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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2022-05-04 Daily Xml
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West Beach Trust Board Appointments

The Hon. N.D. CHAMPION (Taylor—Minister for Trade and Investment, Minister for Housing and Urban Development, Minister for Planning) (14:26): I seek leave to make a ministerial statement.

Leave granted.

The Hon. N.D. CHAMPION: The West Beach Trust is a statutory authority created under the West Beach Recreation Reserve Act 1987 to manage the reserve and its associated facilities. The West Beach Trust Board comprises representatives of three local councils and independent members. It covers 135 hectares of beachfront land and comprises two accommodation properties, two public golf courses, diverse competition-level sporting facilities, meeting and event venues, a boat haven and a broad range of lessees.

Upon being sworn in as Minister for Planning, recent appointments to the West Beach Trust Board were brought to my attention. It appears the former Minister for Planning, the member for Heysen, made three new appointments to the West Beach Trust Board during the caretaker period. New members to the board were appointed for terms to commence on 1 March 2022 and are set to expire on 28 February 2025. On 9 March 2022, the West Beach Parks issued a news release titled 'West Beach Parks welcomes three new board members'. It is interesting to note that the news release claims the new members were appointed prior to caretaker; however, on the advice provided to the incoming government there does not appear to be any record of this.

The Department of the Premier and Cabinet's 'Guide to caretaker conventions and pre-election practices 2021' states:

Governments should avoid making significant appointments during the caretaker period, and should also avoid making appointments in advance of the caretaker period that will commence during the caretaker period or after the election.

Further, the 'Guide to caretaker conventions and pre-election practices' advises:

If deferring the appointment is not practicable … there are several options:

make an acting appointment, where permissible

make a short-term appointment, ending shortly after the end of the caretaker period, or

if these options are not practicable, the responsible minister could consult with the relevant Opposition spokesperson regarding a full-term appointment.

The term provided—a period not expiring until 28 February 2025—appears to breach the practice limiting any appointments to government boards and committees of six months. To the best of the then opposition's knowledge, no consultation occurred with the former shadow spokesperson with respect to these appointments, as is again the convention for any appointments to government boards or committees in the lead-up to an election.

Upon further investigation of these appointments to the West Beach Trust Board, advice received from the Attorney-General's Department and the Cabinet Office suggests that neither the department and its executive, nor Cabinet Office, were consulted or notified of the appointments to the West Beach Trust Board.

Given the peculiar nature of these appointments, the government will seek Crown law advice and investigate:

the legitimacy of the process undertaken to appoint these new members;

the appropriateness of these appointments to the West Beach Trust, given the apparent failure to consult with the respective government departments and the then opposition;

the merit of the appointments of the West Beach Trust Board; and

the legality of the appointments to be made under caretaker provisions for a period that breaches the convention of appointments.

Upon receipt of the advice, if appropriate the government will table the advice received and action accordingly.

Members interjecting:

The SPEAKER: Order! Member for West Torrens, order!

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