Greyhound Industry Reform Inspector Bill

Second Reading

The Hon. C.M. SCRIVEN (Minister for Primary Industries and Regional Development, Minister for Forest Industries) (18:23): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Mr President, I rise today to speak to the Greyhound Industry Reform Inspector Bill 2024.

I commend the Hon Katrine Hildyard MP Minister for Recreation Sport and Racing on the successful passing of this Bill through the other place.

As the Council is aware, our government acted swiftly to establish an inquiry following the emergence of disturbing footage which demanded this action.

The Independent Inquiry into the Governance of the Greyhound Racing Industry was conducted by former Victorian Police Commissioner Graham Ashton AM APM.

Mr Ashton did an excellent and thorough job and was assisted in his work by Ms Zoe Thomas who was also exemplary in the work she carried out.

The Report was publicly released on 14 December 2023. It made 86 recommendations focused on helping ensure the Greyhound Racing industry modernises its practices in line with community expectations.

The Report's recommendations included significant animal welfare, integrity and administrative reforms to be progressed by the controlling body, Greyhound Racing SA.

A key recommendation of the Report was Recommendation 57, to 'establish the role of an independent inspector for greyhound racing reform, to be known as the Greyhound Industry Reform Inspector.'

The core role of the Greyhound Industry Reform Inspector is to:

Oversee the implementation of the recommendations from the Inquiry and resulting Report.

To do so, the Inspector's role is also to:

Develop and maintain relationships with relevant parties to oversee the Review implementation.

Establish and convene a Greyhound Racing Reform Advisory Group to provide professional advice regarding the reform progress.

Regularly report to the Minister for Recreation, Sport, and Racing on the progress of the Review implementation; and

Meet regularly with Greyhound Racing SA's General Manager Integrity and Welfare who is required to report to the Greyhound Industry Reform Inspector on welfare matters.

Mr Sal Perna AM was appointed to the position of Greyhound Industry Reform Inspector.

Mr Perna's career spans five decades of fighting crime and corruption. He was appointed as Victoria's inaugural Racing Integrity Commissioner in 2010 and provided independent oversight of integrity of that state's multi-billion-dollar racing industry.

Mr Perna also conducted an inquiry into live baiting in greyhound racing in Victoria.

It is clear that Mr Perna, who formally commenced in the role on 8 July 2024, has already approached his remit with diligence and determination.

Mr Perna is a highly competent person.

There is currently however no legislative mechanism to compel Greyhound Racing SA to cooperate with the Greyhound Industry Reform Inspector.

We want Mr Perna to be empowered to carry out his role with the access to information and premises that he needs to do so.

To help ensure that the Greyhound Industry Reform Inspector can indeed have, as the recommendation states, 'unfettered access to Greyhound Racing SA systems and data', we introduce this new legislation.

Having said this, it should be noted that to date Greyhound Racing SA have been very cooperative during this process.

This Bill has been developed through targeted stakeholder consultation with a range of parties, including the:

Attorney General's Department;

Animal Justice Party;

Coalition for the Protection of Greyhounds;

Department of Environment and Water (DEW);

Greyhound Racing SA (GRSA);

Harness Racing SA;

Racing SA;

Royal Society for the Protection of Cruelty Against Animals (RSPCA);

Consumer and Business Services (CBS); and

South Australian Police (SAPOL).

It will absolutely support the Greyhound Industry Reform Inspector to oversee the recommendations and ensure government is able to determine if the greyhound racing industry has sufficiently reformed after the recommended period of two years.

Enshrining the powers of the Greyhound Industry Reform Inspector in legislation will ensure compliance with requests and assurance and the ability for the Inspector to fulfil their function and duties with access to the required information needed to do so.

The provisions within the Bill clearly establish the powers of the Greyhound Industry Reform Inspector, outline what is required of the Inspector and defines the independence required and functions of the role.

As well as outlining these powers in relation to the requiring of information and the entering and inspecting of premises, the bill also sets out the applicable penalties regarding non-compliance.

The Bill seeks to support the sharing of prescribed information between the Greyhound Industry Reform Inspector and state authorities and defines the appointment of authorised officers for the purpose of the Bill.

The Act will be time limited legislation with expiration at the conclusion of the reform period.

The Inspector has been appointed to satisfy the Government and our community that real change is happening, and this Bill is a key step in ensuring the inspector has the powers to do so.

I progress this Bill today as a key step forward in ensuring the role can be fulfilled and in the way that the report envisioned.

Mr President, I commend the Bill to the Chamber and seek leave to insert the Explanation of Clauses into Hansard without my reading it.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines key terms for the purposes of the measure.

Part 2—Greyhound Industry Reform Inspector

4—Greyhound Industry Reform Inspector

This clause provides that there will be a Greyhound Industry Reform Inspector who will be a person employed in the Public Service of the State.

5—Functions of Inspector

This clauses specifies the functions of the Inspector.

6—Staff

This clause provides for staff to be assigned to the Inspector.

7—Delegation

This clause is a standard power of delegation for the Inspector and the Minister.

Part 3—Powers

8—Power to require information

This clause provides that the Inspector or an authorised officer may, by notice in writing, require the controlling authority, or an officer or employee of the controlling authority to provide (within a reasonable time specified in the notice) information or documents in their possession, or to require a person to attend at a specified time and place. Failure to comply is punishable by a maximum penalty of $10,000.

9—Powers to enter and inspect etc

This clause sets out several powers of the Inspector or an authorised officer to enter, search and inspect premises, seize things and require persons to answer questions in the circumstances and within the limitations outlined in the clause.

10—Offence to hinder or obstruct Inspector or authorised officer

This clause makes it an offence for a person to hinder the Inspector or an authorised officer, use certain language to the Inspector or an authorised officer, refuse or fail to comply with a requirement of the Inspector or an authorised officer, or to refuse or fail to answer questions to the best of the person's knowledge, information and belief.

11—Self-incrimination

This clause provides that a person cannot refuse or fail to answer a question or produce documents as required under the measure on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.

If a person objects on either of the first two grounds, the fact of production of the document or the information furnished is not admissible against the person except in proceedings in respect of making a false or misleading statement.

Part 4—Information gathering

12—Sharing of information between certain persons and bodies

This clause allows the persons and bodies specified in subclause (1) to exchange certain information to each other without restriction.

13—Interaction with Public Sector (Data Sharing) Act 2016

This clause clarifies that the proposed Part does not affect the operation of the Public Sector (Data Sharing) Act 2016.

Part 5—Miscellaneous

14—Authorised officers

This clause provides for the appointment of authorised officers by the Inspector.

15—Impersonating authorised officer

This clause provides that a person who falsely represents, by words or conduct, that the person is an authorised officer is guilty of an offence for which a maximum penalty of $5,000 applies.

16—Confidentiality

This clause provides for confidentiality of personal information, information relating to trade secrets or business processes or financial information received under the measure (except in certain specified circumstances).

17—False or misleading information

This clause provides an offence of making a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in information provided under the measure.

18—Final report

This clause requires the Inspector to submit to the Minister a final report on the implementation of the Report recommendations by the controlling authority, and the final report to be laid before both Houses of Parliament.

19—Regulations

This clause is a regulation making power.

20—Expiry of Act

This clause provides that once the final report has been tabled, the Minister may fix a date for expiry of the measure by notice in the Gazette.

Debate adjourned on motion of Hon. L.A. Henderson.

At 18:24 the council adjourned until Thursday 31 October 2024 at 14:15.