Government bars advisers from inquiry

The Victorian Government has ordered five of its most senior political advisers not to appear before a parliamentary inquiry into the appointment of a close friend of Premier Steve Bracks to a lucrative public sector post.

Attorney-General Rob Hulls, who issued the directive, said the conservative-dominated committee that is conducting the inquiry had contravened its own guidelines and long-standing conventions by calling the advisers as witnesses, a demand he described as unprecedented.

But Opposition leader Denis Napthine accused the government of "running and hiding from the truth" about the appointment of Jim Reeves as managing director of the Urban and Regional Land Corporation, a $221,500-a-year position.

Last year, it was revealed Mr Reeves was appointed despite the board of the land corporation having nominated another candidate, South Australian Mark Henesy-Smith.

A select committee of the upper house is investigating the circumstances surrounding the appointment, which Mr Reeves decided not take up following a public and political outcry over his connection with Mr Bracks.

Mr Hulls' directive not to give evidence at the inquiry was issued to ministerial advisers including the Premier's chief of staff, Tim Pallas, Treasurer John Brumby's chief of staff, Craig Cook, and their counterpart in Deputy Premier John Thwaites' office, Andrejs Zamurs.

Mr Thwaites' press secretary, Sandra McKay, and key adviser Maria Marshall were also summoned to appear but each ignored the committee's request on the advice of Mr Hulls.

His decision was based on legal advice from constitutional lawyer Peter Hanks, QC.

The chair of the inquiry, Liberal MP Neil Lucas, said the committee was legally entitled to call anyone in Victoria to appear, except members of parliament.

He said the committee would write to the advisers asking each to reconsider their decisions.

If they failed to give verbal evidence, the Legislative Council would be asked to determine whether they were in contempt of parliament.

The 44-member council, which is dominated by 24 Liberals, can impose sanctions including fines, a reprimand and even imprisonment.

Mr Hulls defended the decision to refuse the committee access to the advisers citing "long-standing conventions" that precluded ministerial staff from appearing before committees.

He accused the committee of ignoring procedural fairness by summoning, rather than inviting, the advisers.

"Once you start throwing conventions and procedures out the window, the whole show starts to fall apart," Mr Hulls said.

He said there were no Victorian precedents for ministerial advisers being forced to give evidence to parliamentary committees.

Mr Hulls said that in the 1950s, then prime minister Sir Robert Menzies had barred advisers from giving evidence to a Senate inquiry. Defence Minister Robert Hill had made a similar ruling recently.

But the handbook of parliamentary practice for the Senate, which is also observed in other Australian parliaments, says ministerial advisers can be called to give evidence. "Such persons have no immunity against being summoned to attend and give evidence, either under the rules of the Senate or as a matter of law," according to the 10th edition Odgers' Australian Senate Practice.

Dr Napthine said Mr Hulls had taken an extraordinary stance as the state's "first law officer" by actively encouraging people to ignore a legitimate summons. "Irrespective of precedent the law is very, very clear," he said. "People who are subpoenaed should attend. The law is absolutely black and white on this issue."


	Government News Index site index HOME Government bars advisers from inquiry Gabrielle Costa State Political Reporter March 7 2002 The Victorian Government has ordered five of its most senior political advisers not to appear before a parliamentary inquiry into the appointment of a close friend of Premier Steve Bracks to a lucrative public sector post. Attorney-General Rob Hulls, who issued the directive, said the conservative-dominated committee that is conducting the inquiry had contravened its own guidelines and long-standing conventions by calling the advisers as witnesses, a demand he described as unprecedented. But Opposition leader Denis Napthine accused the government of "running and hiding from the truth" about the appointment of Jim Reeves as managing director of the Urban and Regional Land Corporation, a $221,500-a-year position. Last year, it was revealed Mr Reeves was appointed despite the board of the land corporation having nominated another candidate, South Australian Mark Henesy-Smith. A select committee of the upper house is investigating the circumstances surrounding the appointment, which Mr Reeves decided not take up following a public and political outcry over his connection with Mr Bracks. Mr Hulls' directive not to give evidence at the inquiry was issued to ministerial advisers including the Premier's chief of staff, Tim Pallas, Treasurer John Brumby's chief of staff, Craig Cook, and their counterpart in Deputy Premier John Thwaites' office, Andrejs Zamurs. Mr Thwaites' press secretary, Sandra McKay, and key adviser Maria Marshall were also summoned to appear but each ignored the committee's request on the advice of Mr Hulls. His decision was based on legal advice from constitutional lawyer Peter Hanks, QC. The chair of the inquiry, Liberal MP Neil Lucas, said the committee was legally entitled to call anyone in Victoria to appear, except members of parliament. He said the committee would write to the advisers asking each to reconsider their decisions. If they failed to give verbal evidence, the Legislative Council would be asked to determine whether they were in contempt of parliament. The 44-member council, which is dominated by 24 Liberals, can impose sanctions including fines, a reprimand and even imprisonment. The terms would be decided by a resolution of the house. Mr Hulls defended the decision to refuse the committee access to the advisers citing "long-standing conventions" that precluded ministerial staff from appearing before committees. He accused the committee of ignoring procedural fairness by summoning, rather than inviting, the advisers. "Once you start throwing conventions and procedures out the window, the whole show starts to fall apart," Mr Hulls said. He said there were no Victorian precedents for ministerial advisers being forced to give evidence to parliamentary committees. Mr Hulls said that in the 1950s, then prime minister Sir Robert Menzies had barred advisers from giving evidence to a Senate inquiry. Defence Minister Robert Hill had made a similar ruling recently. But the handbook of parliamentary practice for the Senate, which is also observed in other Australian parliaments, says ministerial advisers can be called to give evidence. "Such persons have no immunity against being summoned to attend and give evidence, either under the rules of the Senate or as a matter of law," according to the 10th edition Odgers' Australian Senate Practice. Dr Napthine said Mr Hulls had taken an extraordinary stance as the state's "first law officer" by actively encouraging people to ignore a legitimate summons. "Irrespective of precedent the law is very, very clear," he said. "People who are subpoenaed should attend. The law is absolutely black and white on this issue." The Age Index