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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2025-04-02 Daily Xml
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Davenport Community Council

The Hon. F. PANGALLO (15:02): I seek leave to make a brief explanation before asking the Attorney-General and Minister for Aboriginal Affairs a question about the Davenport Community Council of Port Augusta.

Leave granted.

The Hon. F. PANGALLO: In an embarrassing outcome the state government has failed in its bid to wind up the council over a series of alleged organisational failures. These included alleged breaches of the Associations Incorporation Act, such as a failure to present audited financial statements in 2022 and 2023 and to hold an annual general meeting. If successful, the council would have been forced into administration. But in a judgement handed down last month, Associate Justice Katrina Bochner threw out the government's case, finding the business and consumer affairs commission, which comes under the Attorney's portfolio—

The Hon. K.J. Maher: No.

The Hon. F. PANGALLO: No—which comes under the Minister for Consumer and Business Affairs' portfolio, did not follow legally required procedures. Basically it was bungled by the department, with, probably, Crown law advice. This, she ruled, included failing to receive relevant court approvals before issuing the wind-up notice to the council on 14 October last year.

The government launched the legal action last year amid integrity concerns that the council is receiving millions of dollars in ongoing taxpayer funding grants for services that it is not delivering. Its last published report on the Australian Charities and Not-for-profits Commission website, for the 2021-22 financial year, indicated it received $671,000 in revenue, with $473,000 of that money used for employee benefit purposes.

Town elders, including the highly respected elder Tiger McKenzie, and the Aboriginal Lands Trust have claimed the council has not delivered on some of its key programs and services, including a youth engagement centre, playgroup and school holiday program, despite receiving $2 million in ongoing federal funding since 2021. There is a distinct odour of corruption here that is being obfuscated by this government. My questions to the Attorney are:

1. Is the government planning to appeal the judgement?

2. How could the Corporate Affairs Commission make such a rookie blunder?

3. Are you concerned at how the council is servicing the Davenport community, including the amount of money being committed to employee benefit expenses?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (15:05): I thank the honourable member for his question and his interest in this area. One thing I wanted to clarify is when the honourable member talks about the government taking action, I want to be clear this is not a minister or a department; this is the independent statutory holder, the commissioner at Consumer and Business Services, making these decisions.

In relation to whether there will be an appeal, that will be up to the commissioner at Consumer and Business Services, not any member of the executive or any department within the government. My understanding is that there was a ruling that was a statutory interpretation of processes to be followed, so it will be up to the commissioner whether there is an appeal to clarify the judgement and the statutory interpretation of the procedures to be followed.

In relation to the community, I know both the state and federal government as well as the Aboriginal Lands Trust are working hard to ensure that services to the community are maintained. For example, the youth programs that the honourable member mentioned that are funded by the commonwealth, I understand, still continue, but the funding is not provided to DCCI; it is provided to another service provider to make sure those youth programs continue.

Regarding the question about an appeal in relation to the statutory interpretation, the process to be followed will be a decision for the commissioner at CBS, but both state and federal governments as well as the trust are keen to ensure that the services that have been provided continue to be provided to the community.

The PRESIDENT: The Hon. Mr Pangallo has a supplementary question arising from the answer.

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