❓ Hon Robin Chapple asks about the reporting requirements for Public Sector Commission investigations and special inquiries directed by the government. The Premier's representative clarifies the process and relevant legislation, noting that while reports are provided to the minister, their public release is at the minister's discretion.
AnsweredQoN 456Legislative Council
QuestionView source ↗
PUBLIC
SECTOR COMMISSION — INVESTIGATIONS — REPORTS
456. Hon ROBIN CHAPPLE to the
Leader of the House representing the Premier:
(1) When the Public Sector Commission is
directed by the government to conduct investigations and special inquiries, is
it a requirement that a report be provided?
(2) If no to (1), why not?
(3) If yes to (1), who is the report
provided to, and is it publicly available?
(4) Are there any provisions in any key
legislation to make the report available?
(5) If yes to (4), please provide details of
the specific act and section within the act.
SECTOR COMMISSION — INVESTIGATIONS — REPORTS
456. Hon ROBIN CHAPPLE to the
Leader of the House representing the Premier:
(1) When the Public Sector Commission is
directed by the government to conduct investigations and special inquiries, is
it a requirement that a report be provided?
(2) If no to (1), why not?
(3) If yes to (1), who is the report
provided to, and is it publicly available?
(4) Are there any provisions in any key
legislation to make the report available?
(5) If yes to (4), please provide details of
the specific act and section within the act.
AnswerView source ↗
I thank the member for some notice of this question.
I had hoped that the
member would ask me a question on Aboriginal Affairs, since he had six
questions today. With all due respect to the honourable member, to have six
questions in the one day and not ask one puts a lot of pressure on the department.
Perhaps the member can spread his questions out a little bit.
Hon Kate Doust : It's your job to answer the
questions.
Hon PETER COLLIER : That is a fair cop! The member had six
questions without notice for which I have answers and not one has been asked.
Hon Kate Doust : It's your job to answer the
questions!
Hon PETER COLLIER : I have the answers. That is the point. All I
am saying is that if the member is going to foreshadow six questions, he should
at least ask one of them in the house.
The PRESIDENT : Let us hear the
answer to this one.
Hon PETER COLLIER : Thank you, Mr
President.
(1) Under the Public Sector Management Act
1994, the Public Sector Commissioner can be directed to undertake a special
inquiry but cannot be directed to undertake an investigation.
(2) Refer to (1) above.
(3) If the Premier, as the responsible
minister, directs the Public Sector Commissioner to arrange for a special
inquiry to be conducted, the special inquirer must report to the Public Sector
Commissioner on the conduct and findings and any recommendations of the
inquiry. The commissioner is required by section 24K(2) of the Public Sector
Management Act 1994 to provide the minister with a copy of the report of such a
directed special inquiry. It is open to the minister, on receipt of the report,
to determine whether or not it is made publicly available. To date, the reports
of all such inquiries have been tabled in Parliament.
(4) Yes.
(5) The Public Sector Commissioner has
discretion under sections 22D(1) and 22E of the Public Sector Management Act
1994 to prepare a report at any time on any matter arising out of the
performance of the commissioner's functions that are, in the
commissioner's opinion, of such significance as to require reporting in
that matter. Such a report is required under section 22F(1) and (2) to be
transmitted by the commissioner to each house of Parliament or, if the house is
not sitting, to the Clerk of that house within 14 days of being signed by the
commissioner.
I had hoped that the
member would ask me a question on Aboriginal Affairs, since he had six
questions today. With all due respect to the honourable member, to have six
questions in the one day and not ask one puts a lot of pressure on the department.
Perhaps the member can spread his questions out a little bit.
Hon Kate Doust : It's your job to answer the
questions.
Hon PETER COLLIER : That is a fair cop! The member had six
questions without notice for which I have answers and not one has been asked.
Hon Kate Doust : It's your job to answer the
questions!
Hon PETER COLLIER : I have the answers. That is the point. All I
am saying is that if the member is going to foreshadow six questions, he should
at least ask one of them in the house.
The PRESIDENT : Let us hear the
answer to this one.
Hon PETER COLLIER : Thank you, Mr
President.
(1) Under the Public Sector Management Act
1994, the Public Sector Commissioner can be directed to undertake a special
inquiry but cannot be directed to undertake an investigation.
(2) Refer to (1) above.
(3) If the Premier, as the responsible
minister, directs the Public Sector Commissioner to arrange for a special
inquiry to be conducted, the special inquirer must report to the Public Sector
Commissioner on the conduct and findings and any recommendations of the
inquiry. The commissioner is required by section 24K(2) of the Public Sector
Management Act 1994 to provide the minister with a copy of the report of such a
directed special inquiry. It is open to the minister, on receipt of the report,
to determine whether or not it is made publicly available. To date, the reports
of all such inquiries have been tabled in Parliament.
(4) Yes.
(5) The Public Sector Commissioner has
discretion under sections 22D(1) and 22E of the Public Sector Management Act
1994 to prepare a report at any time on any matter arising out of the
performance of the commissioner's functions that are, in the
commissioner's opinion, of such significance as to require reporting in
that matter. Such a report is required under section 22F(1) and (2) to be
transmitted by the commissioner to each house of Parliament or, if the house is
not sitting, to the Clerk of that house within 14 days of being signed by the
commissioner.
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