House of Assembly Fifty-Fourth Parliament, Second Session (54-2) 54 2 Parliament of South Australia House of Assembly published Question Time Data Harvesting Data Harvesting Mr MALINAUSKAS House of Assembly Croydon Leader of the Opposition Data Harvesting Mr MALINAUSKAS (Croydon—Leader of the Opposition) (14:55): My question is to the Premier. Is the Premier concerned that his chief executive, Nick Reade, is deliberately withholding information regarding Ombudsman inquiries into the Premier? With your leave, sir, and that of the house, I will explain. The Speaker House of Assembly The SPEAKER: The leader might just resume his seat for a moment. The Minister for Energy and Mining rises on a point of order. The Hon. D.C. VAN HOLST PELLEKAAN House of Assembly The Hon. D.C. VAN HOLST PELLEKAAN: Standing order 97: regardless of what explanation might be about to come, it is no excuse for the argument that was just put by the leader. The Speaker House of Assembly The SPEAKER: It was a relatively colourful argument. The leader might take an opportunity to rephrase the question and, as I anticipate, seek any necessary leave. Mr MALINAUSKAS House of Assembly Mr MALINAUSKAS: My question is to the Premier. Is the Premier concerned that his chief executive of his department is deliberately withholding information from the Premier? With your leave, sir, and that of the house, I will explain. Leave granted. Mr MALINAUSKAS House of Assembly Mr MALINAUSKAS: Today, during the course of the CPIPC hearing, the Ombudsman, Mr Wayne Lines, was asked questions regarding information that the Department of the Premier and Cabinet had regarding the Ombudsman's inquiries into the misuse of data. The member for West Torrens asked, 'Have they responded to those inquiries?'—they being the Department of the Premier and Cabinet. Mr Lines' response was, 'Yes.' The member for West Torrens then asked, 'Have they given you submissions?' Mr Lines said, 'Yes.' Then the member for West Torrens asked, 'Was that by Nick Reade or by—' Mr Lines said, 'Yes, the chief executive.' Then the member for West Torrens asked, 'Denying the allegations or further investigating them?' The Ombudsman then said, 'Denying any involvement by the department,' to which the member for West Torrens said: So the department has said, 'We are not involved in this at all. This is all coming out of a political party and the Premier's office.' The Ombudsman replied, 'That's my understanding, yes.' The Hon. V.A. CHAPMAN House of Assembly Bragg Deputy Premier Attorney-General Minister for Planning and Local Government The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General, Minister for Planning and Local Government) (14:57): I think it has been very clear— Members interjecting: The Speaker House of Assembly The SPEAKER: Order! The Hon. V.A. CHAPMAN House of Assembly The Hon. V.A. CHAPMAN: —that there has been an invitation via the original inquiry by the Privacy Committee with all government departments, of which they then made a finding that there had been no evidence of private data being harvested and no breach of the privacy rules. But consistent with his indication at the time, that he would refer the matter—his report, that is—to the Ombudsman's office, who by that stage had indicated that he would await the consideration of the Privacy Committee. That was the process that happened earlier this year and, on all the information that was available at that time, that was the position. Mr Lines has, as the Ombudsman, given evidence this morning at the committee. He has outlined his position on a number of things and, in response to questioning, he identified in relation to the question of the NationBuilder data what were hysterical claims, frankly, at that stage by the opposition, that that was a matter on which he answered questions, consistent with what we all know, and that is that department heads were asked to provide information, etc.—and that is all completely in the public arena. That indeed is a matter on which, as I am briefed, there were some jurisdictional question marks in his mind—which the Leader of the Opposition clearly knows about because he is quoting from the transcript—and he has referred the matter for assessment to the OPI. I remind members, and I remind members on the opposite side, that they were in government at the time that they amended the ICAC Act in South Australia to make provision for the OPI, that is, the Office for Public Integrity— Members interjecting: The Speaker House of Assembly The SPEAKER: Order! The Hon. V.A. CHAPMAN House of Assembly The Hon. V.A. CHAPMAN: —to be the gatekeeper in relation to these matters for assessment. So, we will— The Hon. A. Koutsantonis interjecting: The Speaker House of Assembly The SPEAKER: Member for West Torrens! The Hon. V.A. CHAPMAN House of Assembly The Hon. V.A. CHAPMAN: —as we have always through this matter, notwithstanding hysterical claims by the opposition, await the outcome of the inquiry. The Hon. A. Koutsantonis interjecting: The Speaker House of Assembly The SPEAKER: The Deputy Premier will resume her seat for a moment. Interactions between members across the floor are a form of interjection that I have previously referred to as being particularly disorderly. The exchange in this case between the leader and the Premier distracts from the minister who is endeavouring to answer the question. I just highlight that. That form of interjection on my right and on my left will cease. The Deputy Premier is entitled to be heard in silence. The Deputy Premier has the call. Has the Deputy Premier concluded her answer? The Hon. V.A. CHAPMAN House of Assembly The Hon. V.A. CHAPMAN: We will await the assessment of OPI, which is the gatekeeper on these matters.