Ministerial Statement

Sport SA Chief Executive Officer Complaints

The Hon. S.S. MARSHALL (Dunstan—Premier) (14:01): I seek leave to make a ministerial statement.

Leave granted.

The Hon. S.S. MARSHALL: I advise the house that the Commissioner for Public Sector Employment, Ms Erma Ranieri, has reported to me following an investigation I asked her to initiate into complaints about the conduct of the Minister for Recreation, Sport and Racing and his Chief of Staff, Ms Larissa Mallinson.

To a lesser extent, the complaints also related to Ms Kylie Taylor, Chief Executive of the Office for Recreation, Sport and Racing. The complaints were made by Ms Leah Cassidy, Chief Executive Officer of Sport SA. They arose from a meeting between the minister, his Chief of Staff, Ms Cassidy, and the Hon. Michael Wright, President of Sport SA, held at Parliament House on 24 June to discuss the concerns of Sport SA's membership about the Partnerships Program introduced this year.

Ms Cassidy alleged that she had been subjected to 'intimidatory behaviour and/or other inappropriate comments or behaviour' by the minister and Ms Mallinson during their meeting. Further, Ms Cassidy complained that on 22 July she was telephoned by Ms Taylor and asked not to attend a virtual meeting later that day between the minister, the Office for Recreation, Sport and Racing and representatives of state sporting bodies and peak associations to update them on COVID-19 and ramifications for the sporting industry.

The Commissioner for Public Sector Employment commissioned Mr Andrew Hill, a fellow of the Australian Institute of Professional Investigators, to undertake an independent investigation into the complaints of Ms Cassidy. Mr Hill conducted interviews with Ms Cassidy, Mr Wright, Ms Taylor, Ms Mallinson, the minister and also Mr Steve Baldas, an adviser to the minister, who was present for part of the meeting on 24 June.

Based on the investigation of Mr Hill, Ms Ranieri has reported to me about the meeting that gave rise to the complaints of Ms Cassidy. In preparing her recommendations to me, Ms Ranieri was assisted by legal advice from the Acting Crown Solicitor. Ms Ranieri has reported to me, and I quote:

Whilst it is clear there was a tense atmosphere in the meeting and that opposing views were aired, there is no evidence to suggest that anything which took place in that meeting amounted to behaviour that could properly be characterised as bullying or intimidatory behaviour, as has been alleged by Ms Cassidy.

Members interjecting:

The SPEAKER: Order!

The Hon. S.S. MARSHALL: It continues:

Rather, there was some strong criticism or accusations put forward by Ms Cassidy and Mr Wright and some strong responses provided by the Minister and Ms Mallinson.

Ms Ranieri has also advised of this meeting, and I quote:

Based on the available evidence and having regard to the context of the meeting, my recommendation is that I do not consider there to be a reasonable or proper basis for allegations of misconduct to be put to Ms Mallinson in relation to her conduct in the meeting.

The Hon. A. Koutsantonis interjecting:

The SPEAKER: The member for West Torrens is called to order and warned.

Mr Brown interjecting:

The SPEAKER: The member for Playford is called to order.

The Hon. S.S. MARSHALL: In relation to the virtual meeting held on 22 July, the Commissioner for Public Sector Employment has reported that, at the request of Ms Mallinson, Ms Taylor contacted Ms Cassidy to advise that as she had made an allegation of bullying, intimidation and harassment against the minister that had not been resolved, it would be in everyone's best interest if Ms Cassidy did not attend the meeting. Instead, Ms Taylor invited Sport SA to send an alternative representative. Ms Ranieri has reported to me on this matter—

Members interjecting:

The SPEAKER: Order! The Premier will resume his seat for a moment. The member for West Torrens is warned for a second time and the member for Lee is called to order. Members on my left are reminded that interjection in the course of a ministerial statement is disorderly and will not be tolerated. The Premier is making a ministerial statement by leave of the house. The Premier has the call.

The Hon. S.S. MARSHALL: Ms Ranieri has reported to me on this matter as follows, and I quote:

I do not consider there to be a reasonable or proper basis for allegations of misconduct to be put to Ms Taylor or Ms Mallinson in relation to this issue. Rather, it appears reasonably open to conclude that Ms Taylor and Ms Mallinson reasonably believed that they were acting in everyone's best interests by requesting Ms Cassidy not attend the meeting given her complaints were yet to be investigated or resolved.

The powers the Commissioner for Public Sector Employment has to investigate the conduct of public sector employees do not extend to ministerial conduct. Accordingly, while some of the commissioner's factual findings refer to the minister, the Acting Crown Solicitor yesterday provided advice directly to me in respect of the minister and any potential breach of the Ministerial Code of Conduct. Based on her consideration of Mr Hill's investigation of the minister's meeting with Sport SA, the Acting Crown Solicitor has advised me that I am able to form the view that the minister did not engage in conduct in breach of the Ministerial Code of Conduct. It is not so far publicly known—

Members interjecting:

The SPEAKER: Order!

The Hon. S.S. MARSHALL: —that it was Mr Wright who raised the Ministerial Code of Conduct at the meeting with the minister on 24 June. Mr Wright had with him at the meeting a copy of the code and quoted to the minister sections 2.4 and 2.5. Clause 2.4 deals with honesty. Clause 2.5 deals with fairness and diligence in decision-making. Mr Wright was a Labor member of this house between October 1997 and March 2014. His parliamentary service included almost nine years as a minister. Given this parliamentary and ministerial experience, Mr Wright could not have been unmindful of the fact that his action would provoke a response.

Sport SA came to the meeting with the minister to raise the concerns of its members about the Partnerships Program. Sport SA has the right to do that but not to accuse the minister of dishonesty. The Partnerships Program was implemented after 18 months of wide-reaching consultation with the sport and recreation sector. It was done very transparently, with the minister publicly releasing program guidelines to invite applications for the grants. The grant applications were submitted to the Office for Recreation, Sport and Racing. A public document issued by the minister explained the grant assessment process.

The Funding Assessment Committee comprised public servants from the Office for Recreation, Sport and Racing. The minister agreed with and signed off on the recommendations of the committee. Given the manner in which the Partnerships Program was implemented, and the very strong support my government has provided to recreation and sport in many other ways, I believe the minister was entitled to respond strongly to the suggestion of dishonesty made by the President of Sport SA.

Following the advice I have now received about this matter, I invite Mr Wright to withdraw any suggestion of dishonesty on the part of the minister. I believe it is in the interests of our recreation and sport sector that we move on from these events. Accordingly, I have also accepted the advice of Ms Ranieri and the Acting Crown Solicitor to invite Ms Cassidy, Mr Wright, the minister and Ms Mallinson to participate in some form of mediation or conciliation with a view to repairing and improving their working relationship going forward.

The Hon. S.C. Mullighan: How pathetic. You get what you pay for.

The SPEAKER: The member for Lee is warned.

Members interjecting:

The SPEAKER: The member for Hurtle Vale is called to order. The member for Kaurna is called to order.