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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-07-16 Daily Xml
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BURNSIDE CITY COUNCIL

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) (14:19): I seek leave to make a ministerial statement on the City of Burnside.

Leave granted.

The Hon. G.E. GAGO: I have previously informed this chamber of my concerns regarding the conduct of the affairs of the Burnside council and its ability to represent the interests of its community. The chamber would also be aware that preliminary inquiries into the Burnside council, launched by me, have given me reason to believe that a formal independent investigation may be warranted using my powers under section 272 of the Local Government Act 1999. I am required under the act to give the council reasonable opportunity to explain its actions and to make submissions to me. Accordingly, I have given the council until the end of tomorrow to respond.

In the interests of complete transparency, I further wish to advise the chamber of recent events that are important to put on the public record to ensure that due process is maintained. These events are also the subject of a letter that I have already forwarded to the mayor of the City of Burnside this afternoon, and it states:

I write to advise you that my office has received a confidential copy of legal advice to the council. I am told by my staff that the advice was attached to an email—

from an individual whom I will not name in parliament at this time—

and sent to my public email in-box on Sunday 12 July 2009. A correspondence clerk printed the email and I'm advised it was read by my chief of staff late last night. Appreciating the significance of the content, my chief of staff did not pass the correspondence to me and consequently I have not read it, nor have I been briefed on it, except to advise me that it has been received.

I have directed two of my staff, who had read the email, not to take any further part in advising me on the decision-making processes or participate in discussions associated with the possible investigation of the council. This cautious approach is taken to reassure the council that I have not prejudged the question of whether the council should be investigated and that I respect council's right to obtain independent, confidential legal advice about its position and its response to me.

The legal advice will not be viewed by me or my other staff and an electronic copy will be kept solely for the purpose of verifying the statements I have made in this letter.

I understand that a copy was also sent electronically to the department but that no departmental officer has read the document. I have advised the department that any person who has read the document should not take part in advising me on this issue.

This most inappropriate and potentially harmful action had the potential to derail the process under way, and I will not make any further comment about this matter until after the council has had the opportunity to consider its position.

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