Thursday, 1 August 2024

Construction, Forestry and Maritime Employees Union

John PESUTTO (Hawthorn – Leader of the Opposition) (14:07): My question is to the Premier. The letter sent to the Premier in 2022 by an Indigenous labour hire firm contained numerous allegations of criminal behaviour by CFMEU officials, including making a threat to kill, a threat to inflict serious injury and using threatening words. Why then did the Premier say on Tuesday in this house that the letter ‘did not contain allegations of criminal behaviour’?

Jacinta ALLAN (Bendigo East – Premier) (14:08): I thank the Leader of the Opposition for his question, and it gives me the opportunity to repeat what I said yesterday to the Leader of the Opposition. Allegations raised with me have been referred to the relevant authority.

Peter Walsh: On a point of order, Speaker, rule 58 says that answers to questions must be direct, factual and succinct. Can I put it to you that the Premier is none of those in how she is handling all the questions, but particularly that question, which goes to the nub of the integrity of the government in responding to questions on behalf of Victorians. I would ask you to bring her back to actually answering that question, please.

Mary-Anne Thomas: On the point of order, Speaker, I ask that you rule the point of order out of order. I would in fact contend that the Premier’s responses are each of those things: direct, factual and succinct. I would also add and remind the house that Rulings from the Chair is very, very clear that the minister has discretion to determine the content of any answer.

James Newbury: Further to the point of order, rulings from the Chair from multiple Speakers – at least five Speakers – also make clear that remarks must directly relate to the question asked.

The SPEAKER: The Premier has concluded her answer. There is no point of order.

John PESUTTO (Hawthorn – Leader of the Opposition) (14:10): In June 2023 the Premier wrote to the chief commissioner about non-specific allegations of criminal incidents on government projects. Given the Premier knew of serious criminal allegations involving the CFMEU, why didn’t the Premier’s letter actually name the CFMEU?

Jacinta ALLAN (Bendigo East – Premier) (14:11): I thank the Leader of the Opposition for his question and the opportunity to clarify for the benefit of the house that Victoria Police is indeed an independent investigative agency, that it would be deeply inappropriate for me to cut across their work ‍–

James Newbury: On a point of order, Speaker, under standing order 58(1)(b), the Premier is debating the question in an effort to not respond to the question, and I would ask you to bring the Premier to the exact question asked.

Mary-Anne Thomas: On the point of order, Speaker, there is no point of order. The Premier was being directly relevant to the question that was asked, which referenced the Chief Commissioner of Victoria Police.

The SPEAKER: I will rule on that point of order. I cannot direct the Premier how to answer the question. The Premier was just commencing her answer.

Jacinta ALLAN: I was, Speaker. Thank you for the opportunity to continue to answer the question, because I was indeed being directly relevant to the question that was asked. I was not going to direct Victoria Police on how to conduct their independent work. Others have done that in the past; that is not how we will operate.

James Newbury: On a point of order, Speaker, on standing order 58 again, the Premier is debating the question. The question asked why the Premier’s letter did not name the CFMEU.

The SPEAKER: The Premier was being relevant to the question that was asked.

Jacinta ALLAN: Where allegations have been raised with me, they have been referred to the relevant authority.

John Pesutto: On a point of order, Speaker, under standing order 58, the Premier was not being direct in her answer to the question, we would submit. The Premier said at the conclusion of her answer that she refers all matters to Victoria Police. The very specific purpose of this question was indeed to ask the Premier why she did not refer the allegations of criminal conduct by the CFMEU to the chief commissioner when she wrote to the chief commissioner and did not do that. Standing order 58 is one of the vital checks and balances on the executive. If you are not, with respect, prepared to enforce it, then what is the point of the standing order? What is the point of question time? We have not been able to elicit one substantive answer on behalf of the Victorian people.

The SPEAKER: Leader of the Opposition, I would remind you that raising a point of order needs to be done also within the rules of the house. A point of order is not an opportunity to seek a further ruling from the Chair when I have already ruled on the point of the order.