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House of Assembly - Fifty-Fourth Parliament, Second Session (54-2)
2021-09-22 Daily Xml
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Grievance Debate

Data Harvesting

The Hon. A. KOUTSANTONIS (West Torrens) (15:33): The stench of corruption has reached the very top of this government. The stench of corruption has reached the Premier's office. The stench of maladministration and misconduct has finally now been revealed.

This government in its first term has lost a minister to misconduct, a minister to a travel rort scheme, the President of the Legislative Council, the Government Whip and a backbencher. Now we see that the Ombudsman has conducted an assessment of the data misuse scandal gripping the government, and he has found that it warrants referral to the Office for Public Integrity because he considers there is the potential for maladministration, misconduct and corruption.

Members might ask, 'Why isn't the Ombudsman reporting on that himself?' He told us today. He does not have the authority to do so. Why? The Ombudsman cannot inquire off his own motion into a minister. So I asked him who is it that he suspects this has occurred. What did he say? The Office of the Premier and the South Australian Liberal Party—a crime family.

Members might laugh and think it is funny. Isn't it amazing the number of South Australians who are receiving emails unprompted from the Premier's smiling face telling them how great they are, how good the government is—unsolicited emails, unsolicited messages on Facebook, coming out of nowhere. Where has this information come from? How does the Premier know who to send an email to? Whose Facebook sites were sent a message? How is it that the algorithm knows exactly what message to pop up when?

Well, we had our suspicions and now our suspicions have been confirmed because the Ombudsman has found a prima facie case and he said so today in the committee. He said it relies on a conspiracy between the Liberal Party and the Office of the Premier. The Department of the Premier and Cabinet denied the allegations. Mr Nick Reade said, 'Don't look at us. It wasn't us. It is the Office of the Premier or the Liberal Party.' To be clear, Mr Reade is not accusing the Office of the Premier of wrongdoing, just that they are innocent and any inquiry should be directed towards the Office of the Premier. Well, with friends like that who needs enemies?

What we do know is that the OPI is an independent body that triages complaints regarding corruption, maladministration and misconduct. The ICAC commissioner told us today that they also do a verification process. That is, what is the intent and motive of the person making the complaint? For example, when I complain about the Minister for Infrastructure and Transport, there is political motive. But when an independent statutory officer makes a referral to the OPI, that is a different case altogether.

While the Ombudsman has put out a press release clarifying his exact statements, it is important what he has not corrected. He did say he has made an assessment, and his assessment stands, and his referral to the OPI stands. A public officer who has made a referral to the OPI does so because they have established a prima facie case and a suspicion of (a) corruption, (b) misconduct or (c) maladministration. Into whom? The Office of the Premier and the Liberal Party of South Australia.

We were told and assured by the government there was nothing to see here, that they had investigated themselves and cleared themselves and everything was fine. Now we find that those assurances meant nothing. In fact, the Premier today even refused to answer most of the questions. You would think if you were innocent you would get up and answer all these questions. Instead, the Premier chose to remain silent. Of course, the right to silence is a right of those accused.

The Hon. J.A.W. GARDNER: A point of order, sir.

The SPEAKER: The member for West Torrens will resume his seat for a moment and the clock might be paused at that point. The Minister for Education rises on a point of order.

The Hon. J.A.W. GARDNER: The member for West Torrens is clearly imputing improper motive to another member.

Members interjecting:

The SPEAKER: Order!

The Hon. J.A.W. GARDNER: Sorry, it could not be clearer.

Members interjecting:

The SPEAKER: Order, members on my left!

The Hon. J.A.W. GARDNER: Further, I would raise the further point of order that there were significant interjections by a number of those opposite after you had warned them multiple times.

Members interjecting:

The SPEAKER: Order! Members on my left and on my right are perfectly entitled to raise a point of order. It is incumbent upon the Speaker to rule, a point of order having been raised. What has been made clear, including in the course of question time today, is that it is within the capacity of the government to determine any minister to answer a question, and that has taken place.

There is no occasion to impute motives the result of one minister determining to answer a question rather than another one. The member for West Torrens will not draw any imputation from that matter in the course of question time. The member for West Torrens has the call.

The Hon. A. KOUTSANTONIS: I asked the Ombudsman, 'You are covered by privilege here, and it is the parliament asking you.' He responded:

Yes. What I can say is that I have completed my assessment, and the information that is available to me is that the error or the problem has not arisen from within a government agency over which I have jurisdiction.

I asked, 'Where has the error arisen?' He said, 'With a political party.' I said, 'Like the Liberal Party?' He said, 'Yes, that's my assessment.' I said, 'You have found corruption, maladministration or misconduct and referred it to the OPI?' He replied, 'Yes.' That is damning.

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