Julia Gillard (Lalor, Australian Labor Party, Shadow Minister for Health and Manager of Opposition Business in the House) Share this | Link to this | Hansard source

Mr Speaker, I refer you to pages 505 and—

David Hawker (Speaker) Share this | Link to this | Hansard source

Is this a question to me?

Julia Gillard (Lalor, Australian Labor Party, Shadow Minister for Health and Manager of Opposition Business in the House) Share this | Link to this | Hansard source

It is a question to you, Mr Speaker; I am sorry for not making that clear. I refer you to pages 505 and 506 of House of Representatives Practice, which deal, as you would be aware, with the sub judice convention. I am sure you are aware that, in respect of criminal proceedings, the sub judice convention in this place is at its strictest. I refer you to the paragraph at the top of page 506 which says:

• As a general rule, matters before the criminal courts should not be referred to from the time a person is charged until a sentence, if any, has been announced; and the restrictions should again apply if an appeal is lodged and remain until the appeal is decided.

Of course, this is a general rule, and you always have discretion in the matter, but can I ask you to reflect on whether or not the question to the Attorney-General today in respect of a criminal matter where sentencing has not yet been conducted, let alone the question of any appeal decided, was properly within standing orders. Whilst of course that question has been and gone, I suspect we are seeing the start of a theme in this place, and consequently your rulings on this matter will be required in the future.

David Hawker (Speaker) Share this | Link to this | Hansard source

I thank the Manager of Opposition Business for her question. I will look at the matters again, but, as I heard the question, I believe it referred to comments by a lawyer. But I will look at it further.