Ms O’CONNOR – Thank you, Chair. Minister, I want to take you back to the Weiss Independent Review into Paul Reynolds, and specifically recommendation no.5 as it relates to the Integrity Commission, and we’ll get to some broader questions about the Integrity Commission’s under funding soon. But recommendation 5 calls for amendments to the Integrity Commission Act to ensure all notifications made to the Integrity Commission in respect of members of Tasmania police who are alleged to have groomed and or sexually abused persons can be investigated independently by the Integrity Commission, and there’s a series of points there attached to this recommendation. One of them is to provide coercive examination powers to the Integrity Commission. Could you please provide an explanation to the committee about why these amendments haven’t been brought forward, and why no extra funding has been allocated to the Integrity Commission to undertake these new responsibilities?
Mr BARNETT – Thanks very much for the question. I appreciate that, and as the Premier has said, on a number of occasions, we support the Weiss Review and all of the recommendations and commit to implementing those. And we have previously stated that, and as the Premier has outlined, the Integrity Commission will be reviewed with an eye to giving it a greater capacity and capability to conduct its work by mid‑April 2025, and that’s on the public record.
In terms of that review, it will include, as I understand it, any outstanding Commission of Inquiry recommendations, any outstanding recommendations from the 2016 Cox Statutory Review, and the May 2024 Integrity Commission Report into the right to information requested in the Department of Health, and the recommendations of the June 2024 Weiss Review. And the government has previously committed to increasing that support for the Integrity Commission, subject to the outcomes of that review of the Integrity Commission and the financial needs as they relate to the powers and width of the Integrity Commission’s jurisdiction in existence at that time. And just to conclude, as I said at the opening remarks and in the parliament on many occasions, I respect and appreciate the work of the Integrity Commission and what they do.
Ms O’CONNOR – Thank you, Minister. I’m sure you would agree, given that the Cox Review was handed down in 2016, there’s also been commission of inquiry recommendations, the Weiss Independent Review, you would agree that the process of reform of the Integrity Commission to enable it to do its job properly has been glacially slow. Now, are you confirming that the review for the JLN will be complete by April next year? That’s the first part of my question.
The second part is has the Tasmanian Government – so this is something you could do without waiting for a review – written to the Commonwealth seeking amendments to the Telecommunications (Interception and Access) Act of 1979 to define the Commission as an eligible agency and grant it the status of a criminal law enforcement agency for the purposes of that Act? That is not something that you should have to wait for the JLN Review to undertake.
Mr BARNETT – Thank you very much for those questions. The first part of the question is yes, the Premier has announced the review and that will report in April next year. However, we’re not waiting, and to indicate with respect to the Commission of Inquiry recommendation 18.11, which is endorsed the 2016 Independent Statutory Review by The Honourable William Cox AC, RFD, ED, QC regarding mandatory public authority notification of serious misconduct and misconduct by designated public officers to the commission. So that is legislation that I’m progressing to be progressed before the end of this year and tabled –
Ms O’CONNOR – An amendment to the Integrity Commission Act?
Mr BARNETT – It’ll be an amendment to that relevant legislation. It’ll be likely in the form of a justice miscellaneous amendment bill. But yes, I will be progressing that reform. I think that’s the main point. I’m happy to –
Ms O’CONNOR – The second part of the question was the request to the Commonwealth for us to be included under the Telecommunications (Interception and Access) Act of 1979.
Mr BARNETT – Thank you very much. That’s certainly acknowledged, and as I said at the beginning, we support all the recommendations, so I think we’ll be taking further advice from the department on that and progressing that accordingly based on that advice.
Ms O’CONNOR – So as you know, Attorney‑General, relative to every other integrity body in every other jurisdiction, the Integrity Commission of Tasmania is significantly underfunded, far too few staff. Just as the Ombudsman was critical of your government’s budget allocation to the Ombudsman’s office this year, so to Chief Commissioner Greg Melick on 8 July, so before the judgment, said, ‘On our current budget, we cannot provide the level of investigation or oversight that the report, that is the Weiss Review, recommends’. Minister, this is before the Budget went to the printers. Why wasn’t there an allocation made to increase the funding of the Integrity Commission in light of all this extra work we’re expecting this body to do.
Mr BARNETT – Thank you very much for the question. I think the report recommendations was brought down in June, as I recall it. Obviously, that needs to be given careful consideration. The Premier has outlined a commitment on behalf of the government to support those recommendations and to implement them. So that does take time, as you would understand, being a former minister in a government, and you’re also aware of the budget process. But now that we have landed where we have, I certainly, as Attorney‑General, would be keen to progress the implementation of the recommendations within my portfolio areas.
Ms O’CONNOR – Just a final question on this line of questioning, please, Chair. So Minister, just back to the request to the Commonwealth, can you confirm that request will be made?
Mr BARNETT – I can confirm that my department’s aware of that report and recommendations, and I will be awaiting advice from my department and I’m looking –
Ms O’CONNOR – But you’ve had it for three months, this report.
Mr BARNETT – Yes, and I’m aware of that, and that’s why I’m awaiting that advice from the department. I can check with my acting secretary as to the status of that advice and how quickly that could be acted on.
Ms O’CONNOR – Thank you.
Mr BARNETT – So if you’re willing to hear from the acting secretary.
Ms BOURNE – Thanks, Attorney‑General, through you. It’s certainly something that the agency is considering in the context of the broad suite of proposed changes to the Integrity Commission Act coming out of our 2022 discussion paper, further discussions with the Commission about other amendments that it would like to be made, the relevant commission of inquiry recommendations which the Attorney‑General has touched upon, and the particular recommendations coming out of the Weiss Review, all in anticipation of the overarching review of the Act as part of the JLN agreement.
Ms O’CONNOR – Sorry, with respect, this is about Commonwealth legislation as distinct from the state Act where every other integrity body, through you, Minister, has these powers under Commonwealth law. I would have thought it’s something that could be progressed as a core part of Regina Weiss’ report prior to or during the review process initiated by JLN.
Ms BOURNE – Thanks. Attorney‑General, through you. That’s certainly an option that the department will put to the Attorney‑General so as to be seen to be continuing to make change where possible without distorting any further work that may or will occur. And certainly, we’ve been talking with the Commission particularly around the implementation of recommendation 5 to enable that recommendation to the Commonwealth to be made, noting that many of the powers recommended by the Weiss Review the Commission has but working about what the nature of that request to the Commonwealth will be to be able to give effect to recommendation 5.
Ms O’CONNOR – Thank you.
