> Integrity Commissioner

Ou r ref: DOC/ 16/35

PRIVATE AND CONFIDENTIAL

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Dai..:: ::Ls ~ 11.t:J Hon Leeanne Enoch MP Minister for Innovation, Science and the Digital Economy Minister for Small Business Tabled Tabled, by lea\:e Member for Algester Jncorporato.:11, Hcm<1indcr incorporated, by leave hv lea\'e BRISBANE QLD 4000 Clerk at thcT:1hh:: ~ By email : [email protected]

Dear Minister

I refer to your request for advice dated 24 December 2015 about ethics and integrity issues arising from your private interests as a Quandamooka woman. I refer also to my emailed response of the same date in which I indicated that I would provide formal advice to you as soon as possible.

As a member of the Legislative Assem bly, you are a designated person under s. 12(1)(a) of the Integrity Act 2009, and I am required to provide the advice you seek. However, in so doing I am not able to provide you with legal advice; and I draw to your attention your obligation under s.15(4) of the Integrity Act 2009 to disclose to me all information relevant to an ethics or integrity issue.

You sa y:

I write to seek your advice about my position as a Cabinet Minister and any potential conflicts of interest that may arise when issues relating to Quandamooka territory are under consideration.

As you are aware, I am a Quandamooka woman, a recognised Traditional Owner of the Quandamooka lands and seas and a member of the Quandamooka Yoolooburrabee Aboriginal Corporation, which is the regist ered Prescribed Body Corporate created under the Native Title Act 1993 to manage the native title rights and interests of the . Since my appointment as an Executive Councillor and member of Cabinet on 16 February 2015 I have excused • myself from meetings when matters relating to and the Quandamooka people more broadly have been discussed. I have adopted this •

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position in order to avoid any actual or perceived conflict of interest as decisions made by Cabinet could potentially have a direct impact on members of my family.

I would appreciate your guidance about the appropriateness of this position and any other advice you feel is relevant for me to consider in relation to t his issue.

Does a conflict of interest arise?

Conflict of interest is defined in s.10(1) of the Integrity Act 2009 as 'an issue about a conflict or possible conflict between a personal interest of the person and the person's official responsibilities'. Whether such a conflict exists is to be judged objectively - that is, what would be the view of the reasonable member of the public, properly informed.

A conflict of interest does not arise from the simple fact that you are a Quandamooka woman and a member of the Quandamooka Yoolooburrabee Aborigina l Corporation. It is necessary for you to have some specific official responsibility in relation to a matter in which your people are involved for such a conflict to arise.

It follows that you will need to consider each situation on a case by case basis, in accordance with your obligations under the Ministerial Code of Conduct.1

However, I believe that in most situations involving the interests of your people, a fully informed, reasonable person would perceive that a conflict would arise between your private interests as a Quandamooka woman, and your respo nsibility as a Minister and member of Cabinet to consider any matter coming before you solely in the public interest.

The same reasonable person might also conclude that as a consequence of your private interests, there is a risk that you would not be able to bring an unbiased (in the legal sense) mind to your responsibilities in relation to the matter.

Managing possible conflicts of interest

You have to date excused yourself from Cabinet and Executive Council discussions when all matters relating to North Stradbroke Island and the Quandamooka people more broadly have been discussed. In my view this is appropriate, and more than sufficient to manage any conflict which occurs.

If in future you are in any doubt about any matter for which you need to exercise an official responsibility, you should err on the side of caution. In the case of a matter coming before Cabinet, this involves declaring your interest in the matter, and declining to participate in any Cabinet discussion of it.

1 Ministerial Handbook published by the Department of Premier and Cabinet, p.63, Appendix 1, Ministerial Code of Conduct, available at http:// www.premiers.qld.gov.au/publications/categories/policies-an d­ codes/handbooks/assets/ministerial-handbook.pdf, retrieved on 31 December 2015. Page 3

In forming your view as to whether a conflict arises in a particular situation, you can take account of the fact that the Ministerial Code recognises that a conflict does not arise for matters of general public policy, or where a Minister has no greater interest than other classes of people in the community or within Cabinet generally.

However, in suggesting that you should err on the side of caution, I have considered the facts that: • any interest which you may have is potentially a pecuniary one, albeit possibly indirect • the number of Queensland residents who have an interest of the same nature as yours is limited • my assessment of the likely broad public view is that you would be widely perceived to have an interest. In these circumstances it would assist the maintenance of public trust in government for you to acknowledge an interest.

I note also that if in a particular Cabinet matter involving the interests of your people, you determine that you do not have a conflict, you must still declare your interest at the Cabinet meeting; although you do not need to withdraw in those circumstances.

The same principles apply to a matter which comes before you in your Ministerial capacity: for example, a conflict could arise if your people see k a decision relevant to you r portfolio. If you believe such a conflict arises you should declare it, and delegate your decision-making responsibility to another person who is not involved in it.

I would be happy to provide further advice about any particular matters which may become of concern to you as they arise.

Declaration requirements

I reiterate the comments which I have previously provided to you about your statement of interest obligations, and the desirability of erring on the side of full disclosure. These obligations extend to your private interests as a Quandamooka woman, and I note that you have properly declared them. 2 The Clerk of the Parliament, Mr Neil Laurie, will be able to advise you about any further questions which you may have in this respect.

Other Parliamentary requirements

I also draw to your attention the provisions of Standing Orders 259 - 262,3 about declaring pecuniary and other non-pecuniary interests in Parliamentary proceedings. I am

2 See your entry in the Register of Members' Interests, Item 20, available at http://www. pa rliam ent.qld.gov.a u/mem be rs/ current/register-members-interests. retrieved on 31 December 2015. 3 See Legislative Assembly of Queensland, Standing Rules and Orders of the Legislative Assembly, effective from 31August 2004 (amended 17 July 2015), p60, available at http://www.parliament.qld.gov.au/work-of­ assembly/procedures, retrieved on 31 December 2015. Page 4 sure that the Clerk would be able to provide any guidance which you may seek in relation to particular matters that may arise.

Under s.27 of the Integrity Act 2009, you may disclose this letter as you see fit.

Please don't hesitate to contact me should you require any further assistance.

Yours sincerely

Richard Bingham QUEENSLAND INTEGRITY COMMISSIONER

4 January 2016

The Right to lnformotion Act does not op ply to this document and the enquii y to which it responds Right to Information Act, schedule 1, s 6.