❓ Mr. Wyatt questions the Premier about legal advice sought after receiving a CCC report regarding a road traffic incident involving the former Member for Vasse and the consequences for his electorate officer. The Premier details the process of tabling the report and ensuring natural justice, but denies further action.
AnsweredQoN 126Legislative Assembly
QuestionView source ↗
FORMER MEMBER FOR VASSE — ROAD TRAFFIC
INCIDENT — CORRUPTION AND CRIME COMMISSION REPORT
126. Mr B.S. WYATT to the Premier:
I have a supplementary question.
What legal and other advice did the Premier seek after receiving the Corruption
and Crime Commission report and what advice, if any, was recommended about Mr
Buswell's former electorate officer, who appears to be the only
casualty in this whole sordid affair?
INCIDENT — CORRUPTION AND CRIME COMMISSION REPORT
126. Mr B.S. WYATT to the Premier:
I have a supplementary question.
What legal and other advice did the Premier seek after receiving the Corruption
and Crime Commission report and what advice, if any, was recommended about Mr
Buswell's former electorate officer, who appears to be the only
casualty in this whole sordid affair?
AnswerView source ↗
The Corruption and Crime
Commissioner sent me a copy of the report. Apart from making a commitment,
which I made to the Leader of the Opposition, that I had received the report,
and I think he was informed by the CCC that there was a report, I wrote to the
Leader of the Opposition and said that when Parliament returns I would be
tabling it as it is, warts and all, if you like.
Several members interjected.
Mr
C.J. BARNETT : There was no obligation on me to actually table it, other
than that I think it was an ethical thing to do. I make the point that the CCC —
Several members interjected.
The
SPEAKER : Members!
Mr
C.J. BARNETT : Listen, listen! The CCC commissioner, for whatever reason,
chose not to release it himself. I do not know why. He sent it to me and I immediately
informed the Leader of the Opposition that I would table it when Parliament
returns. There was no great thought process in that. It was just the proper and
correct thing to do.
Mr
M. McGowan : He wrote to me.
Mr
C.J. BARNETT : He wrote to you and I also wrote to you, didn't I? I wrote
to the Leader of the Opposition on receiving the report.
Mr
M. McGowan : I do not remember your letter; I remember his letter.
Mr
C.J. BARNETT : That is the correct thing to do. But the CCC commissioner
chose not to the release it himself. He gave it to me—''Do what
you want.'' As to legal advice, the State Solicitor would have looked at
it. We would have made sure that the people named in it were given a copy to
read, and a sort of natural justice process would have followed, but nothing
beyond that. Obviously, I imagine the people named in it, Rachael Turnseck and
Leo Gibbons, I think his name was, would have been given the opportunity to
have that report to look at it before its public release, but beyond that,
there was nothing at all. I received the report. It made recommendations. We
agree with those recommendations. I said I would table it in Parliament, which
I did. Both those people have left the public service, and the commissioner
really does not recommend any further action. These are not criminal acts.
Several members interjected.
Mr C.J. BARNETT :
They are not criminal acts. They breached their responsibility as public
servants. There was nothing, as the CCC report states, for them to gain from
this.
Several members interjected.
The
SPEAKER : Member for Cannington!
Mr
C.J. BARNETT : Their mistake was a loyalty to the former minister, Troy
Buswell. Their mistake was a loyalty to an individual.
Several members interjected.
The
SPEAKER : Member for Girrawheen!
Several members interjected.
The
SPEAKER : Member for Warnbro, I call you to order for the first time. Member
for Bassendean, I call you to order for the second time. Premier, please
provide a quick answer through the Chair.
Mr
C.J. BARNETT : We are all fair game in this chamber.
Mr
P. Papalia interjected.
The
SPEAKER : Member for Warnbro, I call you to order for the second time.
Mr
C.J. BARNETT : If members opposite have a complaint against me, go for it—go
as hard as you want to! If you have a complaint —
Mr
W.J. Johnston interjected.
The
SPEAKER : Member for Cannington, I call you to order for the first time.
Mr
C.J. BARNETT : If members opposite have a complaint against the Corruption
and Crime Commission commissioner's recommendations or what action he
is free to take, they should take it to him.
Several members interjected.
Mr
C.J. BARNETT : Go and see John McKechnie; go and make a complaint if you are
unhappy with his report. If they think there should be criminal proceedings or
something should flow from it, they should make their case to him. It is his
report, not mine.
Commissioner sent me a copy of the report. Apart from making a commitment,
which I made to the Leader of the Opposition, that I had received the report,
and I think he was informed by the CCC that there was a report, I wrote to the
Leader of the Opposition and said that when Parliament returns I would be
tabling it as it is, warts and all, if you like.
Several members interjected.
Mr
C.J. BARNETT : There was no obligation on me to actually table it, other
than that I think it was an ethical thing to do. I make the point that the CCC —
Several members interjected.
The
SPEAKER : Members!
Mr
C.J. BARNETT : Listen, listen! The CCC commissioner, for whatever reason,
chose not to release it himself. I do not know why. He sent it to me and I immediately
informed the Leader of the Opposition that I would table it when Parliament
returns. There was no great thought process in that. It was just the proper and
correct thing to do.
Mr
M. McGowan : He wrote to me.
Mr
C.J. BARNETT : He wrote to you and I also wrote to you, didn't I? I wrote
to the Leader of the Opposition on receiving the report.
Mr
M. McGowan : I do not remember your letter; I remember his letter.
Mr
C.J. BARNETT : That is the correct thing to do. But the CCC commissioner
chose not to the release it himself. He gave it to me—''Do what
you want.'' As to legal advice, the State Solicitor would have looked at
it. We would have made sure that the people named in it were given a copy to
read, and a sort of natural justice process would have followed, but nothing
beyond that. Obviously, I imagine the people named in it, Rachael Turnseck and
Leo Gibbons, I think his name was, would have been given the opportunity to
have that report to look at it before its public release, but beyond that,
there was nothing at all. I received the report. It made recommendations. We
agree with those recommendations. I said I would table it in Parliament, which
I did. Both those people have left the public service, and the commissioner
really does not recommend any further action. These are not criminal acts.
Several members interjected.
Mr C.J. BARNETT :
They are not criminal acts. They breached their responsibility as public
servants. There was nothing, as the CCC report states, for them to gain from
this.
Several members interjected.
The
SPEAKER : Member for Cannington!
Mr
C.J. BARNETT : Their mistake was a loyalty to the former minister, Troy
Buswell. Their mistake was a loyalty to an individual.
Several members interjected.
The
SPEAKER : Member for Girrawheen!
Several members interjected.
The
SPEAKER : Member for Warnbro, I call you to order for the first time. Member
for Bassendean, I call you to order for the second time. Premier, please
provide a quick answer through the Chair.
Mr
C.J. BARNETT : We are all fair game in this chamber.
Mr
P. Papalia interjected.
The
SPEAKER : Member for Warnbro, I call you to order for the second time.
Mr
C.J. BARNETT : If members opposite have a complaint against me, go for it—go
as hard as you want to! If you have a complaint —
Mr
W.J. Johnston interjected.
The
SPEAKER : Member for Cannington, I call you to order for the first time.
Mr
C.J. BARNETT : If members opposite have a complaint against the Corruption
and Crime Commission commissioner's recommendations or what action he
is free to take, they should take it to him.
Several members interjected.
Mr
C.J. BARNETT : Go and see John McKechnie; go and make a complaint if you are
unhappy with his report. If they think there should be criminal proceedings or
something should flow from it, they should make their case to him. It is his
report, not mine.
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