ICAC inquiry into Oakden scandal to examine what ministers knew
THE Senate and SA’s ICAC will conduct double investigations into abuse at the Oakden nursing home, with the Senate probe to be held in public.
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THE daughter of a man abused at the Oakden aged-care home has broken down in tears declaring the cruelty “stops today” after learning the Federal Parliament will inquire into the scandal.
Alma Krecu, who says her mother Ermanno Serpo was abused and over-medicated at the facility, said “it’s 2017, we should not be here having these discussions about abuse”.
Senator Nick Xenophon, who has called for a Senate inquiry into the scandal, revealed following a meeting with Aged Care Minister Ken Wyatt that the Government would support the move.
“We had a very good meeting with Minister Wyatt who was very empathetic, understanding of the issue,” Senator Xenophon.
“Very significantly Minister Wyatt confirmed to us that the Senate inquiry that I am seeking to look into this issue will now go ahead.
“We will have the support of the Government for that inquiry even though it also involved issues of the Commonwealth’s role of accreditation and the state’s role.
“Unlike the ICAC inquiry ... this inquiry will be held in the open, it means that witnesses can come forward and be protected by Parliamentary privilege in what they say.”
Ms Krecu, who went to the meeting in Canberra with her mother Rina, thanked Senator Xenophon for his support.
“It’s a relief that someone's actually listened. It was absolutely a positive meeting today (with Mr Wyatt) ... they (the Government) just need to make sure it doesn’t happen again. It stops today,” she said.
ICAC inquiry
It comes as ICAC head Bruce Lander called for people who have complained about the Oakden aged-care home over the past decade to come forward, as he prepares for a probe into possible maladministration.
Mr Lander held a rare press conference in which he said the inquiry was likely to take about six months and that he would like powers to hold some of the hearings in public.
Under state law, Mr Lander will be using powers of the Ombudsman to inquire into Oakden and is forced to do so in private.
Today, he outlined terms of reference for the inquiry which include examining the adequacy of complaint mechanisms and actions taken by public servants and ministers.
The scope of the inquiry reaches back to 2007, when Oakden failed national accreditation requirements and came under sanctions.
Mr Lander will examine who received information about complaints, what they did, and if action was taken in a timely and appropriate manner.
The period of the inquiry covers the tenure of several mental health ministers including current MPs Leesa Vlahos, Jack Snelling and Gail Gago.
However, Premier Jay Weatherill said he would not seek legislation to allow public hearings.
Neither would he release confidential Cabinet documents to the inquiry.
Mr Lander said the terms of reference may change depending on the evidence he receives during the investigation, and any alterations made public.
He has engaged special legal counsel to conduct the investigation, following a release from the State Government of extra resources.
“The investigation will be carried out in private, because the Ombudsman’s Act requires it,” he said.
Mr Lander has called for members of the public who have made complaints in the past decade to contact him on oakden@icac.sa.gov.au or call 8207 1777 if that is not possible.
“I need those persons to come forward and tell me about the complaint or report,” he said. “I only wish to hear from people who have direct knowledge.”
People giving evidence to the ICAC can have legal representation. Once all evidence is received, “interested parties” can inspect it before findings and recommendations made.
Mr Lander says he will publish a final report if it is in the public interest to do so, and issuing summonses for relevant information this week.
“I think investigations into serious or systemic maladministration should be permitted to be held in public,” he said.
“I don’t mean that the whole of the investigation needs to be conducted in public, but there are some aspects of it that I think it would be desirable to have in public.
“That is to protect the integrity of the investigation and so that persons who in due course read the report can be satisfied that the process was robust.”
Asked if the law should change to allow open hearings on Oakden, Mr Lander said: “Parliament could always amend the Act, if Parliament considers that appropriate”.
Mr Lander said he hoped the investigation would bring “satisfaction” for the families of Oakden residents who wanted a full examination of what has occurred at the facility.
His office has received 11 reports from public officers about Oakden that have been examined in the past year. Several relating to alleged assaults are under police investigation.
Confidential documents
Mr Weatherill welcomed the ICAC inquiry, but said he wouldn’t release confidential Cabinet documents, or clear his ministers to discuss Cabinet decisions.
“No, we won’t be doing that. Certainly they’ll be giving evidence but there’s a public interest preventing the release of Cabinet documents and that won’t be waived,” Mr Weatherill said.
“Those cabinet documents won’t be subject to the scrutiny but there’s plenty of material that will be produced, there’s plenty of evidence that can be given about the steps we’ve taken outside the Cabinet process.”
Auditor General Andrew Richardson voiced disappointment after a recent Government decision meant he no longer had automatic access to Cabinet documents.
Mr Weatherill also said the Government would “not be promoting” legislation to allow Mr Lander to hold inquiries in public, stressing South Australia had “the best model for ICAC legislation anywhere in the nation”.
The Premier is facing a push to let the ICAC hold public hearings as part of its Oakden maladministration inquiry.
Australian Conservatives SA Leader Dennis Hood said he was drafting legislation to permit open hearings sought by the ICAC, and warned sunlight was needed to give the public confidence that everything possible was being done to smash the culture of cover-up uncovered by Chief Psychiatrist Aaron Groves’ scathing report.
“Why should we be in the situation where these things are done behind closed doors? That serves as no deterrent to anybody,” Mr Hood said.
“People need to be able to see that there are consequences for maladministration.”
Mr Hood stressed that open hearings would only be permitted for maladministration inquiries, rather than corruption cases, which can end up in court.
He said neither of the major parties had previously shown an interest in giving the ICAC more powers to hold open maladministration hearings.
“I’m stunned,” Mr Hood said. “What it shows is they haven’t got a real commitment to making sure that the public sector and all of its associated entities operate as efficiently as possible.”
Opposition Deputy Leader Vickie Chapman said the breadth of the inquiry would leave “many people unsettled” within the State Government.
“We have nobody presented by the State Government, either within senior positions or a ministers, taking responsibility,” she said.
Ms Chapman said only Mr Weatherill could allow open hearings, as Labor and its independent ministers hold the majority in the Lower House.
“The position on accountability and transparency is something that the Premier continues to avoid,” she said.