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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2018-06-20 Daily Xml
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Matter of Privilege

Local Health Networks

Mr PICTON (Kaurna) (10:31): I rise on a matter of privilege. On 16 June 2018, the government published an advertisement in The Advertiser, titled 'Governing board chairs sought for South Australia's public health system local health networks'. The advertisement also appeared in the Adelaide Hills Herald, Barossa and Light Herald, Border Chronicle, The Border Times, The Bunyip, Coastal Leader, The Courier, Eyre Peninsula Tribune, The Flinders News, The Islander, The Leader, The Murray Pioneer, The Murray Valley Standard, Naracoorte Herald, Northern Argus, The Penola Pennant, Plains Producer, Port Lincoln Times, The Recorder, The Southern Argus, Victor Harbor Times, The Transcontinental, West Coast Sentinel, Whyalla News, and the Yorke Peninsula Country Times. The advertisement said:

One Statewide, three Metropolitan and six Regional Boards

Opportunity for high calibre, strategic and experienced board directors to closely engage with and guide South Australia's Local Health Networks

Governing Board Chair remuneration—up to $70,758 per annum

The South Australian Government is implementing reforms to the governance of the South Australian public health system that will result in the introduction of new Local Health Network governing boards, which will be fully operational from 1 July 2019.

Expressions of Interest are sought for Chairs of the ten new governing boards. Governing board Chairs commence from 31 July 2018, serving initially in an advisory capacity during the transitioning period and operating in the full capacity as Chairs of the governing boards from 1 July 2019.

Mr Speaker, there is a precedent of such an advertisement being ruled by one of your predecessors as Speaker as a matter that should be investigated as a matter of privilege by a privileges committee.

In 2004, there was a precedent where, in this house, a similar instance of an advertisement was raised by the then member for Stuart. In this precedent, it was determined by the then Speaker to be a prima facie matter of privilege. This related to advertising for positions for the as then unestablished natural resources management boards, as published in The Advertiser on 7 February 2004 and the City Messenger on 11 February 2004. The then Speaker explained to parliament on 26 February 2004, and he ruled on the basis:

...where the privileges of the parliament, without fear or prejudice being imposed on it as an institution or any member of it, can proceed to determine what change, if any, to law should be made.

A committee motion was then moved with precedence by the Hon. Dean Brown, former premier of South Australia. In that instance, the house accepted the explanation of the minister, largely on the basis that the advertisement said:

Once enacted, the Natural Resource Management Act will establish regional boards. Roles, terms and conditions are subject to the passage of the Bill through the South Australian Parliament.

Therefore, in that instance, the primacy of parliament to consider and pass, amend or reject the bill was maintained. In this instance of the advertisements for the local health network governing boards, no such acknowledgement of parliament's role exists. Applicants are only informed that the reforms will result in the new boards and that they will be fully operational by 1 July 2019. The roles, requirements, payments, network structure and responsibilities are all predicated on the passage of a bill that has not been introduced in this house of parliament.

I believe it is imperative for the primacy of parliament's role to be maintained by the executive government of the day, and for the community not to be misled about what the house has deliberated. In this instance, I believe the actions of the government directly or indirectly impede the house in the performance of its functions. I ask you to give consideration of this matter of privilege, as per the precedent, and rule if a motion to establish a house privileges committee should be given precedence over other business in the House of Assembly.

The SPEAKER: I thank the member for Kaurna and respectfully ask the member to provide me with all relevant documents on which he is relying. I understand the matter raised by the honourable member and I will defer my decision and report back to the house at the first opportunity on whether I consider this matter to be prima facie a matter of privilege.

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