Page 5255 - Week 13 - Thursday, 29 November 2018
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(4) For each finalised consultancy report, (a) what was the title of the report and (b) was it released publicly; if not, why not.
(5) For each consultancy report not yet finalised, will it be released publicly; if so, when; if not, why not.
Mr Ramsay: The answer to the member’s question is as follows:
1, 2, 3, 4, 5
Refer to answer Question on Notice 1892.
Government—indemnity
(Question No 1917)
Mrs Dunne asked the Chief Minister, upon notice, on 26 October 2018:
(1) In relation to the answer given by the Minister for Health and Wellbeing to a question without notice taken on notice on 18 September 2018 about indemnities available to members of the health culture inquiry panel, what powers does the Executive have under the Australian Capital Territory (Self-Government) Act 1988 to provide indemnities to the individual members of the panel inquiring into the culture of ACT Health.
(2) Has or will the Executive take legal advice on the matter; if not, why not.
(3) Has or will the Executive exercised those powers; if not, why not.
(4) If the Executive has exercised that power, what are the terms of the indemnity.
(5) By what instrument will or has the Executive exercise(d) that power.
(6) If the Executive is yet to exercise that power, when will it do so.
Mr Barr: The answer to the member’s question is as follows:
(1) The Territory is able to indemnify members of the Review Panel against civil claims. The source of that power is the Australian Capital Territory (Self-Government) Act 1988.
(2) Legal advice has been obtained by the ACT Health Directorate.
(3) Yes. The ACT Health Directorate has indemnified Panel members.
(4) Appropriate contracts for Panel members have been prepared that state that Panel members are indemnified in respect of all claims, costs and expenses and for all loss, damage or injury incurred as a result of anything done or omitted to be done honestly and without recklessness in the exercise of functions as a member of the Independent Review. The liability that would attach to Panel members attaches instead to the Territory and survives despite the termination of the contract or members ceasing to be members of the Review Panel.
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