Article-Public Servant list sent to lawyers, says Rockliff

November 3, 2023

Article | The Mercury| 3 November 2023; pg 7.
PS list send to lawyers, says Rockliff
David Killick

Premier Jeremy Rockliff says government lawyers were provided a list of those facing potential adverse findings from the Commission
of Inquiry months ago – revising a statement he made in parliament just 24 hours earlier.

In the House of Assembly on Thursday, Mr Rockliff said he had just become aware the government was informed in April of the public
servants who might attract negative commentary in the commission’s final report.

On Wednesday he said: “The commission did not provide the state with a list of individuals who received misconduct notices.”
Mr Rockliff said he wished to update that statement.

“My response was the commission did not provide the state with a list of individuals who received misconduct notices.
The statement is correct,” he said.

“Since my response, further information has been brought to my attention and in the interest of full transparency, I would like to
update the House.

“I’m advised that the Commission of Inquiry did write to the state’s lawyer in April of this year advising of current and former state
servants to who the commission had, intended or was considering issuing misconduct notices to.

“To be clear this correspondence was not shared with myself, ministers or our offices.”

Mr Rockliff did not table the advice. The commission issued 30 notices to 22 people that they faced potential adverse findings.

Legislative Councillor Meg Webb pointed out that the commission’s final report revealed several senior public servants and eight
government bodies had provided Procedural Fairness Responses to the commission.

Ms Webb said plans for an internal review were “clearly misguided and unable to pass even the lowest bar for independence and
transparency”.

“It is astonishing to see the government compelled to make a correction demonstrating a clear disconnect between the state’s lawyers,
departmental bureaucrats and the Premier and his Ministers – with information failing to be shared in relation to current and former
state servants the commission had intended or was considering issuing misconduct notices to,” Ms Webb said.

“The correction provided today was only dragged into the light by the pressure of parliamentary questions and my persistent spotlight on the need for independent assessment and greater transparency.

“The need to correct the record calls into question what further details may not yet have come to light and may yet emerge on the
intended misconduct findings by the Commission of Inquiry.”

The commission complained it had been hamstrung by legislative shortcomings and aggressive pushback from government lawyers
and only one adverse finding was made against one individual in the commission’s final report.

Labor leader Rebecca White was unimpressed by the Premier’s statement.

“How has it taken until today for your government to realise that you do know the names of those individuals that the Commission of
Inquiry was unable to make misconduct findings about when we’ve asked you so many questions about what you’re going to do to find
out the names of those people and to make sure they’re held to account?” Ms White asked.

“This parliament, this House, even moved in order, demanding that you come back to this place and outline publicly how you’re going
to bring them to justice.

“How is it only today that your government realises you’ve had these names since April?”

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