Legislative Council Fifty-Fourth Parliament, Second Session (54-2) 54 2 Parliament of South Australia Legislative Council published Question Time Question Time Homelessness Homelessness The Hon. K.J. MAHER Legislative Council Leader of the Opposition Homelessness The Hon. K.J. MAHER (Leader of the Opposition) (14:19): I seek leave to make a brief explanation before asking a question of the Minister for Human Services regarding homelessness. Leave granted. The Hon. K.J. MAHER Legislative Council The Hon. K.J. MAHER: From media reports, but moreover from statements that the minister has made this week, we know that the Chief Executive of the Department of Human Services personally attended a street kitchen run by volunteers at Whitmore Square and, at the very least, asked or suggested that they shouldn't be there. The Facebook page that the street kitchen organises said on 3 August: Last week organisers of the street kitchen were approached by representatives of the Department of Human Services, who claimed they were doing so on behalf of the SA State Premier. The spokeswoman, called Lois, said she would be using the resources available to her to make sure we don't set up our service in Whitmore Square any more. The minister, in an answer to a question on Tuesday this week, admitted that she was aware of her chief executive's actions prior to the media reports on Sunday. The minister admitted to this chamber in answer to a question, also on Tuesday, that her chief executive is not responsible for homelessness within the department. In fact, when asked what role her chief executive has in the design, awarding or monitoring of homelessness contracts, the minister said point-blank, 'None.' In answer to a question, again on Tuesday this week, the minister informed the chamber that the issue of the street kitchen in Whitmore Square was entirely a matter for the local council. The minister said—and I will quote exactly—'Those rules are something that are a matter for the Adelaide City Council.' We know from media reports that the Chief Executive of the Department of Human Services owns residential property very close to Whitmore Square. We also know from media reports that the Chief Executive of the Department of Human Services has business interests in Sparkke at the Whitmore, which is situated on Whitmore Square. Importantly, the official ICAC conflict of interest training module states: A perceived conflict of interest arises where a fair and reasonable person might perceive that a public officer's actions or decisions when carrying out their duties might be influenced by their private interests. The person with the conflict of interest may believe a conflict does not actually exist. However, this belief is irrelevant. I will repeat that piece: However, this belief is irrelevant. The appearance that the public officer's decision-making might be influenced by their personal interests is enough to compromise their actions and decisions. So we know that the chief executive of the minister's department sought to shut down, or at the very least sought to move on, a street kitchen that supports homeless people and is located immediately in the vicinity of where the chief executive owns residential property and has a business interest. We know— The President Legislative Council The PRESIDENT: The leader ought to bring his explanation to a conclusion. The Hon. K.J. MAHER Legislative Council The Hon. K.J. MAHER: I am coming there. We know from admissions— Members interjecting: The President Legislative Council The PRESIDENT: Order! The Hon. K.J. MAHER Legislative Council The Hon. K.J. MAHER: We know from admissions that the minister has made this week in the chamber that the chief executive has nothing to do with overseeing homelessness, and the minister informed us that the kitchen is— The President Legislative Council The PRESIDENT: I invite the leader to ask his question. The Hon. K.J. MAHER Legislative Council The Hon. K.J. MAHER: —solely a matter for the Adelaide City Council. My question is: minister, had it ever crossed your mind that this might, at the very least, create a perception of a conflict of interest as described in the ICAC training package? The Hon. J.M.A. LENSINK Legislative Council Minister for Human Services The Hon. J.M.A. LENSINK (Minister for Human Services) (14:22): I would like to add some additional information to this matter, and I might start by saying that I continue to be bewildered and befuddled by the line of questioning, as are a number of other people, I might add, who when there are other issues that the Labor Party— The Hon. K.J. Maher interjecting: The President Legislative Council The PRESIDENT: The Leader of the Opposition will be silent. The Hon. K.J. Maher interjecting: The President Legislative Council The PRESIDENT: Leader of the Opposition, we will listen to the answer. The Hon. J.M.A. LENSINK Legislative Council The Hon. J.M.A. LENSINK: The Labor Party is completely obsessed with this particular matter. I would like to quote from a document entitled E-News: Permits for Food Services in Public Spaces, which is a document from the City of Adelaide: Organisations that provide food to the homeless and vulnerable in public spaces are required to hold a mobile food vending (MFV) permit issued by the City of Adelaide. This is a requirement under section 222 of the Local Government Act SA 1999 and the Roads By-Law 2018. This is to ensure the health and safety of service provider and the public and to minimise or remove unintended consequences as an outcome of the activity. Members interjecting: The President Legislative Council The PRESIDENT: Order! I am trying to listen to the minister. The Hon. R.P. Wortley interjecting: The President Legislative Council The PRESIDENT: Order, the Hon. Mr Wortley! Members interjecting: The President Legislative Council The PRESIDENT: Order! Minister, continue in silence. The Hon. J.M.A. LENSINK Legislative Council The Hon. J.M.A. LENSINK: I didn't even have to mention the Repat. The Hon. R.P. Wortley interjecting: The President Legislative Council The PRESIDENT: The Hon. Mr Wortley knows better. The Hon. J.M.A. LENSINK Legislative Council The Hon. J.M.A. LENSINK: Don't mention the Repat. It continues: For example, we have received complaints about some public areas being left in a less than ideal state, which a permit can help manage. In June 2021, CoA employees telephoned six organisations identified as operating a food service without a permit in public spaces in the City. It was explained to each of these organisations that they would need to apply for a permit, at no cost, with appropriate insurances, in order to comply with the Act and the By-Law. One of these organisations was the Community Union Defence League. These phone calls were followed up with an email to each organisation confirming the requirements and advising the process to obtain a permit. To date, three of the organisations contacted have applied for a permit. CoA has not yet received a permit application from the Community Union Defence League. When the Community Union Defence League were advised of the need to apply for a mobile food vending (MFV) permit, they were also notified that until further notice, Whitmore Square cannot be used as a location for servicing the community. This is due to the scheduled works and other activities associated with the Whitmore Square Greening Project. The League were advised that SA Police have suggested West Terrace as a suitable location for their service to relocate to. An offer was made to discuss their operations and alternative locations and to answer any questions the League may have about the permit or the application process. The Hon. I.K. HUNTER Legislative Council The Hon. I.K. HUNTER: Point of order, Mr President. The President Legislative Council The PRESIDENT: The minister will resume her seat. The Hon. Mr Hunter on a point of order. The Hon. I.K. HUNTER Legislative Council The Hon. I.K. HUNTER: The minister is answering a question that wasn't even asked. The minister was asked the question: do you understand what perceived conflict of interest is? She is answering a question about a permit system which wasn't any part of the question. I ask you, sir, to ask the minister to come to the pertinent issue. The President Legislative Council The PRESIDENT: The member will resume his seat. Members interjecting: The President Legislative Council The PRESIDENT: Order! Do you want me to reflect on the point of order? The minister, I am sure, will get to the nub of the question. However, I think the information she is providing is very relevant to the topic that has been taken up on a number of occasions this week by the opposition. The minister has the call. The Hon. J.M.A. LENSINK Legislative Council The Hon. J.M.A. LENSINK: Thank you, Mr President, and I thank you for your chairing of this chamber. Indeed, I have answered a number of questions in relation to this matter. I think it's clear that the Labor Party has taken up the cause of a group of individuals who are undertaking unauthorised activities in Whitmore Square. It's quite a peculiar position for them to take. I think they are a bit isolated on their own in that regard. I have explained what the Adelaide City Council's role is in this. Members interjecting: The President Legislative Council The PRESIDENT: Order! Minister, continue. The Hon. J.M.A. LENSINK Legislative Council The Hon. J.M.A. LENSINK: I have explained about this task force, which has been operating since March 2021, which are separate issues. The Hon. I.K. Hunter interjecting: The President Legislative Council The PRESIDENT: The Hon. Mr Hunter is out of order. The Hon. J.M.A. LENSINK Legislative Council The Hon. J.M.A. LENSINK: I have no concerns at all about the actions taken by my Chief Executive of the Department of Human Services. The President Legislative Council The PRESIDENT: The Leader of the Opposition has a supplementary question.