

(d) the Minister for Justice (Mr Kerr); and

(e) the Attorney-General (Mr Lavarch).

(3) That, for similar reasons, the Senate requests:

(a) the Queensland Criminal Justice Commission;

(b) the Queensland State Police; and

(c) the New South Wales Police,

to cause to be laid on the table such of the documents referred to

in paragraph (1) as are in their ownership, possession or control.

(4) That:

(a) in spite of anything contained in standing orders,

publication of the documents is not authorised when

they are laid on the table, and copies of the documents

are to be supplied only to the following Senators:

(i) the Leader of the Government in the Senate,

(ii) the Leader of the Opposition in the Senate,

(iii) the Leader of the Australian Democrats,

(iv) Senator Harradine, and

(v) Senator Chamarette;

(b) no further copies of the documents are to be made by or

for any Senator without either an order of the Senate

or the written approval of the person or body causing

the documents to be tabled;

(c) Senators referred to in paragraph (4)(a) may disclose

the documents to any other Senator and may place the

documents in the custody of any other Senator;

(d) until otherwise ordered, any document received or

examined by any Senator under this order is to be

treated as evidence taken in camera by the Senate; and

(e) if and when the Senate so orders, any such document is

to be returned to the person or body causing the

document to be tabled.

(5) That if the Senate is not sitting on a day when any of the

documents would otherwise be laid on the table:

(a) the document is to be supplied to the President, or if

he is not available the Deputy President, or if he is

not available a Temporary Chairman of Committees, who

is to give directions for the circulation of the

document in compliance with paragraph (4)(a) of this

resolution; and

(b) at the next sitting of the Senate, the President is to

lay the documents on the table subject to the

requirements of this resolution regarding their

confidentiality.

(6) That the reasons referred to in paragraph (1) are as follows:

(a) widespread concerns have been in public circulation for

some time, and are increasing, in relation to possible

criminal activities and certain commercial contracts

and dealings concerning the Australian Defence Force

Offsets Credit Program;

(b) there are concerns that alleged lack of propriety on

the part of former or current Ministers of the

Commonwealthmay have had an adverse impact on

Commonwealth monies, contracts or liabilities;

(c) controversy and doubt has arisen as to whether relevant

federal law-enforcement persons or bodies, including

the Minister for Justice and the Attorney-General, have

responded promptly, objectively and effectively to such

concerns which may relate to the possible commission of

offences against laws of the Commonwealth;

(d) the issue of propriety and legality in ministerial

behaviour is a matter of the utmost importance to the

Senate, all the more so if a minister with respect to

whom such concerns have arisen is or was a Senator;

(e) in such circumstances the Senate has an obligation to

satisfy itself that its expected standards of

ministerial behaviour and propriety have been met by

ministers past or present; and

(f) appropriate access to and study of the documents

ordered or requested by this resolution is necessary to

enable the Senate to determine if those standards have

been met or if the question whether they have been met

should be the subject of further Senate inquiry.

Debate continued.

The Senate adjourned at 7.23 p.m. till tomorrow at 9.30 a.m.