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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2020-09-22 Daily Xml
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Members

Members, Accommodation Allowances, President's Statement

The PRESIDENT (14:23): On the previous sitting day, the Leader of the Opposition asked me a question concerning the request for information from the Independent Commissioner Against Corruption relating to country members' accommodation allowance. I indicated that it was my intention to make a statement in the next sitting week.

Accordingly, I advise that having sought clarification from the commissioner, I received a letter in which she aimed to simplify the process by refining the categories of information sought. I can advise that the categories of information now sought by the commissioner are as follows:

1. Evidence of advice provided from time to time over the last 10 years to members about:

(a) when a claim for the allowance can be made; and

(b) in what circumstances a claim for the allowance can be made.

2. Evidence of the processes in place since 1 January 2017 by which claims for the allowance are received, processed, determined and actioned.

3. Evidence about how claims made by the Hon. T.J. Stephens for the allowance since 1 January 2017 were:

(a) prepared, certified and lodged, including copies of any claim forms submitted by or on behalf of Mr Stephens; and

(b) received, processed, determined and paid.

4. Copies of any claim forms for the allowance submitted by or on behalf of Mr Stephens.

5. Records of any recreation or annual leave taken by Mr Stephens from 1 January 2017 to 30 July 2020.

6. Records of any claims made by Mr Stephens for the payment of any allowance for, or relating to, travel to and from Adelaide for the purpose of attending to his parliamentary or other official duties from 1 January 2017 to 30 July 2020.

7. Any copies, including any back-up copies, of the electronic calendar (including calendars maintained using the Microsoft Outlook format) used by Mr Stephens to manage his day-to-day business for the date range 1 January 2017 to 30 July 2020.

8. Any email or other communication made by or to Mr Stephens or persons employed by or to assist him which relate to either:

(a) claims made by Mr Stephens for the allowance since 1 January 2017; or

(b) allegations (including those made in reports published or broadcast by the Australian Broadcasting Corporation) that claims for the allowance had been made improperly by members of parliament, including allegations that Mr Stephens made claims for the allowance when he was not entitled to.

9. Copies of parliamentary sitting calendars showing any sittings between 1 January 2017 and 30 July 2020.

10. Records of when Mr Stephens attended parliamentary committee proceedings between 1 January 2017 and 30 July 2020.

The commissioner advises that she intends to obtain the information from persons employed in the Legislative Council who have knowledge of the matters, or who possess, or have custody and control over, these documents.

The commissioner also advises that she has issued a summons requiring a person employed on the staff of the Hon. Mr Stephens to attend before her and give evidence about his knowledge of or involvement in the making of claims for the payment of the allowance and any other related matters, broadly covering the topics referred to in categories 1 to 3.

Further, the commissioner seeks to ascertain whether the council considers a claim of parliamentary privilege should be made over any of the identified categories of information. The Hon. Mr Stephens has advised that he has no objection to the information sought being provided; nor does he seek to exercise any claim of privilege.

In considering the matter, I have given particular attention to standing orders 31 and 444. Standing order 31 states:

The custody of all Documents and Papers belonging to the Council shall be in the Clerk who shall not permit any to be removed from the offices or produced in evidence without the express leave or order of the President or Council.

Standing order 444 states:

No Member, Clerk or Officer of the Council, or Hansard reporter employed to take Minutes of Evidence before the Council or any Committee thereof, may give evidence elsewhere in respect of any proceedings of the Council or its Committee, or of any examination had at the Bar or before any Committee, without the special permission of the Council.

As some of the categories of information or evidence sought pertain to the administrative processes and functions of the council and belong to the council, the custody of which rests with the Clerk, this information may be provided by leave or order of the President or council.

However, members will be aware of the numerous questions asked and statements made in this chamber relating to claims for the allowance as well as the debate on a motion and subsequent resolution of the council of 2 July 2020, and it is possible, even probable, that some of the information sought pertaining to categories 7 to 10 may contain elements relating to those proceedings or incidental to those and other proceedings of the council or its committees.

As such, I am of the view that the council should give attention to standing order 444 before any member, clerk or officer of the council gives evidence to the investigation.

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