Andrew Wallace (Speaker) | Hansard source

Before I give the call to the member for Boothby, I do want to just reiterate the concerns that I raised last Thursday about the sub judice rule. This is a very serious issue, and I want to restate it again before members talk en masse on this bill. The sub judice rule really impacts not just upon an accused right to a fair trial but also upon a complainant—very much so.

It also impacts upon what we know and what we hold dear in this place—that is, the doctrine of separation of powers. It is not our place, as parliamentarians in this place, to comment on matters that are before the courts. And I want to make very, very clear to all members who may be sitting in their offices preparing their speeches for the debate on this bill that I'm asking all members on the Speaker's panel—the Deputy Speaker, the Second Deputy Speaker, those on the Speaker's panel—to cut short or pick up any members who might offend the sub judice convention.

I know this is a political issue, but, in this place, we have to respect the conventions that protect our systems of law. So I'm going to call upon members to be especially aware. And I say this in the light of recent comments by the Director of Public Prosecutions in the ACT, who has urged the end 'to all public commentary, including by officers of the court and public figures'. Notwithstanding the procedures that the office of the DPP in the ACT, despite the procedures it has in place, the Director of Public Prosecutions said:

"Notwithstanding this, I strongly discourage all public commentary, on active cases, including commentary about commentary, and particularly by officers of the court and public figures."

I can't state it any clearer than that. The sub judice convention is one that should be observed in this chamber, and it is one that I'm calling on all members to follow. If you are in any doubt about whether your speech might offend the sub judice rule, then I would ask you to speak with members on your respective sides that might have some legal training, for instance, and might be able to assist you in that regard.

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