Premier Chief Of Staff To Sue NSW Parliament To Stop Arrest

Premier Chris Minns’ chief of staff is suing NSW Parliament in an attempt to avoid fronting a parliamentary leak inquiry.

James Cullen was summoned by the Privileges Committee to appear on Wednesday morning as part of its investigation into whether parliamentary laws were breached in the leaking of section of a then-privileged report into the proposed sale of Rosehill Racecourse.

Cullen filed a challenge to section 8 of the Parliamentary Evidence Act arguing that “that it compromises the institutional integrity of the Supreme Court”.

Under the 120-year law, parliament can order a witness to attend hearings and inquiries and seek to have a warrant issued for their arrest if they refuse.

“The Committee’s proposed course of action raises complex questions of constitutional law, which I will be testing in the proceeding,” said Cullen in a statement.

“I will be arguing that the law enacted in 1901 is unconstitutional because it doesn’t take into account the independence of the judiciary.”

Acting president of the Legislative Council Rod Roberts said the parliament would “vigorously defend” the case, and had already engaged with senior council.

“That being that the Legislative Council and its committees have the power to compel the attendance of witnesses, not being members of either house of the parliament, to attend and give evidence, in accordance with the provisions of the Parliamentary Evidence Act,” Roberts said.

“A bit ridiculous”, says Minns

Speaking to media on Thursday, Minns said there was “a view that the Legislative Council is treating the Supreme Court almost like a rubber stamp”.

“I also make the point that this is the fifth, or maybe the sixth, inquiry that he’s been pulled into, and other staff have been pulled into, junior staff, senior staff, all in an attempt to pursue some fishing expedition.

“I understand the temptation for politicians to do that and pursue that, but we also have to think about people that want to work in government or in politics to get hauled before an inquiry headed by, or with a member like, Mark Latham seems a bit ridiculous.”

In a statement to CityHub, a spokesperson for the NSW Government said the government “understands that a witness is challenging s8 of the Parliamentary Evidence Act on the basis that it compromises the institutional integrity of the Supreme Court.”