Queensland Parliamentary Debates [Hansard] Legislative Assembly TUESDAY, 19 APRIL 1988 Electronic reproduction of original hardcopy Papers 19 April 1988 5953 TUESDAY, 19 APRIL 1988 Mr SPEAKER (Hon. L. W. Powell, Isis) read prayers and took the chair at 10 a.m. ASSENT TO BILL Assent to the Commissions of Inquiry Act Amendment Bill reported by Mr Speaker. PETITIONS The Clerk announced the receipt of the following petitions— Provision of Sufficient Funds for Police From Mr Goss (514 signatories) praying that the Parliament of Queensland will provide sufficient funds for police to enable them to carry out their full duties. Increased Funding for Education From Mr McLean (326 signatories) praying that the Parliament of Queensland will increase funding for education in a mini-Budget and reduce unnecessary expenditure. Petitions received. PAPERS The following papers were laid on the table— Proclamation under the Public Service Act 1922-1978 Orders in Council under— Urban Public Passenger Transport Act 1984 and the Statutory Bodies Financial Arrangements Act 1982-1984 Fauna Conservation Act 1974-1985 National Parks and Wildlife Act 1975-1984 Irrigation Act 1922-1986 and Water Act 1926-1987 and the Statutory Bodies Financial Arrangements Act 1982-1984 Water Act 1926-1987 and the Statutory Bodies Financial Arrangements Act 1982-1984 Water Act 1926-1987 River Improvement Tmst Act 1940-1985 and the Statutory Bodies Financial Arrangements Act 1982-1984 Brisbane and Area Water Board Act 1979-1984 and the Statutory Bodies Financial Arrangements Act 1982-1984 Canals Act 1958-1987 Regulations under— Mining Tities Freeholding Act 1980-1986 Miners' Homestead Leases Act 1913-1986 Public Service Act 1922-1978 and the Public Service (Board's Powers and Functions) Act 1987 Sewerage and Water Supply Act 1949-1985 By-laws under the Queensland Art Gallery Act 1987 Reports— Reports and Audited Financial Statements of the Lang Park Tmst for the years ended 31 December 1986 and 1987 78321—196 5954 19 April 1988 Ministerial Statement Queensland Industry Development Corporation for the year ended 30 June 1987 on— Govemment Schemes Division and Audited Financial Statements Tmstees of the Agricultural Bank Debt Redemption Fund Audited Financial Statements Queensland Industry Development Corporation for the year ended 30 June 1987. FEES PAID BY CROWN TO BARRISTERS AND SOLICITORS Return to Order; Erratum Sheet The following paper was laid on the table— An erratum sheet in respect of the Return to an Order made by the House, showing all payments by the Govemment to barristers and solicitors as at 30 June 1987 stating the names of the recipients and the amounts received separately, which was laid upon the table of the House on 10 March 1988. MINISTERIAL STATEMENT Retirement and Superannuation Entitlements, Corrupt Public Officers Hon. M. J. AHERN (Landsborough—Premier and Treasurer and Minister for the Arts) (10.06 a.m.), by leave: The Government proposes to take two initiatives to address the matter of superannuation payments to public officers who may have cormptly used their positions of tmst and responsibility. Firstly, legislation will be brought down in the current session to defer the retirement of such police officers and public servants. The legislation will provide that a notice of retirement from an office held by an officer furnished by the officer at any time subsequent to 19 April 1988 shall not take effect as a retirement of its own force or be deemed to have so taken effect and the retirement thereby notified shall not be effective untU it has been approved by the Governor in Council. Where an officer of the police or public service is suspended from duty because of conduct that suggests that he has been cormpt in his discharge of duties of any office held by him, or he has abused any office held by him, or he has knowingly neglected to discharge the duties of any office held by him, then it is not competent to the officer to retire from the office held by him. Any Act or law that may require an officer to retire because he has attained a particular age or otherwise does not apply to the officer. Secondly, the Government proposes to enact a Public Officials Abuse of Office (Disentitlement of Superannuation and Pension Benefits) Bill. The provisions are— • This scheme is designed for all—all—who hold an office of profit under the Crown or who receive superannuation funds or benefits from the public purse. • Upon a conviction, the prosecutor will seek an order of the court against the public official who, having retired from public office, is convicted of an indictable offence under Chapters 8, 13 or 16 of the Criminal Code which was committed whilst a holder of public office (some parts of Chapters 8, 13 or 16 are irrelevant and will not be included in the provisions of the Bill). • The court may order that the sum of money which represents the difference between the amount received by the public official and the amount he would have received had he resigned his office at the date of the commission of an offence be refunded to the Crown and enforceable as a debt due and owing to the Crown. • To overcome the problem of adversely affecting the rights of a spouse of such an official, the forfeiture should be discretionary, the court being able to hear Ministerial Sutement 19 April 1988 5955 third parties who may be affected by a forfeiture order and take into account in a similar manner to the Family Court the contribution made by that spouse to the accumulation of superannuation. • In order to avoid the criticism that payments may be made to a retiree and concealed or gifted, the provisions of the Commonwealth Proceeds of Crime Act as they relate to tracing and securing "tainted property" should apply; that is, unless the transfer of money/property takes place on a bona fide basis and for valuable consideration, then the property may be obtained from the hands of third parties. Provisions to lift the corporate veil may also be necessary. It has always been my view that a person is innocent until proven guilty. With this in mind, this seems to be the most fair and equitable method of dealing with this complex issue. In effect, it means that a person who conceals his crime untU after resignation does not gain an advantage by so doing. Any unfaimess could be overcome by the discretion of the court and the discretion of the Attomey to protect the interests of third parties such as spouses and family. MINISTERIAL STATEMENT Fitzgerald Commission of Inquiry; Alleged Interference by Former Premier and Treasurer, Sir Joh Bjelke-Petersen Hon. W. A. M. GUNN (Somerset—Deputy Premier, Minister for Public Works, Main Roads and Expo and Minister for Police) (10.11 a.m.), by leave: Following a statement made by the Premier, Mr Ahern, to this House last Thursday conceming an attempt by the former Premier and Treasurer, Sir Joh Bjelke-Petersen, to interfere with the Fitzgerald commission of inquiry, I tender the following information for honourable members. The basis of this information has already been made known to the Fitzgerald commission of inquiry by me. To my knowledge, there were two occasions last year when the former Premier and Treasurer, Sir Joh Bjelke-Petersen, attempted to interfere with the commission of inquiry. It must be pointed out, for the record, that in initial discussions following the ABC Four Corners program when I put it to Sir Joh that there should be an inquiry, he was supportive of it. The first occasion on which his reservations conceming it came to my attention was on the evening of 17 May 1987 at Roma when Cabinet was there for a country Cabinet meeting. At that stage, it had been decided in principle to hold an independent inquiry headed by a senior legal practitioner. On the evening in question, after the barbecue function, Sir Joh indicated to the Minister for Justice and Attomey-General, Mr Clauson, and myself that he would like to discuss the matter with us. He invited us to have a late dinner with him at the Overlander Motel. On our arrival at the motel's dining room, Sir Joh indicated to us to sit either side of him. Some of his staff were also at the table. He said words like, "I'm greatly concemed about this inquiry. I don't think it's a good idea at aU." I explained that the allegations that had been made had been around for a long time, hanging over the heads of several Police Ministers. He said words like, "Well, you've got a tiger by the tail and it'll end up biting you." I said my view was that it would bite us if we did not do anything about it. Sir Joh then said words to the effect that if he had had his way, it would not have begun. I replied to the effect that if he wanted to interfere with it at that point, I would resign the Police portfolio and he could find another Police Minister. I noticed that during this rather strained conversation, at least some of the staff members had left the table. Mr Clauson and I had some discussions in my room following this dinner, after which he retumed to his motel. 5956 19 April 1988 Leave to Move Motion Without Notice At that stage, there was speculation about who Cabinet would appoint to head the inquiry, and we were mindful of advice that preferably it should not be a serving judge. Subsequently, in a submission dated 25 May 1987, which was considered by Cabinet on 26 May, I, as Acting Premier and Treasurer, and Mr Clauson announced that Mr G.