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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-07-22 Daily Xml
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BURNSIDE COUNCIL

The Hon. S.G. WADE (14:27): I seek leave to make a brief explanation before asking the Minister for State/Local Government Relations a question relating to the investigation into the Burnside council.

Leave granted.

The Hon. S.G. WADE: Today marks the 12th anniversary of the announcement of a 12-week investigation into the Burnside council. On 22 June 2010, the minister stated in this council that, with the investigator and visitors, a period of four to five weeks will be needed to complete the natural justice period and that, following that period, he would need a further three weeks to finish his report.

The opposition understands that the natural justice period has not begun. If that period were to start tomorrow—and we have no indication that it will—it may not be finished until 27 August, with a report being provided around 17 September, 10 days after nominations for the council elections open and four days before they close. The next parliamentary sitting day after 17 September is 28 September, quite sometime after the close of council nominations. The Mayor of Burnside, Wendy Greiner, is reported in this morning's Advertiser as saying, 'As an election is looming, it is important that the report is released before nominations are called.' My questions to the minister are:

1. Will the investigator's report be released before nominations open on 7 September?

2. For her part, will the minister commit to releasing a public version of the report as soon as she receives it, whether or not the parliament is sitting?

3. Has the minister received a request from the council, mayor or councillors of Burnside to delay the election in Burnside?

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 for the City of Adelaide) (14:29): I thank the honourable member for his questions, be they somewhat tedious given that he has asked them previously in this place. My responses to those questions are on the record and remain unchanged, because I have no further information to add. For the benefit of the member who appears to have problems with his hearing or his understanding, or probably both, I will go over all of it again.

As we know, it is with a great deal of frustration and disappointment that the investigation into complaints and concerns around the conduct of Burnside council has had to be extended. However, it has had to be extended for very good reasons. I have already outlined those reasons in great detail, but, in summary, they are to do with the scope of the inquiry, given the fact that we opened up the ability for the general public to give evidence rather than just limit it to the council. On at least two occasions, the investigator was given evidence at a very late date, which meant that he had to reopen parts of the investigation. I have also reported in this place the illness and hospitalisation of the investigator.

It is most unfortunate that these things happen, but it is indeed most important that the investigation proceed and that all phases of the investigation, including the natural justice component, of which preparation has commenced but has not been completed, are allowed to be completed, without interference or hindrance from, really, anyone. That includes members of parliament who may be wanting to interfere in these matters, like the Hon. Stephen Wade appears to.

This is an independent investigation, which is being conducted by a man who has extremely high qualifications. He is extremely competent and capable of conducting this investigation. He needs to be allowed to progress all phases of this investigation to final completion, to ensure that he is able to deliver his findings, and deliver a report of a high standard and high integrity. It is important that he be allowed to get on and do this.

As I have reported in this place previously, the investigator indicated in his last correspondence to me that he hopes to have a report to me by mid to late August. The nominations do not close, I think, until about 21 September, so we are hoping and anticipate that these matters will be finalised by that time.

There was an interjection in terms of costs. I take full responsibility. If that is what it costs—and this investigation has indeed been costly—to uphold the integrity of democracy, then that is what it costs. After all, fundamental to this and a priority for this government is to ensure that, wherever there are concerns that a local council is in breach of its legislative responsibilities, where there are problems and the general public has lost confidence in local government or the integrity of local government has been shattered, then it is important that we have in place processes to ensure that an independent investigation into those allegations is conducted in a full and thorough way, unfettered, unhindered and not interfered with by members of parliament.

If the finding is that there are problems, they need to be acted upon to fix any that are identified to ensure that our local government sector remains transparent and fully accountable to the general public, and able to perform its functions and responsibilities to the highest integrity and in the highest public confidence. As I said, I have already put responses to all these questions on the record.

I think there was one other matter to which the honourable member alluded, and that was the tabling of the report. I have indicated that I would, at a time when I am reasonably able to do so, table it in parliament, so long as there was no legal impediment for me to do so. I have already given that public commitment, and I reiterate it again in this place today.

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