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
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