Tuesday, 10 May 2022

Integrity and Oversight Committee

Inquiry into the Education and Prevention Functions of Victoria’s Integrity Agencies

The Clerk: Pursuant to section 35(2)(c) of the Parliamentary Committees Act 2003 and following the transmission of the report on 19 April 2022, I lay on the table the Integrity and Oversight Committee’s report Inquiry into the Education and Prevention Functions of Victoria’s Integrity Agencies, including appendices.

Ms SHING (Eastern Victoria) (14:10): I present the transcripts of evidence and move:

That the transcripts of evidence lie on the table and the report be published.

Motion agreed to.

Ms SHING: I move:

That the Council take note of the report.

In the time that I have available today I want to address this process in relation to the prevention and education functions of integrity agencies and the work that has gone into the formulation of this report and indeed the 18 recommendations that accompany it.

At the outset I would like to thank the work of the committee as a whole, including the deputy chair, Brad Rowswell, and other members of the committee. I would also like to thank the secretariat, who have worked assiduously with integrity agencies and the committee to make sure that we have this report which can in fact inform the ongoing work of integrity agencies.

One of the things that this Integrity and Oversight Committee does is work within the scope and the contemplation of the Parliamentary Committees Act 2003 to make sure that the work of integrity agencies is the subject of proper scrutiny and that, within the meaning of that act, there is an appropriate level of oversight and engagement. This is a longstanding process, and it is a process which is informed directly by the act. To that end I would encourage anybody who is interested in the way in which this committee works—the way in which it undertakes its reviews, inquiries and reports—to refer directly to section 7 of the Parliamentary Committees Act. This section precludes the committee in its work from reviewing any decision undertaken by an integrity body or from disclosing any information relevant to an investigation or an inquiry by an integrity body; requires the committee not to reach into the basis for decisions taken by integrity bodies; and indeed sets a very clear number of parameters that relate to the committee’s undertaking of its functions. These are matters which go directly to the heart of the independence of integrity bodies. These are matters which are inviolable in relation to the work which the committee undertakes as far as oversight goes and which are absolutely crucial to the capacity of integrity agencies to do their work as that work relates to individual investigations, complaints and responses, including the tabling of reports both within the Parliament and as a consequence of public and private hearings.

One of the things which I wish to address in the time I have available here today is the importance of making sure that in conducting its work the Integrity and Oversight Committee does not trample on the work of integrity bodies and its investigations and processes by referring to individual matters or to specific matters which are within the scope of those integrity bodies to investigate and report on. To that end it is absolutely crucial that the Integrity and Oversight Committee manage its affairs and its processes, including as they relate to the undertaking of any report, inquiry or review under the terms of the Parliamentary Committees Act, in a way which does not give rise to a direct or inadvertent breach of the obligations which the committee has. To that end I would want there to be no doubt about the work of the Integrity and Oversight Committee not to refer to individual matters and not to refer to individuals who are the subject or may be the subject of an investigation, inquiry or complaint—and that in fact to do otherwise may well constitute a breach of the Parliamentary Committees Act and may well impugn the reputation of the Integrity and Oversight Committee in undertaking its obligations in accordance with the act.

Confidence in the integrity of the oversight committee is integral, and this is where it is incumbent upon members of the committee to make sure that there is no breach of section 7 in the conduct of inquiries and of hearings, that there is no reference to individual matters as they might relate to the discharge of those obligations and that where in fact there is any straying into the territory of a breach of section 7(2) of the act, whether in relation to this inquiry and report or indeed any other, steps are taken to prevent this from occurring. It has been important for me, as chair of that committee, to counsel, to advise and to make known the importance of not straying into this territory as it relates to individual complaints. I commend this report to the house.

Mr DAVIS (Southern Metropolitan—Leader of the Opposition) (14:16):(By leave) I want to make a couple of comments. I have listened. I note the report on the inquiry into education and prevention, and I am yet to read that so as to fully understand it, but—

Ms Shing: Oh, you haven’t read it?

Mr DAVIS: No, it has just been tabled, as you are aware. But Ms Shing made broad references to matters of principle under the Parliamentary Committees Act 2003 and in effect put an apologia on the record for her behaviour the other day. The truth of the matter is there was a gag ordered. There was actually a close-down of proceedings, and in fact she talked about words like ‘inviolable’ and ‘trample on democracy’. Well, I say that in fact what occurred the other day was a trampling on democracy. I say that the member exceeded her authority at that occasion. I say that in fact there was an attempt to close down and protect certain people, and I say that this was a matter of great concern.

It is all very well for the member to come into the chamber to speak about a recently released report and the details of that report but then move into a more general discussion about principles on which the integrity committee operates. I have to say that confidence in the Integrity and Oversight Committee is a very important matter. But that also means that there has got to be an openness and a transparency. There need to be certain rules that stop chairs behaving gratuitously or in fact overstepping the mark. I think most people thought the other day, as we watched, that there was actually an overstepping of the mark and in fact that the member was acting in a way—

Ms Shing interjected.

Mr DAVIS: No, by you, a member. By you, in fact, as you sought to block questioning and block evidence that you found inconvenient, and acting on behalf— (Time expired)

Ms PULFORD (Western Victoria—Minister for Employment, Minister for Innovation, Medical Research and the Digital Economy, Minister for Small Business, Minister for Resources) (14:18):(By leave) I would like to make a brief comment as well on the tabling of this report. I just thought for the benefit of anybody watching these proceedings I would make the distinction between members that have some knowledge of the contents that are being discussed, because they have been a member of the committee and they have had input into the development of the report and they know what they are talking about, and other members, like Mr Davis a minute ago and like me right here, right now, who have not read the report, because it was only tabled about 4 minutes ago—

Members interjecting.

Ms PULFORD: Right, so Mr Davis still has not read it, and he has had all that time. So I would caution members of the public that are reading the proceedings or watching the proceedings to make the distinction between members who know what they are talking about and members who do not know. I offer it with the full rider that in saying this I have also not read the report, like Mr Davis made very clear that he has not either.

Motion agreed to.