Page 5161 - Week 13 - Thursday, 29 November 2018
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MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (7.34): This touches on issues that we debated before the dinner break. If this amendment were to be accepted, it would be impinging on the separation of powers, but it would also put the functions of the integrity commission at a higher risk of challenge in the High Court. The integrity commissioner is an officer of the Legislative Assembly and so cannot inappropriately investigate judicial decisions, and the commission cannot be an avenue for unsatisfied litigants to appeal or review decisions made by judicial officers.
MR RATTENBURY (Kurrajong) (7.35): As we discussed earlier, Madam Speaker, whilst the Greens absolutely believe that the judiciary should be covered by the remit of the integrity commission, we do not support the amendment that Mr Coe is proposing. I think it goes beyond looking at matters of corruption and goes to matters of judicial decisions. We do not believe that should be the remit of the integrity commission.
Amendment negatived.
MR COE (Yerrabi—Leader of the Opposition) (7.36): I move amendment No 21 circulated in my name [see schedule 1 at page 5203]. This amendment relates to the section about when a corruption report should be dismissed. Sections 71(2) and 73(3)(i) should be omitted to comply with recommendation 19 of the select committee report.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (7.36): The government disagrees here that the commission should be investigating a corruption report even if satisfied that it does not justify investigation. Its finite resources should be directed to cases which, on reasonable grounds, do require a closer look. That is what the expert investigators and the commissioner will be hired to do. Again, Madam Speaker, it is reasonable for the commission to consider a range of factors, including whether there has been a previous investigation, in deciding whether to investigate, but that does not preclude a further investigation.
Amendment negatived.
MR COE (Yerrabi—Leader of the Opposition) (7.37): I move amendment No 22 circulated in my name [see schedule 1 at page 5203].
Amendment negatived.
MR COE (Yerrabi—Leader of the Opposition) (7.37): I move amendment No 23 circulated in my name [see schedule 1 at page 5203].
Amendment negatived.
Clause 71 agreed to.
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