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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2015-10-14 Daily Xml
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Independent Commissioner Against Corruption Annual Report 2014-15

Ms CHAPMAN (Bragg—Deputy Leader of the Opposition) (14:36): Supplementary: if the Premier is so concerned, what action has he taken to reassure public servants, such as implementing the recommendations of reform to protect public servants as was outlined in Commissioner Lander's report on the Whistleblowers Protection Act review tabled in this parliament on 30 October last year and the Ombudsman's review of the Freedom of Information Act which also disclosed intimidatory interference with freedom of information applications? What action has he taken in relation to that? Given that none of those recommendations—

The SPEAKER: I think we have the idea.

Ms CHAPMAN: —have been implemented, will he instruct the Attorney-General to get on with the job?

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (14:37): I have some positive news for the Deputy Leader of the Opposition. What has transpired is that, as she rightly says, there was a report into the whistleblowers legislation. If I remember correctly, that was a report that the government, through me, actually requested of the commissioner because we ascertained in advance of the commission even being established that the whistleblowers legislation was something that was quite antiquated in this state and required review, and it was a necessary element of the many factors in the public integrity policy agenda that this government has been pursuing that whistleblower legislation be revisited and be looked at afresh.

Quite rightly, the deputy leader points out that we received a report from the independent commissioner in respect of that. His report went further, in fact, than simply addressing matters relating to the whistleblowers act. He canvassed a number of other matters which were beyond the initial contemplation of that report—welcome matters, I might add. That was running at the same time as the Ombudsman was conducting a review into the Freedom of Information Act, which itself provided certain recommendations, although I do not remember the one that was quoted specifically by the deputy leader a little while ago because it did not represent exactly what was said, but never mind.

All of those matters are under consideration and, indeed, it is my intention to finalise those matters in conversations with the commissioner in the near future. There are other matters as well which have been worked upon by the commissioner and by me which are also needing to be resolved before we open up that legislation again because it is not prudent to be opening the legislation every five minutes. We are waiting until we have a comprehensive group of reforms for the legislation.

I will share this with the parliament because people may be interested. The question of the precise relationship between the reviewing authority of the ICAC is perhaps presently in the minds of members because of the report from former justice Kevin Duggan which was tabled in the parliament, I believe, yesterday. There are recommendations that have come from Mr Duggan about the way in which the relationship between the role he presently performs and the OPI and ICAC legislation should be finetuned as well.

I can tell members that I have had meetings with Mr Duggan and with the commissioner with a view to actually finding common agreement about in exactly what fashion those reporting responsibilities can be discharged and also, incidentally, the method by which members of the public, who may consider themselves to be aggrieved by something that is going on within OPI or within ICAC, might be able to approach that independent reviewer with a view to them receiving some sort of redress.

So, there is a very broad range of quite complex issues. All of them are being discussed. I want to be in a position where we have resolution of those as soon as possible. Obviously, the annual report of the commissioner, which was also tabled yesterday, on page 47 contained a reference to other matters of concern to the commissioner, as I alluded to in my ministerial statement, and I intend to deal with them as well.

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