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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2022-11-16 Daily Xml
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Independent Commission Against Corruption Investigations

The Hon. F. PANGALLO (21:47): I move:

1. That a select committee of the Legislative Council be established to inquire into and report on—

(a) any damage, harm, or adverse outcomes to any party/ies resulting from investigations undertaken pursuant to the ICAC Act (other than adverse findings resulting from the conduct of persons investigated);

(b) any damage, harm or adverse outcomes to any party/ies resulting from prosecutions which follow investigations undertaken pursuant to the ICAC Act (other than adverse findings resulting from the conduct of persons prosecuted);

(c) options that may prevent or reduce the likelihood of, or any harm or damage resulting from, such outcomes and whether exoneration protocols need to be developed; and

(d) any other related matter; however, the committee shall not receive submissions or evidence in relation to any current investigation, or current prosecution arising from such an investigation, or any matter that is currently the subject of referral by the ICAC for further investigation and potential prosecution.

2. That the committee consist of six members and that the quorum of members necessary to be present at all meetings of the committee be fixed at four members.

3. That the minutes of evidence presented to the select committee of the Fifty-Fourth Parliament on damage, harm or adverse outcomes resulting from ICAC investigations, tabled in the council on 30 November 2021, together with minutes of evidence received in camera and documents received by that committee but not tabled nor resolved to be published, be referred to this select committee.

4. That this council permits the select committee to authorise the disclosure or publication, as it sees fit, of any evidence or documents presented to the committee prior to such evidence being presented to the council.

Continuing members of this council will be most familiar with the topic and terms of reference of the committee, the select committee into damage, harm or adverse outcomes resulting from ICAC investigations. The proposal is that the select committee, in effect, be a reinstatement of the committee that sat in the Fifty-Fourth Parliament, on damage, harm or adverse outcomes resulting from ICAC investigations.

The purpose of that reinstatement is to allow for minutes of evidence received in camera and documents received by the committee, but not tabled or resolved to be published, to be referred to this new select committee. It would be anticipated, given the passage of time and recent events, that the further publication of some evidence that was not made public previously may now be appropriately published. That, of course, will be a matter for the new select committee as it is reconstituted to resolve.

I note also that while I chaired the previous committee all who served on it to its conclusion are still in the chamber, and I hope that they will welcome this opportunity to conclude some unfinished business of that committee. I also anticipate that this will be welcome news for some, including the current and previous ICAC commissioners, who both have been critical in media forums, such as the Australian Financial Review earlier this year, of some correspondence and evidence not previously made public. I have already tabled the document from the Australian Financial Review in my previous address and motion, but should I seek leave to table one of the news reports?

The PRESIDENT: The Hon. Mr Pangallo, that report has already been tabled. You can refer to it, but it has already been tabled, I believe.

The Hon. F. PANGALLO: I also wish to table the Hansard of the Senate committee looking into the national crime commission, in which the Independent Commissioner Against Corruption in South Australia, Ms Ann Vanstone QC, gave evidence. I wish to table the evidence that was given to that committee by the current ICAC commissioner.

Leave granted.

The Hon. F. PANGALLO: That will conclude that, and I commend the motion to the chamber.

Debate adjourned on motion of Hon. I.K. Hunter.

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