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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-09-24 Daily Xml
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BURNSIDE CITY COUNCIL

The Hon. S.G. WADE (14:34): I seek leave to make a brief explanation before asking the Minister for State/Local Government Relations a question about the Burnside council.

Leave granted.

The Hon. S.G. WADE: On 22 September, the Hon. David Winderlich asked a question of the minister about the resignation and reappointment of Mr Neil Jacobs, the chief executive of the City of Burnside. The Hon. Mr Winderlich indicated that he was aware of legal advice which in effect states that Mr Jacobs cannot withdraw his resignation and council has no choice under the act but to declare the position vacant and advertise for applicants.

The Hon. Mr Winderlich also noted that, according to section 97(2) of the Local Government Act, Mr Jacobs effectively gave notice of his resignation on 12 June and that his period as chief executive concluded on 12 September. As a result, the validity of any actions taken by Mr Jacobs since that time are open to challenge. In answering the questions from the Hon. Mr Winderlich, the minister indicated that 'approximately a week or so ago' the investigator provided information that he had concerns around the appointment of the CEO, Mr Jim Jacobs, which she later corrected to Mr Neil Jacobs. Later in her answer the minister said:

The investigator had concerns about the process of resignation and reappointment. The agency then wrote to the mayor and outlined the concerns that had been raised by the investigator.

The minister later said, 'To the best of my knowledge at present it has not responded.' Under section 273 of the Local Government Act the minister, on the basis of a report of an investigator or investigators under this division, may make recommendations or give directions to a council to rectify a breach of the act or an irregularity. My questions to the minister are:

1. Since contacting the council has she received advice from the council as to what steps it has taken or proposes to take in relation to the issues raised by the investigator?

2. Given that the minister has received a report from an investigator on this issue, what steps has she taken to ensure that Burnside council is operating with a validly appointed CEO?

3. Given that the minister has already received a report from an investigator under section 272 of the Local Government Act, is she considering using her powers under section 273(2) of the act, if necessary, to appoint an acting CEO and commence the process of appointment of a new CEO?

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) (14:36): It is disappointing to see two questions in a row that are repeats of former questions. It is the same old stuff being rolled out time and again. It is a lazy opposition that cannot come to question time with fresh questions. Nevertheless, I will go over the response. I have already given an answer to this question and I have gone on the record—

The Hon. J.S.L. Dawkins: You go over and over and over and over!

The PRESIDENT: Order!

The Hon. G.E. GAGO: You keep asking the same old questions over and over. I have given an answer. I gave the details a number of days ago, and we have the same old question rolled out again. So, I will say it all over again.

The agency received some advice from the investigator, Ken MacPherson, that he was concerned about the process in relation to the appointment and resignation of the CEO, Mr Neil Jacobs. The agency passed on those concerns to the council, as requested by the investigator. The agency informed me that it had sent on those concerns, and there has been no response that I am aware of from the council.

There is an inquiry underway, and the issue with respect to the appointment of the CEO is part of the terms of reference of that investigation. That investigation is currently being undertaken, and it would be most improper to debate in this place any details around it. I am absolutely confident that if the investigator, Mr Ken MacPherson, believes there was any matter that he viewed that I should act on prior to his completing his investigation he would inform me. So far, I have received no such request to do so. I am absolutely confident that that is what he would do. The investigation rests in his hands. He is an extremely competent person. He is highly qualified to do the job that he has agreed to do. He is a former auditor-general and was previously the acting ombudsman—

The Hon. R.I. Lucas: Illegally.

The Hon. G.E. GAGO: It is outrageous that the opposition would so disgracefully demean Mr Ken MacPherson. It is disgraceful that they would demean a man whose reputation and integrity is of the highest in this state. It is an absolute disgrace that they would stoop so low.

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