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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-04-29 Daily Xml
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PORT LINCOLN PRISON

The Hon. S.G. WADE (14:43): I seek leave to make a brief explanation before asking the Minister for Correctional Services a question about the Port Lincoln Prison.

Leave granted.

The Hon. S.G. WADE: It is now more than a year since investigations began into how almost 150 photographs of a concert at the Port Lincoln Prison, held on 29 December 2006, were taken and published in the media. The opposition understands that no-one has been charged with distributing the photographs.

The publication caused a furore at the time, primarily because of the hurt caused to victims. From day one, the act of distribution of the photographs has been a key issue. Michael O'Connell, Victims of Crime Commissioner, said on radio on the day the photographs were first published:

I have no objections to prisoners taking part in some light-hearted entertainment. I'd be most disturbed if offenders were simply confined to their rooms and didn't do anything meaningful or anything that resembled ordinary day-to-day activities. My concern is that publishing photographs with the speculation about whom some of those offenders are could therefore cause some distress to victims.

Clearly, distribution of the photographs was an act that brought the department into disrepute. The photographs were in the hands of the department head office six days before they were published, yet we are still none the wiser about who put the photographs in the public domain.

The photographs reportedly came to light as a result of an investigation of allegations against a prison officer in relation to other events, namely, a Zonta Christmas party held on 12 December 2006 and the clean-up the next day.

It took 10 months to resolve the case against the manager in relation to the concert, when the department said that it would be resolved by the end of that month. The prison officer's case in relation to the Zonta party and related events took until earlier this year to resolve, when the department said in May last year that investigations were advanced. My questions to the minister are: has the distribution of the photographs been investigated and, if so, have the investigations been concluded? If so, what was the outcome and have, or will, charges be laid against any person?

The Hon. CARMEL ZOLLO (Minister for Emergency Services, Minister for Correctional Services, Minister for Road Safety, Minister Assisting the Minister for Multicultural Affairs) (14:45): In relation to the distribution of the photographs, I suggest that the honourable member ask the media for its source. I think it is worthwhile placing on record the process for dealing with allegations of misconduct, because I think there has been a lot of misinformation in the media.

Allegations about staff conduct that could breach either the Public Service legislation or the department's Employee Code of Conduct are referred to the department's Manager of the Intelligence and Investigations Unit for investigation. During an investigation, an employee can be suspended with or without pay pending an inquiry. Any allegations that relate to what could best be described as criminal activities are referred to SAPOL for investigation.

Allegations are fully investigated and a report is made to the Chief Executive. Depending on the outcome, a range of options are available, including a formal inquiry. The report will generally contain background information; an outline of the investigation, including summaries of interviews; statements obtained; and the investigator's comments with respect to evidence of any breaches of the legislation. If, in considering the report and all available evidence, the Chief Executive suspects the employee may be liable for disciplinary action, an opinion from the crown is sought. This is called natural justice.

Where the Crown Solicitor agrees, a notice of inquiry outlining the charge and the particulars of that charge is forwarded to the employees concerned. Once the Chief Executive determines to hold an inquiry, the Chief Executive can consider suspension under section 59 with or without pay, or the transfer of employee/employees to alternative position/positions. The Chief Executive will seek timely written comment from the employee/employees concerned as to the effect of any action being contemplated by the Chief Executive and will take any comment into account in making a decision to suspend or transfer; for example, financial hardship.

Once the notice of inquiry is received by the employee or employees, it is likely that the employee or employees will seek advice and/or representation from either the legal fund or the Public Service Association. Such inquiries are generally conducted by the Chief Executive but may, in some instances, be conducted by an appropriate delegate; for example, the Director of Strategic Services, who generally acts in the absence of the Chief Executive.

I must stress that the Public Sector Management Act excludes ministerial involvement in the conducting of investigations or in any penalties that may result. The decision to suspend staff is the responsibility of the Chief Executive and, as always, every case is considered on its merits. However, as a guide, the practice is generally to suspend an officer without pay where, regardless of seniority, the officer is charged with a criminal offence allegedly committed whilst on duty. So, where alleged disciplinary breaches are not of a criminal nature, it is likely that the decision will be to suspend the officer—again, regardless of seniority—with pay.

As I just outlined, the process is fair and, of course, natural justice has to be provided to the people against whom allegations have been made. I repeat, in relation to the photographs: I suggest that the honourable member perhaps contact the media to find out where the photographs came from. Clearly, they did not come from the department.

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