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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2022-10-19 Daily Xml
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Freedom of Information (Ministerial Diaries) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 7 September 2022.)

The Hon. J.A.W. GARDNER (Morialta—Deputy Leader of the Opposition) (10:56): I urge the house to consider this bill from the Greens, from Robert Simms. I commend Robert Simms for bringing it forward to the Legislative Council. I am pleased the Legislative Council saw fit to pass it and support it. We in the Liberal Party in the lower house also support it. It is a measure that I think will be of benefit to transparency in this state.

Members interjecting:

The SPEAKER: Order!

The Hon. J.A.W. GARDNER: The leader of the house asks why we did not do it in four years. I blame the Greens because it took them until the beginning of this parliament to present this bill in this format that convinced us of its significant merits.

Sir, you would know, as you FOI'd my diary not so long ago, that diaries from ministers are, of course, available to members of the house for free or to any member of the South Australian community on the application of a small fee through the FOI process. That is a process that can take several weeks, in my case—months in others, I hear—to proceed to the point of the diary being made available.

Of course, it does give rise to the risk, certainly in the future—not in the past—that a minister might seek to present their diary in such a fashion that is conscious of FOI, when actually the reason, the purpose, for your FOI, I imagine, sir, and the purpose for everyone wanting to support this bill is that there is a public good in understanding the focus of ministers' energies and time and consideration. I think what this bill will do is provide a format for the expected public release of that information in a way that is consistent, in a way that is transparent and in a way that is proactive.

It may well be that this bill will drive better behaviours by ministers in the future. I have no concerns, obviously, about any behaviours of any minister from 2018 to 2022. I have no particular reason for concerns about behaviours of ministers and their use of their diary since. It will drive good behaviour by the ministers, as they will understand that their activities in their diary and in the course of their ministerial duties are there for all to see.

It will help ministers to focus their minds on understanding whether they are paying due diligence to their portfolios over the course of their time as ministers, which they have a suitably increased level of opportunities to serve. It will help them to focus their minds on the way they are conducting that business. So I see no harm, frankly, possible as a result of this bill and the sensible way it has been set out by Robert Simms and the Greens.

I do not think that ministers should have anything to fear from this. I think that if there is an issue with the way that diaries are presented in ministerial offices, ministers should be aware that they are FOI-able, as has been established by precedent. They should not think there is any opportunity to hide information that is otherwise going to be available as a result of this bill. I commend the Hon. Robert Simms for bringing it forward. I think it has been presented well, and I urge all members to support the bill.

Mr ODENWALDER (Elizabeth) (11:00): I move:

That the debate be adjourned.

The house divided on the motion:

Ayes 21

Noes 12

Majority 9

AYES

Andrews, S.E. Bettison, Z.L. Bignell, L.W.K.
Boyer, B.I. Brown, M.E. Champion, N.D.
Clancy, N.P. Cook, N.F. Fulbrook, J.P.
Hildyard, K.A. Hood, L.P. Hutchesson, C.L.
Koutsantonis, A. Michaels, A. Mullighan, S.C.
Odenwalder, L.K. (teller) Pearce, R.K. Picton, C.J.
Stinson, J.M. Thompson, E.L. Wortley, D.J.

NOES

Basham, D.K.B. Batty, J.A. Cowdrey, M.J.
Ellis, F.J. Gardner, J.A.W. (teller) Hurn, A.M.
McBride, P.N. Patterson, S.J.R. Pederick, A.S.
Pisoni, D.G. Pratt, P.K. Teague, J.B.

PAIRS

Malinauskas, P.B. Speirs, D.J. Close, S.E.
Marshall, S.S. Piccolo, A. Whetstone, T.J.
Szakacs, J.K. Tarzia, V.A. Hughes, E.J.
Telfer, S.J.

Motion thus carried; debate adjourned.

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