Independent Commissioner Against Corruption

Ms BEDFORD (Florey) (15:12): In September 2013, an Independent Commission Against Corruption was set up in South Australia. Unlike some other models, it was eventually legislated that our ICAC would not allow for public hearings. Rather, they would remain private until investigations were completed, when findings could be made public and recommended matters proceed to court.

Our ICAC is effective and has many powers. At the time, our new ICAC commissioner, Bruce Lander, described this provision as 'sensible'. Mr Lander said open, public hearings would create a risk of sullying the reputation of people who were innocent and that he did not see ICAC's role as shaming people who were not guilty of corruption. However, if the person's conduct did not amount to corruption, but it amounted to misconduct or maladministration, then he would make that public.

As then, I have every confidence that Commissioner Lander has, can and will produce valuable and worthy reports with private hearings, and I am concerned confidence in the ICAC process may be eroded by continuing debate without all facts being taken into consideration. I am one of many who say the sooner we get Commissioner Lander's report on Oakden, the sooner we can act upon it. These families and their loved ones deserve a swift investigation and full information on what actually happened, why systems failed and what will be done in future to see these things never happen again.

I am sorry for what has happened, for what they have experienced and for their suffering, which continues while we await the findings and recommendations. If people are found to be culpable, the families need to know there will be repercussions for those who have so dreadfully and tragically let them down and all of us down as well.

On Thursday 1 June, parliament was given short notice to consider an amendment that would give the option of making ICAC hearings open at the commissioner's discretion. Calls for this measure most recently came from the commissioner himself as he prepared to look into what had been happening at the Oakden facility. For some years, families using Oakden have had to watch knowing things were not quite right, knowing their loved ones existed in a place that has obviously not always served them well, despite receiving commonwealth accreditation annually.

Because of the commonwealth's involvement, it is fitting that the Senate inquiry, called 'Effectiveness of the Aged Care Quality Assessment and accreditation framework for protecting residents from abuse and poor practices and ensuring proper clinical and medical care standards are maintained and practised', has been called for and referred to the Senate Community Affairs References Committee on 13 June. The last day for anyone to provide a submission is 3 August, with a report scheduled for tabling on 18 February 2018. I urge anyone with any information to make a submission.

In the years before ICAC was established, I travelled in 2007, coincidentally at the same time as the member for Heysen, to look at the already established Queensland Crime and Misconduct Commission and returned an advocate. I am not a lawyer and so did not have a final view on the model to be implemented. On 13 August 2012, Attorney-General Rau gave a wideranging interview on Radio Adelaide 891 and said:

When you are dealing with an allegation of criminal behaviour by a public official, our provisions are stronger than anywhere except the Australian Crime Commission.

He went on to outline the model we have adopted, including the importance of the presumption of innocence, part of the rule of law we so rightly hold dear. He then added:

The only thing that is being protected from public disclosure here is the collection of information or the collection of evidence or the investigation of a matter. The Commissioner is able to make public statements about pretty well anything the Commissioner wants, provided that those public statements are not going to be compromising criminal prosecutions or things of that nature.

I have always made my decisions with the views of the electorate in mind. Representing my electorate is a solemn undertaking I do not take lightly. It would seem easy for some for me to join the calls for public ICAC hearings, but what would be the aim for such a measure and what would it achieve? Public interest is primarily named as the major factor and is an important part of the democratic process, but so too is the presumption of innocence and the right to legal representation. All factors must be considered, weighed and a balanced position reached.

I believe the correct vehicle for the best result on an issue of this significance is a national royal commission into aged care, similar to the child abuse and protection royal commission, because unfortunately places like Oakden are all over Australia. Royal commissions are the accepted process to guarantee the public interest of open hearings. This is balanced with legal representation and open proceedings and findings.

I am particularly interested in what measures have been put in place by the state government to assist the Oakden residents and families and to stop this from ever happening again. I have spoken with the Premier and sought his assurances that the Oakden matters will be dealt with thoroughly and expeditiously. However, that still leaves us with an aged-care system that needs a major overhaul. A royal commission should solve the fundamental and overarching issues that we as an ageing population face. The proportion of Australians aged more than 65 years is rising steadily and more and more of us will become old, frail and vulnerable, with dementia and mental illness possibly a consideration as well.

For many reasons, as a society, a growing number of us entrust the care of elderly relatives to others. Recently, my family began to know and understand only too well that type of experience. We are facing the same sad reality of Oakden-type issues. Somehow we must find a way to ensure this often repeated story gains attention and is remedied so that our frail and vulnerable older people who once supported us are valued, respected, cared for and live with dignity in a loving and nurturing environment. A royal commission will examine all aspects of aged care.