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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2020-09-22 Daily Xml
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Parliamentary Procedure

Independent Commissioner Against Corruption, Speaker's Statement

The SPEAKER (14:12): Honourable members, I make a further statement in relation to an ICAC investigation. Further to my statement to the house on 9 September concerning the ICAC investigation into the country members' accommodation allowance, I provide the following update.

I have since received a request from the Hon. Ann Vanstone QC, Independent Commissioner Against Corruption, which sets out refined categories of information that are under consideration by the commissioner in respect of her investigation into the country members' accommodation allowance.

The commissioner has asked me if I would consider whether a claim for parliamentary privilege should be made over any of the categories of information set out in her correspondence. I am presently not aware of any claim of privilege being made over information currently sought by the Independent Commissioner Against Corruption.

As the commissioner wishes to complete her investigation as soon as possible, I am making every endeavour to respond as quickly as practicable. Pursuant to standing order 59, absent any claim of parliamentary privilege, I will provide my express leave for any document in the custody or control of the Clerk that is administrative in nature to be provided to the Independent Commissioner Against Corruption.

As the commissioner's investigation is proceeding, I advise the house that standing order 397 precludes the Clerk or any officer of the house from giving evidence to the ICAC investigation in respect of proceedings of the House of Assembly in the absence of special leave of the house. It is open, however, to the Clerk or officer of the house to provide information or evidence of matters that fall outside of that restriction. This would undoubtedly include general information about administrative processes and procedures of the assembly.

I will report back to the house should it be considered necessary to obtain special leave of the house for the Clerk or any officer of the house to provide information to the commissioner. The Clerk and officers of the house would, however, be precluded from being able to speak to any documents that are in the custody or control of the Clerk unless the express leave of the Speaker is provided under standing order 59.

The Hon. A. KOUTSANTONIS: Point of clarification, sir: given that privilege that may or may not be asserted is not yours, will you table the correspondence from the ICAC commissioner?

The SPEAKER: In response to the member for West Torrens' request for clarification, I am not presently minded to do that. If the occasion arises, I will certainly keep that under consideration. For the time being, I have nothing further to add to what I have just indicated to the house. And I reiterate that I am making every endeavour to respond to the commissioner's requests.

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