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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2023-09-14 Daily Xml
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ICAC Report

The Hon. F. PANGALLO (14:47): I seek leave to make a brief explanation before asking a question of the Attorney-General about the inspector for ICAC Hanlon report.

Leave granted.

The Hon. F. PANGALLO: Yesterday, I put to you a lucid analysis of what I understood to be fundamental errors in the inspector's report into the Hanlon fiasco, specifically Mr Strickland's references to a section of the ICAC Act that doesn't exist but which is enshrined in the Ombudsman Act, to make his findings of systemic or, as he put it, institutionalised maladministration in an integrity organisation now under your watch and which soaks up $20 million of taxpayers' funds each year.

All of us support a properly functioning ICAC and, as members in this place know, I am prepared to speak up when made aware something is fundamentally wrong within its operations or any other government agency. It is the responsible thing to do to get things right, to restore confidence in the institution, rather than pretend nothing wrong exists.

You brushed off my questions with haughtiness, saying you intended to do nothing, which can also be interpreted as wilful blindness, a legal term you should be familiar with. My question to you—and please take them on notice if it helps:

1. As the minister in charge of this integrity agency, what actions have you taken since the release of this report to reassure yourself and taxpayers that the dysfunction identified within ICAC is being appropriately addressed, and will you report those details to parliament?

2. Will you seek an independent legal opinion from senior counsel on the matters I have raised and report them back to the chamber?

3. Will you investigate whether the individuals named in the report had also breached the Public Sector (Honesty and Accountability) Act and the code of conduct for public officers, and why should they be excused from any wrongdoing?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (14:49): I thank the honourable member for his question, and I do acknowledge he has a significant interest in these areas and has spoken at length not just in this place but has done a lot of diligent work in committees looking at our integrity agencies, how they perform and what they do.

In relation to the honourable member's question of will I institute an inquiry or review into this report by an independent senior counsel, that is not something I will do. I note the honourable member has called for a royal commission as well during committee proceedings in relation to this report. Again, that's not something that I intend to do.

In relation to what further action will be taken, I do note that the inspector in his report didn't find the conduct of any ICAC officer warrants referral to SAPOL or any other law enforcement agency. I note that the inspector, in his report, was satisfied that actions taken by the current commissioner of ICAC amounted to significant steps to remedy the defects in processes in ICAC since the charges against Mr Hanlon were withdrawn.

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