BUSINESS OF THE HOUSE Wednesday, 9 April 1997 COUNCIL 183 Wednesday, 9 April 1997 committee that advised and assisted the Minister for Planning and Local Government with policy and legislation; and (lii) entered into contracts with local government The PRESIDENT (Hon. B. A. Chamberlain) took authorities and other bodies to provide advice the chair at 10.04 a.m. and read the prayer. on retail planning issues and other matters; (b) since April 1996 while Parliamentary Secretary for BUSINESS OF THE HOUSE Planning and Local Government, continued to conduct his private retail consultancy business by: Sessional orders (i) charging local traders in Victoria to advise them Hon. R. I. KNOWLES (Minister for Health) - I on how to improve their shopping centres; move: (li) entering into a contract for consultancy for the Kalgoorlie Boulder Council; That so much of the sessional orders be suspended as would prevent notice of motion, general business, (lii) touting for business using a curriculum vitae no. 4, being moved and debated immediately following which includes his membership of the the asking of questions and the giving of answers to Victorian Parliament; and questions on notice during the sitting of the Council (iv) conducting business under the name of a this day. deregistered company Motion agreed to. and calls on the government to immediately remove Mr Atkinson as parliamentary secretary and to refer all Hon. R. I. KNOWLES (Minister for Health) - I the above matters to the Privileges Committee for it to move: investigate and detennine whether there have been breaches of the code of conduct prescribed by section 3 That so much of the sessional orders be suspended as of the Members of Parliament (Register of Interests) would prevent debate on notice of motion, general Act 1978. business, no. 3, taking precedence over other business until 2.30 p.m. during the sitting of the Council this day. Mr Atkinson has conducted a private retail consultancy business while he has been member of Motion agreed to. the Legislative Council since 1992 and while he has been the Parliamentary Secretary for Planning and PARLIAMENTARY SECRETARY FOR Local Government since April 1996. In conducting PLANNING AND LOCAL the retail consultancy business he has worked on at GOVERNMENT least 17 local government projects for which he has been paid up to $30 000. At the same time he has Hon. T. C. THEOPHANOUS (Jika Jika) - I move: been in a position to influence government policy through his position on the government's planning That this house notes with concern that the Honourable bills committee. He has spoken at least 16 times in B. N. Atkinson, by operating a private retail Parliament on local government bills or other consultancy business, has consistently been involved in government matters without once declaring to conflicts of interest between his public duties to the Parliament that he has had an interest. In some cases people of Victoria and his private interests and, in he has blatantly sought to reduce the level of particular, has: scrutiny prevailing in local government matters. On 20 May 1993, Mr Atkinson spoke in debate on the (a) between 1992 and 1995 while a member of the Local Government (General Amendment) Bill. Legislative Council: (i) failed to declare an interest in his retail Honourable members interjecting. consultancy and his contracts with local government when speaking on legislation The PRESIDENT - Order! The house is affecting the retail sector and local considering an extremely serious motion. It is not government; often that the house directs a motion against an individual member. As that is happening on this (ii) conducted a private retail consultancy business occasion, the house should hear the case that is being while a member of the planning bills PARLIAMENTARY SECRETARY FOR PLANNING AND LOCAL GOVERNMENT 184 COUNCIL Wednesday, 9 April 1997 put. No doubt there will be a similarly robust Hon. T. C. THEOPHANOUS - The interjection response. just shows how trivial government members are and how disinterested they are in scrutiny by this house. Hon. T. C. THEOPHANOUS - Thank you, The opposition has released documents showing Mr President. I am glad that you take this matter that the City of Williamstown faxed information seriously even if the government does not. On relating to Mr Atkinson's private consultancy work 20 May 1993 during debate on the Local to his office. A handwritten note also indicates the Government (General Amendment) Bill, council spoke to Mr Atkinson's electorate staff. Is Mr Atkinson spoke about local government Mr Atkinson now going to do a Mal Colston and departments that were to be abolished by the bill. He hide behind his electorate staff? Can we look says, as recorded at page 1094 of Hansard: forward to his trying to get his electorate staff to say his office was not used for the purposes for which it In my experience that department has operated as a was clearly used? It does not stop there. regulatory or policing body of local government. Many of its responsibilities were associated with chasing up Mr Atkinson has knowingly conducted his private pecuniary interest issues raised by aggrieved retail consultancy business under the name of a ratepayers. company that has been deregistered since 1994. This may involve breaches of the Trade Practices Act and That is what Mr Atkinson said in the house. In other the Corporations Law. The opposition has referred words, he not only welcomed but played an active those matters to the relevant authorities, but again a part in changing the legislation in relation to the pattern is established of absolute contempt for the local government department. The reason he gave to law and absolute contempt for process. Parliament for wanting the changes was that the department was preoccupied in chasing up Mr Atkinson has touted for business while a pecuniary interest issues. We now know why he was parliamentary secretary and member of Parliament, so concerned - he was seeking to protect himself in including using a curriculum vitae that includes his advance! He was seeking to hide his moonlighting membership of Parliament. He continued to run a activities. This Mal Colston of Victorian politics was private business while a parliamentary secretary in trying to avoid being caught. the same field. In other words, he was Parliamentary Secretary for Planning and Local Government and In addition, Mr Atkinson has used his parliamentary he is running a private business involved in resources to run his own business, including planning and local government. Does it ever occur to telephone calls and faxes in his parliamentary office this government that somehow this might involve a and government-paid calls from his home. We still conflict of interest? It obviously does not - not on do not know whether he used his electorate travel your life! allowance when he went to Western Australia or whether he has used it on other occasions when he As a result of all that I have mentioned, Mr Atkinson has touted for business. The opposition is seeking an should be immediately sacked as parliamentary inquiry into this matter because clearly secretary and the matters contained in the Mr Atkinson's office, home telephone and a range of opposition's motion should be referred to the other facilities provided by Parliament for use by parliamentary Privileges Committee. The opposition members in their constituencies has been used by calls on the government to refer these matters to the Mr Atkinson for his private business. Privileges Committee not only in the interests of public accountability but also to clear the air with a Hon. N. B. Lucas - On a point of order, full and proper investigation. This issue will Mr President, the standing orders of this place continue to hang over the government, Mr Atkinson clearly indicate that when addressing questions and this house until it is fully investigated and the members should do so through the Chair. public is satisfied there has been no impropriety. Mr Theophanous is continually addressing his comments to the camera. TItis is not a television The opposition believes the evidence is studio, it is a house of Parliament, and he should overwhelming that the matter should be referred to make his address through the Chair. the Privileges Committee for further investigation and determination of whether there have been The PRESIDENT - Everyone knows the rules. breaches of the code of conduct prescribed by Comments should be directed through the Chair so section 3 of the Members of Parliament (Register of they are depersonalised. Interests) Act. It is important for members to note PARLIAMENTARY SECRETARY FOR PLANNING AND LOCAL GOVERNMENT Wednesday, 9 April 1997 COUNCIL 185 exactly what that act says about the code of conduct Government Act, borrowing, reporting, the City of of members. Section 3(1) states: Camberwell, the Local Government (General Amendment) Bill, the City of Greater Geelong (a) Members shall - Bill-- (i) accept that their responsibility is to the performance of their public duty and therefore Hon. M. A. Birrell interjected. ensure that this aim is not endangered or subordinated by involvement in conflicting Hon. T. C. THEOPHANOUS - I did not say private interests. that. He spoke on local government reform, local government compulsory competitive tendering, Mr Atkinson has failed this test. Paragraph (c) states: local government reporting and local government elections. He spoke on all of those local government A member shall not receive any fee, payment retainer matters but not once did he bother to tell the house or reward, nor shall he permit any compensation to that he was out there touting for business in and accrue to his beneficial interest for or on account of, or working for local government.