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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-12-03 Daily Xml
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POLICE CONDUCT

The Hon. A. BRESSINGTON (14:42): I seek leave to make a brief explanation before asking the minister representing the Minister for Police a question about police conduct.

Leave granted.

The Hon. A. BRESSINGTON: I was recently provided with information about what appears to be a most concerning breach of protocol and possibly an illegal action by a police officer. In early 2008, the chief executive of Cycling SA put himself forward to accompany a junior track cycling team to a competition in Sydney. As per Cycling SA's protocol at the time, any volunteer accompanying a junior team was to procure a criminal history check to ensure safety and suitability for working with children.

However, it would appear from an email exchange, of which I have been provided a copy, that the chief executive encouraged the board to accept an email clearance from a Senior Constable Brendan Donnelly of South Australia Police. Responding to the protestations of another Cycling SA employee, the chief executive stated in an email:

The idea of having a cop to oversee this process makes it very simple. The information is sent to him. He looks at it and gives his clearance...you can even email Detective Brendan Donnelly, copied in on email, with my name and date of birth for example and he'll do a check instantly.

Such a clearance was subsequently emailed by Mr Donnelly on 26 February 2008, which states:

As per previous correspondence relating to the suitability for a role as a volunteer working with young children, I have conducted the appropriate checks and deem that... is suitable to undertake this role.

My office has contacted SAPOL's Record Release Unit and confirmed that, outside of this unit, no other SAPOL branch—let alone an officer—has the authority to conduct and issue a police clearance. To my knowledge, Mr Donnelly was not attached to the Records Release Unit at the time, nor has he ever been. Further, the issuing of a clearance in the form of an email and with the wording used is both highly inappropriate and, as has been suggested to me, potentially criminal.

I have a signed statutory declaration swearing to the authenticity of the emails that have been provided to me. Further, the information that has been provided to me was also provided to the Minister for Police in a letter dated 23 December 2008 and again in what is effectively a public interest disclosure, dated 11 June 2009, yet it would seem that concerns about Mr Donnelly's conduct are not shared by the Minister, and no meaningful response has been forthcoming. My questions are:

1. Given that the minister has already been provided with details of the allegations, has an investigation been undertaken into the conduct of Mr Donnelly and, if not, why not?

2. If an investigation has been undertaken, will the minister make its findings known to the council?

3. If the allegations outlined have been substantiated, has Mr Donnelly been officially reprimanded as a result and, if so, what was the penalty?

The Hon. P. HOLLOWAY (Minister for Mineral Resources Development, Minister for Urban Development and Planning, Minister for Small Business) (14:46): The honourable member has listed fairly serious allegations against a police officer. Obviously, the appropriate body to investigate such matters is the Police Complaints Authority, and I presume that the allegations raised have been directed to that body. I will make an inquiry with the Minister for Police and bring back a response.

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