ICAC Commissioner Bruce Lander says Government trying to ‘diminish’ Oakden inquiry
UPDATE: Legislation to allow open hearings of the Independent Commission Against Corruption’s inquiry into the Oakden aged care scandal has been introduced, heaping pressure on the independents.
- ICAC to investigate what ministers knew about Oakden
- Yet another case of abuse at Oakden
- Oakden whistleblower ‘shut-out by minister’
A STAND-OFF between the state’s anti-corruption boss and Premier Jay Weatherill has intensified as the State Government stubbornly rejects calls for more transparency.
Independent Commissioner Against Corruption Bruce Lander has also criticised a culture in which ministers take “less responsibility” for problems under their watch than in the past.
Mr Lander has taken issue with ministers, including Mr Weatherill, for referring to his investigation into systemic mistreatment of elderly patients at Oakden as an Ombudsman’s inquiry, adding he suspected it was “to diminish the importance” of the investigation.
Mr Lander also said he felt ministers “take less responsibility than they did 20 or 30 years ago” for problems uncovered under their watch.
“They have to have some personal involvement now before they will resign’, he told ABC Radio Adelaide.
Mr Weatherill faced questions in Parliament on Wednesday afternoon about whether he would provide cabinet documents to Mr Lander if he requested them as part of his investigation.
“During my investigation into the sale of government land at Gillman, I made a request for cabinet documents and those documents were provided,” Mr Lander told The Advertiser.
“The Government has since told me that future requests for Cabinet documents would be considered on case-by-case basis.
“I am surprised that the Premier has announced that he will not release documents that I have not yet asked for.”
During Question Time, Mr Weatherill said the Government would make “all manner of documents” available to Mr Lander but “the documents that are prepared for the purpose of Cabinet are in a separate category”.
“They are a very small proportion of the material that will assist him (Mr Lander),” he said.
Meanwhile Mental Health Minister Leesa Vlahos has refused to say whether she will appear before a Senate inquiry into abuse at the Oakden facility.
Ms Vlahos, who is responsible for the running of the aged-care home at the centre of an abuse scandal, was asked the question in Parliament by the Opposition on Wednesday afternoon.
At first she asked Liberal MP Sam Duluk to repeat his question, before sitting down without answering.
Speaker Michael Atkinson advised Ms Vlahos that the question was hypothetical, which ruled it out of order and therefore she was not required to answer.
Also during Question time, it emerged that the SA Salaried Medical Officers Association wrote to health authorities in April, 2015, raising concerns about understaffing at the Oakden Older Persons Mental Health facility.
“ ... due to the lack of resourcing and funding, it is only a matter of time before an adverse event occurs that could have been prevented ...” the letter stated.
Health Minister Jack Snelling said the letter was not “escalated” to ministerial level and it did not “point to the sort of systemic abuse that was uncovered” at Oakden in a report delivered this year by the state’s Chief Psychiatrist.
Oakden nursing home inquiry
Why is Bruce Lander holding an investigation into Oakden?
The ICAC Commissioner wants to find out who knew about the systemic abuse of elderly patients at the Oakden facility, when, who they told, and what they did about it. “Nobody seems to want to accept the responsibility for it,” he said. Someone has to be responsible for it.”
Why does he want the hearings to be made public?
Mr Lander wants the power to hold some open hearings into misconduct or maladministration, so the public is aware of the process and “satisfied with the integrity of the investigation”. In relation to Oakden, he has said he would not open the whole investigation “but there might be some witnesses whose evidence ought to be heard in public”.
What aspects is the Government resisting?
Despite calls from Mr Lander, Premier Jay Weatherill has said his Government will not change ICAC secrecy rules to allow any public hearings. Mr Weatherill argues he wants to avoid a “circus” but he faces criticism that he is trying to protect the Government from embarrassment. Mr Lander yesterday said he thinks the Government fears “ongoing political damage” from a public inquiry. Mr Weatherill has also said he will not hand over documents relating to Oakden which were prepared for Cabinet. The Government released Cabinet documents for an ICAC inquiry into the Gillman land deal, but argues that was under the direction of the Supreme Court.
What options does Mr Lander have to get documents and/or make hearings public?
Mr Lander could apply to the Supreme Court in a bid to have the Government release Cabinet documents, a move that would raise complex legal questions. He has also urged MPs to support legislation in Parliament that would broaden his powers to hold some public hearings. The Liberal Party and Australian Conservatives have both put forward proposals.