BURNSIDE COUNCIL

The Hon. S.G. WADE (14:47): I seek leave to make a brief explanation before asking the Minister for State/Local Government Relations a question relating to Burnside council.

Leave granted.

The Hon. S.G. WADE: The minister has previously advised the council that, on Monday 25 July, he referred a copy of the draft MacPherson inquiry report to the police commissioner. This followed a call three days earlier by premier Rann for the report to go to the Anti-Corruption Branch. The Advertiser of 3 November 2011 reports that the police refused to read the report and returned it unopened. I ask the minister:

1. On what date was the draft Burnside report returned by police and how many copies were returned?

2. Was the minister advised that police had returned the report on the basis of legal advice that to read the report would be contrary to the suppression order?

3. Considering that this advice would conflict with the advice the minister received, did the minister query the source of the legal advice to the police or query the legal advice he had received?

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (14:48): I thank the honourable member for his very important questions. First of all, the legal advice I have makes it quite clear that that report is owned by the minister. In relation to the suppression order, I have every right to be able to transfer that amongst agencies for the purposes of their reading it. You will remember that the suppression law does not make it illegal to read a suppressed report. It is quite a simple concept, really, and I do not need to spell it out much more than that.

In regard to the Hon. Mike Rann in another place making statements that it was okay to send this report on, from the very beginning, I made it quite clear that, with a suppression order on that draft report, I was not going to hand that report to any agency because I have a certain regard and respect for suppression orders. But upon receiving a written request from the police commissioner inviting me to send a copy of that report, I did so. I believe that was the most responsible course of action that I as the minister should have taken, and it is something about which I have no regrets now.

Right from the very beginning of this whole issue of the Burnside report, I have acted in good faith. I have acted in the best interests of the taxpayers of this country, people who have had unsubstantiated allegations thrown upon them, and I think I am about the only one in this chamber involved in this who has done so. I have always acted on advice and I will stand by the Crown Solicitor's advice.