ICAC investigation into Country MPs travel allowance claims delayed as politicians try to claim parliamentary privilege

The ICAC says country MPs are trying to dodge an anti-corruption inquiry into controversial travel allowances by claiming parliamentary privilege – meaning it could be dropped.

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Politicians have been accused of hiding behind a parliamentary convention to avoid scrutiny over a controversial travel perks scandal.

An anti-corruption investigation into use of the Country Members Accommodation Allowance has been delayed – and may be dropped completely.

Independent Commissioner Against Corruption Bruce Lander launched an investigation after MPs paid back almost $80,000 and five Liberal MPs had admitted errors or confusion over their payments.

On Friday, Mr Lander said some MPs and their staff had cited parliamentary privilege in refusing to immediately hand over documents about their claims.

Opposition Leader Peter Malinauskas told The Advertiser he believes two current members in his party who have claimed the allowance have nothing to hide – but they will be in trouble if they have.

“I have instructed the current Labor MPs that have claimed the allowance, that we believe have done so appropriately, to comply with all requests from the ICAC in regards to this investigation,” he said.

“If they fail to do that I will kick them out of the Labor Party. This is a test for (Premier) Steven Marshall to see if he will do the same.”

Mr Malinauskas said there was a very simple question for MPs who failed to co-operate with the investigation: “What are they hiding?”

Mr Marshall later said he had not seen Mr Lander’s statement.

“I expect all of my members to comply with the ICAC Act,” he said.

“The legislation is particularly clear and I expect every single member of Parliament to comply with those rules and that legislation.”

He said he could not comment on whether this information would or should be protected under parliamentary privilege, because “privilege is something that is determined by the parliament itself”.

Independent Commissioner Against Corruption Bruce Lander, whose term is about to expire. Picture: AAP / David Mariuz

Mr Lander had issued a statement that did not identify which MPs had asked for a delay in handing over documents.

“During the course of the investigation I have sought from members of parliament and their staff information relating to claims made for this allowance,” Mr Lander said on Friday.

“Some members and their staff have not provided that information to me. Those members and their staff have asked me to delay my request for documents and information until parliament has determined whether or not a claim for parliamentary privilege is to be made.”

In its most simple definition, parliamentary privilege grants protection against civil or criminal liability for actions done, statements made, or documents tabled in the course of their legislative duties.

In this case, The Advertiser understands that the tabling of 10 years’ worth of data about country members’ accommodation allowance claims, by former Speaker Vincent Tarzia, will be cited.

Former transport and infrastructure minister Stephan Knoll was one of three ministers who resigned over perks claims. Picture: David Mariuz

Tim Whetstone also resigned his ministerial position, but his lawyer says he was not one of the MPs who cited parliamentary privilege over travel claim documents. Picture: Matt Loxton

Some sections of the party have always questioned why Mr Tarzia, with the open support of Premier Steven Marshall, acted quickly to release the data.

Mr Lander said he did not think the documents or information sought would be protected by parliamentary privilege, but “the privilege is that of parliament”.

“The parliament, which is currently in the winter recess, cannot consider the question of parliamentary privilege until it returns on 8 September 2020, which is after my term as Independent Commissioner Against Corruption ends,” he said.

“Although I am continuing to seek evidence and information from other persons and sources, the potential for a claim for parliamentary privilege has had the effect of delaying the investigation because I have not been able to examine documents and other evidence in the custody of the Members and their staff, relevant to the matters under investigation. Also I have not been able to interview or examine the members or their staff.

“After 1 September 2020 it will be a matter for my successor, the Hon. Ann Vanstone QC, as Commissioner, to decide whether the investigation should continue and if so the course of the investigation.”

Iles Selley lawyers partner Matt Selley, who acts for former agriculture minister Tim Whetstone, said his client had not claimed parliamentary privilege over his claim documents.

He said Mr Whetstone “has voluntarily provided a volume of material to the ICAC’’ following Mr Lander’s request for voluntary disclosure.

“He has and intends to continue to co-operate with the ICAC investigation and has not made any claim for parliamentary privilege,’’ Mr Selley said.

“Given this is an ongoing inquiry, it is inappropriate to make any further statement.’’

Tindall Gask Bentley partner Sam Joyce, who is representing MPs Terry Stephens, Fraser Ellis, Adrian Pederick, Peter Treloar, Troy Bell and Nick McBride, declined to comment when asked if any of his clients had claimed privilege over their claim documents.

Dual perks scandals triggered a Cabinet reshuffle after the Government Whip Adrian Pederick and three ministers stepped down, including high-profile former transport minister Stephan Knoll, who paid his parents rent while claiming the travel allowance from the taxpayer.

And David Ridgway also quit as minister after The Advertiser revealed he had signed blank timesheets for his chauffeur, who was later reprimanded.