Fifth Report — “Current Committee Confirmed: Clarifying the legal composition and powers of the Committee” — Tabling
HON ALISON XAMON (North Metropolitan) [10.07 am]: I am directed to present for tabling the fifth report of the Joint Standing Committee on the Corruption and Crime Commission entitled “Current Committee Confirmed: Clarifying the legal composition and powers of the Committee”.
[See paper 830.] [Paper 830 - Current Committee Confirmed — Clarifying the Legal Composition and Powers of the Committee (Report No. 5) (November 2017)
Hon ALISON XAMON: This report resulted from a level of controversy, predominantly in the Legislative Assembly, caused by the nomination of committee members for the Joint Standing Committee on the Corruption and Crime Commission at the commencement of the fortieth Parliament. It was argued that the appointment of two members of the government from the Legislative Assembly, and a member of the opposition and the Greens party from the Legislative Council, was contrary to legislation and defied established conventions. The position that was asserted persistently was that an opposition member from the Legislative Assembly should be appointed to the committee. This was not a view with which the government concurred. Reliance was selectively placed on some provisions in the Corruption, Crime and Misconduct Act 2003 and on past practice and convention. The raising of these objections had the effect of delaying the establishment of the committee and its work. It also created a level of uncertainty about the legal competence of committee members. Out of an abundance of caution, the committee resolved to seek the opinion of senior counsel to resolve the matter.
This report contains a number of findings based on the comprehensive opinion of Mr K.M. Pettit, SC. Mr Pettit is routinely chosen by the Parliament to independently provide advice. He is thanked for his prompt consideration of the issues raised and his unequivocal conclusions, which will ensure that future Parliaments will not be burdened by perceived uncertainty. Although this report was tabled in the Legislative Assembly on an earlier date when the Legislative Council was not sitting, I wanted to table the report in this house today so that I could draw members’ particular attention to it. In my view, this report affirms that the Legislative Council made the correct decision in appointing me to the committee. I would also like to thank the members in this house, who have all been very supportive of me in my appointment to the committee.