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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-03-05 Daily Xml
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STATUTES AMENDMENT (ADVISORY PANELS REPEAL) BILL

Second Reading

Adjourned debate on second reading.

(Continued from 14 February 2008. Page 1736.)

The Hon. R.D. LAWSON (20:25): Liberal members will be opposing this outrageous measure. It is outrageous because it is window dressing of the worst order. There are established, under existing legislation, advisory panels to advise the minister. We know, of course, that the ministers in this government are all-knowing and do not need any advice from anyone—certainly not from anyone who knows anything about the subject.

The point is that this government has decided that it will abolish three advisory panels. They are the advisory panel for plumbing and gas fitting—gas fitting being a subject about which the Hon. Russell Wortley knows nothing, and I am not surprised to see him leaving the chamber—and the advisory panel for electrical work (both established under the Plumbers, Gas Fitters and Electricians Act 1995), and, thirdly, the advisory panel established under the Building Work Contractors Act.

The advisory panel for plumbing and gas fitting contains representatives of the Master Plumbers and Mechanical Services Association of SA Inc; the South Australian Gas Company Limited; the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (as I think it was then called)—Plumbing Division—SA Branch; the Federated Gas Employees Industrial Union; the Minister for Employment, Training and Further Education; the SA Water Corporation; the Minister for Mines and Energy; and also the Commissioner for Consumer Affairs. So, there is a panel containing representatives from various sections of a particular industry which is in a position to give good advice to a minister who probably needs it.

The electrical advisory panel contains representatives of the National Electrical Contractors Association (SA Chapter); the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (Electrical Division); the Electrical, Electronic Industry Training Advisory Board SA Inc; the minister responsible for the administration of the electricity act; the Minister for Mines and Energy; and also the Commissioner for Consumer Affairs. Once again, an advisory panel containing a wide range of representatives capable of providing, one would hope, impartial, balanced and sensible advice to a minister.

The representatives on the advisory panel established under the Building Work Contractors Act come from the Housing Industry Association, the Master Builders Association, the Building Industry Specialist Contractors Association, the Building Industry Specialist Contractors Organisation of South Australia Inc, the Commissioner for Consumer Affairs and other relevant organisations representing the interests of building work contractors, employees of contractors, and consumers. Once again, a wide-ranging and balanced group of individuals.

The government's justification for abolishing these advisory panels is that they have not been meeting under the current minister, and it is also said that these panels were established for a particular initial purpose in relation to licensing and that, as that purpose has been fulfilled, there is now no valid function for them.

However, the fact is that each of these advisory panels has a very wide-ranging remit, not only to advise the Commissioner for Consumer Affairs in respect of licensing and registration but also to inquire into and report to the Minister for Consumer Affairs or the Commissioner for Consumer Affairs on any other matter referred to by either the minister or the commissioner relating to the various subject matters, and other matters generally, in relation to these specialist industries.

On this side of the council we accept that people in the plumbing and gasfitting, electrical or building industry have specialised knowledge that is not generally available to ministers, commissioners, public servants and the like. We happen to believe that it is good that the government obtains advice from wide-ranging areas of any particular industry to ensure that the minister is well informed and that policies adopted by the government will not have unintended consequences, and that the minister will be alive to issues within the particular industry.

At a time when the Premier was in the sway of Mr Robert Champion de Crespigny and his committee, that committee advised (in a somewhat haughty fashion) the abolition of all advisory boards because it took a rather high-minded view and asked, 'Why do you need to accept advice from people? Ministers should be able to make decisions without taking advice. Boards are a waste of time. They are an impediment to rapid decision-making. Get rid of them.' Of course, the Premier said, 'We'll get rid of all these boards.'

The members of government and this particular minister have fallen in line and produced this bill, which will be solely for the purpose of saying, 'We've managed to get rid of three advisory boards. They didn't meet. The reason they didn't meet was that I didn't actually ask them to meet, or encourage them to meet. We've done something to improve the economic efficiency of South Australia.'

We will do absolutely nothing by this bill to improve the economic efficiency of this state. Given the quality and the standard of the ministers of this government, we think it is appropriate that there be as many advisory boards as possible to—

The Hon. B.V. Finnigan interjecting:

The Hon. R.D. LAWSON: The Hon. Bernie Finnigan says, 'Spend money.' These boards cost nothing. The members of these boards are voluntary representatives, prepared to give their time in the interests of the state to provide the government with the advice that it ought to receive.

The Hon. R.P. Wortley: Because they are a rort.

The Hon. R.D. LAWSON: These organisations are not a rort, as the Hon. Russell Wortley is pretending to suggest.

Members interjecting:

The ACTING PRESIDENT (Hon. I.K. Hunter): Interjections are out of order.

Members interjecting:

The ACTING PRESIDENT: Order!

The Hon. R.D. LAWSON: To hear the word 'rort' fall from the lips of the Hon. Russell Wortley is a truly amazing—

Members interjecting:

The ACTING PRESIDENT: Order! The Hon. Mr Wortley will come to order. The Hon. Mr  Lawson will ignore interjections.

The Hon. R.P. Wortley interjecting:

The ACTING PRESIDENT: Order!

The Hon. R.D. LAWSON: I should have said that to hear the Hon. Russell Wortley utter a sentence which did not include the word 'rort' would truly be a surprise, and here he is, talking about rorts this evening. These advisory boards are not rorts at all. As I say, they are voluntary boards, comprising people who are prepared in the public interest to volunteer their time to advise ministers who need advice—desperately need advice.

So, we are strongly opposed to this measure which is an unnecessary piece of window dressing; it will not save the state any money. It will deprive ministers of advice and it will also deprive members of the community who actually know something about an industry to have an avenue to provide information and advice not only to ministers but also to the Commissioner for Consumer Affairs and the bureaucracy generally. We think this is an ill-advised piece of legislation and we will not be supporting it.

The Hon. G.E. GAGO (Minister for Environment and Conservation, Minister for Mental Health and Substance Abuse, Minister Assisting the Minister for Health) (20:35): I thank members for their contribution to this bill to repeal three advisory panels. It is the result of a recommendation of the Economic Development Board (EDB) in its report Framework for Economic Development in South Australia. In actioning this report, the government decided to pursue significant reductions in the number of boards and committees operating across the public sector. The EDB had found that there were myriad advisory bodies and committees established by ministers or their departments. Over 500 were recorded in the government's Board and Committee Information System.

When the relevant acts (PGE Act and BWC Act) were introduced in 1995, it was essential to develop appropriate licensing criteria, policies and procedures. At that time, the panel meetings were held bimonthly. For the three years to 2006, each panel met only twice a year. As a result of the review suggested by the EDB, these three panels were identified as bodies that were not essential for the effective administration of acts under which they operated, because they had served their purpose and now these purposes could be met through less formal consultative measures.

OCBA will continue to consult with industry stakeholders, namely, those involved in the building, plumbing, gas fitting and electrical industries, as and when it is appropriate. A good example of new consultative mechanisms can be found with the two recently released discussion papers reviewing the Building Work Contractors Act. These were distributed to a range of groups and individuals as well as being open to the public. The plain fact is that in most cases issues can be more effectively managed through the use of such discussion papers and working groups rather than at panel level.

This government is committed to reducing red tape and unnecessary legislative burden. The panels have served their purpose, and now the government wants to continue to consult with the various industries in a less formal manner and on an as needs basis rather than by forcing a mandated set of procedures on industry.

OCBA has four other categories of licensing, but it does not have mandated advisory panels for these; rather, it holds successful industry liaison meetings with these groups. Consultation will occur, as has been demonstrated, and the abolition of these panels will reduce the legislative burden on these industries. I take this opportunity to thank the staff of the Office of Consumer and Business Affairs for their hard work in the development of this bill. I commend the bill to you and, again, I thank honourable members for their contributions.

The council divided on the second reading:

AYES (10)

Darley, J.A. Evans, A.L. Finnigan, B.V.
Gago, G.E. (teller) Gazzola, J.M. Holloway, P.
Hood, D.G.E. Kanck, S.M. Parnell, M.
Wortley, R.P.

NOES (6)

Dawkins, J.S.L. Lawson, R.D. (teller) Lensink, J.M.A.
Lucas, R.I. Schaefer, C.V. Wade, S.G.

PAIRS (4)

Zollo, C. Ridgway, D.W.
Hunter, I.K. Stephens, T.J.


Majority of 4 for the ayes.

Second reading thus carried.

Third Reading

Bill read a third time and passed.

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