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Past As Prologue : the Royal Commission Into Commercial Activities of Government and Other Matters : Proceedings from a Conferen Edith Cowan University Research Online ECU Publications Pre. 2011 1994 Past as prologue : the Royal Commission into Commercial Activities of Government and Other Matters : proceedings from a conference on the Part II Report of the Royal Commission and the reform of government in Western Australia Mark Brogan (Ed.) Follow this and additional works at: https://ro.ecu.edu.au/ecuworks Part of the Public Affairs, Public Policy and Public Administration Commons Brogan, M., & Phillips, H. (1994). Past as prologue : the Royal Commission into Commercial Activities of Government and Other Matters : proceedings from a conference on the Part II Report of the Royal Commission and the reform of government in Western Australia. Mount Lawley, Australia: SASTEC, Adith Cowan University. This Conference Proceeding is posted at Research Online. https://ro.ecu.edu.au/ecuworks/7001 Edith Cowan University Copyright Warning You may print or download ONE copy of this document for the purpose of your own research or study. The University does not authorize you to copy, communicate or otherwise make available electronically to any other person any copyright material contained on this site. You are reminded of the following: Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. Where the reproduction of such material is done without attribution of authorship, with false attribution of authorship or the authorship is treated in a derogatory manner, this may be a breach of the author’s moral rights contained in Part IX of the Copyright Act 1968 (Cth). Courts have the power to impose a wide range of civil and criminal sanctions for infringement of copyright, infringement of moral rights and other offences under the Copyright Act 1968 (Cth). Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form. Past as Prologue: The Royal Commission into Commercial Activities of Government and Other Matters Proceedings from a conference on the Part II Report of the Royal Commission and the reform of government in Western Australia. Edited by Mark Brogan and Harry Phillips EDITH COWAN UNIVERSITY LIBRARY MT LAWLEY CAMPUS EDITH COWAN UNIVERSITY PERTH WESTERN AUSTRALIA Perth International Hotel, 4 November 1994 The Royal Commission into the Commercial Activities of Government and Other Matters was appointed by the Lawrence Government on the 8th January 1991. The Commission concluded its work in November 1992, producing two major reports on the conduct of government in Western Australia between 1983 and 1989. In the second of these reports, the Commission made forty separate recommendations for the reform of Western Australian Government, to be implemented by a Commission on Government. This conference examines the legacy of the Royal Commission, the work of the Commission on Government and issues in the reform or 're-invention' of government. The conference concludes with presentations from the current generation of political decision makers on the reforming of government and the role of the media in the work of the Royal Commission. Published by SASTEC (2 Bradford St, Mount Lawley, Western Australia, 6050) in cooperation with the Departments of Library and Information Science and Social Sciences, Edith Cowan University. © Edith Cowan University, 1995 ISBN 0-7298-0198-5 Contents PREFACE INTRODUCTION ii WELCOME 1 PAPER1 Making Government Accountable: The New South Wales Experience Mr Ian Temby Q.C. 4 PAPER2 Past as Prologue: A second anniversary reflection on the work of the Royal Commission Mr Michael Barker 10 PAPER3 Reforming government : The role and function of the Commission on Government Mr Jack Gregor 20 PAPER4 The theory of government Accountability and the reform agenda Professor Peter Boyce 28 PAPERS Parliament, the executive and accountability: Theory and reality in conflict Mr Barry MacKinnon 34 ISSUES IN REFORM PAPERS PER1-The High Court and electoral reform in Western Australia Dr Geoff Gallop MLA 42 PAPER7 PER2-Independent voices: The two party system, WA Inc and electoral reform Dr Ian Alexander 50 ADMINISTRATIVE LAW AND OPEN GOVERNMENT PAPERS AL1-The electronic white board: The Commission's perspective on public recordkeeping and the information age Ms Vicky Wilson; Mr Mark Brogan 55 PAPER9 AL2-Tuming on the searchlight: A retrospective on the first year of operation of the Freedom of Information Act Ms Karen Anderson 65 REFORMING THE ADMINISTRATIVE SYSTEM PAPER10 RASl-The Commission's view of public sector change Dr Michael Wood 73 PAPER 11 RAS2-WA Inc: Failure of the system or crime of the employee? Associate Professor Alan Peachment 80 PAPER12 Reinventing government The Opposition's view The Hon Mr Jim McGinty MLA 91 PAPER13 Reinventing government The Government view The Hon. Peter Foss MLC 99 PAPER14 Commission exclusive: The media, popular culture and the Royal Commission Mr Alan Carpenter 108 APPENDICES OE Report of the Royal Commission: Commission Terms of Reference (PART I VOLUME 1) 114 TWO Report of the Royal Commission List of Recommendations (PARTII) 117 PREFACE In the wake of the Royal Commission Part Two Report and run up to the 1993 State election, I penned a letter to the Editor of The West Australian newspaper about prospects for the reform of government arising from the imbroglio of 'WA Inc'. Unabashedly pessimistic in sentiment, the letter drew substantially upon that great work of political allegory- George Orwell's Animal Farm. The idea of a Conference which examined the legacy of the Part Two Report and might accomplish something more positive, namely, provide a stimulus to the reform process, had its genesis around this time. I wrote to Associate Professor Harry Phillips in the Department of Social Sciences explaining the idea. In co-operation with Harry and Professor Geoffery Bolton, the Conference developed over the ensuing year with formalisation of the programme in June, 1994. The Conference Committee agreed that in as much as possible, the holding of the Conference should await formal appointment of the Commission on Government. Allowing for appointment of the Commission, the Committee decided that the second anniversary of the Part Two Report, due in November 1994, afforded the best opportunity for a Conference of this kind. Perhaps fortuitously, rather than by intent, the appointment of the Commissioners coincided with the Conference proper, providing for a highly successful Conference and the first opportunity for West Australians to gain an insight into how the Commission on Government ('the child of the Part Two Report' ) would go about its job. Given the difficulties in putting together a programme of this kind, involving key thinkers and participants, the enthusiasm of others for the project was vital to its success. In this respect, the enthusiasm of Associate Professor Harry Phillips (co-editor for these proceedings) and Professor Geoffrey Bolton from Edith Cowan University's Department of Social Sciences was outstanding. In the Department of Library and Information Science (LISC), valuable encouragement was similarly offered by Karen Anderson, Vicky Wilson and Department Chairperson, Marie Wilson. A special thanks is also due to the staff of SASTEC (Roger Vella Bonavita, Kay Noble, Yvette Drager and Stephanie Moir) for their work on Conference organisation. During the various stages of Conference planning, it had not been intended to produce formal proceedings for the Conference. The emergence of these papers (as presented with only minor editorial corrections) reflects the tremendous public interest generated by the Conference. In no small measure can this be attributed to the quality of presentations made at the Conference and it is to our speakers that I extend on behalf of Harry, Geoff and myself, a final vote of thanks. Mark Brogan USC Edith Cowan University 25 November, 1994 AN INTRODUCTORY ESSAY TO THE SECOND ANNIVERSARY REFLECTION OF THE SECOND REPORT OF THE ROYAL COMMISSION INTO COMMERCIAL ACTIVITIES OF GOVERNMENT AND OTHER MATTERS IN WESTERN AUSTRALIA. Dr Harry Phillips, Associate Professor of Politics, Edith Cowan University. The Establishment of the Royal Commission The Royal Commission into the Commercial Activities of Government and Other Matters, popularly referred to as the W.A Inc. Royal Commission, unfolded into one of the most dramatic events in the State's political history. It provided the citizens of Western Australian with two most comprehensive public reports on the operations of government and a suggested reform framework. In addition a confidential report was provided for referral to the Independent Public Prosecutor. In the wake of constant agitation, particularly from the Opposition, members of a high profile group 'The People for Fair and Open Government' and a reference from the Deputy Ombudsman, Premier Carmen Lawrence had foreshadowed the inquiry on 19 November 1991. The Governor, Sir Francis Burt, formally issued a Commission on 8 January 1992 to Justice Geoffrey Kennedy, of the Supreme Court of Western Australia, Sir Ronald Wilson, formerly of the High Court of Australia, and Mr Peter Brinsden, retired Judge of the Supreme Court of Western Australia. They were to inquire and report on whether there had been corruption, illegal conduct, or improper conduct by any person or corporation in the affairs, investment decision and business dealings of the Government of Western Australia or its agencies, instrumentalities and corporations in respect of twelve matters listed in an accompanying schedule and dating as far back as 1977 in the case of financial assistance by government to Bunbury Foods Proprietary Limited (see Appendix One). The original reporting date for the Commission, allocated a six million dollar budget, was to be January 1992. However, the Commissioners were required to seek extensions of time as after nine months they had completed hearings in only three areas namely; the Fremantle Gas and Coke sale, the Northern Mining Diamond Deal and the Burswood Casino Licence.
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