State Parliament faces push for Freedom of Information and water pricing reform as Labor comes under fire over sky-high bills
A FREEDOM of information officer who ruled releasing the water watchdog boss’s explosive resignation letter was against the public interest is married to the man who succeeded him in the job.
A FREEDOM of information officer who ruled it would be “contrary to the public interest” if former Essential Services Commission of SA chief executive Paul Kerin’s resignation letter were released is married to the man who succeeded him as head of the water price watchdog.
Following a six-month Freedom of Information battle, The Advertiser on Tuesday published Dr Kerin’s explosive resignation letter. Dr Kerin used the letter to accuse the government of showing disregard for consumers’ interests, and ministers of blocking his efforts to cut bills.
The letter was only finally released after Acting Ombudsman Megan Philpot overruled ESCOSA FOI officer Dona Attard, dismissing her argument and stating release of the letter would increase understanding of the operations of government and better inform public debate on utility pricing.
Ms Attard is married to new ESCOSA chief executive Adam Wilson, who began acting in the role immediately after Dr Kerin’s resignation and was appointed for a five-year term in August.
Ms Attard in June agreed to release part of the letter, but redacted all negative comment on the grounds it could damage the relations with government and cast ESCOSA in a bad light.
An Advertiser request for ESCOSA to conduct an internal review of Ms Attard’s decision, a legal step required before appeal can be made to the Ombudsman, was handled by Mr Wilson.
Dr Kerin, who worked closely with the pair during his time at ESCOSA, today stressed he believed both were highly-professional and conducted themselves properly during the porcess.
“I have full faith that the marital status of Dona Attard and Adam Wilson had absolutely no impact on ESCOSA’s consideration of the FOI request,” he said today.
“During my time as CEO, Dona and Adam acted with the utmost professionalism”.
ESCOSA chairman Pat Walsh declined an interview to discuss his agency’s independence.
In a statement, he defended the agency’s handling of the FOI application.
“The Commission’s determinations followed the letter of the law and each stage of the process came within the time frames prescribed by the FOI Act,” Mr Walsh said.
“The Commission has in place a comprehensive and robust governance framework and stands by the probity of the process under which the FOI application was handled.”
The Government is facing growing political pressure over the controversy, amid community anger at the state’s sky-high bills and huge tax gains being pocketed from SA Water profits.
The Opposition has confirmed it will call Dr Kerin to a State Parliament inquiry into water pricing next month and probe how ministers stymied reform that could have cut bills.
It will today use Parliament to call for a significant overhaul of FOI laws that would result in fines for ministers and staffers who exert undue influence over the processing of applications.
Liberal MP Vincent Tarzia is proposing $20,000 fines for ministers or staff who break the rules.
He said it was “completely unjust” that The Advertiser had been “forced to go through all of this rigmarole to get information which is clearly in the public interest”.
Mr Tarzia’s push follows revelations in a report by former Ombudsman Richard Bingham of evidence “ministerial or political influence is brought to bear on agencies’ FOI officers, and that FOI officers may have been pressured to change their determinations”.
The Government says it will examine the legislation when it is brought forward.
Treasurer Tom Koutsantonis said he had no influence in fighting the release of Dr Kerin’s letter.
Family First MP Rob Brokenshire has also flagged a shake-up state laws in the wake of Dr Kerin’s revelations and plans to restore strong powers for ESCOSA to set prices.
Premier Jay Weatherill in September issued a new pricing order to ESCOSA which experts say is likely to keep SA’s water prices at inflated levels until at least 2019.
Mr Brokenshire said ESCOSA must have “true independent pricing power”.
“We have to stop this government issuing price orders through Treasury as the people of this state simply cannot afford it,” he said. “The Government’s true colours have been shown — it is making life hard for people, it knows it and it doesn’t care.”
NO SHIELD
Whistleblowers still left high and dry
Sheradyn Holderhead
LAWS that would provide protection for whistleblowers to encourage them to come forward will be put on ice as the State Government seeks to stymie an Opposition and crossbench proposal.
The so-called “shield laws” would allow members of the public to provide information to journalists without fear of retribution because they would be reassured that their identity would legally remain secret.
The proposal, which passed the Upper House with the support of the Liberals and crossbench last month, will be raised in the Lower House today.
It would require the support of both independents or the Government to become law.
But Attorney General John Rau confirmed that the Government still would not support the move.
He has previously said the proposal was “flawed” and that there was no pressing need for the legislation.
The Advertiser understands the Government will delay debate on the proposal with the support of Geoff Brock and Martin Hamilton-Smith, who have both declined to state their position on the laws.
A spokesman for Mr Brock said that he would make a decision once he had heard the debate on the issue.
Currently, if a journalist is asked to reveal or provide documentation that would disclose the identity of a source as part of a court proceeding or commission inquiry and they refuse, they are in contempt and face penalties that include jail and fines.
The proposed laws would have brought SA into line with most other states.
Opposition deputy leader Vickie Chapman said that the protections needed to be put in place now, not when the State Government could be bothered. “This proposal has been discussed publicly for a long time and the Government has had plenty of time to reach a position,” she said.
Ms Chapman said that Labor had become increasingly secretive under successive governments.
“To try and break this cycle we have introduced amendments to the Freedom of Information Act and are trying to deliver increased legislative protection for journalists who assist whistleblowers,” she said.
“We need to protect the media organisations who give whistleblowers a voice.
“The Government, and in particular the independent members of Cabinet, need to make a choice. Do they support open and transparent government, or do they want to operate in secret and intimidate people into silence?”
Crossbencher John Darley, who proposed the laws with the Liberals, said the Government continued to show that it believes only it possessed any good ideas.