Rachel Siewert (WA, Australian Greens) Share this | Link to this | Hansard source

asked the Minister representing the Attorney-General, upon notice, on 27 November 2012:

(1) Is the Attorney-General aware of allegations made in October 2012 media coverage relating to an undeclared conflict of interest by the former Western Australian State Manager for the National Native Title Tribunal (NNTT), which would be a contravention of state NNTT policy.

(2) Can copies be provided of the NNTT policy provisions relating to conflict of interest declarations by staff in place prior to October 2012.

(3) If the former State Manager was responsible for oversight of any NNTT issues relating to Yindjibarndi matters while in her position, does the Attorney-General consider the former State Manager in breach of any conflict of interest provisions, given that she is reported to have been serving as an MGA Consulting director, her husband was engaged by the Wirlu-murra Yindjibarndi Aboriginal Corporation and her daughter was employed by Fortescue Metals Group (FMG); if so, can the Attorney-General detail the nature of this oversight; if not, why not.

(4) Has the Attorney-General or NNTT conducted any investigations into claims by solicitor Mr Kerry Savas that the former State Manager's partner, former FMG anthropologist Mr Michael Gallagher, was in regular consultation with the former State Manager in relation to current Yindjibarndi Aboriginal Corporation and FMG related native title issues; if so, what are the results of these investigations; if not, why not.

(5) Is the Attorney-General aware of any other NNTT employees who may have similar conflicts of interest in the exercise of their duties as a result of similar connections to mining companies operating in Western Australia.

(6) Is any of this information currently available to the public; if not, why not and will the Attorney-General take steps to ensure that such information is made available to the public; if not, why not.

(7) To the Attorney-General's knowledge, have all such conflicts of interest been properly declared by relevant persons in accordance with current NNTT policy.

(8) Has the Attorney-General or NNTT conducted any investigations, sent any directives to NNTT staff or taken any other measures since October 2012 to ensure that all NNTT employees comply with the relevant NNTT provisions on conflict of interest; if so, can copies of the results of such investigations or staff directives be provided; if not, why not.

(9) With reference to comments made by the former State Manager in April 2012 when The Australian reportedly asked if she had declared her relationship with Mr Gallagher, to which she stated that the NNTT President, Mr Graeme Neate, had knowledge of the relationship, has the Attorney General sought clarification on this matter from the NNTT President; if not, why not.

(10) Has the Attorney-General received any communications from the NNTT President on this matter; if so, can copies or a description of the substance of any such communications be provided; if not, why not.

Joe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

The Attorney-General has provided the following answer to the honourable senator's question:

(1) Yes.

(2) Yes. Five relevant policies are attached (available from the Senate Table Office), which were in place before October 2012:

(3) The former State Manager did not directly oversee any NNTT issues relating to Yindjibarndi matters in her role as WA State Manager. The former State Manager was responsible for managing the human, financial, information and administrative resources of the NNTT's WA registry. She had certain delegated functions and powers under the Native Title Act 1993 including to notify parties, States and Territories and Native Title Representative Bodies of native title applications (ss 66 and 66A) and to give assistance to applicants, respondents and others (s 78). In practice, these functions were usually exercised by other WA delegates, in particular regional and case managers. The former State Manager also exercised certain statutorily delegated functions under the Public Service Act 1999 and the FinancialManagement and Accountability Act 1997 and related regulations. The WA State Manager role (which has not existed since June 2012 following an organisational restructure) did not involve having direct responsibility for the management or administration of any native title matter or matters. Particular future act matters, including those relating to Yindjibarndi Aboriginal Corporation, are managed and heard by independent members of the NNTT appointed under s 111 of the Native Title Act 1993. Native title claims were mediated by independent members of the NNTT assisted by NNTT case managers.

(4) The Attorney-General has not conducted an investigation into the allegations.

The position of WA State Manager was declared redundant in June 2012, and Ms Lillian Maher left in the NNTT in August 2012. During her employment, Ms Maher was bound by the Australian Public Service (APS) Code of Conduct in 13(7) of the Public Service Act 1999.As Ms Maher has now left the employment of the APS, a code of conduct investigation cannot lawfully be pursued by the NNTT agency head under s 15 of the Public Service Act 1999. The NNTT has engaged a consultant (pursuant to the NNTT Registrar's powers to engage consultants under s 132 of the Native Title Act 1993) to review the allegations and the NNTT's procedures and processes for identifying, declaring and managing conflicts of interest. It is anticipated that this review will be completed in February 2013.

(5) No. The NNTT Registrar published an intranet direction on 13 December 2012 (attached) to all employees requesting they complete a Declaration of Interests template. The Attorney-General wrote to the NNTT President in January 2013 (attached) requesting confirmation of full compliance with this request before March 2013.

(6) No. Conflict of interest declaration forms are completed by each employee and kept on file by the NNTT Registrar. They are not publically available as they contain personal information as defined by s 6 of the Privacy Act 1988. Personal information may only be disclosed in the specific circumstances listed in in Regulation 9.2 of the Public Service Regulations 1999 or s 14 of the Privacy Act 1988 (Information Privacy Principle 11). This includes situations in which the individuals are aware that their information is usually passed on or have consented to its disclosure, or disclosure is necessary to avoid threats to life or health, required or authorised under law or reasonably necessary for the enforcement of the criminal law.

(7) See answer to (5) above.

(8) Yes. In addition to the review outlined in (4), and the intranet direction outlined in (5), the NNTT to date has taken the following measures to ensure compliance with relevant conflict of interest policies:

(9) Yes. The Attorney-General's Department sought clarification from the NNTT President who stated that he was aware of Ms Maher's relationship with Mr Gallagher but was not aware of her role in MGA Consulting.

(10) No. While the Attorney-General's Department sought clarification from the NNTT President as outlined at (9), the Attorney-General has not received any formal correspondence from the NNTT President. The Attorney-General wrote to the NNTT President in January 2013 (attached), and will publish this letter on the Attorney-General's Department website at www.ag.gov.au.