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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2020-09-08 Daily Xml
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Independent Commissioner Against Corruption, Speaker's Statement

The SPEAKER (11:33): Before I proceed further, there is a statement I will make to the house concerning an investigation and public statements of the former independent commissioner against corruption and with respect to parliamentary privilege.

On 30 June 2020, the Speaker asked the Auditor-General to undertake an audit considering matters including means by which to make claiming and reporting in respect of the country members' accommodation allowance more transparent. On 23 July 2020, the former commissioner, the Hon. Bruce Lander QC, stated that earlier that month he had commence an investigation into the conduct of a number of members of parliament in respect of claims made by them for payment of the country members' accommodation allowance and that he had discussed with the Auditor-General, who advised him that in those circumstances the Auditor-General would not for the time being investigate the matter. The former commissioner further stated that the investigation would be conducted in private, as required by legislation, and for that reason he did not intend to make further comment.

On 21 August 2020, the former commissioner published a public statement in relation to the investigation, stating that during the course of the investigation he had sought from members of parliament and their staff information relating to claims made for the allowance and that some members had asked him to delay his request until parliament determined whether or not a claim for parliamentary privilege was to be made. He expressed his opinion that he did not think the information sought would be protected by parliamentary privilege but that the privilege is that of the parliament.

Prior to his retirement on 1 September 2020, the former commissioner in media interviews made a number of further public statements including in respect of the investigation and including more particularly in relation to parliamentary privilege.

In at least one of a number of media interviews on 1 September 2020, the former commissioner identified that the notices the subject of his 21 August 2020 public statement concerned three members of parliament and that he had assessed the matter the subject of the investigation as raising a potential issue of corruption in public administration that could be the subject of a prosecution.

The former commissioner's public statement on 21 August 2020 advised that, after 1 September 2020, it was a matter for his successor, commissioner the Hon. Ann Vanstone QC, to decide whether the investigation should continue and, if so, the course of the investigation.

On 4 September 2020, the commissioner withdrew the notices and instead asked that each of the three members voluntarily provide a narrow group of documents. All three members will provide the documents as soon as practicable.

In the course of the investigation, the Leader of the Opposition directed members of the Labor Party in respect of the investigation. That direction is accompanied by his threat that he would issue a sanction from that party upon any member who would not comply with his direction and recommended that such a member ought to be expelled from their party.

A direction to any member the subject of an ICAC investigation is problematic and usually unlawful.

A direction to do other than to act in accord with the law, let alone when accompanied by any form of coercion, risks constituting among other things: first, a contempt of the parliament; secondly—

Members interjecting:

The SPEAKER: Order!

Members interjecting:

The SPEAKER: Order! I am on my feet. I warn the member for West Torrens—unlawful interference with an ICAC investigation; and, thirdly, conduct abetting a breach of the ICAC Act.

The former commissioner, by statements in the media—

Members interjecting:

The SPEAKER: Order! I warn the leader. The former commissioner, by statements in the media, adverted to having advised the Leader of the Opposition in respect of the investigation. The Leader of the Opposition is not a country member and is not a subject of the investigation.

It is an important and often repeated statement of principle—indeed, it might be said to be dull on account of overuse—that the ICAC must be both independent of political interference and must be seen to be so. That is particularly apparent in circumstances where its work usually is conducted in private and under strict rules with respect to confidentiality.

For this reason, it is unusual for any member to engage with, let alone publicly, the ICAC with respect to an investigation and especially an investigation that is ongoing. I make this statement in the interests of all members in the context of an investigation that is ongoing.

For the avoidance of doubt, I note that it is never appropriate for, in particular, a matter affecting an election in relation to this role to be the subject of any undertaking or assurance in relation to how the parliament might deal with parliamentary privilege. The Speaker—

The Hon. A. Koutsantonis interjecting:

The SPEAKER: The member for West Torrens will leave for 20 minutes in accordance with standing order 137A.

Members interjecting:

The honourable member for West Torrens having withdrawn from the chamber:

The SPEAKER: The Speaker serves the house without fear or favour.

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