Marion Nicklason Convenor – Tasmanians for a Healthy Democracy

We believe that to restore the Tasmanian people’s faith in their Government, the Government must take steps to create an independent mechanism for the investigation of corruption and misconduct in government and the public service.
Tasmanians for a Healthy Democracy

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Amended Media Release
27th May 2008

Tasmanians for a Healthy Democracy – Response to Premier Bartlett’s statements on ethics commission/ICAC

Premier David Bartlett can be commended for his support for a parliamentary committee examining the issue of ethics in government and the public service and the concept of an ethics commission.

The motion that the Premier has put forward for the creation of a Joint Select Committee is of course very general in its language. We look forward to commenting on the Terms of Reference for the Committee when they are released.

We believe that to restore the Tasmanian people’s faith in their Government, the Government must take steps to create an independent mechanism for the investigation of corruption and misconduct in government and the public service.

Such a step is in the government’s interest as well as that of the Tasmanian public, for a number of reasons.

 First, the Premier has an ambitious agenda for Tasmania. Corruption and misconduct have the potential to stand in the way of that agenda.
o They stand in the way of new thinking.
o They stand in the way of best practice.
o One of the strongest criticisms levelled at the Lennon government is that public funds may have been diverted as a result of improper relationships. Misallocation of state resources is a very inefficient use of taxpayers’ money. One misallocation has the potential to cost as much an entire ethics commission. From the public point of view, this is money lost to the kinds of social issues—education, health—that Premier Bartlett intends to champion.

 Second, to shy away from a body with an investigative capacity has the potential to be a public relations disaster for the government. It makes the government look either naïve, or as though it has something to hide.

The Commonwealth government is currently moving to establish an ethics commission that would have the powers to investigate misconduct. It will look very curious if Tasmania lags behind federal thinking in this area. We need to get in step with the mainland.

We understand the Premier’s concerns about budgetary constraints. But it’s simplistic to suggest that the only choice is one between a ethics commission with no investigative powers, on the one hand, and a multi-million dollar enterprise on the other.

By definition mainland commissions have been on a larger scale than Tasmania can afford. The mainland states are larger: they have more politicians, more public servants, larger populations. There’s simply more to investigate.

But we can also learn from their mistakes. The Joint Select Committee is likely to have three months to act. This should be adequate time to compare existing domestic and international models of ethics commissions and ICACs and to solicit advice on the best way to create a cost-effective, rigorous structure that combines the best aspects of existing models.

It is also imperative that the commission have:

• Full time staffing
• Some independent mainland appointments
• Best available practice
• An ethics education component
• Retrospective powers
• Adequate resources
• Public consultation and input into the structure and functions.

We challenge the Premier to ask Tasmanians what THEY want. Do they want a body with investigative powers? If they say yes, the Premier should follow their wishes.

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