Mr. Birney questions the legal basis for findings against a minister in an inquiry, referencing the Prisons Act. Mr. D'Orazio defends the inquiry's scope, citing the Premier's directive and government accountability.

AnsweredQoN 61Legislative Assembly
Asked
7 April 2005
Portfolio
Justice

QuestionView source ↗

I have a supplementary question. Is the minister aware that section 9 of the Prisons Act 1981 - the section he just referred to as being the one that could allow for a finding to be made against a minister - allows for a finding to be made only against either a prisoner or a prison officer? Mr J.B. D’ORAZIO

AnswerView source ↗

Once again, I will remind the Leader of the Opposition that I made no such comment. I said that this inquiry has four heads of power. The first is the Public Sector Management Act, the second is the directive of the Premier to his ministers - Mr M.J. Birney : Which section allows for a finding to be made against a minister? Mr J.B. D’ORAZIO : I have just explained it. Several members interjected. Mr J.B. D’ORAZIO : Can I be allowed to answer the question? There is a direction from the Premier of this state that ministers will subject themselves to this inquiry in every way. Does that not allow the inquiry to make a comment about the role of the minister? Not only that, the government wants to appear before this inquiry because its story is open and accountable. We want the community to see our record, but the Leader of the Opposition does not want his party’s record to be seen.
Mr J.B. D’ORAZIO replied: Once again, I will remind the Leader of the Opposition that I made no such comment. I said that this inquiry has four heads of power. The first is the Public Sector Management Act, the second is the directive of the Premier to his ministers - Mr M.J. Birney : Which section allows for a finding to be made against a minister? Mr J.B. D’ORAZIO : I have just explained it. Several members interjected. Mr J.B. D’ORAZIO : Can I be allowed to answer the question? There is a direction from the Premier of this state that ministers will subject themselves to this inquiry in every way. Does that not allow the inquiry to make a comment about the role of the minister? Not only that, the government wants to appear before this inquiry because its story is open and accountable. We want the community to see our record, but the Leader of the Opposition does not want his party’s record to be seen.
Once again, I will remind the Leader of the Opposition that I made no such comment. I said that this inquiry has four heads of power. The first is the Public Sector Management Act, the second is the directive of the Premier to his ministers - Mr M.J. Birney : Which section allows for a finding to be made against a minister? Mr J.B. D’ORAZIO : I have just explained it. Several members interjected. Mr J.B. D’ORAZIO : Can I be allowed to answer the question? There is a direction from the Premier of this state that ministers will subject themselves to this inquiry in every way. Does that not allow the inquiry to make a comment about the role of the minister? Not only that, the government wants to appear before this inquiry because its story is open and accountable. We want the community to see our record, but the Leader of the Opposition does not want his party’s record to be seen.
Mr M.J. Birney : Which section allows for a finding to be made against a minister? Mr J.B. D’ORAZIO : I have just explained it. Several members interjected. Mr J.B. D’ORAZIO : Can I be allowed to answer the question? There is a direction from the Premier of this state that ministers will subject themselves to this inquiry in every way. Does that not allow the inquiry to make a comment about the role of the minister? Not only that, the government wants to appear before this inquiry because its story is open and accountable. We want the community to see our record, but the Leader of the Opposition does not want his party’s record to be seen.
Mr J.B. D’ORAZIO : I have just explained it. Several members interjected. Mr J.B. D’ORAZIO : Can I be allowed to answer the question? There is a direction from the Premier of this state that ministers will subject themselves to this inquiry in every way. Does that not allow the inquiry to make a comment about the role of the minister? Not only that, the government wants to appear before this inquiry because its story is open and accountable. We want the community to see our record, but the Leader of the Opposition does not want his party’s record to be seen.
Several members interjected. Mr J.B. D’ORAZIO : Can I be allowed to answer the question? There is a direction from the Premier of this state that ministers will subject themselves to this inquiry in every way. Does that not allow the inquiry to make a comment about the role of the minister? Not only that, the government wants to appear before this inquiry because its story is open and accountable. We want the community to see our record, but the Leader of the Opposition does not want his party’s record to be seen.
Mr J.B. D’ORAZIO : Can I be allowed to answer the question? There is a direction from the Premier of this state that ministers will subject themselves to this inquiry in every way. Does that not allow the inquiry to make a comment about the role of the minister? Not only that, the government wants to appear before this inquiry because its story is open and accountable. We want the community to see our record, but the Leader of the Opposition does not want his party’s record to be seen.

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