Page 89 - Week 01 - Wednesday, 14 February 1990
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What I would like to draw attention to is that in response to a dorothy dix question from Mrs Nolan, Mr Collaery said these words, "Thanks to events in this chamber we have had access to Mr Whalan's documentation ...". That statement represents the most fundamental breach of convention as it relates to the change of government and access to previous Government documentation in those circumstances. Within minutes of that statement having been made by Mr Collaery, I wrote this letter to Mr Harris as the Head of Administration:
In response to a question from Mrs Nolan during question time today Mr Collaery used words to the following effect:
"As a result of events in this chamber, we now have access to Mr Whalan's documentation".
I then go on to state -
I am gravely concerned.
Please detail as Head of Administration the basis on which Mr Collaery has "access to Mr Whalan's documentation".
Your urgent response please.
The fact is that Mr Harris as the Head of Administration is charged with the responsibility, and he only is charged with the responsibility, of taking into his possession the documents that relate to the administration of the Follett Government; and that includes the documents that relate to my administration during that period of Government.
The particular convention is a convention that has been observed by Federal governments since the last war. Indeed, with most state documents they have followed a convention that the documents of former governments are confidential to the Government which created them. It is clear that the convention is based on the principle that to do otherwise would be unfair to public servants who would be open to criticism for decisions taken by former political masters on the basis of their advice. It would detract from the accountability by ministers for the decisions that they took; and, finally, it would be dangerous for the present Government, in particular, for they would face a witch hunt and public embarrassment when in turn their papers were rifled by the incoming Labor Government.
Mr Kaine: On a point of order, Mr Speaker; I thought the debate at the moment was on a motion of Mr Whalan's to talk about the Tuggeranong swimming pool. If he is going to turn this into a political tirade about the activities of the Government, then we will terminate the debate and we will discuss that, if that is what he chooses to do.
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