Media Release: Government Fails to Answer Parliamentary Questions on Who Knew What When over Commission of Inquiry Concerns
Government Fails to Answer Parliamentary Questions on Who Knew What When over Commission of Inquiry Concerns
4 December 2023
The State government continues to hide from addressing concerns the Commission of Inquiry was prevented from finishing its work, despite promising to provide answers to specific questions before parliament rose for the summer break, according to Independent Member for Nelson Meg Webb MLC.
“I was promised on the 14th of November that before parliament rose for the year, I would receive formal answers to my five Commission of Inquiry-related Questions on Notice, yet three weeks later I am still waiting,” Ms Webb said.
“The ongoing silence, despite promises, can only be interpreted that the answers will expose the government’s continued failure to address the concerns raised by the Commissioners themselves and by victims/survivors and others since.
“My parliamentary questions attempt to get to the heart of who in government knew what when, regarding the Commission’s concerns about the Act and other impediments preventing the Commission from it doing its job.
“Victims/survivors and their supporters deserve to know when the Premier, the Attorney-General, their political offices, and their respective Departments were first informed of the Commission’s concerns regarding impediments to its work, given the critical accountability gaps in the final report.
“None of the subsequent reviews announced by the government will examine and provide a transparent explanation of the interactions between the state’s lawyers and the Commission, and the impact these may have had on suppressing findings of misconduct.
“This information of who knew what when would be extremely pertinent to this week’s parliamentary scrutiny hearings on the government’s Commission of Inquiry Recommendations Implementation Plan, begging the question what has the government got to hide?
Ms Webb also pointed to her question seeking information on the Ashely Youth Detention Centre tabled in October which is still unanswered.
Text of Ms Webb’s Commission of Inquiry Questions on Notice still unanswered:
- Ms Webb to ask the Honourable Leader of the Government —
With regard to the Commission of Inquiry into the Tasmanian Government’s Response to Child Sexual Abuse in Institutional Settings, a specific question I placed on the record in this place on 31 October 2023, asked when the Premier first became aware, “…of the Commissioners’ concerns that sections 18 and 19 of the Act, including the State’s interpretation of those sections, was impeding their capacity to make the adverse and/or misconduct findings they felt necessary. In response, the Premier’s statement tabled on 1 November this year said, “The concerns were first referenced at the Final Hearing of the Commission of Inquiry, and this was further clarified when the Premier read the Final Report.” which, I note, did not answer the question:—
(1) (a) Was 30 August 2023, the Final Hearing of the Commission, the date on which the Premier first become aware of the Commission’s concerns that sections 18 and 19 of the Commissions of Inquiry Act 1995, including the State’s interpretation of those sections, was impeding their capacity to make the adverse and/or misconduct findings they felt necessary; and
(b) if not, when did the Premier first become aware of these concerns?
(2) (a) Was 30 August 2023, the Final Hearing of the Commission, the date on which the Office of the Premier first become aware of these concerns held by the Commission; and
(b) if not, when did the Office of the Premier first become aware of these concerns?
- Ms Webb to ask the Honourable Leader of the Government — With regard to the Commission of Inquiry into the Tasmanian Government’s Response to Child Sexual Abuse in Institutional Settings, a specific question I placed on the record in this place on 31 October 2023, asked when the Department of Justice first became aware, “…of the Commissioners’ concerns that sections 18 and 19 of the Act, including the State’s interpretation of those sections, was impeding their capacity to make the adverse and/or misconduct findings they felt necessary. As the response in the Premier’s statement, tabled on 1 November this year, did not provide a clear answer to that question, I reiterate the question in more detail:—
(1) When did the former Attorney-General first become aware of the Commission’s concerns that sections 18 and 19 of the Commissions of Inquiry Act 1995, including the State’s interpretation of those sections, was impeding their capacity to make the adverse and/or misconduct findings they felt necessary;
(2) When did the Office of the Attorney-General first become aware of these concerns held by the Commission;
(3) Once known, did the Attorney-General, and/or the Office of the Attorney-General advise the Premier or the Premier’s Office of the Commission’s concerns; and
(4) When did the Department of Justice first become aware of these concerns held by the Commission?
55 Ms Webb to ask the Honourable Leader of the Government — With regard to the Commission of Inquiry into the Tasmanian Government’s Response to Child Sexual Abuse in Institutional Settings and the Attorney-General’s commitment, announced on 17 October this year, to establish an independent review into whether public officers who received a grant of legal assistance during the Commission of Inquiry acted in good faith, or whether they should be required to reimburse the Crown:—
(1) What is the process and criteria by which the promised “suitably qualified and independent person” will be selected?
(2) (a) Will the independent reviewer be selected from outside the State of Tasmania; and
(b) if not, why not?
(3) What is the expected commencement date for this independent inquiry and its expected timeframe of operation?
(4) Will the government commit to making the independent review’s findings and any recommendations public upon completion?
56 Ms Webb to ask the Honourable Leader of the Government — With regard to the Commission of Inquiry into the Tasmanian Government’s Response to Child Sexual Abuse in Institutional Settings and the Premier’s announced review to be undertaken by Heads of Agencies to examine matters surrounding those State Servants identified by the Commission, can the Leader confirm:—
(1) This review is being conducted as an inquiry into potential breaches of the Code of Conduct under the State Service Act 2000?
(2) That external lawyers have been retained and remunerated by the State to undertake investigations into alleged breaches of the State Service Code of Conduct?
(3) Whether any allegations being investigated using this process include serious and/or indictable offences?
If any allegations being investigated using the aforementioned process do include potentially serious and/or indictable offences:—
(4) Are all of the people being investigated for Code of Conduct breaches in relation to potential serious and/or indictable offences current employees of the State Government; and
(5) If some of the persons accused of serious and indictable offences are no longer employees of the State Government, what (if any) alternative process is being used to investigate them or what other process will apply?
(6) Have any matters being referred to the Tasmania Police of DPP for investigation and/or prosecution?
Further in relation to the Code of Conduct investigations currently being conducted:—
(7) What are the terms of appointment for the external lawyers and could a copy of the terms of appointment be tabled in the House;
(8) Is there a lawyer-client relationship with the State Government, and if so, do the external lawyers have a conflict of interest in that they are engaged by the State Government but may be being asked to determine whether serious allegations of criminal conduct on the part of State Government employees have occurred, and which may also have potential civil liability ramifications?
57 Ms Webb to ask the Honourable Leader of the Government — With regard to the Commission of Inquiry into the Tasmanian Government’s Response to Child Sexual Abuse in Institutional Settings can the Leader confirm the following:—
(1) Initially the Commission of Inquiry information and records, including computer server and email system, were held by and in the custody of the Department of Justice; and
(2) That at a later date the Commission requested that its information and records including computer server and email system be removed from the custody of the Department of Justice and Departmental servers and systems;
(a) when and by whom was this request made;
(b) what was the reason given for the request;
(c) where was the Commission’s computer server and email system relocated, and when;
(d) which entity or who now has custody or responsibility for the Commission of Inquiry information; and
(e) are there any service level agreements or protocols in place governing the storage and disposal of Commission of Inquiry information and could the Leader provide details of these agreements and/or protocols?
The Legislative Council Notice Paper can be found here
