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Rorts for votes probe: High Court rejects State Government’s bid to stop Ombudsman investigation

THE Victorian Ombudsman will continue a probe into the Andrews Government over the Labor Party’s misuse of parliamentary resources after getting the green light in the High Court.

Premier Daniel Andrews. Picture: Sarah Matray
Premier Daniel Andrews. Picture: Sarah Matray

THE Victorian Ombudsman will continue a probe into the Andrews Government over the Labor Party’s misuse of parliamentary resources after getting the green light in the High Court.

Ombudsman Deborah Glass said “in light of the High Court’s decision, we will be continuing our investigation into the matter referred to me by the Legislative Council.”

The High Court’s decision to reject the Labor appeal comes after two previous court decisions ruling against the Victorian Government in their bid to stall an investigation.

The Herald Sun revealed the extent of the rorts-for-votes scheme, including that MPs gave up taxpayer-funded staff to be used to campaign for Labor in marginal seats in 2014.

Ombudsman Deborah Glass Picture: Norm Oorloff
Ombudsman Deborah Glass Picture: Norm Oorloff

Allegations of the rorts were confirmed by several MPs after Labor whistleblowers said electorate officers were paid for by the parliament but were actually used to campaign for the ALP.

Ms Glass was asked by the Legislative Council to investigate the allegations Labor MPs misused staff budget entitlements.

However the government attempted to argue it was not within her jurisdiction.

Attorney-General Martin Pakula has previously argued allowing Ms Glass to investigate gave the parliament too much power to require the Ombudsman to probe any matter, including the actions of private companies and individuals, which would compromise her “day to day work”.

However the Andrews government lost its bid to stop investigation in the Supreme Court of Victoria and the Court of Appeal, before turning to the High Court.

Victorian Shadow Attorney-General John Pesutto. Picture: Paul Loughnan
Victorian Shadow Attorney-General John Pesutto. Picture: Paul Loughnan

Victorian Government spokeswoman Holly Little defended the High Court bid.

“The Government took this action to protect the architecture of Victoria’s integrity regime, particularly regarding the relationship between the Ombudsman and the Victorian Parliament,” she said.

“As we have previously stated, the Ombudsman is free to conduct her investigation in accordance with resolutions of the Parliament.

“Relevant Members of Parliament will continue to assist the Ombudsman in her inquiries where required, as has been the case with previous inquiries conducted by Victoria Police and the Parliament of Victoria, both of which have been concluded.”

Shadow Attorney-General John Pesutto welcomed the news and said Ms Glass could now “proceed without any further interference by Daniel Andrews and his ministers”.

“What a scandalous waste of taxpayer dollars,’’ Mr Pesutto said.

“After two very clear Supreme Court decisions backing the Ombudsman, Daniel Andrews should never have wasted taxpayers’ dollars trying to cover up serious allegations of rorting.

“If they have got nothing to hide they have got nothing to fear.”

Opposition Leader Matthew Guy. Picture: David Geraghty/The Australian
Opposition Leader Matthew Guy. Picture: David Geraghty/The Australian

Premier Daniel Andrews has always denied wrong doing but admitted there was a “pooling arrangement’’.

Despite the latest ruling it is still unclear if the government will co-operate with Ms Glass’ investigation.

In February, Mr Andrews used State Parliament to try to hide from a probe by moving to assert Legislative Assembly privilege in regards to any investigation.

The government’s Leader of the House, Jacinta Allan, said the motion meant an order passed by the Legislative Council for Ombudsman Deborah Glass to probe the party’s use of entitlements “cannot be taken to apply to current or former members of the Legislative Assembly”.

The state opposition and Greens called the move an extraordinary attempt a “cover up”.

Opposition Leader Matthew Guy said the “Labor Party in Victoria was addicted to rorting taxpayers’ money.”

“How much has this cost?,” he asked.

“The estimates are well into the hundreds of thousands of dollars.

“Millions upon millions of dollars have been rorted by the Andrews Government.”

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Original URL: https://www.heraldsun.com.au/news/victoria/rorts-for-votes-probe-high-court-rejects-state-governments-bid-to-stop-ombudsman-investigation/news-story/7d07cdf5b9a3b642df86b9dbaee9aaa9