Page 5933 - Week 14 - Wednesday, 8 December 2010
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It says that the annual report shall include particulars of remedial action taken by government agencies. It refers to the actual remedial action. To know whether you have taken remedial action, you actually need to know what the recommendations were. The intention of the act was to protect the individuals who came forward, protect their identity and to make sure that they did not suffer for being good citizens. But at the same time, as Mrs Carnell says, it is not to allow snow jobs, because you have got to detail what action you took.
We will never know if this motion is defeated what action the government takes. Maybe when the annual reports come around on 30 September next year, we might actually see what remedial action was listed, but somehow I doubt it. I do doubt that we will ever get to that.
It is interesting that Ms Gallagher relied on section 33 of the act when she referred to confidentiality. She said that you cannot release detail. We agree. Those who come forward, those who have the courage, should be protected. But Ms Gallagher did not read the whole act because part 1 of section 33 says:
A public official shall not, without reasonable excuse, make a record of, or wilfully disclose to another person, confidential information gained through the public official’s involvement in the administration of this Act.
What does “confidential information” mean? This is the important part. The act states:
confidential information means—
(a) information about the identity, occupation or whereabouts of a person who has made a public interest disclosure or against whom a public interest disclosure has been made; or
(b) information contained in a public interest disclosure; or
(c) information concerning an individual’s personal affairs; or
(d) information that, if disclosed, may cause detriment to a person.
The minister says, “It is all in my speech.” That is right; it is all in your speech. But where does it say that you cannot release the recommendations, minister? Where does it say that you cannot release the findings? No-one has said, “We want individual findings ticked off against individuals so that there can be a witch-hunt.” That is your supposition. That is the straw man that you create—that Mr Hanson is after individuals. No, he is not. He is after the findings so that we can know that you have done your job, to ensure that your department is functioning perfectly.
Go back and read Mrs Carnell’s speech. That is where she says, “No snow jobs here.” That is why she put in the allowance that individuals can go back and ask for progress reports, which the act allows and at the conclusion, when the report is written, they can get updates on what has happened. No snow jobs here. That is also why the act says that you have to report on what remedial action you have taken. So, minister, we will give you leave to speak again if you wish to tell us what remedial action is being taken. What is actually being actioned inside—
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