<!--The Official Report of Parliamentary Debates (Hansard) of the Legislative Council and the House of Assembly of the Parliament of South Australia are covered by parliamentary privilege. Republication by others is not afforded the same protection and may result in exposure to legal liability if the material is defamatory. You may copy and make use of excerpts of proceedings where (1) you attribute the Parliament as the source, (2) you assume the risk of liability if the manner of your use is defamatory, (3) you do not use the material for the purpose of advertising, satire or ridicule, or to misrepresent members of Parliament, and (4) your use of the extracts is fair, accurate and not misleading. Copyright in the Official Report of Parliamentary Debates is held by the Attorney-General of South Australia.-->
<hansard id="" tocId="" xml:lang="EN-AU" schemaVersion="1.0" xmlns:xlink="http://www.w3.org/1999/xlink" xmlns:xml="http://www.w3.org/XML/1998/namespace" xmlns:xsi="http://www.w3.org/2007/XMLSchema-instance" xmlns:mml="http://www.w3.org/1998/Math/MathML" xsi:noNamespaceSchemaLocation="hansard_1_0.xsd">
  <name>House of Assembly</name>
  <date date="2021-09-22" />
  <sessionName>Fifty-Fourth Parliament, Second Session (54-2)</sessionName>
  <parliamentNum>54</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>House of Assembly</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="7264" />
  <endPage num="7674" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding>
    <name>Grievance Debate</name>
    <text id="2021092243d447c2dcc44a8db0000948">
      <heading>Grievance Debate</heading>
    </text>
    <subject>
      <name>Data Harvesting</name>
      <text id="2021092243d447c2dcc44a8db0000949">
        <heading>Data Harvesting</heading>
      </text>
      <talker role="member" id="633" kind="speech">
        <name>The Hon. A. KOUTSANTONIS</name>
        <house>House of Assembly</house>
        <electorate id="">West Torrens</electorate>
        <startTime time="2021-09-22T15:33:28" />
        <text id="2021092243d447c2dcc44a8db0000950">
          <timeStamp time="2021-09-22T15:33:28" />
          <by role="member" id="633">The Hon. A. KOUTSANTONIS (West Torrens) (15:33):</by>  The stench of corruption has reached the very top of this government. The stench of corruption has reached the Premier's office. The stench of maladministration and misconduct has finally now been revealed.</text>
        <text id="2021092243d447c2dcc44a8db0000951">This government in its first term has lost a minister to misconduct, a minister to a travel rort scheme, the President of the Legislative Council, the Government Whip and a backbencher. Now we see that the Ombudsman has conducted an assessment of the data misuse scandal gripping the government, and he has found that it warrants referral to the Office for Public Integrity because he considers there is the potential for maladministration, misconduct and corruption.</text>
        <page num="7599" />
        <text id="2021092243d447c2dcc44a8db0000952">Members might ask, 'Why isn't the Ombudsman reporting on that himself?' He told us today. He does not have the authority to do so. Why? The Ombudsman cannot inquire off his own motion into a minister. So I asked him who is it that he suspects this has occurred. What did he say? The Office of the Premier and the South Australian Liberal Party—a crime family.</text>
        <text id="2021092243d447c2dcc44a8db0000953">Members might laugh and think it is funny. Isn't it amazing the number of South Australians who are receiving emails unprompted from the Premier's smiling face telling them how great they are, how good the government is—unsolicited emails, unsolicited messages on Facebook, coming out of nowhere. Where has this information come from? How does the Premier know who to send an email to? Whose Facebook sites were sent a message? How is it that the algorithm knows exactly what message to pop up when?</text>
        <text id="2021092243d447c2dcc44a8db0000954">Well, we had our suspicions and now our suspicions have been confirmed because the Ombudsman has found a prima facie case and he said so today in the committee. He said it relies on a conspiracy between the Liberal Party and the Office of the Premier. The Department of the Premier and Cabinet denied the allegations. Mr Nick Reade said, 'Don't look at us. It wasn't us. It is the Office of the Premier or the Liberal Party.' To be clear, Mr Reade is not accusing the Office of the Premier of wrongdoing, just that they are innocent and any inquiry should be directed towards the Office of the Premier. Well, with friends like that who needs enemies?</text>
        <text id="2021092243d447c2dcc44a8db0000955">What we do know is that the OPI is an independent body that triages complaints regarding corruption, maladministration and misconduct. The ICAC commissioner told us today that they also do a verification process. That is, what is the intent and motive of the person making the complaint? For example, when I complain about the Minister for Infrastructure and Transport, there is political motive. But when an independent statutory officer makes a referral to the OPI, that is a different case altogether.</text>
        <text id="2021092243d447c2dcc44a8db0000956">While the Ombudsman has put out a press release clarifying his exact statements, it is important what he has not corrected. He did say he has made an assessment, and his assessment stands, and his referral to the OPI stands. A public officer who has made a referral to the OPI does so because they have established a prima facie case and a suspicion of (a) corruption, (b) misconduct or (c) maladministration. Into whom? The Office of the Premier and the Liberal Party of South Australia.</text>
        <text id="2021092243d447c2dcc44a8db0000957">We were told and assured by the government there was nothing to see here, that they had investigated themselves and cleared themselves and everything was fine. Now we find that those assurances meant nothing. In fact, the Premier today even refused to answer most of the questions. You would think if you were innocent you would get up and answer all these questions. Instead, the Premier chose to remain silent. Of course, the right to silence is a right of those accused.</text>
      </talker>
      <talker role="member" id="4343">
        <name>The Hon. J.A.W. GARDNER</name>
        <house>House of Assembly</house>
        <text id="2021092243d447c2dcc44a8db0000958">
          <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  A point of order, sir.</text>
      </talker>
      <talker kind="speech" role="office">
        <name>The Speaker</name>
        <house>House of Assembly</house>
        <text id="2021092243d447c2dcc44a8db0000959">
          <by role="office">The SPEAKER:</by>  The member for West Torrens will resume his seat for a moment and the clock might be paused at that point. The Minister for Education rises on a point of order.</text>
      </talker>
      <talker role="member" id="4343">
        <name>The Hon. J.A.W. GARDNER</name>
        <house>House of Assembly</house>
        <text id="2021092243d447c2dcc44a8db0000960">
          <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  The member for West Torrens is clearly imputing improper motive to another member.</text>
        <text id="2021092243d447c2dcc44a8db0000961">
          <event kind="interjection">Members interjecting:</event>
        </text>
      </talker>
      <talker kind="speech" role="office">
        <name>The Speaker</name>
        <house>House of Assembly</house>
        <text id="2021092243d447c2dcc44a8db0000962">
          <by role="office">The SPEAKER:</by>  Order!</text>
      </talker>
      <talker role="member" id="4343">
        <name>The Hon. J.A.W. GARDNER</name>
        <house>House of Assembly</house>
        <text id="2021092243d447c2dcc44a8db0000963">
          <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  Sorry, it could not be clearer.</text>
        <text id="2021092243d447c2dcc44a8db0000964">
          <event kind="interjection">Members interjecting:</event>
        </text>
      </talker>
      <talker kind="speech" role="office">
        <name>The Speaker</name>
        <house>House of Assembly</house>
        <text id="2021092243d447c2dcc44a8db0000965">
          <by role="office">The SPEAKER:</by>  Order, members on my left!</text>
      </talker>
      <talker role="member" id="4343">
        <name>The Hon. J.A.W. GARDNER</name>
        <house>House of Assembly</house>
        <text id="2021092243d447c2dcc44a8db0000966">
          <by role="member" id="4343">The Hon. J.A.W. GARDNER:</by>  Further, I would raise the further point of order that there were significant interjections by a number of those opposite after you had warned them multiple times.</text>
        <text id="2021092243d447c2dcc44a8db0000967">
          <event kind="interjection">Members interjecting:</event>
        </text>
      </talker>
      <talker kind="speech" role="office">
        <name>The Speaker</name>
        <house>House of Assembly</house>
        <page num="7600" />
        <text id="2021092243d447c2dcc44a8db0000968">
          <by role="office">The SPEAKER:</by>  Order! Members on my left and on my right are perfectly entitled to raise a point of order. It is incumbent upon the Speaker to rule, a point of order having been raised. What has been made clear, including in the course of question time today, is that it is within the capacity of the government to determine any minister to answer a question, and that has taken place.</text>
        <text id="2021092243d447c2dcc44a8db0000969">There is no occasion to impute motives the result of one minister determining to answer a question rather than another one. The member for West Torrens will not draw any imputation from that matter in the course of question time. The member for West Torrens has the call.</text>
      </talker>
      <talker role="member" id="633" kind="speech" continued="true">
        <name>The Hon. A. KOUTSANTONIS</name>
        <house>House of Assembly</house>
        <text id="2021092243d447c2dcc44a8db0000970">
          <by role="member" id="633">The Hon. A. KOUTSANTONIS:</by>  I asked the Ombudsman, 'You are covered by privilege here, and it is the parliament asking you.' He responded:</text>
        <text id="2021092243d447c2dcc44a8db0000971">
          <inserted>Yes. What I can say is that I have completed my assessment, and the information that is available to me is that the error or the problem has not arisen from within a government agency over which I have jurisdiction.</inserted>
        </text>
        <text continued="true" id="2021092243d447c2dcc44a8db0000972">I asked, 'Where has the error arisen?' He said, 'With a political party.' I said, 'Like the Liberal Party?' He said, 'Yes, that's my assessment.' I said, 'You have found corruption, maladministration or misconduct and referred it to the OPI?' He replied, 'Yes.' That is damning.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>