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<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>Legislative Council</name>
  <date date="2012-11-29" />
  <sessionName>Fifty-Second Parliament, Second Session (52-2)</sessionName>
  <parliamentNum>52</parliamentNum>
  <sessionNum>2</sessionNum>
  <parliamentName>Parliament of South Australia</parliamentName>
  <house>Legislative Council</house>
  <venue></venue>
  <reviewStage>published</reviewStage>
  <startPage num="2951" />
  <endPage num="2992" />
  <dateModified time="2022-08-06T14:30:00+00:00" />
  <proceeding>
    <name>Question Time</name>
    <text id="201211295264a0dc447c41a380000211">
      <heading>Question Time</heading>
    </text>
    <subject>
      <name>WorkCover</name>
      <text id="201211295264a0dc447c41a380000212">
        <heading>WORKCOVER</heading>
      </text>
      <talker role="member" id="605" kind="question">
        <name>The Hon. R.I. LUCAS</name>
        <house>Legislative Council</house>
        <questions>
          <question date="2012-11-29">
            <name>WORKCOVER</name>
          </question>
        </questions>
        <startTime time="2012-11-29T15:11:00" />
        <text id="201211295264a0dc447c41a380000213">
          <timeStamp time="2012-11-29T15:11:00" />
          <by role="member" id="605">The Hon. R.I. LUCAS (15:11):</by>  I seek leave to make an explanation prior to directing a question to the minister representing the minister for WorkCover on the subject of WorkCover. </text>
        <text id="201211295264a0dc447c41a380000214">Leave granted.</text>
      </talker>
      <talker role="member" id="605" kind="question" continued="true">
        <name>The Hon. R.I. LUCAS</name>
        <house>Legislative Council</house>
        <text id="201211295264a0dc447c41a380000215">
          <by role="member" id="605">The Hon. R.I. LUCAS:</by>  On 18 September, WorkCover announced that then CEO, Mr Thomson, had resigned immediately for what they described as 'personal reasons', having served just over two years of his contract. On 28 September, the Liberal Party, under freedom of information, requested a copy of any letters sent to minister Snelling and the chairman of the WorkCover board expressing concerns about the behaviour and/or actions of the chief executive officer.</text>
        <text id="201211295264a0dc447c41a380000216">WorkCover has responded to that freedom of information request by indicating that they had received a letter, but they refused it under the section of the act headed, 'Documents affecting personal affairs'. They quote subsection (2) in particular:</text>
        <text id="201211295264a0dc447c41a380000217">
          <inserted>A document is an exempt document if it contains allegations or suggestions of criminal or other improper conduct on the part of a person (living or dead) the truth of which has not been established by judicial process and the disclosure of which would be unreasonable.</inserted>
        </text>
        <text continued="true" id="201211295264a0dc447c41a380000218">Although it has been three months since the FOI request was lodged with minister Snelling, minister Snelling's office has still not responded to that particular freedom of information request. At the same time, we have been seeking copies of Mr Thomson's contract with WorkCover under the terms of the Department of the Premier and Cabinet's circular PC027—Disclosure of Government Contracts, which states under section 3:</text>
        <text id="201211295264a0dc447c41a380000219">
          <inserted>Cabinet has approved that this Circular applies to all public authorities as defined in the Public Finance and Audit Act 1987.</inserted>
        </text>
        <text continued="true" id="201211295264a0dc447c41a380000220">Under section 21, it states:</text>
        <text id="201211295264a0dc447c41a380000221">
          <inserted>Copies of executive contracts will be made available for inspection on receipt of a written request to the Chief Executive of the public authority in which the executive is employed. In the case of contracts with Chief Executives, the written request must be made to the Commissioner for Public Employment and the contract provided will include the Total Remuneration Package Value (TRPV) and the schedule in which the TRPV appears…</inserted>
        </text>
      </talker>
      <talker role="member" id="3125" kind="interjection">
        <name>The Hon. R.P. Wortley</name>
        <house>Legislative Council</house>
        <text id="201211295264a0dc447c41a380000222">
          <by role="member" id="3125">The Hon. R.P. Wortley:</by>  It's a long question.</text>
      </talker>
      <talker role="member" id="605" kind="question" continued="true">
        <name>The Hon. R.I. LUCAS</name>
        <house>Legislative Council</house>
        <page num="2964" />
        <text id="201211295264a0dc447c41a380000223">
          <by role="member" id="605">The Hon. R.I. LUCAS:</by>  This is the explanation firstly. The Commissioner for Public Employment's officers indicated that WorkCover has refused to provide copies of the WorkCover CEO's contract under the terms of this particular policy. WorkCover has refused to make available copies of the contract, saying all correspondence should be entered into with the minister. The minister has now corresponded and refused copies of the contract, saying that there are commercially confidential provisions, that their contracts are different to those of anyone else in the public sector and that the opposition should seek copies of it under freedom of information legislation. My questions are as follows:</text>
        <text id="201211295264a0dc447c41a380000224">1.&amp;#x9;Does the minister accept that WorkCover is bound by the Department of the Premier and Cabinet circular PC027—Disclosure of Government Contracts, and if so can he explain why WorkCover and he as minister have refused to comply with the requirements of that policy?</text>
        <text id="201211295264a0dc447c41a380000225">2.&amp;#x9;Will the minister now take action to ensure that WorkCover complies with the requirement of the DPC circular PC027 and if not, why not?</text>
      </talker>
      <talker role="member" id="1821" kind="answer">
        <name>The Hon. G.E. GAGO</name>
        <house>Legislative Council</house>
        <electorate id="">Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women</electorate>
        <startTime time="2012-11-29T15:15:00" />
        <text id="201211295264a0dc447c41a380000226">
          <timeStamp time="2012-11-29T15:15:00" />
          <by role="member" id="1821">The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (15:15):</by>  I thank the member for his questions and will refer them to the Minister for Workers Rehabilitation in another place and bring back a reply.</text>
      </talker>
    </subject>
  </proceeding>
</hansard>