2023 investigation reports

Introduction

This is a report of an investigation for the Chief Executive Officer (CEO) of the Integrity Commission (the Commission), prepared pursuant to section 55(1) of the Integrity Commission Act 2009 (Tas) (IC Act).

These findings relate to an investigation into alleged misconduct in 8 recruitments at a local council. This report and findings focus on systemic issues faced by local government across Tasmania. I make these findings under sections 31(a)–(c), (e) and (h) of the IC Act, which describes the Commission's educative, preventative and advisory functions as follows:

(a) to take such steps as the Integrity Commission considers necessary to uphold, promote and ensure adherence to standards of conduct, propriety and ethics in public authorities;

(b) to review and make recommendations about practices, procedures and standards in relation to conduct, propriety and ethics in public authorities and to evaluate their application within those authorities;

(c) to provide advice to public officers and the public about standards of conduct, propriety and ethics in public authorities;

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(e) to evaluate the adequacy of systems and procedures in public authorities for ensuring compliance with relevant codes of conduct;

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(h) undertake research into matters related to ethical conduct and investigatory processes …

This report focuses on 4 systemic issues identified in the investigation:

• the lack of requirement to apply the merit principle
• an absence of model policies and procedures, including relating to direct appointments
• inadequate record keeping practices, and
• poor understanding, identification and management of conflicts of interest.

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Executive summary

Under section 30(a) of the Integrity Commission Act 2009 (Tas), the Integrity Commission is required to monitor the operation of the Parliamentary Disclosure of Interests Register. This is the register of personal interests of members of the House of Assembly and Legislative Council.

This is a report about:

• an audit of a random sample of member disclosures, and
• identified issues in Tasmania’s system of parliamentary disclosures of interest.

We found that the audited members did not have substantial personal pecuniary interests and generally they declared all interests required by law. Two of the audited members were found to have failed to declare an interest of their spouse; both members explained that this was the result of an error.

We have identified 3 key issues with the current system:

• the discretionary requirement to disclose conflicts of interest
• the complexity of the legislation, particularly as it relates to trusts, and
• inadequate requirements for ongoing declarations.

These issues hamper members who genuinely try to declare interests in compliance with the law. They also create potential loopholes that could be exploited. We have made 3 recommendations to resolve these issues.

Recommendation 1

That the Government amends the Parliamentary (Disclosure of Interests) Act 1996 to require members to disclose in their returns any direct or indirect benefits, or advantages or liabilities, whether pecuniary or not, that may raise a conflict between a member's private interests and their duties as a member.

Recommendation 2

That the Government simplifies the Parliamentary (Disclosure of Interests) Act 1996 disclosure requirements. At a minimum, disclosure requirements should encompass the assets of dependent children, and should be broader and simpler for trusts. In respect of trusts, we recommend adopting requirements similar to those applying in the Australian Capital Territory.

Recommendation 3

That the Government amends the Parliamentary (Disclosure of Interests) Act 1996 to require notification of any alteration of disclosed interests within 28 days of the change

Related content: Media release