Alysha case raises questions about Attorney-General: Lawyer

Sean Ford | The Examiner | 28 September 2022

The state government’s approach to a workers compensation case an Ashley Youth Detention Centre whistleblower says is destroying her raises questions about Attorney-General Elise Archer’s performance, according to a prominent lawyer.

Legal figures, independent MPs Kristie Johnston, Andrew Wilkie and Meg Webb, the Greens and Labor have all called on the government to intervene in the case of whistleblower Alysha.

READ MORE: Claims government can’t intervene in Ashley case are BS: Lawyer

Alysha’s revelations were pivotal in former premier Peter Gutwein’s decision to close the centre and she was a key witness in the Ashley hearings of the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings.

Alysha said she was in danger of losing her young family’s home, her health and her family were being affected and her medical advice was to not agree to a fifth psychiatric assessment – the fourth requested by authorities – because reliving her experiences repeatedly was dangerous for her.

Ms Webb described that as the government “doctor shopping”.

Premier Jeremy Rockliff and a government spokesperson said during the week the government could not intervene in a workers compensation case.

Prominent lawyer Greg Barns SC rubbished that claim, describing it as “bulls..t” and saying Mr Rockliff’s government was the client on the matter.

Another prominent lawyer, Fabiano Cangelosi, said Ms Archer’s claims she could not interfere confused her constitutional function with her “political nature”, and risked allowing the solicitor general’s office to act without constitutional oversight.

“The abnegation of that constitutional function by the AG (Ms Archer) is profoundly disturbing and raises the issue of the AG’s own fitness to discharge her constitutional role,” Mr Cangelosi said.

Barrister Mr Cangelosi, a former Australian Lawyers Alliance state president who ran for Labor in the last state election, said: “People sometimes think of the Attorney-General as a political role, but it is actually a constitutional role that is occupied by a politician.”

“The constitutional role is that of the first law officer: The person in cabinet with primary responsibility for the administration of justice.

“It is wholly consistent with the constitutional nature of the role for the AG to require the meeting of standards of good conduct in litigation carried on by the SG on behalf of the state.

“Where the SG fails to comply, it is for the AG to advise the governor, who may act in accordance with section 6A of the Solicitor-General Act to suspend the office holder, or 6E to remove the office holder and to replace that person with another who will uphold standards of good conduct.”

It is understood the government is engaging independent counsel for Alysha’s case, which would remove its carriage from the solicitor-general’s office.

Ms Archer said: “Workers compensation claims must be treated lawfully and fairly , free from any political interference.”

“Accordingly, it would not be appropriate for me as Attorney-General, or any member of the government or parliament for that matter, to intervene in this or any other worker’s compensation claim.”

A government spokesperson said: “The role of Attorney-General allows for instructions to be issued regarding the management of civil claims at a policy level, but it would still not be appropriate for the AG to interfere in an individual’s worker’s compensation claim process.”

Tasmanian Greens Leader Cassy O’Connor said the situation spoke volumes about how whistleblowers were treated in Tasmania, and the need for reform.

“If Alysha hadn’t spoken up, Tasmanians wouldn’t know just how dire the situation is for children and young people at Ashley,” Ms O’Connor said.

“Alysha had the courage to blow the whistle about past sexual abuse at Ashley, violent assaults of detainees, rogue staff and management who turned a blind eye.

“For that, she has paid a heavy price.

“Instead of thanking Alysha for acting on behalf of the kids at Ashley, government has let her down time and again.”

See more of Meg in the media.