Minister for Education and
QuHnsland Minister for Tourism and Major Events Governmenl
level 37 lWS l WUll1m Street Bri,bane 4000 PO Box 15033 Clly (ISi
Quun~llnd 4002 Aui tr1tl1 Tele phone •61737197530 Emall: educatlon'-'>mln l.s t~ul1 l . qld.1ov.au
Hon Peter Wellington MP Speaker of the Legislative Assembly Alice Street BRISBANE QLD 4000 Tabled
Incorporated, 1«-m .. intlcr incorpo1a itd. ' ' ~t \/ by IC;J\'C Dear Mrf eaker, 'k:t\'C ....! Clc•rk al the Tahk: '
I refer to an article in The Australian today, Release of audit angers P arson, a copy of which is attached for your reference.
The article alleges I misled the Parliament on 30 November 2016, when answering a question without notice asked by the Member for Cook, Mr Billy Gordon MP.
The Member for Cook queried if either the Director-General of Education or myself had provided the internal audit reports relating to Cape York Academy and/or the Cape York Aboriginal Australian Academy to the Australian Broadcasting Corporation or any other media outlet.
In my response, I stated "My understanding is that the audits were undertaken by the department of education and that they were released to the ABC under the right to information legislation."
Mr Speaker, I submit I have not committed the offence of contempt of Parliament.
There are three elements to be proven in order to establish that a Member has committed the contempt of deliberately misleading the House: 1. The statement must have been misleading; 2. The Member making the statement must have known, at the time the statement was made, that it was incorrect; and 3. In making the statement, the Member intended to mislead the House.
I will deal with each of the elements in turn. 1. The statement must have been misleading
The article in the Australian states:
The informal release of documents contradicts a statement by Ms Jones to the Queensland parliament that the audits undertaken by the department were "released to the ABC under the right to information legislation".
I submit, Mr Speaker, the article does not capture the context and entirety of the exchange between myself and the Member for Cook.
1je nclosel herewith page 4696 of Hansard dated 30 November 2016.
I have reproduced the relevant excerpts from the transcript below, for your convenience.
Mr GORDON : My question is to the Minister for Education and Minister for Tourism and Major Events. In reference to the confidential internal audit reports relating to the Cape York Academy and/or the Cape York Aboriginal Australian Academy, is it the education department or Good to Great Schools Australia which has the responsibility for these confidential internal audit reports? Can the minister confirm if either the minister and/or the Director-General of Education has provided any related documents including the internal audit reports, associated documents and correspondence to the Australian Broadcasting Corporation or any other media outlet?
Ms JONES: I thank the honourable member for his question. I am happy to sit down with him and discuss the multiple questions that were in the question from the member for Cook, but I can say this: all decisions that I make as the Minister for Education are about ensuring that we deliver the best possible education for every single child no matter where they live in this state, and that includes the children of Aurukun. That is why in the last few months we have run a very detailed selection process to put a permanent principal - one of the highest qualified principals - in Queensland- into that school. I want to acknowledge and thank the principal who will be starting there next year for his enthusiasm about this job, because we know there are great things happening in the Aurukun school.
I can assure the member for Cook that all of my dealings in relation to Aurukun and Good to Great Schools have been in good faith and focused on putting children and children's learning first. I will not be distracted by name-calling or by people making comments and releasing private documents publicly. My focus, as I am sure every single member of the House would want of me, is on the good quality outcomes of learning in that school. That is exactly what I will do day in and day out.
Mr SEENEY: Mr Speaker, I rise to a point of order on relevance. The question from the member for Cook was fairly simple. It asked who was responsible for the audits and whether the department has provided the audits to the AB C. The minister has not gone near
2 either of those elements of the question and I think that in the interests of providing a reasonable answer to the member for Cook she should answer the question.
Mr SPEAKER: The minister indicated that she was going to take the matter up with the member for Cook.
Opposition members interjected.
Mr SPEAKER: Order! Members, let me finish. Resume your seat, member for Collide; I have not finished. It appeared to me that there were a number of questions in the answer. There was not just one question; there was a series of questions. Does the minister have anything further to add?
MS JONES: Yes, Mr Speaker. My understanding is that the audits were undertaken by the department of education and that they were released to the ABC under the right to information legislation.
It is on the basis of the above evidence the article asserts I misled Parliament.
Mr Speaker, as you would be aware when the Right to Information Bill was introduced in 2009, the former Premier Anna Bligh said in her second reading speech :
The introduction of this bill ... represents a significant step forward for democracy in Queensland, and demonstrates the Queensland government's commitment to openness and transparency.
The Right to Information Bill establishes a right to information for Queens/anders. The objects and operational clauses of the bill emphasise that information is to be released administratively unless there is a good reason not to, with applications under the legislation to only be an avenue of last resort.
Further to this, Mr Speaker, the Right to Information Act 2009 contains a preamble setting out Parliament's reasons for enacting this legislation.
Preamble Parliament's reasons for enacting this Act are -
1 Parliament recognises that in a free and democratic society- a. There should be open discussion of public affairs; and b. Information in the government's possession or under the government's control is a public resource; and
3 c. The community should be kept informed of government's operations, including, in particular, the rules and practice followed by government in its dealings with members of the community; and d. Openness in government enhances the accountability of government; and e. Openness in government increases the participation of members of the community in democratic processes leading to better informed decision making; and f. Right to information legislation contributes to a healthier representative, democratic government and enhances its practice; and g. Right to information legislation improves public administrations and the quality of government decision-making; and h. Right to information legislation is only 1 of a number of measures that should be adopted by government to increase the flow of information in the government's possession or under the government's control to the community.
2 The Government is proposing a new approach to access to information. Government information will be released administratively as a matter of course, unless there is good reason not to, with applications under this Act being necessary only as a last resort.
3 It is Parliament's intention to emphasise and promote the right to government information. It is also Parliament's intention to provide a right of access to information in the government's possession or under the government's control, unless, on balance, it is contrary to the public interest to provide the information. This Act reflects Parliament's opinion about making information available and the public interest.
The legislation considers administrative access as a means to accessing information.
It is my belief that the pro-disclosure bias of this legislation is fundamental to upholding the principles of a free and democratic society.
In addition to this, section 132 of the Act provides the Information Commissione r with the power to issue guidelines about a matter for, or in connection with, any of the commissioner's functions. Subsection (3)(j) notes best practice for administrative access schemes are included.
The Office of the Information Commissioner's guidelines on Administrative release of information st ate:
A formal application for government-held information under the RT/ or IP Act should only be made as a fast resort. Therefore agencies need to assess whether additional
4 or enhanced administrative access schemes can help to reduce the need for formal applications under the RT/ or IP Act.
Administrative release is a discretionary process but the framework for release is based on the same philosophy underpinning the RT/ and IP Acts.
I note section 44(4) of the RTI Act provides:
Pro-disclosure bias in deciding access to documents
(4) However, it is the Parliament's intention that this Act should be administered with a pro-disclosure bias and an agency or Minister may give access to a document even if this Act provides that access to the document may be refused.
I am advised on 28 September 2016, the Department of Education and Training received a right to information application from the ABC regarding the Cape York Institute, Cape York Partnership and Good to Great Schools Au stralia. The request was wide ranging, seeking documentation from 2007 to 2016.
I am advised the applicant narrowed the scope of the request, which was confirmed with the Department on 11 October 2016.
The request wa s as follows:
The reports issued in October 2014 and February 2016, developed by the internal audit branch of DET, in relation to audits conducted across the three campuses of CYAAA in July 2014 and August 2015 and referenced in the report: "Review of school education in Aurukun, School Improvement Unit 2016".
I am advised on 27 October 2016, the Department decided to release the information administratively to the applicant.
Mr Speaker, when I took office as the Minister for Education I delegated my decision making authority on right to information applications to the Department of Education and Training.
On 30 November 2016, when asked whether "the department had provided the audits to the ABC", I responded that it was my understanding that they were released to the ABC under the right to information legislation. I submit, Mr Speaker that the legislation refers to and considers administrative access as a means of providing information.
5 I submit, Mr Speaker that my statements do not contain any apparent or proven factually incorrect matter, nor were my statements mi sleading.
I now turn to the second element that must be proved.
2. The member making the statement knew at the time the statement was made that it was incorrect
Even if the committee were to find that my statement was misleading, in order to co nstitute a contempt of Parliament it must be established that I knew at the time that the statement was made that it was inaccurate.
Mr Speaker, within the broader context of the princi ples underpinning the legislation and the pro-disclosure bias contained therein, I believe I was correct in saying the application had been released under the legislation given the emphasis in the Act on proactive release of information.
I understand that the application was withdrawn in order for the Department to release the documents administratively, however, the administrative access scheme is considered in the legislation as a means to access information.
I submit that my statement does not constitute a misleading statement and that I was not aware at the time of making the st atement t hat it was incorrect. As submitted above, I believe my stat ements to be true and I believe they are not misleading.
I now turn to the third element.
3. In making the statement, the Member intended to mislead the House.
In order to prove that a Member intended to mislead the House, it must be established that the Member deliberately made the statement, knowing it to be false with the intention of misleading the House.
My int ention in making the above statement, Mr Speaker, was to answer the questions put to me by the Member for Cook.
My intention in making the statement was to comprehensively answer the question directed at me.
I believed the st atements to be true, and had reasonable grounds for so believing. i sought clarity prior to the Parliamentary sitting and was advised by the Department the documents were released ad ministratively, which is consistent with the pro-disclosure bias of the legislation. Therefore, I did not believe my statement to be misleading either at the time I
6 made it or at the present time. However, if this is not accepted, I give my assurance to you, Mr Speaker, that it was not my intention to mislead the House.
Based on the information I have provided, I do not believe I have intentionally misled the House. I hope this assists in re solving this matter.
Hon Ka Jones MP Minister for Education Minister for Tourism, Major Events, Small Business and the Commonwealth Games Member for Ashgrove
7 15 Dec 2016 EJ ~ ·. The Australian, Australia Author: Geoff Chambers • Section: General News • Article type : News Item rfl·- ·-n -- - Classification: National• Audience: 97,419 •Page: 8 ·Printed Size: 276.00crn• Market: National· Country: Australia· ASR: AUD 5,578 •Words: 619 Item ID : 700632181 Queensland [)j •' -. Government ~ isentia . mediaportal Licensed by Copyright Agency. You may only copy or communicate this work with a licence. Page 1of2 Release of audit angers Pearson EXCLUSIVE Thomas sat down to inte1view criticised the ABC's coverage of Ms Jones about a ''confidential" indigenous affairs, said the de CEO!+ C H A ~lUl RS audit of the Cape York Academy. pa1tment's release of the audit wa~ QUEENSLAND RUREAU CHIEF From that report, Mr Thomas report "unlawful; improper selected excerpts which he and an abuse of process". Cape York leader Noel Pearson claimed showed financial mis "The 2015 Cape York Acad has lodged a complaint with the management involving GGSA. emy Audit Report was released to Queensland Crime and Conup The Australian had earlier the ABC at a time when the tion Commission and the reported it wasn't GGSA that had Queensland Audit Office was Ombudsman's office after state caused financial issues but rather unde1taking a review and audit of Education Minister Kate Jones' poor bookkeeping by Queens· Cape York Academy at Aurukun department "informally released" land bureaucrats. ... and thus the release of the 2015 to the ABC sensitive documents l n his official complaint Cape York Academy Audit relating to Good to Great Schools against the department and direc Report did or had tl1e potential to Australia. tor-general Jim Watterston, sent prejudlce that investigation," he Intemal reports undertaken late yesterday, Mr Pearson high said. by the department on the opera lighted that the 2015 Cape York "As a result of the ABC's publi tion of the Aurukun school at Academy Audit report was a cation based on release of the Cape York were released outside "confidential report" prepared by 2015 Cape York Academy Audit the state's Right To lnfonnation the department's internal audit Report, GGSA suffered repu Act. branch. tation damage.'' The informal release of docu Mr Pearson said under section Weeks after its initial report on ments contradicts a statement by 37 of the Right to Information GGSA, the ABC aired accusa Ms Jones to the Queensland par Ac1, GGSA should have been tions of intimidation made liament that the audits under considered a "third party" need against Mr Pearson, quoting a taken by the depa1iment were ing to be consulted, with referen June letter sent by Dr Watterston. "released to the ABC under the ces made in the rep01t to While adm itting the ABC had l'ight to information legislation". commercial arrangements, stu successfully sought the internal Under the legislation, a con· dent management, and human departmental reports, a depart cemed thil'd patty is supposed to resource management. ment spokeswoman refused to be ale1ted when sensitive docu "The consultation process in confirm that Dr Wattcrston's let ments are released, but in this ter was also released to the ABC. case Mr Pearson and GGSA were section 37 is mandatory and She confirmed that internal audit not infonned designed to protect U1e interests reports were released to the ABC Weeks after an right to infor of third parties (such as GGSA) "informally". mation application was lodged by who may be affected by U1e re "A right to information appli the ABC, documents were "infor lease of a document of an cation was received seeking ac mally released" on October 27, agency." cess to internal reports," she said. the same day ABCr eporter James Mr Pearson, who has strongly 15 Dec 2016 The Australian, Australia
Author: Geoff Chambers • Section: General News • Article type : News Item Classification: National• Audience : 97,419 •Page: 8 •Printed Size: 276.00cm' Market: National• Country: Australia· ASR: AUD 5,578 ·Words: 619 Item ID: 700632181 Queens\1nd Governml'nt ~isen ti a.mediapor tal Licensed by Copyright Agency. You may only copy or communicate this worl< with a licence. Page 2 of 2
The informal release allowed the department to circumvent alerting Mr Pearson and his asso ciated organisations, as is dictated by l egislation. Cook MP Billy Gordon, who represents the vast cape including Aurukun, has grilled Ms Jones in parliament over her role in the release of information regarding Cape York Academy. "I still have concerns that the minister and or her public ser vants have not followed due pro cess at all," Mr Gordon said. "This has all the hallmarks of a leak designed to damage the work of Cape York Academy with little regard for the education oppor tunities for the children of Aurukun." A spokesman for Ms Jones said she stood by her comments to Queensland parliament when she said documents were released according to legislation. 4696 Questions Without Notice 30 Nov 2016
Cape York Aboriginal Australian Academy, Audit Reports Mr GORDON: My question is to the Minister for Education and Minister for Tourism and Major Events. In reference to the confidential internal audit reports relating to the Cape York Academy and/or the Cape York Aboriginal Australian Academy, is it the education department or Good to Great Schools Australia which has the res ponsibility for these confidential internal aud it reports? Can the minister confirm if either the min ister and/or th e Director-General of Education has provided any related documents including the internal audit reports, associated documents and correspondence to the Australian Broadcasting Corporation or any other media outlet? Ms JONES: I thank the honourable member for his question. I am happy to sit down with him and discuss the multiple questions that were in the question from the member for Cook, but I can say this: all decisions that I make as the Minister for Education are about ensuring that we deliver the best possible education for every single child no matter where they live in this state, and that includes the children of Aurukun. That is why in the last few months we have run a very detailed selection process to put a permanent principal-one of the highest qualified principals in Queensland-into that school. I want to acknowledge and thank the principal who will be starti ng there next year for his enthusiasm about this job, because we know there are great things happening in the Aurukun school. I can assure the member for Cook that all of my dealings in relation to Aurukun and Good to Great Schools have been in good faith and focused on putting children and children's learning first. I will not be distracted by name-calling or by people making comments and releasing private documents publicly. My focus, as I am sure every single member of this House would want of me. is on the good quality outcomes of learning in that school. That is exactly what I will do day in and day out. Mr SEENEY: Mr Speaker, I rise to a point of order on relevance. The question from the member for Cook was fairly simple. It asked who was responsible for the audits and whether the department has provided the aud its to the ABC. The minister has not gone near either of those elements of the question , and I think that in the interests of providing a reasonable answer lo the member for Cook she should answer the question. Mr SPEAKER: The minister indicated that she was going to take the matter up with the member for Cook. Opposition members interjected. Mr SPEAKER: Order! Members, let me finish. Resume your seat, member for Callide; I have not finished. It appeared to me that there were a number of questions in the answer. There was not just one question; there was a series of questions. Does th e minister have anything further to add? Ms JONES: Yes, Mr Speaker. My understanding is that the audits were undertaken by the department of education and tha t they were released to the ABC under the right to information legislation.
Townsville, Stadium Mr HARPER: My questi on is to the Minister for State Development. Can the minister update the House on the progress of the $250 million North Queensland stadium in Townsville? Dr L YNHAM: I thank the member for Thuringowa for his obvious interest in the North Queensland stadium. The member for Thuringowa, the member for Townsville and the Minister Assisting the Premier on North Queensland all have a particular interest in how the North Queensland stadium is developing, and l have good news. We are aiming to award three contracts for the $250 million North Queensland stadium by the end of this year. With the stadium project expected to create 750 jobs during construction and kickstart the local economy, this will be a welcome start to the holiday season for all those in North Queensland. The quantity surveyor an d the audit program mer tenders close next Frida y, 9 December and the contracts are due to be awarded by Christmas. The expression of interest process resulted in 10 companies being short-listed and eight of those are from North Queensland. A key Palaszczuk government objective is to engage as much industry and local content as we can in North Queensland to generate jobs in the local economy. I was in T ownsville recently, and I was impressed by the passion and commitment that the people of Townsvi lle expressed about this project. They are all very keen, as I am, to ma ximise local participation. Tracy Davis MP Member for Aspley Shadow Minister for Education
19 December 2016
The Hon Peter Wellington MP Speaker of the Legislative Assembly Parliament House Alice Street BRISBANE QLD 4000
Dear Mr Speaker
I write to draw to your attention a matter of privilege relating to a possible Contempt of the Legislative Assembly.
Please find attached to this correspondence submissions and various other documents in relation to this matter.
I ask that Hon Kate Jones MP be referred to the Ethics Committee for further investigation in relation to her statement to the house on 30 November 2016.
Should you have any queries, I am happy to meet at your convenience to discuss this matter further.
Yours sincerely ~£> Member for Aspley Shadow Minister for Education Enc.
P: 07 3554 7100 I F: 07 3554 7109 I E: [email protected] I W: www.tracydavis.com.au I PA: PO Box 857, Aspley, 4034 SUBMISSIONS IN RELATION TO A MATTER OF PRIVILEGE RELATING TO A DELIBERATE MISLEADING OF TH E HOUSE BY THE HON KATE JONES MP ON 30 NOVEMBER 2016
BACKGROUND
1. This matter relates to a statement by the Member for Ashgrove and Minister for Education and Minister for Tourism and Major Events, Hon Kate Jones MP ("the Member") in relation to the release of documents relevant to an audit ("the Report") by the Department of Education, Queensland ("the Department") of Good to Great Schools Australia to the Australian Broadcasting Corporation ("the ABC"). 2. The nub of this complaint relates to the Member's statement that the audit documents were released to the ABC under the Right to Information Act 2009 ("the RTI Act") whereas evidence from a departmental spokeswoman indicates the Report was "informally released" which proved the Member's statement to be misleading. Evidence appears to suggest that this statement was made deliberately to mislead the Assembly.
THE FACTS
3. On 11 November 2016 the ABC broadcast a report titled "Pearson's Good to Great Schools linked to 'high risk' business practices, audit finds" on its 7 .30 Report program. From the transcript available on the ABC website:
But a confidential audit of the Cape York Academy suggests otherwise.
JAMES THOMAS: The Queensland Education report obtained by 7:30 found Good to Great Schools "were providing direction for day-to-day operational activities, including budget management and decision making. "
The report says that senior school staff were "unclear" on their "roles" and "reporting relationships" because of the "absence of an up-to-date formal agreement" between the Education Department, Cape York Academy and Good to Great Schools.
Overall, the audit identified "a significant number of high risks" which posed an increase in the possibility of fraud and official misconduct. It particularly highlighted payments of more than $200,000 to Good to Great which could not be adequately substantiated or explained.
MICHAEL ANDREW: And the matters that I refer to, frankly, in this internal audit report, as I say, go to issues with Education Queensland, not Good to Great Schools.
JAMES THOMAS: Michael Andrew is a board member at Good to Great Schools Australia and in charge of ensuring good governance.
2 MICHAEL ANDREW: They have quite rightly identified some weakness in internal controls. The consequence of those, if they're not corrected, might lead to those particular issues. They are not saying that any of those matters have occurred. And rather, that is relatively common terminology in what I'd call an unsatisfactory internal audit report.
KA TE JONES: What we've seen in the internal audits is concerns around the paperwork and the systems that are being used in regards to the expenditure of taxpayers' dollars.
[A copy of the 7 .30 Report transcript is attached to this correspondence.]
4. On 30 November 2016 the Member said in the house: "My understanding is that the audits were undertaken by the department of education and that they were released to the ABC under the right to information legislation ." (Hereinafter, "the Statement") [Hansard , page 4696.] 5. On 15 December 2016 The Australian newspaper reported that Mr Pearson and Good to Great Schools Australia were not consulted about the release of the Report as would be required if the Report was released under the RTI Act. Excerpts of the report follow: "Weeks after an right to information application was lodged by the ABC, documents were "informally released" on October 27"
"While admitting the ABC had successfully sought the internal departmental reports, a department spokeswoman refused to confirm that Dr Watterston's letter was also released to the ABC. "She confirmed that internal audit reports were released to the ABC 1nformally'. "'A right to information application was received seeking access to internal reports,' she said. "The informal release allowed the department to circumvent alerting Mr Pearson and his associated organisations, as is dictated by legislation. " [A copy of the report in The Australian is attached to this correspondence.] 6. On 28 November 2016 the ABC reported that a significant breakdown in the relationship between the Department and Good to Great Schools Australia and Mr Pearson. Copies of the report and documents referred to in the report are attached to this correspondence. 7. The Department's Disclosure Log required under the RTI Act does not show the Report being released under the RTI Act as would be required. A copy of the Disclosure Log is attached to this correspondence.
3 RELEVANT CONSIDERATIONS 8. Section 37 of the Parliament of Queensland Act 2001 defines the meaning of "Contempt" of the Assembly as:
37 Meaning of contempt of the Assembly ( 1) Contempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees.
9. Standing Order 266 provides examples of Contempt to include, inter alia:
(2) deliberately misleading the House or a committee (by way of submission, statement, evidence or petition);
10. In order for the allegation of a deliberate misleading of the House to be made out, three elements must be proven: a. the statement must, in fact, have been misleading; b. it must be established that the member making the statement knew at the time the statement was made that it was incorrect; and c. in making it, the member must have intended to mislead the House. 11 . In determining whether each element is met, the standard of proof to be met is 'on the balance of probabilities.'
APPLICATION 12. I will deal with each element in turn.
THE FIRST ELEMENT - WAS THE MEMBER'S STATEMENT ACTUALLY MISLEADING? 13. There is no question that the Report has been released by the Department. The issue of contention is how the Report was released . 14. The Report was not released under the RTI Act as evidenced by the reported comments by a spokeswoman of the Department and the Department's Disclosure Log. 15. Moreover, the reported failure of the Department to consult Good to Great Schools Australia in relation to the release of the Report appears, prima facie, to confirm that the processes required under the RTI Act were not even commenced. 16. I submit that it is reasonable to conclude on the balance of probabilities that the Report was not released under the RTI Act. 17. Given the above conclusion, it would appear that the Member's statement to the house on 30 November was in fact wrong and misleading.
4 THE SECOND ELEMENT - WAS THE MEMBER AWARE AT THE TIME OF MAKING THE STATEMENT THAT IT WAS INCORRECT? 18. There are three relevant facts to prove that the Member was aware at the time of making the Statement that it was incorrect: a. The Member was aware that the audit documents had been released to the ABC as she gave an interview to the ABC for the 7 .30 Report program . b. It was reported following the 7.30 Report program that Mr Pearson was of the view that the Director-General of the Department had provided the audit documents to the ABC. c. Owing to the effluxion of time between the reported release of the Report on 27 October, and the Member's statement to the house on 30 November; coupled with the fact in (b) above, it is reasonable to infer that the Member would have, or ought to have, sought clarification about the source of the Report being provided to the ABC. 19. Of secondary consideration even if direct knowledge cannot be established it is my contention that the Member was negligent in making the Statement without properly considering the source of the ABC receiving the Report and directly seeking clarification from her departmental officials prior to making any statement in the house in relation to the matter. 20. As a tertiary consideration on this point, the Member has not clarified her Statement in the house to the best of my knowledge. 21 . On the balance of probabilities it is reasonable to conclude that the Member was aware at the time of making the Statement to the house that the Report was not released under the RTI Act. 22. I respectfully submit that the second element of the test is met.
THE THIRD ELEMENT - DID THE MEMBER INTEND TO MISLEAD THE HOUSE? 23. As the final element requires evidence of an intention, which is a state of mind, it is for the Ethics Committee to be provided with evidence by the Member as to her actual state of mind. 24. However I submit there are three issues that provide grounds for the Ethics Committee to reasonably arrive at the conclusion that the Member intended to mislead the house by having regard to the facts and circumstances under which the Statement was made: a. A suggestion arises in 15 December 2016 report in The Australian that the release of the Report outside the auspices of the RTI Act was done for the purposes of avoiding the legislative requirement to consult Good to Great Schools Australia about the decision to release the audit documents. Such a decision could have negative repercussions for the Department and the Member if a perception were to arise that the Department had ignored the legislative requirement for consultation before the release of sensitive material.
5 b. Further to the point above, given the significant media interest in the Good to Great Schools Australia involvement in schooling on Cape York, the possibility that maladministration may have occurred within the Member's Department might reasonably be considered to lead the Member to wish to avoid any further scrutiny in relation to her Department. c. Evidence outlined in paragraph 6 demonstrates a significant breakdown in the relationship between Mr Pearson and Good to Great Schools Australia and the Department. The Member may have been hesitant to correct her previous comments that the Report was released under the RTI Act for fear of further exacerbating the breakdown. 25. It is entirely open to the Ethics Committee to infer from the circumstances of the Member's statement that the Member know the Statement was misleading and therefore, reasonable grounds exist to find that the Member did intend to mislead the house.
CONCLUSION 26. In order for a Contempt of the Assembly to arise for deliberately misleading the House, three elements must be satisfied on the balance of probabilities. One element, a subjective intention to mislead, can only be satisfied by evidence provided directly by the Member to the Ethics Committee however overwhelming evidence of the circumstances in which the Statement was made provides for the Ethics Committee to reasonably infer an intention to mislead. 27. I respectfully submit that this matter warrants the further attention of the house by referral to the Ethics Committee for further investigation.
6 APPENDIX 1 DOCUMENTS A TIACHED : 1. Hansard, page 4696. 2. Geoff Chambers, Release of audit angers Pearson, The Australian. 15 December 2016. 3. James Thomas, (Transcript) Pearson's Good to Great Schools linked to 'high risk' business practices, audit finds , ABC. 11 November 2016. 4. James Thomas, 'Bucket of s***!': Noel Pearson abuse claims 'straining' relationship with Queensland Government. ABC online article. 28 November 2016. 5. Letter from Director-General, Department of Education and Training to Mr Noel Pearson, co-chair, Good to Great Schools. 23 June 2016 (Originally attached to document 3) 6. Letter from Noel Pearson to Director-General, Department of Education and Training. 24 June 2016. (Originally attached to document 3) 7. Copy of the Department's Disclosure Log, accessed 16 December 2016.
7 4696 Questions Without Notice 30 Nov 2016
Cape York Aboriginal Australian Academy, Audit Reports Mr GORDON: My question is to the Minister for Education and Minister for Tourism and Major Events. In reference to the confidential internal audit reports relating to the Cape York Academy and/or the Cape York Aboriginal Australian Academy, is it the education department or Good to Great Schools Australia which has the responsibility for these confidential internal audit reports? Can the minister confirm if either the minister and/or the Director-General of Education has provided any related documents including the internal audit reports, associated documents and correspondence to the Australian Broadcasting Corporation or any other media outlet? Ms JONES: I thank the honourable member for his question. I am happy to sit down with him and discuss the multiple questions that were in the question from the member for Cook, but I can say this: all decisions that I make as the Minister for Education are about ensuring that we deliver the best possible education for every single child no matter where they live in this state, and that includes the children of Aurukun. That is why in the last few months we have run a very detailed selection process to put a permanent principal-one of the highest qualified principals in Queensland-into that school. I want to acknowledge and thank the principal who will be starting there next year for his enthusiasm about this job, because we know there are great things happening in the Aurukun school. I can assure the member for Cook that all of my dealings in relation to Aurukun and Good to Great Schools have been in good faith and focused on putting children and children's learning first. I will not be distracted by name-calling or by people making comments and releasing private documents publicly. My focus, as I am sure every single member of this House would want of me, is on the good quality outcomes of learning in that school. That is exactly what I will do day in and day out. Mr SEENEY: Mr Speaker, I rise to a point of order on relevance. The question from the member for Cook was fairly simple. It asked who was responsible for the audits and whether the department has provided the audits to the ABC. The minister has not gone near either of those elements of the question, and I think that in the interests of providing a reasonable answer to the member for Cook she should answer the question. Mr SPEAKER: The minister indicated that she was going to take the matter up with the member for Cook. Opposition members interjected. Mr SPEAKER: Order! Members, let me finish. Resume your seat, member for Callide; I have not finished. It appeared to me that there were a number of questions in the answer. There was not just one question; there was a series of questions. Does the minister have anything further to add? Ms JONES: Yes, Mr Speaker. My understanding is that the audits were undertaken by the department of education and that they were released to the ABC under the right to information legislation.
Townsville, Stadium Mr HARPER: My question is to the Minister for State Development. Can the minister update the House on the progress of the $250 million North Queensland stadium in Townsville? Dr LYNHAM: I thank the member for Thuringowa for his obvious interest in the North Queensland stadium. The member for Thuringowa, the member for Townsville and the Minister Assisting the Premier on North Queensland all have a particular interest in how the North Queensland stadium is developing, and I have good news. We are aiming to award three contracts for the $250 million North Queensland stadium by the end of this year. With the stadium project expected to create 750 jobs during construction and kickstart the local economy, this will be a welcome start to the holiday season for all those in North Queensland. The quantity surveyor and the audit programmer tenders close next Friday, 9 December and the contracts are due to be awarded by Christmas. The expression of interest process resulted in 10 companies being short-listed and eight of those are from North Queensland. A key Palaszczuk government objective is to engage as much industry and local content as we can in North Queensland to generate jobs in the local economy. I was in Townsville recently, and I was impressed by the passion and commitment that the people of Townsville expressed about this project. They are all very keen, as I am , to maximise local participation. 15 Dec 2016 The Australian, Australia Author: Geoff Chambers• Section: General News• Article type : News Item Classification : National• Audience : 97.419 •Page: 8 •Printed Size: 276.00cm2 Market: National • Country: Australia• ASR: AUD 5,578 •Words: 619 Item ID: 700632181
• isentia.mediaportal Licensed by Copyright Agency. You may only copy 01 commurncate this work with a licence. Page 1of2 A back Release of audit angers Pearson EXCLUSIVE Thomas sat down lo interview criticised the ABC's coverage of Ms Jones about a "confidential" indigenous affairs, said the de GI O l·r UIA\1BE l ~ S audit of the Cape York Academy. partment's release of the audit Q UEENSLAND BUREAU CHIEF From that report, Mr Thomas report was "unlawful; improper selected excerpts which he and an abuse ofprocess" . Cape York leader Noel Pearson claimed showed financial mis "The 2015 Cape York Acad has lodged a complaint with the management involving GGSA. emy Audit Report was released to Queensland Crime and Corrup The Australian had earlier the ABC at a time when the tion Commission and the reported it wasn't GGSA that had Queensland Audit Office was Ombudsman's office after state caused financial issues but rather undertaking a review and audit of Education Minister Kate Jones' poor bookkeeping by Queens Cape York Academy at Aurukun department "informally released" land bureaucrats. ... and thus the release of the 2015 to the ABC sensitive documents In his official complaint Cape York Academy Audit relating to Good to Great Schools against the department and direc Report did or had the potential to Australia. tor-general Jim Watterston, sent prejudice that investigation," he Internal reports undertaken late yesterday, Mr Pearson high said. by the department on the opera lighted that the 2015 Cape York "As a result of the ABC's publi tion of the Aurukun school at Academy Audit report was a cation based on release of the Cape York were released outside "confidential report" prepared by 2015 Cape York Academy Audit the state's Right To Information the department's internal audit Report, GGSA suffered repu Act. branch. tation damage." The informal release of docu Mr Pearson said under section Weeks after its initial report on ments contradicts a statement by 37 of the Right to Information GGSA, the ABC aired accusa Ms Jones to the Queensland par Act, GGSA should have been tions of intimidation made liament that the audits under considered a "third party" need against Mr Pearson, quoting a taken by the department were ing to be consulted, with referen June letter sent by Dr Watterston. "released to the ABC under the ces made in the report to While admitting the ABC had right to information legislation". commercial arrangements, stu successfully sought the internal Under the legislation, a con dent management, and human departmental reports, a depart cerned third party is supposed to resource management. ment spokeswoman refused to be alerted when sensitive docu "The consultation process in confirm that Dr Watterston's let ments are released, but in this ter was also released to the ABC. case Mr Pearson and GGSA were section 37 is mandatory and She confirmed that internal audit not informed. designed to protect the interests reports were released to the ABC Weeks after an right to infor of third parties (such as GGSA) "informally". mation application was lodged by who may be affected by the re "A right to information appli the ABC, documents were "infor lease of a document of an cation was received seeking ac mally released" on October 27, agency." cess to internal reports," she said. the same day ABC reporter James Mr Pearson, who has strongly 15 Dec 2016 The Australian, Australia Author: Geoff Chambers • Section: General News • Article type : News Item Classification: National • Audience : 97,419 •Page: 8 • Printed Size: 276.00cm• Market: National• Country: Australia • ASR: AUD 5,578 • Words: 619 Item ID: 700632181
~ i sentia . mediaportal Licensed by Copy11ght Agency. You may only copy or communicate this work with a licence. Page 2 of 2 A back
The informal release allowed the department to circumvent alerting Mr Pearson and his asso ciated organisations,as is dictated by legislation. Cook MP Billy Gordon, who represents the vast cape including Aurukun, has grilled Ms Jones in parliament over her role in the release of information regarding Cape York Academy. "I still have concerns that the minister and or her public ser vants have not followed due pro cess at all," Mr Gordon said. 'This has all the hallmarks of a leak designed to damage the work of Cape York Academy with little regard for the education oppor tunities for the children of Aurukun." A spokesman for Ms Jones said she stood by her comments to Queensland parliament when she said documents were released according to legislation. 12/1512016 Pearson's Good to Great Schools linked to 'high risk' business practices, audit finds - 11/1112016
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Australian Broadcasting Corporation Broadcast: 11/11/2016 Reporter: James Thomas
Noel Pearson's Good to Great Schools Australia organisation has been involved in 'high risk' business practices potentially leaving the schools open to possible fraud and official misconduct, according to a confidential government audit.
Transcript HAYDEN COOPER, PRESENTER: A multi-million-dollar Indigenous education program, spearheaded by Noel Pearson, is tonight mired in controversy.
The Indigenous leader has pulled out of a partnership with the Queensland Government to run the school in the troubled Cape York community of Aurukun.
At the same time, new questions are being raised about the wider business practices at the Cape York Academy, as James Thomas reports.
TEACHER 1: How do we say the word? Ready:
STUDE NTS : You!
TEACHER 1: Yes, "You." Can you say.. .
STUDENTS (calling out): Twenty-seven divided by 19 ...
TEACHER 1: So the next number you are writing is 856,000 ...
http://www.abc.net.auf7 .3CVcontent/2016/s4573797 .him 1/5 1211512016 Pearson's Good to Great Schools linked to 'high risk' business practices, audit finds - 11/1112016 NOEL PEARSON, CO-CHAIR, GOOD TO GREAT SCHOOLS AUSTRALIA: I share a vision for the future of our people. I just have this very deep conviction that education must be at the centre of that vision.
(Footage of Noel Pearson at school hall)
NOEL PEARSON (to students): How's it going?
JAMES THOMAS, REPORTER: Noel Pearson's decision to pull out of the Aurukun School was a dramatic move for someone who has championed his educational cause with such passion and power.
NOEL PEARSON: Give me any teacher. And if we arm them to do good teaching, we get good results. Get the teacher in right and the teacher will lift.
JAMES THOMAS: Over the past six years governments have poured tens of millions of dollars into Good to Great Schools Australia, the national organisation Noel Pearson set up to deliver an American-designed teaching method called Direct Instruction.
TEACHER 1 : Get ready:
STUDENTS (reading word): Slide'
TEACHER 2: What's nine times four? Get ready :
STUDENTS: Thirty-six!
TEACHER 2: Thirty-six. Problem end.
JAMES THOMAS : This is Direct Instruction. Teachers follow tightly-scripted lessons, designed to lift literacy and numeracy.
TEACHER 3 : Start with "if." Get ready:
STUDENTS (reading): If you stay away...
TONY ABBOTT, FORMER PRIME MINISTER: I have seen with my own eyes a remarkable transformation in what happened in those classrooms.
TEACHER 2: Get ready...
TONY ABBOTT: First of all: there were more kids coming to school. Second and more important: the kids that were in school actually seemed to be learning.
JAMES THOMAS: But now, with Noel Pearson's dramatic withdrawal from one of those schools, serious questions are being raised about the operations of the Direct Instruction experiment.
KATE JONES, QLD EDUCATION MINISTER: What I want to get to the bottom of is : where our funding has gone and what has been delivered for that money. If there are any irregularities that are improper, then that is exactly what the Audit Office is investigating right now.
JAMES THOMAS: The trouble for the education revolution set in motion by Noel Pearson intensified six months ago in the remote community of Aurukun.
The school is an oasis. It is an absolute beacon in that community.
(Smart phone footage of a fight in a street of Aurukun between two children. Other children are gathered around, cheering them on)
JAMES THOMAS : Violence has long been a problem in this disadvantaged town.
http://www.abc.net.auf7.30lcontent/2016/s4573797.htm 215 1211512016 Pearson's Good to Great Schools linked to 'high risk' business practices, audit finds - 11/11/2016
PRESENTER (TV news, archive): ... after a school principal was attacked at Aurukun.
JAMES THOMAS: In May, the school itself was targeted and teachers forced to flee. It put the spotlight on Noel Pearson's education agenda, with the Queensland Government launching an investigation.
KATE JONES: The school review team that had a forensic look at how the school in Aurukun was being run found that there were some financial irregularities.
JOHN BRAY, FORMER EXEC. PRINCIPAL, CAPE YORK ACADEMY: When I first arrived, I was certainly excited: the fact I'd be working with - look, I had read a lot of Noel's work.
JAMES THOMAS : Early last year, John Bray was the newly appointed executive principal overseeing the Aurukun school and another two remote campuses at Hope Vale and Coen. The three schools make up the Cape York Academy - and the Cape York Academy is unlike any other state school.
It's run through a partnership agreement between the Queensland Education Department and Noel Pearson's Good to Great Schools Australia.
NOEL PEARSON : The department employs the teachers and runs the schools and administers the budget. And we take care of the curricu lum and the pedagogy.
JAMES THOMAS: But John Bray says that's not how it played out on the ground - and that made him very uncomfortable.
JOHN BRAY: I was compromised. I was morally compromised in the way I was asked to do my job.
JAMES THOMAS: He became anxious about Good to Great's interference in the school's finances.
JOHN BRAY: Look, I went home at night feeling very uneasy about some of the transactions that were occurring, which I knew at the time did not sit right with me.
JAMES THOMAS: Those transactions included bills to bring over American experts on the Direct Instruction teaching method.
JOHN BRAY: When you've got flights from Oregon up to eight times a year for two people with flights and accommodation, that's a lot of money.
Some of those transactions: I thought, "Why are we paying for this? Why is it coming out of our Cape York Academy account, when really it should be going towards our kids?"
MICHAEL ANDREW, GOOD TO GREAT SCHOOLS AUSTRALIA: We would never, ever be in a situation where we would basically override the decision of the principals. They themselves have full autonomy to run their schools. And if they don't want to use our project or they want to adapt our project in a different way, that becomes their decision.
But a confidential audit of the Cape York Academy suggests otherwise.
JAMES THOMAS : The Queensland Education report obtained by 7 :30 found Good to Great Schools "were providing direction for day-to-day operational activities, including budget management and decision making."
The report says that senior school staff were "unclear" on their "roles" and "reporting relationships" because of the "absence of an up-to-date formal agreement" between the Education Department, Cape York Academy and Good to Great Schools.
Overall, the audit identified "a significant number of high risks" which posed an increase in the possibility of fraud and official misconduct. It particularly highlighted payments of more than $200,000 to Good to Great which could not be adequately substantiated or explained.
http://www.abc.net.alfl.30lcontent/2016/s4573797.htm 315 1211512016 Pearson's Good to Great Schools liri JAMES THOMAS: Michael Andrew is a board member at Good to Great Schools Australia and in charge of ensuring good governance. MICHAEL ANDREW: They have quite rightly identified some weakness in internal controls. The consequence of those, if they're not corrected, might lead to those particular issues. They are not saying that any of those matters have occurred. And rather, that is relatively common terminology in what I 'd call an unsatisfactory internal audit report. KATE JONES: What we've seen in the internal audits is concerns around the paperwork and the systems that are being used in regards to the expenditure of taxpayers' dollars. JAMES THOMAS : Noel Pearson insists that Good to Great Schools Australia has no role in the financial management of the Cape York schools; and that that's the job of the Queensland Education Department. (To Michael Andrew) Do you accept the current agreement lacks clarity? MICHAEL ANDREW: Yes, I do. And I think it's historical that basically started off as a loose arrangement; and I think the current arrangements do require formalisation . JAMES THOMAS : This building in Cairns is home to Good to Great Schools Australia. This year the organisation is managing a $12 million budget. To see what that money delivers to remote classrooms, we head north to the Cape York Academy's Coen campus. The Queensland Education Department did give us permission to film inside the Coen campus, but that access was suddenly revoked following an intervention by Noel Pearson. TONY ABBOTT (laughs): Um ... Look, I know Noel well. I have enormous admiration for him. Is Noel a perfect human being? Well, none of us are perfect, but I think that Noel Pearson has been a prophet - P-R-0-P-H-E-T: a prophet for our times. JAMES THOMAS: Right from the start, Noel Pearson was at the centre of a fierce battle of ideas. TONY ABBOTT: Don't underestimate the number of ideological people who are out to get Noel. Don't underestimate the kind of the modern representatives of the sort of 60s, 70s mindset who deeply dislike what Noel has done. JAMES THOMAS: Last week there was a hint of what was to come, with Noel Pearson condemning the Queensland Government for conducting what he sees as a hatchet job against his educational vision for remote Australia. NOEL PEARSON : The actions of the Queensland Government have destroyed five years of work. And, you know, the great tragedy - and they're not even aware of it. They know not what they have done. PHYLLIS YUNKAPORTA, AURUKUN ELDER AND TEACHER'S AIDE : My heart is torn at what has happened. I see my little children. They have been deprived of their education. JAMES THOMAS : Few could dispute the best interests of the children lie at the heart of Noel Pearson's crusade. The challenge he faces is to see that his dream survives. James Thomas with that report, produced by Lesley Robinson. And we should add that Noel Pearson declined to be interviewed on camera for the story. td.tp:/lwww .abc.net.au/7.30lconteri/20 161s4573797.htm 415 12/15'2016 Pearson's Good to Great Schools lili(ed to 'ngh risk' business practices, al.di finds - 11/11/2016 Changes to ABC transcription .. ~ Catch Up TV Connect on facebook Connect on t:wltter.» .» @leighsales Contact Us If you have inside knowledge of a topic in the news, contact 7 .30. Images © 2016 ABC 11tp:/lwww.abc.net.au/7.:n'content/2016/s4573797.tml &5 NEWS 'Bucket of s***': Noel Pearson abuse claims 'straining' relationship with Queensland Government By the National Reporting Team's James Thomas Updated Mon 28 Nov 2016, 9:51am Aboriginal leader Noel Pearson is regarded as one of Australia's most eloquent public speakers. His eulogy at Gough Whitlam's funeral: oratorical brilliance. Away from the pulpit, his words can take a nasty turn. "Arse coverer", "maggot" and "bucket of shit" were some of the bullying words used by Noel Pearson to abuse senior staff at Education Queensland, according to a letter obtained by the ABC. The June letter is written by the director general of Education Queensland, Dr Jim Watterston, and addressed to the founder and co-chair of Good to Great Schools Australia, Noel Pearson. PHOTO: The head of the Queensland education department cautioned Mr Pearson over his behaviour. (AAP: Brian Cassey) "Dear Noel ... when we met on 25 May 2016, I felt there were several times you behaved in an intimidating manner and made inappropriate RELATED STORY: Noel Pearson's Good to Great Schools linked to 'high risk' business practices: secret comments [I clearly recall pejoratives such as 'arse coverer', 'maggot', and audit 'bucket of shit', to name a few]," Dr Watterston wrote. RELATED STORY: Pearson's Aurukun program part of "Where I draw the line, however, is when similarly intimidating and abusive problem, educator Chris Sarra says behaviour is directed towards my staff'. MAP: Aurukun 4871 The ABC understands Mr Pearson's comments were an expression of his displeasure with Education Queensland's handling of the Cape York Key points: Academy's Aurukun school. • The revelations suggest the The Aurukun school briefly closed after violent threats towards staff earlier relationship between Noel Pearson and Education Queensland is fraught this year. • It comes after an ABC investigation raised concerns of a culture of The education department runs the school in partnership with Good to intimidation in Good to Great Schools Great Schools Australia. • Minister confirms Mr Pearson once called her a 'f***ing white c***' The organisation has received $37 million in taxpayer funds since 2010 to • Mr Pearson's spokeswoman denies help lift education standards for disadvantaged communities through the he made the abusive remark delivery of an American teaching method, Direct Instruction. Do you know more about this story? Email [email protected] In the letter, Dr Watterston cautioned Mr Pearson. "The behaviour displayed towards me and my staff is not conducive to a respectful and cooperative relationship, and cannot continue," he wrote. In response, Mr Pearson apologised to Dr Watterston. "I am very conscious that at times that weariness makes me fractious, but I am nothing if not honest, blunt and tenacious about our cause," he wrote. "You are an educator, and I am a philosopher and social reformer." 'I went home at night feeling very uneasy' The letter's revelations come after an ABC investigation reported poor business practices at Good to Great had left government funds vulnerable to fraud and official misconduct. "I went home at night feeling very uneasy about some of the transactions which were occurring, which did not sit right with me," said former executive principal of the Cape York Academy, John Bray. Mr Bray told the ABC he felt pressured by Good to Great staff to make inappropriate payments from the school's bank account. "There was expenditure occurring on particular things such as flights, accommodation for particular support services which I thought were not reasonable," he said. "Ultimately, I think the kids did miss out." PHOTO: Good to Great recently withdrew its support for the Aurukun campus of the Cape York Academy. (ABC News: Louisa Rebgetz) Good to Great rejects bullying claims Head of governance at Good to Great, Michael Andrew, denied Mr Bray's allegations. "We would never be in a position where we would override the decision of the principals," he said. Noel Pearson's spokeswoman Kerie Hull added to the denials saying "there have never been any findings of bullying, unfair dismissal or WorkSafe matters" at Good to Great. However, the ABC has obtained several internal letters of complaint addressed to Good to Great's board members. The letters raise serious concerns of bullying, harassment and intimidation within the organisation. In one internal complaint a former employee described the culture at Good 00:00 00:00 to Great as "toxic". AUDIO: Listen to James Thomas' story on AM (AM) The ABC has also confirmed two recruitment agencies in Cairns refused to supply job applicants to Good to Great because of concerns over bullying and abusive behaviour at the organisation. In response, Good to Great's Michael Andrew said "I suspect this may be about competitive envy. Because we actually do quite constructive work with agencies regularly in Cairns". 'He yelled at me and said I was a f ***ing maggot' Several former employees have spoken with the ABC but said they currently felt too intimidated to be named. "Noel has considerable political power. People are timid in responding to him," said Ian Mackie, the former Queensland assistant director general of Indigenous education. He said criticising Mr Pearson's educational reform agenda, which he does regularly, could have explosive consequences. "I went to say hello in the Qantas club in Cairns. He yelled at me and said I was a f***ing maggot." "My response was 'I didn't know you felt that bad about it Noel, this is not personal. This is about policy and kids.'" Noel Pearson's spokeswoman Kerie Hull told the ABC that Mr Pearson PHOTO: Noel Pearson during a visit to Aurukun "admits to calling Ian Mackie a maggot". earlier this year. (ABC News: Louisa Rebgetz) Mr Pearson's wrath is not confined to bureaucrats. "He swung around, he stood up and he started swearing at me," said Barbara Shephard, who has been the local nurse of Cape York's remote town of Coen for 48 years. In 2009 she campaigned against Noel Pearson's move to have the American teaching method, Direct Instruction, taught in the Coen school. Mr Pearson's reaction to her opposition was menacing. "He said I was a f***ing white c*** and an interfering bitch," Ms Shephard said. "I personally have no respect for him whatsoever. I feel he is a bully. He's a foul-mouthed bully." Noel Pearson denies speaking to Barbara Shephard disparagingly. But evidence is mounting to suggest the Indigenous leader has a habit of excoriating opponents. Minister confirms she was also called 'f***ing white c***' PHOTO: Kate Jones has never spoken publicly about the exchange with Noel Pearson. (AAP) Queensland Education Minister Kate Jones has broken a long silence to confirm a story, first reported four years ago, that Noel Pearson racially abused her with the phrase "f***ing white c***". In a text message, the Minister's adviser told the ABC that Ms Jones "has never spoken about this ever before to anyone". The incident occurred in 2009 when Kate Jones was Queensland's environment minister. She and Stephen Robertson, who was Queensland's resources minister the time, led a delegation to Cairns to discuss "Wild Rivers" legislation with Mr Pearson. "Pearson was dead against it," according to Mr Robertson. He told the ABC that was the catalyst for Mr Pearson's tirade of abuse. Mr Pearson's spokeswoman Kerie Hull said "Noel Pearson emphatically denies calling the Education Minister (at any time) a disparaging name and .'.'o.t I P, that he has a mutually respectful relationship with Kate Jones". Kate has never spoken about this ever before to anyone. You were the But the head of Queensland's Education Department, Dr Jim Watterston, first journalist to ask directly told the ABC the relationship between Mr Pearson and the department was "certainly strained". The Minister's revelations may break it. Pearson defends behaviour as 'colourful language' Speaking on AM this morning, Mr Pearson addressed the allegations of abusive behaviour. "I accept that I am a very passionate and relentless advocate on behalf of reform and I am surely not the only one who engages in colourful language," Mr Pearson said. "But I completely, completely reject the suggestion that I directed any of those words at Minister Kate Jones in 2009." He also rejected claims of poor business practices at Good to Great 0000 00:00 Schools and suggestions of bullying. AUDIO: Noel Pearson responds to allegations of bullying (AM) "In terms of governance and administration, you could not find a much more committed organisation than ours," Mr Pearson said. "In relation to bullying, I wouldn't say that we have a bullying culture at all, what we do have and I'm completely unapologetic about, is we have a hard-work culture. "You come across the occasional employee who tries to conflate a hard-work culture with a bullying culture, but none of those claims have ever been made out." To print the document, click the "Original Document" link to open the original PDF. At this time it is not possible to print the document with annotations. To print the document, click the "Original Document" link to open the original PDF. At this time it is not possible to print the document with annotations. Topics: indigenous-aboriginal-and-torres-strait-islander, community-and-society, indigenous-policy, government-and-politics, education, aurukun-4871, qld, australia First posted Mon 28 Nov 2016, 4:50am Contact James Thomas .. Z 3 JUN 1(16 Edt..lat1on anri l ..1 1;1111g Mr Noel Pearson Co-Chair Good to Great Schools PO Box i58l CAIRNS OLD 4870 I \ Dear Noel It 1s with so,.1e d1:>appo1-trne11I t·~al I 'eel tt·e need to se·'d t~1s r•1cssagc artcr .,..,e "ci 'Tlvlual interest 1n ach1ev•ng P1e best poss1b e ec;..cat1ona outcoMes tor chl<1"e1' 1r AurJK;..n After we r 1et 1n May 20 16 I advisee you 1n wnt1ng that I had arranged for 1-- e Schoo1 lrnprovernent Unit to undertake a review or the AuuKU'1 campus Staff from the School Improvement Unit have undertaken s1grrf1cant research anc consultation to produce a repo'1 that has dent1fiec good· practrce anli oppo1un1t1es for improved outcomes at A11r:Jkun and have I" good fa il ... sougt"lt to ergage you and your tea'l" as part of this review When we met O"I 25 tvlay 20 • 6 ' !elt t· err~ were several :1mes w ~ 1 en yoi... bet1aveo n an 1nt1'Tl1dat1:lg manner ar d 111a nc rna~prop r ale comrie1·:s f r.1ecirly reca .' peJc;rat1vcs Sdr.r ;is arse coverer 'n'aggot and bucko! of shit io nare a few" "Nhe•e I d'a" ttic I "'P. howcve· 1s "ken ~1rn arly int rn!atrng and abusiw~ :.if:H'a -11ov is d •ccted :m.. arc::; ... 1 ~'. 'v'ltien we met I advisee yot. that I rer"1a r co"1rl'rtted to wor1< •ng 1n pa•tncrsn10 w1H Caoe York Partnerships :)ecat..se I believe that thro.Jg'' colla;)cration ;1e a'c :·1osl l·k.9ly to a:h1eve a better future for 1rd1genous children 11 ' tt'e Caoe HcNev8r the be"1av O·,ir yot. have c splayed towarcs me ar'C n'y staff s not concuc·ve lo a r9"'per •'u anc ccooerahe relationship and c;:innot r:oni1nue I look for.vard to 'l'1orc mutual1y resoectrul d1sc;..ss1ons as we ~01ic for.Narc Of' :hrs ir-1oorz--t .ssue Yours sincerely / .... ;M~J:;yz__ ~-~~JIM WATTERSTON Director-General ~u,• ~· l t Sr1l·t10.1• ~ I H.;t• t r .... ""· Clld A• •!• i 1,. .Jfi70 CAPE YORK PARTNERSHIP I' ~· W 1• .'.cLt. I ~ L• ·I L "•1 I: otf \L ".J <11 • ( ~prytlt~p 11 \1\t'l .h·p Ol(j , Ill 24 June 2016 Dr Jim Watterston Director-General Department of Education & Training GPO Box 15033 Brisbane QLD 4001 By email: Dear Jim I write in response to your letter of yesterday's date. As per our exchange this morning, I apologise. I too believed that we had established a collaborative, albeit it at times robust relationship, built on our mutual passion for Indigenous education. I am completely committed to ensuring that we have such a relationship today and in the future. We are colleagues in a mutual endeavour. We all have ou r strengths and weaknesses. I reflect on mine daily, but I have dedicated my life to this work when there are many other things I could have gone and done. I have never regretted this decision, although I am exhilarated and deeply wearied by it in equal measure. I am very conscious that at times that weariness makes me fractious, but I am nothing if not honest, blunt and tenacious about our cause. You are an educator, and I am a philosopher and social reformer. Despite your therefore superior status in this debate, it causes me great strain when a community like Aurukun is being torn apart by social strife and law and order challenges, yet one of the apexes of the debate is the merits of the pedagogy in the local school. What an extraordinary and dangerous inversion of the real issues. I have no doubt that you feel this frustration as profoundly as me. Although it is no excuse, perhaps I succumb to this frustration more readily because I feel the weight of the fate of my people so heavily. As for my invective, I am sure you will recall that a large portion of it was directed at another individual about whom we share a mutual dissatisfaction. In relation to my meeting with Liam Smith, I do however have a different recollection. We certainly had a robust debate, and I was conscious that as a teacher he took umbrage at my view that in education generally there has been between a 20 to 30% failure to achieve the required standard of JO.< ~ l u ~flt:rlu ,11 • bl•ed Ca11 I !. Old P. u~l"J 'H.1 4870 CAPE YORK PARTNERSHIP P ':.i· lll.J~l7~0tJ I F vl -Hi·l! ;.:..'41 E I if\"U'r '•'tJ C ' ~l JU • literacy and numeracy, and that this 20-30% represents an underclass of students from poor and disadvantaged backgrounds that teachers are failing. I respect Liam's experience and expertise as an educator and reviewer and I meant neither him nor his profession (who I hold in regard beyond all others) any disrespect. Beyond that debate, however, there was nothing pejorative. Despite the above, as you know, I have some real concerns about the Review. When any process is under this much pressure it will require very steady hands from all concerned for it to be the exceptional instrument this crisis requires. I remain as steadfastly committed to this task as you. Warm regards o I I / /,,r, :' .· ,' .:.: •1 '/~ .i)- ~ ·-- •'l1• ,_(."'f..__:i : - - I Noel Pearson Founder, Cape York Partnership Co-Chair, Good to Great Schools Australia and the Cape York Academy ~n'.~ viewing this site DET Home ~ ~ Contact us I go I ~ How do I access 1nformat1on Disclosure log [-+ "f!ol?lifibetlaoleBSJalibmnat1on? [~ JEl!!ldb!! oire log o Disclosure log - 2009 o Disclosure log - 2010 o Disclosure log - 2011 o Disclosure log - 2012 o Disclosure log - 2013 o Disclosure log - 2014 o Disclosure log - 2015 o Disclosure log - 2016 o Further 1nformat1on [-+ P ublished 1nformat1on • Feedback and Complaints • Disclosure log - 2016 Right to Information > Disclosure log > Disclosure log - 2016 Our disclosure log contains information about applications made under the Right to Information Act (RT! Act) to the department. Some documents may have details removed, or pages that are blank, because the finformation is either irrelevant or exempt under the RT! Act. There may be documents that are curfrently only available in.pdf format. Should you be unable to read t his format please e mail [email protected] (include information f or contact by phone, email or i n writing). We will endeavour to meet all reasonable requests for an alternate hardcopy format of the document, free of charge. Entity Date seeking Detalls of Information sought, as Outcome of appllcatlon application Details of Information being sought as stated In the appllcatlon Applicant benefit from Reference Number revised ( If applicable) I Documents re leased made or use documents No publication Finalised (Documents non- Documents concerning any incidents involving inapproprtate behaviour by a member of the public towards some students at No publication No publication requirement applies requi rement existent) No publication 340/5/3744 08/0 1/2016 requirement applies a State Primfary School from 1989 to date. applies requi rement applies No publication Finalised { Application Documents created between 1 August 20 14 and 3 December 2014 concerning communications between and from staff at No pubHcation No publication requirement applies. requirement withdrawn). No publication 340/5/3745 12/01/2016 requirement applies. Corinda SHS regarding membership of and attendance at the Corinda SHS PandC. applies. requirement applies. Information relating to suspensions and/or exclusions Involving a weapon from all Queensland State Schools between 1 No entity t2gs;1.1aH.: n ~:ii a:lea:iii:i;I 1.1 0 !;1~ [ 340/5/3748 20/01/2016 I nformation sought not revised Seven Network nominated January 2015 and 20 January 2015. 340 -5-37 4 8 m 102K No publication Finalised (Applicat ion All documents sent or received by Corinda SHS staff between 31 March and 11 December 20 15 regarding various Corinda No publication No publication requirement applies. requirement withdrawn). No publication 340/5/3750 28/01/2016 requirement applies. SHS PandC issues. applies. requirement applies. Documents disclosing: No publication Finalised (Application 1. the number of students enrolled at each Queensland State School ; No publication No publication requirement applies. requirement withdrawn). No publication 340/5/3758 9/02/2015 requirement applies. 2. the number of students at each Queensland State School that are eligible to participate in Religious Instruction; and applies. requirement applies. 3. the percentage of students eligible to participate In Religious Instruction at each school. Finalised { Access refused No publication No publication to all documents). No 12/02/2015 Documents relating to the provision of school uniforms at Corinda State High School No publication requirement appl ies. requirement 340/5/3761 reqtJirement applies. applies. publication requirement applies. Finalised ( Access refused No publication No publication to all documents). No 340/5/3762 12/02/2015 Documents showing the costs incurred by Corinda SHS to hold the 2014 Speech Night No publication requirement applit!s. requirement ~ulrement applies. publication requirement applies. applies. Information not Released doo.lments not permitted to be No entity permitted to be published 340/5/3763 07/03/2016 Documents relating to an investigation the applicant was involved in. Information sought not revised published pursuant to nominated pursuant to section 788(2) section 788(2) of the of the RT! Act. RT! Act. Documents relating to: All documents contain No publication No publication personal information of the 340/5/3764 15/02/02016 1. a workplace accident/injury involving the applicant No publication requirement applies. requirement requirement applies. applicant. No publication 2. the applicant's em~oyment at the school where the accident occurred; and applies. 3. the schoot sign in sheets for the day of the requirement applies. Documents created between: Information not Documents created between 1 December Released documents not permitted to be 2014 and 30 September 2015 relating to No entity permitted to be publish•d 340/5/3765 11/02/2016 1 December 2014 and 11 February 2016 relating to a standing offer arrangement for the provision of school uniforms; published pursuant to a standing offer arrangement for the nominated pursuant to section 788(2) and section 7 8 8( 2) of the provision of school uniforms. of the RT! Act. RT! Act. 7 October 201 S and 11 February 2016 relating to a tender process for the provision of school uniforms. A spreadsheet showing the number of Asbestos Containing Materials which were located in each Quffnsland state school between I January 2014 and 19 February 2016 with the following scores: No publication Finalised (Application No publication 340/5/3773 18/02/2016 I. 8EMIR sco re 76 - 100 No publication requirement applies. requirement withdrawn). No publication requl rement applies. 2. 8EMIR score 51 - 75 applies. requirement applies. 3. Physical State score of 1 4. Physical State score of 2 Documents disdoslng the following Information for 13 identified State Schools: 1. Total number of students enrolled; Queensland Parents for Qsu;;um~01:i u:l~~:is:S2 ynder 340/5/3775 19/02/2015 2. Total number of prep students; Information sought not revised Mrs Alison Courtice 3. Details of what Religious Instruction is offered, including single faiths and/or cooperative arrangements; Secular State 340-5-3775 ml.4M 4. The name of the program used for each faith group; and Schools S. Total number of students (exduding preps} that do not participate at alt in Religious Instruction. Finalised (Access refused No publication No pobllcatlon to all documents). No 340/5/3782 25/02/2016 A list of Queensland shools which have opted In to be part of the Safe Schools Coalition. No publication requirement appUes. requirement requirement applies. publication requirement applies. applies. Information not Released documents not permitted to be No entity 340/5/3785 01/03/2016 Documents relating to the applicant's apprenticeship. Information sought not revised. published pursuant to permitted to be publish•d nominated. section 788(2) of the pursuant to section 788(2) of the RT! Act. RT! Act. No publication Finalised (Application No publication 340/5/3786 03/03/2016 Documents concem1ng the reclassification of the Business Services Manager position at a State High School No publication requirement applies. requirement withdrawn). No pubfica.tlon requirement applies. applies. requirement applies. No publication No publication Finalised (Application 340/5/3793 14/03/2016 Documents created between 7 August 201 4 and 31 December 2014 relating to the Cortnda 5HS PandC No publication requirement applies. requirement withdrawn). No publlcatlon requirement applies. applies. requirement applies. Documents revealing the following information about Queensland schools: l. Seperately for each financial year from 2013 to present, the numbers of break and enter incidents at schools and the total cost of daims made by schools as a result of break and enter incidents. 2. Seperately for each financial year from 2013 to present, the. number of vandalism/malicious damage incidents at To be schools and the total costs of dalms made by schools as a result of incidents of vandalism/malicious damage; To be published upon published To be published upon finallsatlon of Docymeots released uoder 340/5/3796 14/03/2016 3. Seperately for each financial year from 2013 to to prese nt, the number of arson incidents and schools, broken finalisation of upon application down by the number of reported cases and major arson Incidents, and the cost of claims maaide by schools as a application finalisation of 340·5· 3796 ml.JM result of arson incidents; and apptication 4. Seperately for each financial year from 2013 to present, the total number of incidents causing toss or damage at schools that have res~ted In claims being made by schools and the total costs of those daims. S. The top 10 schools with the most expensive daims as a result of vandalism/malicious damage/arson and the amount of these daims Information not Released documents not permitted to be No entity permitted to be published 340/5/3799 21/03/2016 Documents relating to an investigation undertaken by Ethical Standards in 2007. Information sought not revised published pursuant to section 78B(2) of the nominated pursuant to section 788(2) RT! Act. of the RTI Act. 1. all incident reports created between 1 January 2013 and 22 March 2016, that relate to incidents 1n Queensland schools, located In the MyHR Work~ace Health and Safety system were the following keywords are in the To be "description of incident" field: To be published upon published To be published upon finalisation of Docµments a:!easgd under • Syringe finalisation of upon 340/5/3801 22/03/2016 application • Needle application finalisation of 340·5·3801 m4.2H • Sharp/s application 2. all Ministerial and Director·General Briefing notes (including attachments) created be.tween 1 Janurary 2013 and 22 March 2016 that relate to Incidents In Queensland schools involving the above keywords. I. all incident reports created between 1 January 2013 and 22 March 2016, located In the National Quality Assurance Information Tracking Service system, that relate to Incidents in Queensland early teaming and chUd care where the following keywords are mentioned: 340/5/3802(Appllcatlon centres, No publication made under the o Syringe No pubUcatlon Documents releaseg und@r 24/03/2016 • Needle Information sought not revised requi rement Commonwealth Freedom requirement applies applies 340·5·3802 of Information Act 1982) • Sharp/ s m6.SM 2. all Ministerial and Director-General Briefing notes (including attachments) created between 1 January 2013 and 22 March 2016 that relate to incidents In Queensland early leaming and child care centres involving the above keywords. Information not permitted to be No entity pocuments releaseg unger 340/5/3804 18/04/2016 Documents relating to the asbestos exposure incident at Mt. Petrie State School on or about 30 March 2007. Information sought not revised published pursuant to nominated section 788(2) of the 340-5-3804 m llM RTI Act. Released documents not No publication No publication permitted to be published 340/5/3806 01/04/2016 Documents relating to a claim for Injuries following a motor vehicle accident. No publication requirement applies. requirement requirement applies. pursuant to section 788(2) applies. of the RTI Act. The applicant seeks access to: 1. The total overall cost of outstanding maintenance projects for QLO Schools for 2014; No publication 2. The total overall cost of outsnading maintenance projects for QLD school for 2015; No publication Finalised (Application 340/5/3814 19/04/2016 3. The total overall cost of outsnading maintenance projects for QLO school from 1 January 2016 to 19 April 2016 No publication requirement applies. requirement withdrawn). No publication requirement applies . (current); and applies. requirement applies. •. The Individual overall cost for the top 1 O QLO schools with the most expensive maintenance proj ects still outstanding including a breakdown of what is required for each individual maintenance project. The applicant seeks access to: A list/spreadsheet detailing the titl e and 1. the file titles and/or; Australian Broadcasting No entity Documents to be released 340/5/3818 21/04/2016 subject matter/purpose of all consultancies 2. subject matter and/or; Corporation nominated carried out in the past two financial years. und"'r 340·5· 38 18 m t6K 3. cost details, for all consultancies earned out for and/or commissioned by the Department of Education in the past two financial years. No publication Finalised (documents non- Any emails dated between 21 April 2016 and 24 April 2016 that were sent between staff in the Ministerial office that No publication 340/5/3820 26/04/2016 No publication requirement applies requirement existent). No publication mention 'Sptingborg, LNP and voting'. requirement applies applies applies No publication Finalised (Application No publication 340/5/3821 22/04/2016 Documents relating to the applicant's employment. No publication requirement applies. requirement refused). No publlc.>tlon requirement applies. applies. requirement applies. No publication Finalised (Appllc.>tlon No publication 26/04/2016 Documents relating to the applicant's employment . No publication requirement applies. requirement refused). No publication 340/5/3822 requirement applies. applies. requtrement applies. 1. Documents which detail the answers provided to the question: 'outline the Innovative educational programs or Information not practices the school will Implement' as part of the EOI for Independent Public Schools by schools that were permitted to be No entity QQS;Mmr:nSS: ri:l r:ur::~ under 29/04/2016 Information sought not advised published pursuant to 340/5/3826 successful In their applications and subsequently commenced as Independent Public Schools In 2013, 2014 and nominated 2015 ; and section 7 8 8( 2) of the 340-5·3826 m 22M 2. The Interim evaluation of the !PS program conducted by the Department which was due to be completed In 2013. RT! Act. Information not permitted to be Documents containing the last agreed hours of deaning for each building located at Glenella State School as calculated In No entity QO!;!.!!ll~OtS: r!:lr:~S:r:i;I !i,!nder 340/5/3830 09/05/2016 Information sought not revised published pursuant to accordance with the Cleaners' Certified Agreement. nominated section 788(2) of the 340·5·3830 m2.lM RTI Act. All documents contain No publication No publication personal Information of the 340/5/3831 10/05/2016 Documents concerning an alleqed assault of a student. No publication requirement applies. requirement requirement applies. applicant. No publication applies. requirement applles. No publication Finalised (Appllc.>tion 340/5/3835 12/05/2016 Information regarding exdusiol'\S and suspensions from all Queensland State Schools between 1 January 20 14 and 12 May No publication requirement applies. No publication requl rement withdrawn). No publication 2016. requirement applies. applies. requirement applies. No publication Finalised (Application No publication No publication requirement applies. requirement withdrawn). No pubficatlon 340/5/3840 30/05/2016 Documents relating to incidents involving another person which led to a sect.ion 337 notice. requirement applies. applies. requirement applies. All financials (for the past 5 years) relating to the costs borne and income received from the operation of the Tewantin No publication Finalised (Application State School pool, indudlng any government rebates or grants that are currently, or have been, In place. Any No publicat ion 17/05/20 16 No publication requi rement applies. requirement withdrawn). No publication 340/5/3841 correspondence or discussions pertaining to the current or future lease or hire arrangements for the pool . Coples of requirement appl ies. applies. requirement applies. previous lease agreements or hire arrangements the school has had In place. A spreadsheet listing all claims by departmental teachers lodged with and accepted by WorkCover Queensland between I No entity t2S2f.:!.lmtni:t ~l!:i!i~g !.ID~~ ( 340/5/3842 17/05/2016 Information sought not revised Seven Network January 2014 and 17 May 2016 where the mechanism of i njury is •being assaulted by a person or persons· . nominated 340 - 5-3842 'm102< No pubflcation Finalised (Application No publication Documents relating to the education of a student. No publication requirement applies. requirement withdrawn). No publication 340/5/3846 25/05/2016 requirement applies. applies. requi rement applies. Information not Released documents not penmitted to be No entity permitted to be published 340/5/3857 09/06/ 20 16 Documents concerning the education of the applicant's child. Information sought not revised. published pursuant to nominated. pursuant to section 788( 2) section 78B(2) of the of the RT! Act. RT! Act. No publication Finalised ( Application Copies of the general expenditure financial delegation held by various departmental officers in force between 13 October No publication 340/5/3863 14/06/2016 No publication requil"t!ment applies. requirement withdrawn). No publication 2005 and 19 June 2015. requirement applies. applies. requirement applies. Information not Released documents not permitted to be No entity permitted to be published 340/5/3865 24/06/2016 Documents concerning the education records of a former student. Information sought not revised published pursuant to nominated pursuant to section 78B(2) section 78B(2) of the of the RT! Act. RT! Act. Information not Re leased documents not permitted to be No entity permitted to be published 340/5/3866 17/06/2016 Documents related to the applicant's e:mployment. Information sought not revised published pursuant to nominated pursuant to section 78B( 2) section 78B( 2) of the of the RT! Act. RT! Act. No publication Finalised (Application No publication 340/5/3867 17/06/2016 Documents related to the applicant's employment. No publication requirement applies. requirement withdrawn). No publication requirement applies. applies. requirem ent applies. Information not Released documents not permitted to be No entity permitted to be published 340/5/3882 20/07/2016 Documents relating to the applicant' s employment. Information sought not revised published pursuant to nominated pursuant to section 78B( 2 ) section 7 8 B( 2) of the of the RT! Act. RT! Act. Information not Released documents not permitted to be No entity permitted to be published 340/5/3884 04/07/2016 Documents relating to the education of a student. Information sought not revised. published purs uant to nominated. pursuant to section 78B( 2) section 78B(2) of the of the RT! Act. RT! Act. No publication Finalised (Application Copies of documents detailing funds paid to Queensland schools by the Commonwealth bank of Australia relating to the No publication 8/07/2016 No publication requirement applies. requirement withdrawn). No publication 340/5/3889 school banking program Dollarmltes. requirement applies. applies. reqUi rement appfles. Documents created or received between 1 January 201'4 and 1 July 2016 In relation to, or concerning sexual assault(s) occurrtng in State (Primary) Schools: I. Briefing notes prepared by, or progressed through, the Department"> State Schools Division; No entity QQs:!.! m !J:ntS; r!:l~~!i!!g under 340/5/3890 11/07/201 6 I nformation sought not revised ABC Queensland 2 . School Alert Notifications; and nominated 340 ·5-3890 m68M 3. programs the Department is using, or proposing to use to combat the Issue of se xual assaults in Primary schools occurring in schools. Documents created or received between 1 July 2014 and 1 July 2016 in relation to, or concerning drug use in Queens land Schools: No publication Finalised ( Application No publlcatlon through, the State Schools Division; No publlcation requirement applies. requirement withdrawn). No publication 340/5/3891 11/07/2016 ~ : ~~:!~~gA~:~e~ ~;i~rca:t~~n~Y· a~progressed requirement applies. appUes. requirement applies. 3. Correspondence between this Department and the Queensland Department of Health with regards to combating this problem and/or education programs in place. Information not Released documents not permitted to be No entity permitted to be published 23/08/2016 Documents concerning the education of the applicant's parent. Information sought not rev ised. published pursuant to 340/5/3900 nominated. pursuant to section 78B(2) section 78B(2) of the of the RT! Act. RT! Act. Information not Re leased documents not permitted to be No entity permitted to be published 20/07/2016 Documents re.latin9 to an incident the applicant was involved in. Information sought not revised 340/5/3901 published purSuant to nominatf!:d purSuant to s&tion 788(2) section 7 8 8( 2) of the of the RT! Act. RT! Act. Documents providing: No publication Finalised (Application No publication No publlcatlon requirement applies. requirement withdrawn). No publication 340/5/3902 17/07/2016 requirement applies. 1. the names of schools which have CCTV cameras Installed or have applied to have them installedi and applies. requirement applies. 2. CCTV footage of 3 identified (by the applicant) incidents of vandalism Information not Released doroments not permitted to be No entity permitted to be published Documents relating to the applicant's employment. Information sought not revised published purSuant to 340/5/3904 22/07/2016 nominated purSuant to section 788(2) section 788(2) of the of the RT! Act. RT! Act. Reports and briefing notes stemmin9 from an audit/lnvest19ation commissioned by the government, and conducted by a Finalised (transferred to No publication private company, into the Yabulu nickel refinery in 2016, focusing on maintenance Issues. Possibly commission~ by No publication Office of Industrial No publication requirement applies. requirement 340/ 5/3906 0 1/08/2016 Wor1cplace Health and Safety Queensland/the Office of Industrial Relations, In connection to Yabulu a major hazard requirement applies. Relations) No publication being applies. facility. requirement applies. Finalised (transferred to No publication All correspondence between Worlcplace Health and Safety Queensland and Queenslond Nickel Sales/QNI Metals/QNI No publication Office of Industrial No publication requirement applies. requirement 340/5/3907 01/08/2016 Resources between March 2016 and present about the Yabulu refinery. requl rement applies. Relations) No publication applies. requirement applies. No publication Finalised (Application No publication Documents relating to decisions by the Windsor State School Principal regarding the availability of Religious Instruction. No publication requirement appties. requirement withdrawn). No publication 340/5/3925 15/08/2016 requirement applies. applies. requirement applies. All documents contain No publ ication No publication personal information of the 22/08/2016 Documents related to a complaint involving the applicant. No publication requirement applies. requirement 340/5/3927 requirement applies. applicant. No publication applies. requirement applies. No publication Finalised ( Application No publication The applicant seeks access to information about another person. No publication requirement applies. requirement withdrawn). No publication 340/ 5/3928 23/08/2016 requirement appUes. applies. requirement applies. All documents contain No publication No publication personal information of the The applicant seeks access to documents rel ating to an Incident occurring at school involving two students. No publication requirement applies. requirement 340/5/3929 24/08/2016 requirement applies. applicant. No pubHcation applies. requirement applies. To be To be published upon published To be published upon finalisation of To be published upon Documents relating to the Windsor State School site and the lease of buildings. finalisation of upon 340/5/3930 16/08/2016 application finallsatlon of application application flnallsatlon of apJ>'ication 1. Any records that specifically document our dient's fall In the playground of North Rockhampton State High and any remediation wortc that was recomm ended or carried out as a result of that fall. Documents contain No publication 2. Copies of any policies and procedures that relate to the Education Department's recommended management of No publication personal Information of the No publication requirement applies. requirement 340/5/3931 29/08/2016 identifying, recording and repairing trip and fall hazards In the playgrounds of schools that relate to the time period requirement applies. applicant. No publication applies. where our client fell at school. requirement applies. 3. Any audit results with regard to compliance or otherwise by North Rockhampton State High with these policies and procedures. A copy of the following reports (completed by consultants/contractors for the Department in 2014/2015) : Documents released under 34 0/5/3932 1. Review of University Financial Reporting Requirements; Australian Broadcasting No entity Information sought not revised 340/5/3932 24/08/2016 2. Consultancy services to study the scope for new special schools; Corporation nominated f!lU 3. Queensland State Schooling Resourcing Review; and ~ l.BM 4. School Improvement Optimisation Services fJk..A m 2. 4M To be To be published upon published To be published upon finalisation of To be published upon Documents relating to complaints made regarding the alleged misconduct of a former employee. finalisation of upon 340/5/3946 25/10/2016 application finalisation of application application flnallsation of appUcation No publication Finaflsed (Documents non· Documents related to electrical wor1cs conducted at Inala State School, Inala State High School and Inala West State No pubflcation No publication requirement applies. requirement existent). No publication 340/5/3948 1 3/09/2016 requirement applies. School between 1978 and 1985 applies. requirement applies. Information not permitted to be No entity QQs;;!,!m!:;nts: r!:ICii!~C~ ynder Documents related to the employment of HPE teachers by the Department. Information sought not revised published pursuant to 34 0/513950 16/09/2016 nominated section 78B(2) of the 340·5·3950 m 4.3M RTI Act. No publication No publication Finalised (Application No publication requirement applies. 340/5/3965 28/09/2016 A copy of the two Internal Reports Issued by the Department. requirement applies. requirement withdrawn). No publication applies. requl rement applies. No publication Finalised (Application No publication 1. A copy of correspondence between the Department and two Identified indiv iduals. No publication requirement applies. requirement withdrawn). No publication 340/5/3974 13/10/201 6 requirement appHes. 2 . A business case submitted to the Department, and the Department's response. applies. requirement applies. A spreadsheet listing all claims by departmental teacher$, prtncipals, deputy pr1ncipals and teacher aides lodged with No entity l22sa.1mi:nt::i r!:l~iUi!:S2 !.!"g~r Information sought not revised The Australian 340/5/3978 14/10/2016 WorkCover for each year for the past five years as a result of an alleged assault. The spreadshe:et is to lndude date of nominated incident, whether the claim was accepted or rejected, Injuries caused and the number of days off work. 340-5-3978 mm. Information not Released doctJments not permitted to be No entity permitted to be published Documents concemin9 the empfoyment of the applicant's parent. I nformation sought not revised. published pur$uant to 340/5/3979 18/10/2016 nominated. pur$uant to section 788(2) section 788(2) or the of the RT! Act. RT! Act. To be To be published upon published To be published upon finalisation of To be published upon 340/ 5/ 3980 15/11/ 20 16 Documents relating to the employment or the applicant and the maintenance work at a State School finalisation of upon application finalisation of application application finalisation of ap~ication No publication Finalised (Application No publication 340/ 5/ 3982 19/10/2016 A copy of two Internal Reports, issued by the Department. No publication requirement applies. requirement withdrawn). No publication requirement applies. applies. requirement applies. To be To be publ ished upon published 1. A copy of correspondence between the Department and two identified individuals. To be published upon f inalisation of To be published upon 340/ 5/3983 19/10/2016 finalisation of upon 2 . A business case submitted to the Department. and the Department's response. application application rlnalisatjon of finalisation of application application To be To be published upon published Documents created between 6 June 2016 and 18 August 2016 concerning the ' Report on the Revi4!W of the Connect To be published upon finalisation of To be published upon 340/ 5/3991 0 1/ 11/2016 final isation of upon Rellglous Instruction Materials - August 2016'. application finalisation of application application flnalisation of application To be To be published upon published To be published upon finalisation of To be published upon 340/ 5/ 4009 17/11/2016 AppUcant seeks access to information relating to his children's education. finalisation of upon application application finalisation of finalisation of application application " Top of page This page was last reviewed on 16 Dec 2016 at 09:36AM !'.~ Copynght I D1scla1mer I f.o..v.a..Q'. I R1aht to information I Access keys I f Other lanauages © The State of Queensland (Department of Education and Training) 2016. Queensland Government Minister for Education and ~~::,~,~::~:~ Minister for Tourism and Major Events Level 22 Educalion House 30 Mary Street Brisbane 4000 PO Box I 5033 City Easl Queensland 4002 Australia Telephone +61 7 3719 7530 Email [email protected] Hon Peter Wellington MP Speaker of the Legislative Assembly Alice Street BRISBANE QLD 4000 Dear Mr Speaker, I refer to your correspondence received by my office on 18 January 2017, enclosing correspondence and submission from Ms Tracy Davis MP, the Member for Aspley dated 19 December 2016. The Member for Aspley alleges I misled Parliament on the basis of a statement I made in the House on 30 November 2016. On 30 November 2016, during Question Time, the Member for Cook queried if either the Director-General of Education or myself had provided the internal audit reports relating to Cape York Academy and/or the Cape York Aboriginal Australian Academy to the Australian Broadcasting Corporation or any other media outlet. In my response, I stated "My understanding is that the audits were undertaken by the department of education and that they were released to the ABC under the right to information legislation." I note your acknowledgment of my submission to you, Mr Speaker, on 15 December 2016 following an article in The Australian alleging I had misled Parliament. Mr Speaker, I submit the Member for Aspley has not made out the offence of contempt of Parliament. I believe my submission of 15 December 2016 clearly articulates why the offence is not made out, however, I welcome the opportunity to provide further advice in regards to the Member for Aspley's allegation. 2 The Member for Aspley refers to The Australian article on 15 December 2016 and comments made by a spokeswoman for the Department of Education and Training: She confirmed that internal audit reports were released to the ABC 'informally'. The Member for Aspley alleges this is evidence the reports were not released under the RTI Act in contradiction to my statement made to the House on 30 November 2016. As I said in my previous letter to you on 15 December 2016, I was advised the documentation was provided by the Department of Education under the Right to Information administrative release framework. My earlier submission clearly demonstrated that I was advised the Department had commenced the processes required under the RTI Act by negotiating the scope with the applicant and then deciding, through this process, to administratively release the audit documents. Having been a part of the parliament that passed the Right to Information Act in 2009, I clearly understand the intention of the Act was for documents to be proactive ly released as often as possible at the request of people seeking access to government and departmental documentation. The preamble of the legislation states: Government information will be released administratively as a matter of course, unless there is good reason not to, with applications under this Act being necessary only as a last resort. Further, section 44(4) of the RTI Act states: (4) ... it is the Parliament's intention that this Act should be administered with a pro-disclosure bias and an agency or Minister may give access to a document even if this Act provides that access to the document may be refused. As I have stated above and in my previous correspondence, the intent of the Act is for pro disclosure. Mr Sp ea ker, I am advised, in-line with the intent of the RTI Act, the Department commenced the required processes under the RTI Act and then, through negotiations with the applicant, released the documents administratively. I submit, Mr Speaker that my statements do not contain any apparent or proven factually incorrect matter, nor were my statements misleading. As stated in my earlier submission, Mr Speaker, my intention in making the above statement was to answer the qu estion honestly, sharing with the parliament the details as I understood them to all members of parliament. 3 As I have previously advised you, Mr Speaker, I believed the statements to be true, and as I have outlined in my correspondence to you regarding this matter I had reasonable grounds for so believing. However, if this is not accepted, I give my assurance to you, Mr Speaker, that it was not my intention to mislead the House. Based on the information I have provided, I do not believe I have intentionally misled the ~ on l