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Legislative Council - Fifty-Fourth Parliament, Second Session (54-2)
2021-10-26 Daily Xml
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Public Sector

The Hon. R.P. WORTLEY (15:17): I seek leave to make a brief explanation before asking a question of the Treasurer regarding the public sector.

Leave granted.

The Hon. R.P. WORTLEY: The opposition recently received a determination from the Department of Treasury and Finance. It refused access in full to 27 out of 28 documents in relation to allegations of intimidation, staff complaints and concerns in the member for Gibson's electoral office. This grant of access to around 3.5 per cent of the 28 documents that were found to be in scope—

The Hon. S.G. WADE: Point of order, Mr President.

The PRESIDENT: Point of order, the Minister for Health and Wellbeing. The Hon. Mr Wortley should resume his seat.

The Hon. S.G. WADE: I draw your attention to a sign that the honourable member is now taking down from the back of his seat.

The PRESIDENT: I ask that it not be seen. I can't see it now and that's how I want it to remain. Thank you.

The Hon. S.G. Wade: Childish, absolutely childish.

The Hon. R.P. WORTLEY: The only child here is you.

The PRESIDENT: Order! The Hon. Mr Wortley will ask his question.

The Hon. R.P. WORTLEY: You have record ramping and you are worried about a sign.

The PRESIDENT: Order!

The Hon. S.G. Wade interjecting:

The PRESIDENT: Order! The honourable minister is out of order as well.

The Hon. R.P. WORTLEY: Exactly.

The PRESIDENT: Order!

The Hon. R.P. WORTLEY: The FOI application was almost identical to an FOI lodged by The Advertiser in relation to a Labor member of parliament in which the Treasurer, acting as principal officer, determined to release information. In this latter case, 11 documents were in scope, with three released in full and two released in part. My question to the Treasurer is:

1. Why did the Treasurer personally approve the release of documents relating to a Labor MP?

2. How does the Treasurer explain a departmental officer only giving access to 3.5 per cent of the relevant documents when a Liberal MP is involved but the Treasurer providing full or partial access to almost half the documents when a Labor MP is involved?

The Hon. R.I. LUCAS (Treasurer) (15:19): Very easily, because it's entirely consistent with the approach of independent freedom of information officers within government departments and agencies. On this particular area, it's entirely consistent with the past practice of the former government when I lodged very similar applications for documents that related to the former Speaker, Speaker Atkinson, and the then member for Reynell, Ms Hildyard, and a number of other Labor members of parliament. The independent officers within government departments, in that case Treasury, refused, I think, almost 100 per cent of the documents on the basis of a variety of reasons.

These freedom of information officers go about their task in an independent fashion within the government departments and agencies. I have great knowledge of this particular area because, as I said, I spent many years seeking similar information from similar sources within Treasury—the freedom of information source within Treasury. As I said, almost without exception, those documents were refused. That's the difference.

In relation to when a request comes for documents that are within my office, as opposed to within the department, then I am the principal officer and I make judgements about documents which are in my office, not within the department. So there are two separate potential application processes. The one to which the member refers, in relation to the department, is managed by the department with an independent freedom of information officer there. Anything that comes into my ministerial office, as the principal officer I handle that and I make my own judgements in relation to what should be released.

If I can assist the honourable member any more in relation to details of allegations in relation to intimidation, bullying and harassment within Labor members' offices, if he wants a bit more information, I would invite him to put a freedom of information application in for anyone he's targeting within his own caucus, and I am prepared to consider his application for any documents I might have within my ministerial office.

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