REPORT OF THE INTEGRITY COMMISSION
NO. 1 OF 2021 / 24 AUGUST 2021
Summary of an investigation into allegations of misconduct by the Work Health and Safety Regulator, Government Ministers and ministerial staff
EXECUTIVE SUMMARY
This is a summary report of an investigation by the Integrity Commission Tasmania of the circumstances surrounding the serving of a prohibition notice on the Bob Brown Foundation, by the Work Health and Safety Regulator.
The Work Health and Safety Regulator is a statutory role, independent of the executive government. The Regulator works with WorkSafe Tasmania to oversight the state’s work health and safety.
In early 2020, the then Regulator, Mark Cocker, served a wide-ranging prohibition notice on a not-for-profit group protesting forestry activity, the Bob Brown Foundation. The notice required the Foundation to cease protest activity throughout Tasmania.
The nature of the notice, and public commentary and actions, led to perceptions that the Regulator had not acted with independence from the Government. Two complaints were made to the Commission, triggering an investigation.
The investigation covered a number of high misconduct risk areas, including contact between a lobbyist, Government and statutory officers.
The Integrity Commission has found that, regardless of whether it was the best decision, there were legal and proper motives for the notice served on the Foundation. No Government member, or ministerial staffer, pressured the Regulator to serve the notice. However, by the time the notice was served, the Regulator had been the subject of sustained lobbying by a private citizen for nearly two years.
All public officers involved in this matter respected the roles of other public officers.
This report sets out the details of events, so that the public can see what occurred, and have confidence that the alleged misconduct has been appropriately investigated. It also serves as a lesson for public officers who may face similar circumstances in the future, to ensure that they conduct themselves with a similar level of respect for the independent roles of other public officers, and for their own office.
Read the full Integrity Commission Report here.
Rosalie Woodruff MP | Greens Justice spokesperson, 24 August 2021
Integrity Commission Report on WorkSafe Tasmania
The Integrity Commission’s report, tabled in Parliament today, confirms the Liberals will stop at nothing when it comes to logging our carbon-rich forests.
The allegations made by former WorkSafe Tasmania CEO, Mr Mark Cocker, suggest the Liberal Party engaged in politically-motivated attempts to interfere with the work of independent regulator WorkSafe Tasmania.
Following WorkSafe Tasmania’s directive to Bob Brown Foundation to cease protest activity in the State of Tasmania in February 2020, the Greens referred the matter to the Integrity Commission. We were troubled by the obvious over-reach of this directive, and the highly political nature of its implications.
The Integrity Commission’s findings highlight a number ways in which the Liberals inserted themselves into WorkSafe’s handling of the matter.
The former WorkSafe CEO’s evidence notes that while he was considering issuing a prohibition notice to the Bob Brown Foundation, the Attorney-General asked Mr Cocker what he was “going to do about stopping these protesters.”
Mr Cocker’s evidence noted that both the Attorney-General and her staff then indicated to him they were keen to see this notice served. It also noted that any public comments would be required to go through the Government Media Unit.
It is alleged not only did the Liberals attempt to influence WorkSafe’s decisions about this matter, but they also effectively gagged them by requiring any comments to be approved by the Government Communications Office, within the Premier’s office.
Tasmanians would be distressed to hear reports about the Liberal Government’s attempts to politically interfere with a supposedly independent regulator.
It is alarming that much of this activity is alleged to have come from the office of the Attorney-General. Ms Archer was adamant “there was no interference at all” when asked about this matter in Parliament last year*.
Political interference with an independent regulator is a very serious matter.
The Attorney-General refutes Mr Cocker’s evidence, but it’s hard to take her statement seriously. The specifics of his comments, combined with the Liberals’ native forest destruction agenda, makes the veracity of this evidence highly plausible.
Given Mr Cocker’s evidence allegations, the implication is scandalous. For the Attorney-General to not only attempt to engage in interference, but also to mislead the Tasmanian people about her actions, is shocking and unsupportable.
* Question from Dr Rosalie Woodruff MP to Attorney-General Elise Archer, 4 March 2020 – https://tasmps.greens.org.au/parliament/worksafe-tasmania-referral-bob-b…
Media release – Elise Archer, Attorney-General, 24 August 2021
Woodruff’s total disregard for the Integrity Commission’s findings in Investigation Tyndall
The Tasmanian Government notes today’s Integrity Commission’s Summary Report of Investigation Tyndall which stated that there are no findings of wrongdoing.
The Integrity Commission also stated that there was no evidence that the Government attempted to pressure or influence the Regulator.
It stated that Mr Cocker, the former independent Regulator, did not act on perceived or actual pressure or influence from any person, including myself as the Attorney General and Minister, Minister Barnett or our staff, when he decided to issue a prohibition notice.
It also found we did not attempt to exercise undue influence over the Regulator in relation to the issuing of a prohibition notice.
Further, no ministerial staff failed to respect the Regulator’s independence in terms of action that could be taken by the Regulator in relation to the Bob Brown Foundation (BBF) and ongoing forestry protests, including in relation to the issuing of a prohibition notice.
It went on to state that there is nothing improper in the Government maintaining good relationships with community members who support a policy position.
The Integrity Commission operates completely independently of government and political interference under the Integrity Commission Act 2009.
This investigation was found to be yet another example of the Tasmanian Greens using the Integrity Commission for their own political purposes.
The Chief Commissioner and CEO of the Integrity Commission stated in their Annual Report (2017-18) “It is of great concern that public statements have been made by Members of Parliament about possible or actual complaints to the Integrity Commission.”
The statements made today by the Tasmanian Greens totally disregard the Integrity Commission investigation findings.
As Dr Woodruff has repeated allegations today, outside of parliamentary privilege, found by the Integrity Commission to be false, I will be considering all options available to me.
