Isla MacGregor
The Tasmanian Commission of Inquiry Act is fundamentally flawed as it allows the Government to determine the Terms of Reference of an Inquiry and restrict its powers.
WHISTLEBLOWERS TASMANIA
MEDIA RELEASE
Tuesday 19th August 2008
COMMISSION OF INQUIRY ACT FLAWED
Isla MacGregor spokesperson for Whistleblowers Tasmania has today said that an ICAC style inquiry is the only appropriate type of investigation into the Nigel Birch allegations up to and including the recent controversy about the Police Commissioner.
Ms MacGregor said that “The Tasmanian Commission of Inquiry Act is fundamentally flawed as it allows the Government to determine the Terms of Reference of an Inquiry and restrict its powers”.
“Based on the flawed processes in the previous Gilewicz Commission of Inquiry in 2000 the Tasmanian community can have little faith in any future inquiry under the current provisions of the Act”.
“In 2000 the Labour Government rejected requests from Commissioner Dennis Mahoney for normal powers of a Royal Commission after repeated and urgent requests for these powers for the purposes of pursuing two lines of inquiry.”
“Mahoney said in his final Report that had the powers been available the results of the inquiry “may” have been different.”
“The benefit of hindsight should not be lost in the current climate of repeated public exposures of allegations of serious misconduct by politicians and public officials.”
“Only an ICAC style investigation will suffice to enable Terms of Reference to be established truly independently and for appropriate powers available under an ICAC to be used.”
“The Tasmanian community can have no confidence in a Premier who fails to learn from the lessons of the past.”
