Ms O’CONNOR – Thank you. Minister, as you’re aware the comprehensive Cox Review Report of the independent reviewer brought down 55 recommendations which would address many of the functional challenges that the Integrity Commission may have. Government has only adopted six of those recommendations. Can you commit today to the review process, which will be finalised by April next year, incorporating those evidence-based, well-researched recommendations of former Justice Cox?
Mr BARNETT – Thank you very much for the question and I understand that. It’s my clear understanding that the review that the Premier has established will consider all and any relevant measures to provide that report by April next year which would include the Cox Review Report and recommendations as well as the Weiss recommendations of June this year and as well as any outstanding commission of inquiry recommendations. I’ve already indicated to the committee of my intent as an Attorney-General to not wait, but to progress at least one of those legislative reform measures before the end of this year.
Ms O’CONNOR – What role will the Integrity Commission play? What role has it played in establishing the review that’s underway and what role will it play, as it should, in advising that review to get the best outcomes for legislative reform?
Mr BARNETT – Yes, thanks very much for the question. Just to recap for the committee this is an inquiry established by the Premier as the relevant minister and as the Premier of course and so in terms of that it’s probably a good question for the Premier.
Ms O’CONNOR – You are a relevant minister. This Act comes under your area of responsibility. This body does, which is why we’re sitting here.
Mr BARNETT – Yes, and you’re also aware that the Premier appoints and does have responsibility for the inquiry that’s taking place and the terms of reference for that, and the important role of that independent review, and I have no doubt that the relevant inquiry would take advice from the Integrity Commissioner. I have no doubt they would take advice from my department’s acting secretary and/or others in the department, and indeed other key stakeholders in the community. So that is my high level of expectation.
Ms O’CONNOR – Will you be involved in – presumably, given that it is part of your area of administrative responsibility, what involvement will you have in making sure that we end up with is an Integrity Commission which is fit for public purpose, and also that you are not having questions around public trust in the commission because it has been underfunded and nobbled by an Act that is not fit for purpose.
Mr BARNETT – Thank you for the question. It is certainly my expectation of having input and being consulted, and when that report is delivered in April I would be absolutely motivated, like the Premier, to ensure that the Integrity Commissioner is given the capacity and the ability to fulfill its functions in a very comprehensive and efficient manner.
Ms O’CONNOR – Would that include, Attorney-General, the recommendation in the Cox Review around section 91 of the Integrity Commission Act, which gives people who are subject to a complaint or an allegation the right to silence. Unlike any other investigative integrity body in the country, including the Commonwealth, we have a special provision here that gives people who are the subject of a potential investigation an automatic right to silence. Which means if they elect to take their right to silence, then investigations can die before they have drawn their first breath.
Are you prepared to look at section 92? Is it a recommendation in the Cox Review that the privilege against self-incrimination be excluded from the Act. It has also come up in the Weiss Review. It is a problem for the commission, don’t you agree?
Mr BARNETT – Yes. I would add two things to say about that. The review, I am sure, will take into account all of the report and recommendations of the Cox Review, as I have indicated it is very important. And indeed, all of the report and recommendations of the Weiss Review. What we do not want as a government and as a community is for the Integrity Commission to be weaponised in a political sense, because that is not in the best interests of the State, and that undermines the confidence in the Integrity Commission.
Ms O’CONNOR – Where did this come from? That is not the question: the question related to section 91 of the Act, it is a very specific question about a clause in the Act that can hobble Integrity Commission inquiries. Have you had a look at section 91? Do you agree with former Justice Cox that it should be dealt with?
Mr BARNETT – I have got enormous respect and admiration for the Honourable Bill Cox and his work, and yes I have reviewed and considered it very carefully, his report and recommendation, and I have no doubt that the Premier’s independent review will consider that also as a high priority and deliver its report in April next year, when the Premier has indicated it will be delivered.
