Jim Chalmers blocks release of investigation into ASIC deputy chair Karen Chester
Jim Chalmers has intervened in an attempt by the Senate to force the government to hand over the findings of an investigation into ASIC deputy chair Karen Chester.
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Treasurer Jim Chalmers has intervened in an attempt by the Senate to force the government to hand over a report into the corporate regulator’s deputy chair, Karen Chester, claiming public interest immunity.
In a letter tabled in parliament on Thursday, Dr Chalmers said the government would block the disclosure of the report as it “would unreasonably infringe the privacy of individuals referred to in the information”.
“It is in the public interest that private information about individuals not be unreasonably disclosed,” he wrote.
Senator Katy Gallagher tabled the Treasurer’s letter after the government missed the deadline to hand over copies of a report conducted by Seyfarth Shaw lawyers into allegations concerning Australian Securities and Investments Commission deputy chair Karen Chester.
The treasurer said the allegations concerning Ms Chester had been made in confidence.
“The confidential informants co-operated with the review in the expectation that their identities would remain confidential,” he said.
“A number of these informants continue to work in ASIC.”
Dr Chalmers said there was “public interest” in blocking the release of the report “in preserving the integrity of fact-finding investigations regarding an individual’s conduct”.
“The disclosure of the information in the document would cause undue prejudice to Ms Chester,” he said.
“It is evident from the letters that were provided to the Senate Economics Legislation Committee … that the investigation did not find all of the allegations substantiated and there was insufficient basis for further steps to be taken.”
Dr Chalmers said in addition to protecting personal information, the government was also seeking to prevent the disclosure of privileged legal advice.
“It is integral that legal advice provided to the government remains confidential,” he said,
The senate ordered the Treasury investigation to be handed over on Tuesday in the wake of several bruising hearings which revealed that Ms Chester had been subject to an investigation after complaints were made against her.
Dr Chalmers told The Australian the incidents in the report “took place under the former government” and releasing it “could potentially act as a deterrent for any future complaints”.
ASIC was repeatedly questioned over the investigation, which noted that although “many of the instances of alleged conduct (by Ms Chester) could be wholly or partially substantiated as to the fact specific things occurred”.
In a letter to ASIC chair Joe Longo, Treasury secretary Steven Kennedy noted he had found “insufficient basis” to pursue further action.
Ms Chester maintains no adverse findings were made against her.
Mr Longo said the findings were “mixed”.
Senator Andrew Bragg, who has pursued ASIC over the report, which cost $180,000 to prepare, said he was “very surprised the Treasurer wants to be in on the cover up”.
“This is about a taxpayer-funded report, containing findings that should be known to the public,” he said.
“The Treasurer is free to redact personal information, but he should provide the findings.”
Originally published as Jim Chalmers blocks release of investigation into ASIC deputy chair Karen Chester
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