Attorney-General Vickie Chapman broke ICAC laws secrecy clause, former Federal Court judge says
Fresh legal advice from an ex-Federal Court judge has found Attorney-General Vickie Chapman broke strict secrecy provisions surrounding SA’s ICAC — as Ms Chapman refused to stand aside during a police assessment.
How the story has developed
- SEPTEMBER 27: Minister refuses to answer questions
- SEPTEMBER 27: Chapman releases statement, ICAC boss responds
- OCTOBER 22: Labor says legal advice shows Chapman broke rules
- YESTERDAY: Police assessing if AG broke the law
- TODAY: Libs introduce legislation for open ICAC hearings
Attorney-General Vickie Chapman has rejected Opposition calls to stand aside while police conduct an assessment into its claim that she breached an extreme secrecy provision around activities of SA’s anti-corruption watchdog.
Asked by journalists if she would stand aside, Ms Chapman on Thursday responded “clearly not” and she was confident there had been no legal breach.
Ms Chapman also said police had not contacted her about the claim.
“Quite frankly in a circumstance where any material is presented to the police on any allegation of a breach, even if it comes from the Labor Party, it is quite proper that they conduct those preliminary assessments,” she said.
“I don’t have any issue with that. Should I be of any assistance, I’ll be happy to explore that. “I’ve had senior, comprehensive advice. I have considered it, I have accepted it. It indicates that there has been no breach.”
Ms Chapman refused to comment on whether the finding of a breach would make her position untenable, saying that was a hypothetical situation.
Earlier on Thursday, Labor released fresh legal advice it commissioned from a respected former Federal Court judge that found Ms Chapman broke the strict secrecy provisions.
In September, Advertiser.com.au revealed two senior executives in the State Government’s land management and development agency Renewal SA had gone on sudden indefinite leave.
It lead to intense questioning in State Parliament on the reasons for their absence, and farcical scenes in which Transport Minister Stephan Knoll said he was unable to answer questions.
Ms Chapman subsequently released a statement to say she had spoken with Independent Commissioner Against Corruption Bruce Lander about whether he would make a statement.
Ms Chapman said she had been told he would not be doing so at that time.
That sparked accusations she had broken an extreme secrecy clause in ICAC laws designed by the former Labor government, which bans discussion of real or possible investigations.
Mr Lander that afternoon issued a statement allowing the media to publish Ms Chapman’s comments, and went on to explain why he believes corruption inquiries should be secret.
On Wednesday, it was revealed police are conducting an assessment of Ms Chapman’s actions.
The maximum penalty on a person who breaches the act is a $30,000 fine.
Opposition legal affairs spokesman Kyam Maher on Thursday called for Ms Chapman, currently Acting Premier, to stand aside pending the police assessment.
He also released new legal advice by former judge Raymond Finkelstein, that finds Ms Chapman contravened the law.
Mr Finkelstein finds the breach was not Ms Chapman’s decision to release the statement to journalists, but publishing it on her own website without the express permission of Mr Lander.
He says reading it together with media reports on the absence of senior Renewal SA staff “does tend to suggest” that an ICAC investigation is underway into an executive.
“For this reason, in my opinion, there was a contravention,” Mr Finkelstein finds.
“For completeness, I should mention that, in my opinion, the provision of copies of the Attorney-General’s statement to representatives of the media followed, shortly thereafter, with a request that the statement not be published is unlikely to amount to a contravention.
“The short reason is that this publication was not a sufficiently broad section of the community.”
Opposition government accountability spokesman Tom Koutsantonis has called the situation “unprecedented” and claimed “a potential constitutional crisis is developing”.
Ms Chapman will face pressure in Question Time.
