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PARLIAMENT OF TASMANIA
Excerpt from Hansard
Wednesday 9th April 2008
ICAC
Mr GUTWEIN (Bass) - This is obviously a very important motion. The fact that the first motion listed on the Notice Paper was one by the Leader of the Opposition about the need for an ICAC in the State indicates very strongly that the State Opposition hold the belief that we need an ICAC. I do not think that there is any better example than what has occurred in the last 24 hours. I have to say that the last 24 hours have been a sad thing for this Parliament. For all of us in public life in this State, what has occurred without doubt is going to have an effect. There is absolutely no doubt that Mr Kons came into this Parliament yesterday after having been alerted to the fact that there were concerns about the matters that were raised yesterday and over the weekend. He must have known full well that he was going to get the question. One can only presume that it was a premeditated act - a conscious and considered act. He knew the question was coming but he decided to lie. That is unacceptable. Sure, he has tendered his resignation but at the end of the day what faith can any of us or the public of Tasmania have that previous lies have not been told. That is the problem; that is the issue.
I want to go to the Premier's comments last month which he made in regard to an ICAC. He said that an ICAC was not necessary. ICACs were established where evidence of organised crime existed, he said. I find that a preposterous statement and I can assure the House from my research that such is not the case at all. I want to share with the House the meaning of corruption that is included in the New South Wales act, because it is quite enlightening, Mr Speaker. Corrupt conduct is:
- Any conduct of any person, whether or not a public official, that adversely affects or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official, any group or body of public officials, or any public authority'.
I would think the fact that we now know that the former head of DPAC interfered in a magisterial appointment very clearly fits that definition. Strike one. The next point says:
- Any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions'.
Mr Kons, strike two. I continue:
- Any conduct of a public official or former public official that constitutes or involves a breach of public trust'.
Well, if we did not witness here yesterday the most significant breach of the public's trust in this Parliament, a place that should be above reproach, then I must say, Mr Speaker, that we should all be concerned about what we witnessed yesterday. That is (a), (b) and (c) straight out of the definition of the New South Wales ICAC act in regard to what they mean by corruption - and the Premier says that we do not need an ICAC. I find it absolutely preposterous.
One of the things I found really interesting as well in reviewing some of the debate from last week was that there is no doubt that members of the Government must also have lost faith in regard to what occurred yesterday with their colleague. Let me refer you to last week's Hansard in relation to a matter of public importance on which Mr Llewellyn made a contribution. This was in relation to the matters relating to Mr Green and Mr Bale's contribution and the evidence that was provided both in the court and the documentation that was tabled here. When challenged by Mr Llewellyn on this matter, Mr Whiteley said:
'That is not true. We are basing everything we do on fact - e-mails, letters of advice, press releases. We are not making it up.'
And we were not. Mr Llewellyn then said:
'The facts are in front of you in written form there and stated by the person that we are talking about, the Solicitor-General'.
Mr Whiteley then said:
'Your Deputy Premier could not answer three questions this morning' -
a bit of déjà vu there. Mr Llewellyn then went on to say:
'He provided that advice and also in written form at a subsequent time. Why are those facts not being taken as reality? You are saying they are not true but they are facts that are written'.
How can we believe what is being said or placed before this House? How can you believe what your colleagues -
Mr Llewellyn - I was referring to the Solicitor-General's report and you know that.
Mr GUTWEIN - No, I do not. In fact, I am reading directly from the Hansard and the comments that were made by Mr Whiteley.
Mr Llewellyn - You are referring to statements made by the Solicitor-General.
Mr GUTWEIN - I am referring directly to what was said by Mr Whiteley. It is here in the Hansard, Mr Llewellyn -
Mr Llewellyn - Yes - about the Solicitor-General's letter.
Mr GUTWEIN - How you could have any faith in the actions of your colleagues this week moving forward is beyond me.
In regard to an ICAC, one of the things that I think is important is that an ICAC can provide the opportunity to educate and inform. It provides an opportunity for the public officials to understand where the line is. In New South Wales one of the key roles of their ICAC is prevention and education. In regard to the style of ICAC that hopefully will be developed here, one of the key things that we need to ensure is prevention and education as one of its key roles. People need to know. The ICAC in New South Wales conducts training sessions for New South Wales public sector agencies interestingly enough to help them develop resistance against corruption - to draw a line in the sand and to understand -
Mr McKim - Like preventive health.
Mr GUTWEIN - It is a lot like preventive health.
In the case of an ICAC for Tasmania, what saddens me is that here we have a very important debate that I would have thought that more members of the Government might take an interest in. This is something that, unfortunately, as I said earlier, the matters that have occurred in the last 24 hours have not only brought the Government into disrepute but have the ability to tarnish all of us, and that is simply not good enough.
I think I will finish now, Mr Speaker, because I would like to ensure that the Government has sufficient time to make their response today. It is obvious now that there is a growing call in this State for an ICAC. The TCCI, which has been referred to in this Chamber already today, is now obviously on board. They recognise the need because they believe that the Deputy Premier's resignation as a result of his lies in here yesterday could be a blow to business confidence. I think that is pretty sound reasoning.
Mr McKim - Absolutely.
Mr GUTWEIN - It was not so long ago that in this place the then Deputy Premier was explaining to this House how proud he was to have what he termed a 'super-portfolio'. He was explaining just how important the Infrastructure portfolio and his role was going to be in ensuring that Tasmania had the necessary networks, strategies and transport systems to take us into the future. Well, he is no longer here so I can fully understand why the TCCI have now jumped on board.
Mr Speaker, I think the case has been well made in this place. I think that the Premier's early protestations in regard to the reasons that an ICAC should not be set up here, were blown to smithereens in the last 24 hours. Certainly from the State Opposition's point of view the Government needs to act quickly because not to do so is simply going to allow a further erosion of public confidence to grow in regard to public administration in this State.
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