Question – Conduct of the Office of the Solicitor General

Asked by the Hon. Meg Webb MLC on 29 September 2022 and answered by the Attorney-General and Minister for Justice on 18 October 2022.

On 28 September 2022 the Mercury, the Examiner, and the Advocate published an opinion piece written by Alysha, a whistleblower from Ashley Youth Detention Centre (“AYDC”). The opinion piece raised serious questions about the conduct of the Office of the Solicitor-General (“OSG”) in relation to Alysha’s worker’s compensation case, on instructions from the Department of Communities, and its impact Alysha’s testimony before the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings (“COI”). The opinion piece extracted correspondence between Alysha and the Attorney-General, which suggested that the Attorney-General was aware of the issues of the OSG’s conduct, the potential conflict of interest held by the OSG’s instructor(s), and the potential impact on a Commission of Inquiry duly constituted according to law.

Can the Government advise:

1. the identity of the persons who have provided instructions and background to the Office of the Solicitor-General (“OSG”) in relation to the workers compensation matter of the AYDC whistleblower publicly known as Alysha (“Alysha”);
2. whether the Attorney-General was aware of the potential for conflict of interest arising from Alysha’s testimony before the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings (“COI”) in relation to the conduct of persons within the Department of Communities (“implicated persons”), and the acceptance of instructions by the OSG from:
            a. implicated persons;
            b. persons subordinate in authority to implicated persons.

3. whether the Attorney-General is aware of any concerns raised by the COI with the OSG in relation to the potential obstruction of the COI by the OSG arising from its tactics and approach in relation to Alysha’s workers compensation matter, and potential reprisal against her.

Answer:

It would not be appropriate for the Government to comment on active individual matters.

Generally speaking, the day-to-day management of a worker’s compensation claim sits with the relevant agency; however if legal advice or representation is required, the agency refers that claim to the Civil Litigation Branch of the Office of the Solicitor General, who will then take primary responsibility for the management of the legal matters.

The role of Attorney-General allows for instructions to be issued regarding the management of civil claims at a policy level, but it would not be appropriate for the Attorney-General to interfere in an individual’s workers compensation claim process.

Worker’s compensation claims must be treated lawfully and fairly, free from any political interference, and I am assured there are processes in place to avoid potential conflicts of interest.

As with all civil proceedings involving the State of Tasmania, the Office of the Solicitor-General, or any legal practitioners representing the State, are required to adhere to the Model Litigant Guidelines at all times. to ensure all civil matters are dealt with fairly, efficiently and appropriately.

Further, the Commissions of Inquiry Act 1993 provides protection for those who have given evidence to the Commission. from disadvantage and from the use of their evidence in other proceedings.