❓ Mr Papalia questions the Minister for Corrective Services about a whistleblower's treatment, specifically regarding leave without pay and the Minister's knowledge of the situation. The Minister responds by citing the Public Sector Management Act, limiting ministerial involvement, and stating he referred the matter to the Public Sector Commissioner.
AnsweredQoN 887Legislative Assembly
QuestionView source ↗
CORRECTIVE SERVICES — WHISTLEBLOWER
887. Mr P. PAPALIA to the Minister for
Corrective Services:
I refer to the minister's
response last week in relation to questions about the treatment of a
whistleblower by the Department of Corrective Services, and his claim that he
had no knowledge of the whistleblower being forced on leave without pay.
(1) Noting the
whistleblower informed the minister's chief of staff of the matter in a
series of email exchanges on 5 September, 11 October and 14 October, and also
met with a staff member of the minister's office in person on 11 October,
did the minister mislead the house last week when he said he had no knowledge
of her loss of pay?
(2) What action
has the minister taken to assist the whistleblower since becoming aware that
her pay has been stopped?
887. Mr P. PAPALIA to the Minister for
Corrective Services:
I refer to the minister's
response last week in relation to questions about the treatment of a
whistleblower by the Department of Corrective Services, and his claim that he
had no knowledge of the whistleblower being forced on leave without pay.
(1) Noting the
whistleblower informed the minister's chief of staff of the matter in a
series of email exchanges on 5 September, 11 October and 14 October, and also
met with a staff member of the minister's office in person on 11 October,
did the minister mislead the house last week when he said he had no knowledge
of her loss of pay?
(2) What action
has the minister taken to assist the whistleblower since becoming aware that
her pay has been stopped?
AnswerView source ↗
I thank the member for Warnbro for
his question.
(1)–(2) I
will start by reiterating that under the Public Sector Management Act,
ministers are limited as to how much they can be involved in these particular
matters. The Public Sector Management Act 1994 has a very short little section—section
8(2)(b)—which reads —
an employing authority is not
subject to any direction given, whether under any written law or otherwise, by
the Minister responsible for the department or organisation, but shall, subject
to this Act, act independently.
I am always willing to listen to the
many people who come to see me; when she came to see me on 9 July, I listened.
I made it perfectly clear that I could not involve myself in these things, but
I listened to her concerns and I made a commitment to tell the Public Sector
Commissioner that day of the issues she raised. I did so in writing that day,
and I am happy to give the member for Warnbro a copy of the letter, which reads
—
Dear Mr Wauchope
This afternoon I had a meeting with
and legal representative
In fact, I am happy to table this,
if the member for Warnbro would like me to. Obviously, I have deleted the
person's name, but I am pretty sure we are talking about the same
person.
Since that time, I understand that
person has contacted my office on a number of occasions, and it has been made
clear repeatedly to that person that I cannot involve myself in this matter and
that it is in the hands of the Public Sector Commissioner and the Department of
Corrective Services, as it should be. I do not know what happened when Labor
was in government and I do not know what kind of involvement ministers had with
the direct employment or otherwise of public servants, but it is a path that I
am not quite prepared to go down because I know my limitations under the Public
Sector Management Act. Although I have complete sympathy for the individual and
her cause, I am not going to break the law in order to do anything that perhaps
the member for Warnbro might be suggesting he would do if he were the minister.
I am happy to table that letter.
[See paper 1248.]
his question.
(1)–(2) I
will start by reiterating that under the Public Sector Management Act,
ministers are limited as to how much they can be involved in these particular
matters. The Public Sector Management Act 1994 has a very short little section—section
8(2)(b)—which reads —
an employing authority is not
subject to any direction given, whether under any written law or otherwise, by
the Minister responsible for the department or organisation, but shall, subject
to this Act, act independently.
I am always willing to listen to the
many people who come to see me; when she came to see me on 9 July, I listened.
I made it perfectly clear that I could not involve myself in these things, but
I listened to her concerns and I made a commitment to tell the Public Sector
Commissioner that day of the issues she raised. I did so in writing that day,
and I am happy to give the member for Warnbro a copy of the letter, which reads
—
Dear Mr Wauchope
This afternoon I had a meeting with
and legal representative
In fact, I am happy to table this,
if the member for Warnbro would like me to. Obviously, I have deleted the
person's name, but I am pretty sure we are talking about the same
person.
Since that time, I understand that
person has contacted my office on a number of occasions, and it has been made
clear repeatedly to that person that I cannot involve myself in this matter and
that it is in the hands of the Public Sector Commissioner and the Department of
Corrective Services, as it should be. I do not know what happened when Labor
was in government and I do not know what kind of involvement ministers had with
the direct employment or otherwise of public servants, but it is a path that I
am not quite prepared to go down because I know my limitations under the Public
Sector Management Act. Although I have complete sympathy for the individual and
her cause, I am not going to break the law in order to do anything that perhaps
the member for Warnbro might be suggesting he would do if he were the minister.
I am happy to table that letter.
[See paper 1248.]
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