2"'1 November 2016

Dear Mr Speaker,

As I committed to do so on Novembc1 2nd, 2016, I am w riting to you today to request the referra l to th e Ethics Commi ttee of a matter which I bel ieve to be the deliberate misleading of the Parliament by the Member for Maryborough, Bruce Saunders MP.

THE FACTS:

I. On November 1st, 2016 the Member for Maryborough, in addressing the House in a Mattr:>r o f Public Interest, the Member stated: "In the three years of the former government, in my electo rate I never saw one bit of roadwork construction going on."

The Members' Statement clearly places on the record the cla im that no roadwork activity wa~ undertaken in the Maryborough electorate ove r the term of the former LNP Government.

2. Unlike the Member for Maryborough, I am aware of an extensive amount of roadwork that was undertaken in the Maryborough Electora te over the period to which the Member for Maryborough referred, inclusive of, but not limited to:

• Upgrades of the Bruce Highway/Walker St ree t intersection at Maryborough • Upgrades of the Bruce Highway/Howard and Bruce Highway/Torbanlea intersections • Additional southbound and northbound overtaking lanes on the Bruce Highway • Kilometres of newly constructed separated median lines on the Bruce Highway • Guard rails being added along a once dangerous section of the Maryborough-Hervey

Bay Road • 80 km/h speed zone on southern approach to Tiara replaced w ith 60 krn/h ahead

signs.

• Northern approach to Tiaro extension of the exist ing 80 krn/h speed zone into 60 km/ h zone to 170rn south of Jacobsen Roa d in tersection

• Infrastructure upgrade to provide p1otec tion for turni ng vehicles at Peter-sen/C ra ignish roads

• Funding allocated fo1 t he upgrade of the Poona Creek Crossing, Boundary Rel at Ookhur~ t, Moorabinda Drive at Sunshine Acre~. Chet ry Tree Drive at Glenwood, Tribune St at M aryborough. Bidwell Rd at Jumpo Creek and A-bor Three Rd at Glenwood.

MY CO NTCNTION:

Mr Sµc<1ker, I contend:

the evidence µrov ided above clearly <.111d def initively shows the M crnbc t for Mc11yhrnough's ~i ulf•nwnt to the House in [I above] was demonst rably fci ls<' c1 nd dPlilJt>rdlely

sought to mislead the House - a c•ear hreac1 o f Stand ing Ord er 266 (2 ); <incl.

II c:irrordingly, based on I hc> s11hc.1 r1n1 i;i l ilncl inront rnvertible 0v1ci0nre p rovidt>rl ahov0

l h i ~ mdtter 11o t on ly wa1 1 a11t~ i11vcsligdl iu11 liy the l:thic~ Commi t tee, but 1Jc10,ed 011 llw ev1d e11u.' p rov ided it wan ants ,i finding nf no t h111 p, less t han the del iberate 1111~lecitl ing of t he.·

i>ri rliament

':ii nre1ely.

M P 1 nlJP1

IVlC>mbe1 for Burnell

3956 Matters of Public Interest 1 Nov 2016

truck driver who complains to you about the roadworks in your electorate. He said, 'Saunders, can you cut it out? It's putting extra time on my trip. Give us a break. ' As a government, you know you are doing well when you are putting in infrastructure. In the three years of the former government, in my electorate I never saw one bit of roadwork construction going on. You know the government is going well when subcontractors pull you up to tell you that they are getting contracts and that they are very happy with the way that this government is going. Compared to the three years of the previous government, th is government is a breath of fresh air.

Ms Jones interjected.

Mr SAUNDERS: I take that interjection from the Minister for Education. Another prime example of the jobs created and the infrastructure that has occurred is the record school maintenance in the Maryborough electorate over the past three school holidays. That maintenance creates jobs. For three years, all that mob over there talked about was austerity, austerity, austerity. All they did was cut. They cut jobs everywhere. I can say that, in regional Queensland, tt1e feeling for the Palaszczuk Labor government is fantastic. This government is delivering jobs now and jobs for the future. I am so proud to be part of this government.

Public Transport, Rail Services

t?,. Mr EMERSON (lndooroopilly- LNP) (12.25 pm): It was great to see the transport minister finally come out of hiding. This morning on Steve Austin's program, the transport minister would r.iot appear, the Treasurer would not appear and the Premier would not appear. The ABC radio program Kept ringing them over and over, pleading with them to appear to explain this lndec report, which was released last night. The minister says that he knew nothing about the report. He was in complete ignorance of it. Already, we have heard him branded Sergeant Schultz.

This report is extraordinary. It shows why the minister has been branded Sergeant Schultz. We see him sitting next to the Treasurer, who has already been branded Captain Risky. This report was commissioned by the Deputy Premier. From this report it is very clear that we have Sergeant Shultz, Captain Risky and , leading it all, we have the Premier, Major Blunder, who says that she knows nothing about what is happening. Whenever a minister does something wrong the Premier is ignorant. Major Blunder, Captain Risky and Sergeant Shultz: the whole team is here today.

I refer to the lndec report that the Deputy Premier commissioned. The executive summary states-

This review has been undertaken in the context of an excellent record of service delivery.

Who does the report say that excellent record of service delivery was under?

Government members interjected.

Madam DEPUTY SPEAKER (Ms Farmer): Order! The members on my right will cease interjecting.

Mr EMERSON: I know they do not like to hear it . They do not like to know that our record was such a contrast to the incompetence of the then transport minister, Annastacia Palaszczuk , whose only strength was that she was not as bad as her predecessor, Rachel Nolan. Unfortunately, we now have the trifecta. The record of the now Minister for Transport is up there with that of former transport ministers Palaszczuk and Nolan.

I will return to the lndec report. I know that the members opposite do not want to hear about it. The executive summary states further- ·

This review has been undertaken in the context of an excellent record of service delivery.

The report states further-

The current Operating model is delivering good performance results in terms of on time running and reliabil ity ...

Page 11 of the report states that performance improved in the period 2011 to 2014-under our watch. That is the reality. In that time we saw an extraordinary improvement in reliability and on-time running. Let us not forget that, in the dark bad days under Labor and the watch of then transport minister Annastacia Palaszczuk, the reliability of the network was down to 86 per cent. At the same time, that former government put up fares by 15 per cent year, after year, after year.

Under the LNP-and Labor condemns us for how terrible we were for public transport- reliability rose to 96 per cent. That was not only the best record of reliability in Queensland Rail's history but also it was the best performing metro system in Australia. This report indicates that, under our watch, we

t\~NE MJ\DDERN MP Here are some of the results for our Mar;·borough ele6torate since the LNP Gove17nment was eleofed

in March 2012

~~~[}6~~~00tfilru~

Our Hospitals • A six-bed pa llative care unit will be opened at Maryborough Hospital in May 2015 • Orthopaedic Cent re of Excellence trial in Milryborough for orthopaedic surgery for the region plus a direct link to the Rehabilitation Centre of Excellence •Outdoor traini ng rehab area/ga rden beine bu ilt • Endoscopy Centre of Excellence with minimal wait time for endoscopy procedures • Three to four times increase in ho> pita I bed utilisa tion over th e past 18 months

• Maryborough Hospital has been set up as a sub-acute care centre for th e Fraser Coast and includes pcitients from Hervey Bay • Sen ior sta ff in the Maryboroueh Emereency Department wi th the majority of Maryborough ambulance transfers to the M aryborough Emergency Department • An increa se in maternal and child welfare support - our Mums and Bubs program • Pathology services avai lable to al l patients in the Maryborough Hospital •Fifteen more dental chairs and the waiting list at Maryborough Hospital red uced from eight long years to a matter of just months • The pu rchase of a transporter vehicle to transfer patients between Maryborough and Hervey Bay hospitals, freeing up ambu lances • Hospit;i l in the Home Program where sui table patients receive treatment from medical staff in their own home rathe r tha n being admitted to hospital • A marked increase in both medical and nursing staff • The Queensland LNP Government ho~ Cl firm policy of free hospita l care

Parks and Recreation • ~ u nd ing for shorebird surveys in Great Sa ndy M arine Park through the Friends of Parks grant program • Sport and Recreation Disaste r Recovery Program fund ing of ove r $262,600 for local fl ood- affected

sporting groups • Opening of the Toogoom Mountain Bike Trai l Network in the Vernon State Forest

~~QAJ:Pili:u>-~ Including: • Curra • Guoaldd • Thetbine •Glenwood • Guno1ah •Bau pie • T1nnanbar • Poofla •Tuan • Boonooroc • Maarcom • TidrO

• Mung.11 • Woocoo • l('cbar • Sroowf'cna • Trnana • G1anv1:1c • Aldershot • Dundathu • Duckmw1lla • Torbanlei! • Ourrum l own • Takura • Howard• Ntkcnbah • YarnlH! Est<Jtc • Dundowr.in • Lraig111sh • Toogoom • Rurrum Head~• Pile.in~ Ha11P.n

Shop 1 Comet Place 133 Lennox Street Maryborough Qld 4650. PO Box 51 Maryborough Qld 4650 .

!JTu ~ 7JWY 1I@JJ[J ~ ~ ~ mlB Email : m;:iryborough@parliament.qld.gov.au W ebsite: annemaddern.com

U.-t1l lfrsttll .< _/<11· ,\l11ryboro11g/1 flarorntc I

Spor't • Grants of $228,214 shared between four sporting organisations under the 'Get Playing' program - for capital works

• Grants of $135,794 to 22 sporting groups for 'Get Going' grants t o encourage participation in sport and provide sporting equipment to clubs

The Bruce Highv.1ay •Upgrade of the Bruce Highway/Walker Street intersecti on at M aryborough

•Upgrade of the Bruce Highway/Howard and Bruce Highway/Torbanlea intersections

•Southbound and northbound overtaking lanes on the Bruce Highway

• Safety on t he Rruce with kilometres of newly construct ed separated median lines

• And on th e M arybo ro ugh-Hervey Bay Road guard rail s have been added along a on ce

dangerous section , and ri sky vegetation clea red, whil e the Gympie-Woongool roads intersection

will now get traffic signals

Justice • Funding for an early intervention Boot Ca mp at Susa n River • Funding for the Taylor Street Legal Service, w hich services Maryborough and Tiaro

• M ore than $800,000 to fund a new at risk youth support service

Police • M aryborough appointed as the HQ for the Wide Bay Police Dist rict with additional police appointed Tiaro, Howard and M aryborough stations

'

• [ st ablishrnent of the myPo lice Maryborough blog site- myPolice.qld.gov.au/ marybo rough • Ree ular intakes of graduate constables -2:i lo Maryborough Police District since /\ pril 201 2 and three more between Maryborough and Hervey Bay stations have just been announced • Additiona l ro llout of iPads & iPhones to police

. .. : .,.~. ~

.,Speed • SOkm/ h speed zone on southern arproach to Tia ro to be removed and replaced with 60km/ h ahead signs. North ern approach to Tiara to extend existing 80krn/h speed zone into 60km/ h zone t o 170m south at Jacobsen Roa d intersection

• Infra structu re upgrade clue by December 2014 to provid e protection for turni ng vehicles at Peterscn/Cr<i ignish roads

Flooding • Funding for an upgrade to the Poona Creek Crossing, Boundary Rd at Oakhu rsl, M oorabinda Drive at Sunshine Arn;•s, Cherry Tree D1 ive al Glenwood, Tribunf> St at M aryborou gh, Bidwell Rd at Jumpo Cre€k and Arbor Th ree Rd at Glenwood • 40 per cent of fu nding for automatic nood monitors on the M ary River and Tinanc Creek • $4.8 mill ion-pl us funding for the Fraser Coast Regional Co uncil to ass ist w ith the $6 million project t o ra ise Ade ldille St reet, prov ide a 1.8 metre temporary levee, put in a permanent pump and bu ild flood walls ~o provide flood rpsilience to ci fl oorl ll:'vel of 11.4 met res to shops in Kent, Adelaide and BaLoar stree l o,

R1·11/ Jlc.<11/t-' /ur M1irrl•urnug/1 li/1•ctoralc 2

The Arts • Announcement of the Inaugura l Culture Champions • Project Puccini - the opportunity for 36 ridults and 12 children to

train, si ng and perform as part of the chorus w ith OpernQ in a new, professionally staged production of La Boheme

• American Ballet Theatre's Swan Lake was simulcri st to the Bro lg<J

and across Queensland • Government has brought 17 tours to M aryborough wi lh more to

come !!~~~!?:~tlll 1 Events ·1 · Community Cabinet wit h M iniste rs meeting over lGO consti t uents

• 'Ri se and Shine' concert at Marvborough Showgrounds

• Funding for the Teebar RodPo, the Burrum Heads Fishing Classic, the Multi-Cultura l Festival, Relish Food and Wine Festival and the Tiara Field Day

-- ~-.-

Agriculture •Mainta ined and relocated local sta ff of Department of Agr icultu re,

Fi sheries & Forestry to the Office of Natura l Resource~ and Mines

• Amendments l o the Vegetation M anagement Act to reduce t he amount o l red tape ;:i nd to allow more altern<ltive management practices w ith codes of assessment now in place • Setting up an inter im board to look at the management of the Lowei Mary River Irrigation Scheme infrastructure

fiiousing Funding to ~upport the const ruction of 24 x 2 bedroom units to provide affordable housing at Granville

for over 65's

• A 'three str ikes and you are out' pol icy to ensure that those in public housing respect both the housing and also the rights of neighbours to enjoy peacc>ful occupation of their homes • 30 per cent reduction in housing waiting list BONO LOi\NS 10 GH f OI K INTO PRIVATE RENIAI PHOPERUES 539 bond loans provided to 1·esidents of th is electorate from July 1, 2013 to May 31, 2014

Education • Aldridge State High School given Independent Public School status, one of the first in Queensl<inrl • More then S4.5 million fundi115 for our Stcile Schools for completion of al l t he bu ilding maintenance back log • One hll"1dred-and-sixteen £-Tablets for Special Needs students • ~und1ng to A cl ridge and Maryborough High Schools to accommodate the transition of Year 7 to High School • Flashing school signs at Maryborough SHS, /\Id ridge SHS and St Helen's SS • /\pp1ox. $1.453 mill ion in capital funding to St Mary's and Rive rsice Christian Colleges 101 construction works • Approx. $2.261 m Ilion in additional funding for State Schoo ls through Great Results Gurirantee • Funding for Bauplc SS & Tinana SS under t"'le Smar·t Schoob Subsidy Scheme • Our new USQHub@Maryborough JI lowing senior school students to participate in Head St<irt course in the helds of Engineering and Nursing <ind the de livery of l'ertiary Preparation courses. The State Government hns provided support in the form of a three-yea r lease of the builcing at no cost to USQ • Add itiona l Prep teacher i:l ·dc hours for Glenwood State School and Maryborough West State Srhool

NDRRA g1·ants • /\s <:l re~ull of nooding/dam agc from Cyclone Oswald $182,000for15 not-for profit organisalio'ls

• Almost $1 mrl lion under Category B & D concessiona l l oan~ for businesses/primc:iry produce r<.

• App rovPd 11 S sma ll busrness Cat er;ory C grtlnts worth $1. 202 million

•Approved 162 primary producer Category C grants worth $J .808 million.

Ga111bling and Ju11iters Co1111nunity Benefit Fund • Juprter 'c., Community Benefit Fund grants tor comrnt1nily organisati ons - $380,460.00

• Gambling Community Benefit Fund grc:i11t s for community orga:11sations - $996,814,57

• A N!.AC Centenary Cornmunity Grant s progrJ m $'12,SOO • Funding lor Fraser Coast Show dnd TePbr1r Rodeo

Enviro111nent • [vcryone's Envi1onment grant s to tlw Tiaro <ind Di stricl Li:lndcare Group, the M<iry Hrvcr Catchment

Lo or dina:i ng Group & Browns War chousc pa1 t of the Gatakc>r's WarehousC' Co111plc>.

Co1n111unities • Ec,ta bli~l 11ncn t o f a tricil progr<rn1 ul 'Fo~ LC' r int; Fdrnilit>~' - a program to ensur0 that tami li es o l chi ldr en

;i t mk of nPglPct i-lrf' given thf' .:;upport llwy nc>ed to look ;ittN thei r child ren

• Cmng fur ot1 r Co111rnu11ily gran t s $44,764.00 •Funding for Pathways organisation lor luslt•r ca n !

Boats • Funding and planning for a new bo(lt ramp ,it 13urrum

He;:ids • M arntenance on existing boat rarnp~

• 13c>C1Vf'r 1'ock boat r;rn1p t1 pgradc

lrains • Funclr11g of ovei $30 mi llion for tlw cont1m1alion of war k on L·1 e SunlrindtJr rontrilc.l nl Duwn<'r EDI/

Bornhcirclic>r with de livNy by Downer [1)1 o f th e> first rdurbi.:;lwd h it train now known ;.1c; ~p1rit of

Quc>en~lc111d; full rnn~lr uction of d rww Sµirit of Quc1.•rda110 with fou r pov11cr ca rs <rnd 1el11r b1shrnent of

th<' -,pc omf Sprrrt of Quec>nslana t ra111 (tot(ll prowct: $200 m illion) due> to he complf'lf'd IJecc•rnber Jll14

Including:• Kad1na • Miva • Go'1t~h le • Pat~rson •Glen Echo• Fo1 •~,1 View• Tinni'lnbar • Gh:nbar • Soon1pa • A1ama1.1

• Dlackmount • S<1ddow • Dund'1thu • Ted::lingu1n WFir • finrina • Gramtille • P1IPr,,ya • Aldershot •Colton• ll.urrum Town • auq:owan • Owanyilla • W;illisdn •Antlgud • t:alp,o.; • Marc,d1:.in • NP-thNhV • Tall':nn • l\orinp • Tall .!g.il .i Weir • Dunmord

• w~\t M~ryDtlfOUfh . M<iryhorour.h

il!'tll lfrsrilts /i>r .llurr/111n111g/1 Hcrt11rit11· I

M edia Alert August 1 2014

Anne M addern MP State M ember for M aryborough

Safety boost on track for Woongool Road intersect ion

M ARYBOROU GH motori sts are one step closer to a quicker and safer drive thanks to plans to install t raffic signals at the Gympie anrl Woongool Roads intersecti on in Tinana .

Anne M addern, '.>l ate MP for Maryburuugh electorate sa id today the project was in the final design stagC!s fol lowing talks with local property owners and residents.

"We <Jre a government that listens and I am pleased that we are delivering on this impor tant sa fety boost that the commun ity has been call ing for," Mrs Maddern sa id.

"The sol ution wi ll improve safety for al l road users and help deliver on our promise to

provide a strong plan for a br ighter future."

Mrs M addern said the project would also improve tra ffic efficiency by regulating conges ti on

and de lays, particularly during peak times.

"Thi s is one of the region's m ain arterial routes and we expect tra ffic volumes will continue to grow from the 14,400 vehicles cu rrently using the road on a daily basis," she sa id.

"This project wi ll deliver the most effective safety solution no t just for motorist s but

pedest r ians CJnd cyclists as well.

"Traffic signals wi ll also provide sa fe crossing points for pedestrians across Gympie and Woongool roads and we w ill also provide dedicated cycle lanes along Gympie Road.

"/\s (hese works w il l change how motorrst s previou sly used this section, we have talked with

residents and business owners about the final design.

" I acknowledge the impact of these changes, particu larly for local residents, businesses and community Eroups, and I thank the local community for the rr support.

" I look forward to delivering this important project to provide a safer road network for th e Fraser Coast."

The project. v\'htch extends f rorn Tinana Street to Schu ltz Bridge, abo include~:

• /\ left-in, left out facility al the Cornwell Street intersection;

• U-lurn facililie~ at llw Woongool Road and Central Road in ler'>Pct1on c;;;

• A protected right tu rn lane at lhe C<>n l rtil Road in1 ersection;

• Dedic ated ryrlt> !tines on Gym pie Ro21d; an rl

• lmprnved stref' t light ing, rpsu d ac ing l hP road ;rnrl i1djacent shou lder wor k~

Constructior1 is Pxpected to begin in ea rly 201 ',and be completed rnicl-year.

[Ends]

• 80km/h speed zone on southern approach to Tiaro to be removed and replaced with 60km/h ahead signs.

• North ern approach to Tiaro to extend existing 80km/h speed zone into 60km/h zone to 170m south of Jacobsen Road intersection

• Infrastructure upgrade to provide protection for turning vehicles at Pete rsen/Craignish

roads

• Upgrade of the Bruce Highway/Walker Street intersection at Maryborough

• Upgrade of the Bruce Highway/Howard and Bruce Highway/Torbanlea intersections

• Southbound and northbound overtaking lanes on the Bruce Highway

• Safety on the Bruce with kilometres of newly constructed separa ted median lines

• And on the Maryborough-Hervey Bay Road guard rails have been added along a once

dangerous section, and risky vegetation cle ared, while the Gympie-Woongool roa ds

intersection will now get traffic signa ls • major upgrade at the corner of Pete rsens Hoad and the Pialba/Burrum Heads Road with a

slip lane (big safety issue).

• Funding for an upgrade to the Poona Creek Crossing, Boundary Rd at Oakhurst, Moorabinda Drive at Sunshine Acres, Cherry Tree Drive at Glenwood, Tribune St at Maryborough, Bidwel l

Rd at Jumpo Creek and Arbor Three Rd at Glenwood • 40 per cent of funding tor automatic flood monitors on the Ma ry River and Tinana Creek • $4.8 mill ion-plus funding for the Fra se r Coast Regional Counci l to assist with the $6 millio n

project to raise Adelaide Street, provide a 1.8 me tre temporary levee, put in a pe rmanent

pump and bui ld flood walls to provide flood resi lience t o a flood leve l of 11.4 metres to

shops in Kent, Adelaide and Bazaar streets

The Hon Peter Wellington MP Speaker of the Legislative Assembly Parliament House George Street BRISBANE QLD 4000

Dear Mr Speaker,

I write in response to your letter of 8 November 2016 in relation to the letter you received from the Member for Burnett, Mr Stephen Bennett MP, alleging that I deliberately misled the House on 1 November 2016 and may therefore have committed a contempt of Parliament under Standing Order 266 of the Standing Rules and Orders of the Legislative Assembly (Standing Orders).

As you identify in your correspondence, there are three elements to be proven in order to establish

a contempt of deliberately misleading the House:

1. The statement must have been misleading;

2. The Member making the statement must have known, at the time the statement was made,

that it was incorrect; and

3. In making the statement, the Member intended to mislead the House.

I will address each of these in turn in order to demonstrate that the Member for Burnett has failed to establish the requisite elements.

1. The statement must have been misleading

In his letter to you of 2 November 2016, the Member for Burnett states: "On November 1st, 2016 the Member for Maryborough, in addressing the House in a Matter of Public Interest, the Member stated:

' In the three years of the former government, in my electorate I never saw one bit of roadwork construction going on.'

My statement can be found at page 3956 of the Official Record of Proceedings (Hansard), which can be found here: http://www.parliament.gld.gov.au/documents/hansard/2016/2016 11 01 WEEKLY.pdf

In his correspondence, Mr Bennett attempts to establish his allegation by arguing the meaning of an entirely different phrase from the one that I used and which is correctly recorded in Hansard The Member for Burnett states:

"The Members' (sic) Statement clearly places on the record the claim that no roadwork activity was undertaken in the Maryborough electorate over the term of the former LNP Government".

The Member for Burnett's argument then proceeds on the erroneous basis that my statement that "I never saw one bit of roadwork construction going on" Is interchangeable with "no roadwork activity was undertaken in the Maryborough electorate". These two statements have entirely different meanings.

Construction is defined in the Oxford Dictionary as "The action of building something, typically a large structure". This term differs in meaning from the alternative term used by the Member for Burnett.

Activity is defined in the Oxford Dictionary as "the condition in which things are happening or being done". The latter term is broader in meaning than the former and, whilst it would include construction , it would also include smaller undertakings such as pothole repairs, resurfacing, line marking, signage, mowing or any other maintenance works that clearly could not be described as construction.

My statement to the House was clear in its meaning. It was not my intention to refer to ongoing maintenance of existing infrastructure or small scale improvement works or upgrades to existing infrastructure. The focus of my statement was clearly on "roadwork construction that I have seen", which would necessarily entail the building of some new infrastructure.

The Member for Burnett has set out some examples of 'roadwork' that was undertaken during the previous term of Government, however none of those examples could be described as 'roadwork construction' within the meaning of my statement. They are all maintenance projects, upgrades and improvements to existing infrastructure.

It is my contention, therefore, that the Member for Burnett has failed to establish the first element of a contempt of the Parliament, that my statement was misleading. However, if Mr Speaker is not satisfied of this, I will now turn to the second element.

2. The Member making the statement must have known, at the time the statement was made, that it was incorrect

As I have clearly established, at the time I made the statement referred to by the Member for Burnett, I believed it to be an accurate reflection of the situation. As I stated in the House, and as I reiterate now Mr Speaker, "In the three years of the former government, in my electorate I never saw one bit of roadwork construction going on."

I believed this statement to be true when I made it in the House, and I still believe it to be true. I saw

maintenance work being undertaken. I saw small scale upgrades and improvements, but I did not

see any new infrastructure being built.

For these reasons it is my submission, Mr Speaker, that the Member for Burnett has also failed to establish the second element of an allegation of misleading the house. If, however, Mr Speaker does not accept my argument, I turn then to the third element.

3. In making the statement, the Member intended to mislead the House

As I have stated previously, I believed at the time I made the statement complained of, that the statement was correct.

I did not believe that I was misleading the House, and it was not my intention to mislead the House. I can assure you, Mr Speaker, that my statement simply sought to advise the House of the situation as I believed it to be. I still believe this to be the situation.

Mr Speaker, it is my submission that you would be satisfied that I have addressed all three elements of a charge of deliberately misleading the House, and established that the Member for Burnett has not provided any evidence or argument that would establish any of the three elements of a claim that I intentionally misled the house.

Accordingly, it is my submission to you, Mr Speaker, that I am not in breach of Standing Order 266 and, hence, not in contempt of the Parliament. I therefore respectfully submit that there would be no basis on which to refer this matter to the Ethics Committee for its consideration.

I do not believe my statement was misleading to the House or incorrect, however, I do believe that complaint from the Member for Burnett is both flawed and trivial in nature.

Standing Order 269(4) provides: "In considering whether the matter should be referred to the committee, the Speaker shall take account of the degree of importance of the matter which has been raised and whether an adequate apology or explanation has been made in respect of the matter. No matter should be referred to the ethics committee if the matter is technical or trivial and does not warrant the further attention of the House."

The allegation made by the Member for Burnett is a question of semantics. He imports a different meaning to my words than either I intended or believe to have been conveyed by the ordinary meaning of my words. His allegation is trivial in nature, and even if Mr Speaker were satisfied that he had established the three elements necessary to constitute a contempt, I respectfully contend that this would be a matter where Mr Speaker would nonetheless decide not to refer the matter to the Ethics Committee because of the trivial nature of the complaint.

I trust this information is of assistance to you. Please do not hesitate to contact me should you require any further information to assist your consideration of this matter.

Yours sincerely

Respectfully,

'