Page 3126 - Week 08 - Wednesday, 22 August 2012
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Mr Stanton: I can read them out.
Dr Cooper: This was read out to them.
MS BRESNAN: This was read out?
Dr Cooper: This was read out to everyone we interviewed under oath.
Mr Stanton: It was:
The person cannot rely on the common law privileges against self-incrimination and exposure to the imposition of a civil penalty to refuse to give the information, produce the document or answer the question.
However, any information, document or thing obtained, directly or indirectly, because of the giving of the information, the production of the document or the answer to the question is not admissible in evidence against the person in a civil or criminal proceeding.
That is part 3 of the Auditor-General Act or part 3.4 of the Criminal Code. It is an offence to fail to swear the oath or make the affirmation, fail to answer a question and fail to continue the examination. Giving false or misleading information during the examination is a serious offence under part 3.4 of the Criminal Code.
I further asked:
MS BRESNAN: Criminal—would that include, say, a jail term?
Dr Cooper: It would depend upon the investigation associated with that, but that is what I understand is one of the possibilities.
It is, I have to say, a new low for the Canberra Liberals to have started dragging members’ family members into this debate who have no professional association with the ACT parliament. It is quite clear from the estimates committee that the Canberra Liberals were trying to allege that the minister’s sister could have had access to the data and tampered with it. As I have said before, if an act of perjury is being suggested then you should just come out and say that. Casting doubt over the oaths taken under the Auditor-General’s report also calls into question the whole integrity of the Auditor-General’s process.
I am very concerned that the Liberals are pushing a policy position that will have a dire impact on the health system as they try and push harder on waiting times. The UK’s Francis report has been a wake-up call, and we should listen to rather than blindly—
Mr Doszpot interjecting—
MS BRESNAN: Mr Speaker, I ask that I be heard in silence like other speakers were.
MR SPEAKER: Thank you, Ms Bresnan; you have the floor.
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