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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2012-03-01 Daily Xml
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Parliamentary Procedure

PAPERS

The following papers were laid on the table:

By the Minister for Police (Hon. J.M. Rankine)—

Death of—Robyn Hayward and Edwin Durance Report of actions taken following Coroner's preliminary findings

Firearms Prohibition Orders—Report 22 December 2010


By the Minister for Sustainability, Environment and Conservation (Hon. P. Caica)—

Natural Resources Management Council—Annual Report 2010-11


By the Minister for Education and Child Development (Hon. G. Portolesi)—

Regulations made under the following Acts—

Education and Early Childhood Services (Registration and Standards)—

General

Revocation of Regulations

SACE Board of South Australia—Fees


Mr HAMILTON-SMITH: I rise on a point of order. I raise section 198 of standing orders, Papers and Returns, which requires that papers may be ordered to be laid before the house and that they are laid upon the table by a minister. Could I draw your attention to the Public Sector Act, section 12, which requires departments to submit to their minister their annual report within three months after the end of the financial year. Further, according to the act, the minister must table the report within 12 sitting days of receipt. The act states that any delay must be explained in writing in a statement to be displayed before each house of the legislature.

I note that the Minister for Health and Ageing has failed to table the Department of Health and Ageing's annual report 2010-11 and consequent financial reports. As a consequence, the Auditor-General, who has obligations to this house, has had to advise the house that he has been unable to meet his statutory requirements to the house to provide a full audit of the Department of Health and Ageing, which the house still awaits.

On 13 December, I wrote to the Minister for the Public Sector, the member for Napier, asking him to seek crown law advice on whether he, as the minister responsible for the Public Sector Act 2009, could ascertain whether the Minister for Health and Ageing and his department had acted within the law. His reply, dated 21 December, stated the following:

I have personally raised the matters contained in this letter with Minister Hill's office and I have determined that a direct response from Minister Hill would be the most appropriate manner with which to deal with your queries.

I have not heard from the Minister for Health. I therefore ask you to consider, on behalf of all members, whether the Minister for Health has complied with his obligations under the law and, under standing orders, to report to the house in accordance with standing order 198.

As the Speaker of the house, I ask you to raise the issue with the Minister for Health and the Premier with regard to how the house might insist that ministers meet their statutory obligations to report to parliament and to provide advice to the house on the outcome in the interest of good governance and the people of South Australia.

The SPEAKER: That was a point of order, Minister for Health. I would ask that the member for Waite supply me with that information, and I can come back to the house.

The Hon. J.D. HILL: I will just give him the information right now, if he wants it, Madam Speaker.

The SPEAKER: Did you wish to make a ministerial statement, minister?

The Hon. J.D. HILL: I can. I will make a ministerial statement off the cuff, Madam Speaker.

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