Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-05-15 Daily Xml

Contents

Question Time

TOURISM COMMISSION

The Hon. D.W. RIDGWAY (Leader of the Opposition) (14:29): I seek leave to make a brief explanation before asking the Minister for Tourism a question about conflicts of interest within the South Australian Tourism Commission.

Leave granted.

The Hon. D.W. RIDGWAY: On 2 March, the chief executive of the South Australian Tourism Commission, Ian Darbyshire, was suddenly knifed. Mr Darbyshire was called into the office of Jim Hallion, who is the head of the Department of the Premier and Cabinet, and told his contract would be terminated. The same day, the tourism minister announced that Mr Darbyshire's replacement as the CEO of the South Australian Tourism Commission would be the chair of the board, Jane Jeffreys. Ms Jeffreys, said the minister, would be both the chief executive and the chair of the board.

But the roles of the chief executive officer and the chair of the board are very different. As boss of the board, Ms Jeffreys has overall responsibility for planning the commission's strategic direction and monitoring whether the SATC has met its goals, monitoring the SATC's operational performance, maintaining tourism industry partnerships and ensuring sound corporate governance. In other words, as the SATC chair, Jane Jeffreys has to monitor and judge the performance of the Chief Executive, who is Jane Jeffreys. She is the judge and she is the jury.

As the South Australian Legal Services Commission explains, judge and jury have very different parts to play. The jury listens to the evidence and decides who or what to believe. It decides the facts of the case. It, and only it, decides whether the defendant—let us say, the CEO—is derelict in their duty, incompetent or inept but, in her position as chair, would Ms Jeffreys sack Ms Jeffreys? My questions are:

1. Can the minister please inform this parliament of any other jurisdiction in Australia's public sector where such an intolerable situation is acceptable?

2. Can the minister inform the parliament of any major private or publicly listed company where the chair of the board is the chief executive officer?

3. Has the SATC chair and CEO expressed any interest in entering politics? If so, under this government, could it be possible for the chair of the tourism board to be the CEO of the Tourism Commission and minister for tourism all in one?

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (14:31): I thank the honourable member for his important question and his ongoing interest in the policy area of tourism, although it is somewhat spurious. Nevertheless, I do appreciate the opportunity, through the questions asked by the Hon. David Ridgway, to reassure all honourable members that indeed there is no conflict in the current arrangements of the joint role of chief executive and chairperson of the tourism board. In fact, I made sure, prior to those arrangements, that the Crown's advice was sought in relation to the matter, and they found no impediment in terms of going forward.

That is because the conflict arrangements, in terms of any potential interests that the chairperson, Jane Jeffreys, might have, would be dealt with under the same provisions that currently exist for any board member who might have vested interests that could in some way raise themselves as a potential conflict. Those provisions still underpin the current, if you like, code of conduct, and Ms Jeffreys is bound by those.

I think what we have seen here is a bit like wishful thinking or sour grapes because, since Ms Jeffreys has taken over both roles, we have seen an incredibly competent role and function performed by Ms Jeffreys. We have seen a very smooth transition into what is an interim arrangement. We have no intention of keeping this dual role in place for a protracted period of time but, certainly, as an interim measure, it is a satisfactory arrangement. In fact, more than that, Ms Jeffreys has done an absolutely sterling job. She is an incredibly competent woman, and she conducts herself with the highest integrity. She has shown beyond the pale—

Members interjecting:

The PRESIDENT: Order!

The Hon. G.E. GAGO: —that these roles can be jointly held without any conflict and without any impediment whatsoever to the efficient functioning of the organisation. That is what Ms Jeffreys has shown, and I am sure the Hon. David Ridgway would just love to be able to fling something across the chamber that showed that there was some deficit. Of course, he cannot, and he cannot do that because it is functioning extremely well under the guidance of the current chair and Chief Executive.

I am very pleased with the way that the role is currently being performed. As I said, it is an interim arrangement only. It is certainly not an arrangement that is for the long term. It has only ever been considered to be a short-term arrangement. As I have said in this place before, I have asked that a review of the structure of the organisation occur and for that to be considered by the board. I look forward to Ms Jeffreys handing down that review.