Matt Kean: Report says minister influenced asbestos criminal investigation
A NSW senior minister has been embroiled in a damning report which found public servants issued asbestos infringement notices unlawfully amid claims “ministerial demands” impacted their investigations.
NSW
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Senior Minister Matt Kean has been embroiled in a damning report which found public servants issued asbestos infringement notices unlawfully amid claims “ministerial demands” impacted their investigations.
The Daily Telegraph can reveal the explosive ombudsman’s report concerning SafeWork actions in relation to Blue Mountains City Council was officially taken to NSW cabinet this month.
However Mr Kean, who was the minister responsible at the time of the investigation, questioned why it needed to be considered by cabinet.
The allegations are included in an Ombudsman’s report dated August 21 which identifies “ministerial and executive pressure” as a key factor in the issuing of unlawful asbestos notices to the council, which was later issued an apology. SafeWork has also been ordered to pay compensation.
Multiple sources have confirmed Mr Kean, the current Environment Minister, questioned why cabinet was considering the report, while a number of ministers raised concerns about its findings and Mr Kean’s alleged involvement in the matter.
Others in the room also raised issues with the ombudsman’s recommendations, specifically that SafeWork pay compensation to Blue Mountains Council for “unnecessary expenses they incurred” following the unlawful asbestos notices.
Cabinet conventions traditionally require ministers to excuse themselves or declare a conflict where discussion involves their personal conduct or affairs.
Mr Kean scrambled to get legal advice yesterday, which cleared him of any conflict.
The advice, seen by the Telegraph, said Mr Kean did not need to abstain from discussions as he did not have a “private interest” in the matter.
“I do not consider that the minister was required to declare a conflict of interest under the code or abstain from cabinet decision-making on SafeWork’s response to the report,” the advice from NSW Department of Premier and Cabinet general counsel stated.
In his report, Ombudsman Michael Barnes found SafeWork acted “unreasonably” partly because inspectors were acting under “dictation” of senior staff.
The Ombudsman found five notices issued by SafeWork to the council over asbestos management were either “unlawful” or “unreasonable”. The report found multiple instances where inspectors issued notices without having a “reasonable belief” they were needed.
The report makes no explicit findings against Mr Kean, but quotes a “senior SafeWork executive” who cited “ministerial and executive pressure” as one element putting pressure on staff, resulting in the unlawful actions. “Ministerial demands” affected SafeWork’s investigations, the executive said.
“Demands were being continually made to make decisions extremely quickly with the best information at hand,” the Ombudsman was told.
The report noted several radio interviews where Mr Kean said concerns about asbestos would be investigated.
The issue was first identified by 2GB’s Ray Hadley.
Mr Barnes found the “close and direct involvement” of Mr Kean, then the Better Regulation Minister, and then-Local Government Minister Gabrielle Upton in the matter “created a complex and emotionally charged environment”.
Labor’s upper house leader Adam Searle accused Mr Kean of pressuring his former department to act, leading it to “actions that were not lawful or reasonable”.
Mr Kean on Tuesday night stood by his actions. “You can never be too careful with asbestos and I make no apologies for making sure that SafeWork thoroughly investigated the issue.”