House of Assembly: Thursday, August 02, 2018

Contents

Private Email Accounts

Mr MALINAUSKAS (Croydon—Leader of the Opposition) (15:07): My question is to the Premier. Does the Premier stand by his remarks to the house that he is not aware of any member of his government or cabinet using a private email account for government business?

The Hon. S.S. MARSHALL (Dunstan—Premier) (15:07): When you say am I not aware of any member of the government using their private email for private business—

Mr Malinauskas: No, for government business.

The Hon. S.S. MARSHALL: Alright, so for government business. No, I am not aware of any member who has used—as we have already discussed in this house, there was some correspondence sent to minister Wade because the person who was sending the information thought that it was a private matter, I presume, but there were multiple email addresses that could be used. I don't think it is appropriate for ministers to be using ministerial or parliamentary email addresses routinely for private matters. Things happen—you want to book a trip overseas—and sometimes that does sneak into the wrong email address—

Mr Koutsantonis: That's alright, we understand that. That's different.

The SPEAKER: Order!

The Hon. S.S. MARSHALL: I am just clearing up that issue. I think that we should use a private email address where possible for private email correspondence. Sometimes that will move over into the wrong email address. I think the issue here, though, is that we don't want to see a continuation of what occurred under the previous government, and that was that there was a situation which was identified by the Independent Commissioner Against Corruption, if I am correct, where he identified that private emails were being routinely used for government business to keep it outside what could be accessed as a state record.

I am quite clear about what a state record is, and our obligations as a government under the State Records Act. It does permit the use of a private email, but it doesn't actually mean that if government business is transacted accidentally or otherwise on a private email address that it isn't still captured by the State Records Act. I am quite clear on this matter and I am not aware of any breach from any member of the cabinet.

If those opposite have a specific allegation to make, I suggest that they make it, but I am not aware of anything. Certainly, I would expect every single member of the cabinet to understand their obligations under the State Records Act. We do not want to be repeating what was identified by the Independent Commissioner Against Corruption about the previous government's misuse—continued and chronic misuse—of private email addresses to try to circumvent the obligations of that government under the State Records Act.

As was pointed out, and as I have pointed out again here today, there is no ability to essentially circumvent that because, whether they are transacted on a private email, a ministerial email or a parliamentary email, they still have different levels of requirement under the State Records Act.