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Legislative Council - Fifty-Fourth Parliament, First Session (54-1)
2018-06-20 Daily Xml
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Matter of Privilege

Local Health Networks

The Hon. K.J. MAHER (Leader of the Opposition) (14:19): Mr President, I raise a matter of privilege in relation to the Minister for Health and Wellbeing.

On 16 June 2018, the government published an advertisement in The Advertiser, titled 'Government board chairs sought for South Australia's public health system local health networks'. The advertisement also appeared in the Adelaide Hills Herald, Barossa and Light Herald, Border Chronicle, The Border Times, The Bunyip, Coastal Leader, The Courier,Eyre Peninsula Tribune, The Flinders News, The Islander, The Leader, The Murray Pioneer, The Murray Valley Standard, The Naracoorte Herald, Northern Argus, Penola's The Pennant, Plains Producer, Port Lincoln Times, The Recorder, The Southern Argus, Victor Harbor's The Times, The Transcontinental, West Coast Sentinel, Whyalla News and the Yorke Peninsula Country Times. The advertisement read:

One Statewide, three Metropolitan and six Regional Boards.

Opportunity for high calibre, strategic and experienced board directors to closely engage with and guide South Australia's Local Health Networks.

Governing Board Chair remuneration up to $70,758 per annum.

The South Australian Government is implementing reforms to the governance of the South Australian public health system that will result in the introduction of new Local Health Network governing boards, which will be fully operational from 1 July 2019.

Expressions of Interest are sought for Chairs of the 10 new governing boards. Governing board Chairs commence from 31 July 2018, serving initially in an advisory capacity during the transitioning period and operating in the full capacity as Chairs of the governing boards from 1 July 2019.

There is a precedent of such an advertisement being ruled by a former Speaker of the other place as a matter of privilege and should be investigated as such. In 2004, there was a precedent where, in the other place, a similar advertisement was raised by the then member for Stuart. In this precedent it was determined by the Speaker of the House of Assembly to be a prima facie matter for privilege. This related to advertising for positions for the, as then, unestablished natural resource management boards, as published in The Advertiser on 7 February 2004 and the City Messenger on 11 February 2004.

The then Speaker of the House of Assembly explained to the House of Assembly on 26 February 2004 that he ruled on the basis, and I quote:

…where the privileges of the parliament, without fear or prejudice being imposed on it as an institution or any member of it, can proceed to determine what change, if any, to the law should be made.

A committee motion was then moved with precedence by the Hon. Dean Brown, the former premier of South Australia. In that instance, the house accepted the explanation of the minister largely on the basis that the advertisement had said:

Once enacted, the Natural Resource Management Act will establish regional boards. Roles, terms and conditions are subject to the passage of the Bill through the South Australian Parliament.

Therefore, in that instance, the primacy of parliament to consider and pass, amend or reject the bill was maintained by our stating that it was subject to the passage of the bill. In this instance of the advertisements for the local health network governing boards, no such acknowledgement of the parliament's role exists.

Applicants are only informed that the reforms will result in the new boards and that they will be fully operational by 1 July 2019. The roles, requirements, payments, network structure and responsibilities are all predicated on the passage of a bill that has only just been introduced to this parliament.

I believe it is imperative for the primacy of parliament's role to be maintained by the executive government of the day and for the community not to be misled about what any chamber has or has not passed. In this instance, the actions of the government directly or indirectly impede the house in the performance of its functions.

I therefore give notice that on the next Wednesday of sitting I will move that the matter be referred to a committee of privilege for inquiry and report.

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