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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2008-11-25 Daily Xml
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COPPER COAST DISTRICT COUNCIL

The Hon. SANDRA KANCK (15:19): I seek leave to make an explanation before asking the Minister for State/Local Government Relations questions about the District Council of the Copper Coast.

Leave granted.

The Hon. SANDRA KANCK: The minister has required that the Office for State/Local Government Relations conduct a preliminary inquiry into the process used by the District Council of the Copper Coast in regard to the sale of council land at Wallaroo. This includes an independent due diligence and governance audit of council processes. However, I have heard suggestions that this inquiry is not being prosecuted with any vigour by her department, and I am certainly aware that it is not being taken seriously by the council. For example, the council has been denying residents access to meeting agendas and, instead, using workshops as de facto council meetings. These workshops are not required to be open to the public under the Local Government Act, even though the agenda items are identical to those that would occur normally in a council meeting. My questions are:

1. Is the minister aware that the firm Wallmans, which was appointed to conduct an independent audit of council, has also provided training to councillors on their obligations under the council's code of conduct?

2. Does the minister consider that Wallmans will not be seen by the community to be independent because it will be able to audit payments to its firm from council for other services?

3. Is the minister aware that the council continues to breach the Local Government Act, despite the fact that it is the subject of an inquiry?

4. Is the minister aware that some bureaucrats are under the impression that her inquiry is adopting a go-slow approach on the basis that 'Sandra Kanck won't be there much longer to push this issue'?

5. Will the minister confirm that her department is not adopting a go-slow approach to this inquiry?

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (15:21): I certainly will not thank the honourable member for that question. The question is outrageous.

The Hon. P. Holloway interjecting:

The Hon. G.E. GAGO: Yes; the Sandra Kanck promotional question. It is outrageous and I take exception to it. The Office for State/Local Government Relations has put an enormous amount of work into this matter. It has taken the complaints very seriously. We have put considerable resources into the inquiry into these matters and we are progressing them. I take exception to the accusation of a go-slow approach. The council has used Wallmans lawyers. They are to conduct an independent audit. They are independent in terms of the job they have done there. They have considerable credentials. They are well qualified to provide the service. I can assure all members that they have completed their audit, using all appropriate standards under no undue influence, other than their own legal obligations. I understand that they have completed the audit and I am awaiting the report. I will consider that report and take further advice in relation to the report and then take appropriate action—as any responsible minister would do.

In terms of the actions my office has taken in relation to the complaints we have received, I have had officers visit there on occasion to meet with the mayor and various officers. We are about to conduct a workshop—I do not have the exact date—to help to improve community consultation awareness and what is considered reasonable practice in terms of comprehensive community consultation. We have already completed the audit. The workshop is on the eve of being conducted. In terms of our office, due process has to be done. I have put on record in this council on a number of occasions that, before I would proceed to use my powers to formally investigate a complaint, I would make some preliminary inquiries to ascertain whether or not a full investigation is required.

That is a responsible use of taxpayers' money. Lots of complaints are made but not all of them require a full-blown investigation. So, I have done that. The office has required certain information from the council. The council has been very cooperative and taken the matter very seriously; so, certainly, I challenge the honourable member in terms of the council not being serious in its response. It has been. It responded to my office in a very timely and respectful way. It has been very obliging in terms of the depth and breadth of information it has provided to us.

As I put on record before, we then considered that information and I have received advice in relation to that information. We have since determined that further information is required. I therefore had a crown solicitor's investigator go there to obtain the rest of that information. I will double check but, to the best of my knowledge, I believe that that second round has occurred. That information is now back in my office and being looked at by crown solicitors. I have not yet received any further advice as to whether the information received to date would constitute a good reason to proceed with the formal investigation.

The Hon. Sandra Kanck has always prided herself on due process and looking after people's rights. I find it astounding, because I have reported in this parliament regularly on this matter in terms of ministerial statements, as well as answering questions. We have briefed the Hon. Sandra Kanck and made officers available to her to answer any questions she has in relation to this, and we have given her progress reports. I am simply outraged that she would expect me not to follow due process before making a decision to go to a full-blown investigation.

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