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Legislative Council - Fifty-Third Parliament, Second Session (53-2)
2017-11-15 Daily Xml
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Motions

Oakden Mental Health Facility

The Hon. S.G. WADE (19:56): I move:

That on the prorogation of the present parliament, should the Independent Commissioner Against Corruption present to the President a report on his inquiry into the matters surrounding the Oakden Older Persons Mental Health Service facility and, on the expiration of 28 days thereafter, the report be deemed to be laid upon the table of the Legislative Council, the President is hereby authorised to publish and distribute that report.

On reading this motion, members will notice it has echoes of the sister motion that was moved by the Hon. R.I. Lucas on 1 November. The Hon. Mr Lucas's motion relates to reports of the Auditor-General, and this motion is a sister motion in that it seeks to achieve a similar outcome in relation to matters under the act in consideration of the Independent Commissioner Against Corruption.

Members would recall that the ICAC Commissioner appeared before the Economic and Finance Committee in both May and October this year. In May, he advised the committee, and therefore the people of South Australia, that he was undertaking an inquiry into possible maladministration in relation to the Oakden older persons mental health facility.

It would be fair to say that the South Australian community has been shocked by the level of abuse and neglect of older South Australians in this facility over an extended period, and they were disbelieving that a responsible government could have so poorly managed the health system that that situation could have arisen. So, it was hardly surprising to the South Australian community that the ICAC Commissioner saw that as a prima facie case of maladministration and he initiated an inquiry. When he appeared before the crime and public integrity committee in October, his opening statement primarily related to that reference. With the indulgence of the house, I would like to quote sections of his statement. He said:

When I last appeared before the committee in May of this year, I announced that I would be conducting an investigation into matters surrounding the Oakden older persons mental health facility.

I told the committee on that occasion that I hoped to have the investigation completed within six months. Since announcing the investigation, I have engaged resources to assist me. We have been working diligently to collect information relevant to the investigation and to identify and speak to those who might be able to assist. I have issued 13 summonses seeking relevant documents, and in answer to those summonses I have received more than 37,000 documents comprising in the order of 200,000 to 300,000 pages of information. You will appreciate that that is a significant volume of information to review and assess.

Later in the statement, he said:

…both the volume of the material and the time taken to receive it has exceeded my initial expectations.

Further on, he stated:

Given the large volume of evidence that has been and will continue to be collected, I will not be in a position to complete my investigation this year. That is unfortunate and regrettable because I appreciate that there is a great deal of interest in the outcome of my investigation, but I will not rush the investigation. It is an important matter and it must be investigated properly. I will endeavour to finish the investigation as soon as possible.

Later in that same hearing, Mr Tarzia, the honourable member for Hartley in the other place, asked:

Getting back to the Oakden report, Commissioner, will you issue your final report on Oakden before the 2018 state election?

The commissioner responded:

I would hope to, but I can't give you a time when it will be released. It will be released when it's ready. I will complete it as soon as I can.

I appreciate that the commissioner's report, if there is to be one in relation to this matter, may or may not be completed before the election, but what is clear is that it will not be completed before the end of this calendar year, and therefore in all likelihood it will be after the last sitting day of the parliament before the next election.

For similar reasons as the Hon. R.I. Lucas gave in relation to the accountability issues in relation to the Auditor-General's reports, I would argue that it is also in the public interest for the ICAC reports that are received beyond the sittings of this parliament, when the reports are received by the President of the Legislative Council and the Speaker of the House of Assembly in a non-sitting period, that those reports be tabled. I think it is a matter of accountability of government but I think it is also a matter of fairness to members. Let's not forget that the Hon. Lisa Vlahos is standing for election in this council. It is only fair to her that the cloud in relation to her service in the ministry will be, if you like, eliminated by the release of the Independent Commissioner Against Corruption's report.

Given the shortness of time before Christmas, before we break for at least the Christmas break if not until the election, I indicate to members that I propose to bring this matter to a vote at the next sitting Wednesday.

Debate adjourned on motion of Hon. T.J. Stephens.

The Hon. K.J. MAHER: Mr Acting President, I draw your attention to the state of the council.

A quorum having been formed:

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