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FOR – Documents — Central Land Council; Order for the Production of Documents

Maria Kovacic

At the request of Senator Nampijinpa Price, I move:

That there be laid on the table by the Minister for Indigenous Australians, by no later than midday on Friday, 18 October 2024, the minutes in full of the Council meeting of the Central Land Council held on 17 September 2024 in Tennant Creek.

Anthony Chisholm

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Anthony Chisholm

The government can't support this motion as it does not have the meeting minutes sought by Senator Nampijinpa Price. Senator Price has chosen to play politics with this matter. The senator is able to request the minutes from the Central Land Council directly. Land councils do not routinely send copies of minutes to the Commonwealth and are not required to do so. Senator Nampijinpa Price should seek these documents from the Central Land Council directly.

It is clear that the motions being sought today by Senator Nampijinpa Price are an attempt to use the Senate to further a personal vendetta in relation to the leadership of the CLC, and that is something that the senator should explain. This is particularly improper and concerning whilst Senator Nampijinpa Price is being sued for defamation by the CEO of the CLC.

Sue Lines

I just remind senators that you can't take photos in the Senate.

Question agreed to.

Maria Kovacic

At the request of Senator Nampijinpa Price, I move:

That there be laid on the table by the Minister for Indigenous Australians, by no later than midday on Friday, 18 October 2024, the following:

(a) any documents relating to leave taken by Central Land Council Chief Executive Officer, Mr Lesley Turner; and

(b) any documents relating to acting arrangements in place during Mr Turner's

leave.

Anthony Chisholm

I seek leave to make a short statement.

Sue Lines

Leave is granted for one minute.

Anthony Chisholm

This motion is completely inappropriate and a concerning use of Senate procedure. It's a matter of public record that Mr Turner, the subject of this motion, has brought defamation proceedings against Senator Price. Those legal proceedings remain underway. Senator Nampijinpa Price's motion directly names Mr Turner and asks for documents to be produced that could potentially form part of the case. The government is concerned that the Senate could be brought into Senator Nampijinpa Price's dispute or at worst potentially interfere with legal proceedings that are underway. For this reason, we will not be supporting the motion.

Sue Lines

Senator Nampijinpa Price? You need to tell me why you're on your feet.

Jacinta Nampijinpa Price

It is a point of order, because twice now, quite evidently, I have been impugned in these accusations.

Sue Lines

Senator Nampijinpa Price, that is not a point of order; it's a debating point.

Honourable senators interjecting—

That is a debatable issue. It is a point of view that you have taken and it's a point of view that Senator Chisholm has taken. But, Senator Nampijinpa Price, I am prepared to seek the Clerk's advice on this.

Honourable senators interjecting—

Senator Nampijinpa Price, I'm going to stand by what I ruled. You are, of course, free to seek leave to make a statement in the Senate at some other point. I now intend to put the—Senator McGrath?

Honourable senators interjecting—

James McGrath

I—sorry; you go ahead.

The

I advised the Senate that I would take the advice of the Clerk, which I took. I am standing by my decision. I invite the senator to seek leave to make a statement at some other time. Senator McGrath.

James McGrath

On a point of order, President, Senator Nampijinpa Price has raised a point of order under standing order 193 that her motivations have been impugned, and she has asked that Senator Chisholm effectively withdraw that imputation. I think it's up to Senator Chisholm to determine whether or not he will withdraw the imputation.

Sue Lines

That's incorrect, Senator McGrath. First of all, it's up to me to rule. I have ruled. I've given a solution to the senator and I now intend to put that vote. Senator McGrath, why are you on your feet? You're not in a debate with me.

James McGrath

I'm not debating; I'm trying to seek clarification on behalf of Senator Nampijinpa Price and other senators that the new ruling in the Senate is that, where a senator is impugned, that cannot now be withdrawn and that they have to seek—

Sue Lines

No. Senator McGrath, I will respond. You've quoted the correct standing order. It is the question of whether or not I believe there was impugnment there. It did come close; I accept that. But I have ruled and I've offered the senator a response, and I now wish to move on. Senator Canavan, no, just a moment. I'm giving you the call, but I'll also advise senators that it is really my prerogative whether or not I entertain further points of order on this. Senator Canavan.

Matthew Canavan

Thank you, Madam President. Just on your ruling, if I could briefly comment, could I ask that perhaps this does get reviewed. As you yourself just mentioned, it was maybe running close to the line there. Senator Chisholm did raise some facts in his points, but, in my view, at the very least he implied a certain motivation behind the moving of a motion in this chamber, which is clearly questioning a senator's motives. I think it might be good for the chamber if this could be reviewed in the light of day and, in particular, the transcript and what was said looked at.

Sue Lines

Senator Canavan, I sought the advice of the Clerk and I've ruled. But, in order to move on, I'm more than happy, always, to review decisions I've made, and I will do that. The question is that general business notice of motion No. 650 standing in the name of Senator Nampijinpa Price be agreed to.

Summary

Date and time: 5:09 PM on 2024-10-09
Senator Pocock's vote: Aye
Total number of "aye" votes: 29
Total number of "no" votes: 27
Total number of abstentions: 20

Adapted from information made available by theyvoteforyou.org.au