George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

Well, I think he met his own test, Senator. I think Stephen Parry acted in good faith. I have no doubt that Stephen Parry acted in good faith, and I have no doubt that he did the right thing as he understood his obligations. Now, different people might understand their obligations in different ways in uncertain circumstances. I don't criticise Stephen Parry. He waited until the High Court's decision settled the law.

There is no question whatsoever that the state of the law was uncertain before the decision on 27 October, and that is obvious from the fact that, in the decision of 27 October, the High Court did not follow and apply its earlier decision in Sykes v Cleary; it adopted a much more literalist approach—what I described as a brutally literalist approach. As I say, we accept and respect that, but Senator Parry, in the circumstances, thought the right thing for him to do was to wait until the law was clarified.