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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2022-05-04 Daily Xml
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Question Time

Ombudsman Investigation, Member for Bragg

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (14:29): My question is to the Attorney-General. Following the report of the Ombudsman, will the Leader of the Government withdraw the allegation he made in this house on 16 November last year, that the former Attorney-General had a conflict of interest which she did not declare in relation to the port development on Kangaroo Island?

The Hon. K.J. MAHER (Attorney-General, Minister for Aboriginal Affairs, Minister for Industrial Relations and Public Sector) (14:29): This matter has had a long history and I might just go through some of that because it's important to understand some of the complexities of this area.

Members interjecting:

The PRESIDENT: Order!

The Hon. K.J. MAHER: On 12 October 2021, the House of Assembly resolved to establish a select committee to inquire into and report on the conduct of the former Attorney-General in relation to decisions and statements made to parliament regarding the rejection of the Kangaroo Island Port Application made by Kangaroo Island Plantation Timbers in her capacity as the then Minister for Planning.

A select committee was tasked with examining, amongst other things, whether the then Attorney-General had misled parliament in various statements made to the House of Assembly in estimates committee in 2021. Deliberate misleading of the House of Assembly by a member is a breach of the privileges of the house and may be treated as contempt.

An eminent Queen's Counsel, Dr Rachael Gray QC, was engaged as counsel assisting the committee. The committee tabled its final report on 18November 2021—

Members interjecting:

The PRESIDENT: Order!

The Hon. K.J. MAHER: —recommending that the former Attorney-General be found guilty of contempt—

The Hon. D.G.E. HOOD: Point of order: the question was quite clear and quite straight forward. Why wouldn't the Attorney-General answer the question, with respect, which was specifically asked?

Members interjecting:

The PRESIDENT: Thanks for your point of order. I am not upholding it. The minister is giving a rather extensive answer. It won't go on forever, but I am sure he is going to get to the point reasonably soon.

The Hon. K.J. MAHER: It is important to get the information here. The committee tabled its final report on 18 November 2021 recommending that the former Attorney-General be found guilty of contempt for misleading the parliament. The committee did not hear evidence to make adverse findings on maladministration against the Premier or other public officers, however Dr Gray considered that, and I will quote:

The evidence adduced before the select committee revealed a significant failure of good governance. There are considerable issues that arise following the investigation by the Ombudsman concerning the manner in which such a departure from good governance and decision-making was able to occur. These issues were referred to the Ombudsman by the committee for investigation pursuant to section 14(1) of the Ombudsman Act. It is important to note that the Ombudsman must act in accordance with the Ombudsman Act and I am certain that there has never been any suggestion by parliament that the Ombudsman should do otherwise.

The Ombudsman investigated only certain matters, not all matters that were considered by the select committee—

Members interjecting:

The PRESIDENT: Order!

The Hon. K.J. MAHER: —on the conduct of the Hon. Vickie Chapman.

Members interjecting:

The PRESIDENT: Order! I am trying to listen to the minister. Continue, please.

The Hon. K.J. MAHER: The Ombudsman has now delivered a report into the investigation and I thank the Ombudsman for his report. I have now had an opportunity to read the report. It's an important piece of work and I would like to acknowledge the contribution the Ombudsman has made into investigating these matters. We will examine the report, including, and in particular, the way that matters might be referred to the Ombudsman by parliamentary committees.

On 18 November 2021, the House of Assembly passed an unprecedented vote of no confidence in the former Attorney-General. I am informed that it is the first time in the history of South Australia—165 years now of government—that a minister of the Crown has lost the confidence of the House of Assembly.

Further, on 30 November 2021, the Attorney-General was found by the House of Assembly to be guilty of contempt for deliberately misleading parliament following the findings of the committee that three factual statements were false and were known to be false by the Attorney-General at the time of each of those statements. An example of one of those factual statements was that the government had not commissioned its own assessment of the best location for that port to export timber from Kangaroo Island or undertake a process to look at where—

The Hon. D.G.E. HOOD: Point of order.

The PRESIDENT: I will listen to your point of order.

The Hon. D.G.E. HOOD: Mr President, the question was about the Attorney withdrawing the remarks he made last year. This is irrelevant to the question.

The PRESIDENT: The Attorney is actually giving background because there was no explanation given. I am listening to the background and I am sure the Attorney is going to answer the question. Continue, please.

The Hon. K.J. MAHER: The House of Assembly further passed a motion that suspended the former Attorney-General from the service of the house for six days. The former Attorney-General stepped down from her role as Deputy Premier, stepped aside from her ministerial positions and had other ministers appointed to fill the areas from which she stepped down. Sir, statements—

The PRESIDENT: Minister, I'm sure you are getting to the point.

Members interjecting:

The PRESIDENT: Order!

The Hon. K.J. MAHER: Statements that had been made at the time were in accordance with the information presented and the conclusions drawn at the time.

The Hon. N.J. CENTOFANTI: Point of order, Mr President—

Members interjecting:

The PRESIDENT: Order! Minister, would you just like to repeat that last—

The Hon. K.J. MAHER: No.

The Hon. N.J. CENTOFANTI: Point of order, Mr President: can the Attorney-General please repeat that last part of his answer.

The Hon. K.J. MAHER: No, you should listen.

The Hon. D.G.E. HOOD: Point of order, Mr President: he is defying your ruling. You asked him to repeat.

The PRESIDENT: Minister, I didn't hear the last sentence. I would like you to repeat the last sentence, which was your answer to the question. We gave you plenty of leeway to give you a very—

The Hon. K.J. MAHER: I did remark that conclusions were drawn and statements were made on information and reports at the time.

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