The Western Australia Government has introduced an amendment bill into State Parliament that would give the state’s Auditor General easier and clearer access to sensitive information.
The new express statutory rights are intended to boost government transparency and accountability.
In a statement, the Government said that the reforms “will overcome long-standing deficiencies in the existing legal framework, which have inhibited successive Auditors General from accessing highly sensitive information, including that which is subject to Cabinet confidentiality, legal professional privilege, and other claims of public interest immunity”.
For many years, there has been doubt about the Auditor General’s right to access this kind of information.
Back in 2015, the then Auditor General, Colin Murphy, pointed out the need to clarify the legal framework, and situation was also noted by the Joint Standing Committee on Audit in 2016 in its review of the current Act.
Two years later in 2018, the Langoulant report recommended the matter be addressed.
The new bill will, if passed, enshrine the Auditor General’s right to access such information, while also ensuring that confidentiality will be maintained, such as by limiting public disclosure of material that is privileged or subject to an immunity.
Some specific examples of the AG’s new rights would be:
- A statutory right of access to cabinet documents; presently, cabinet permission is required.
- Access to legal advice
- Electronic access to cabinet documents; presently, AG staff have to physically attend the Department of Premier and Cabinet to view such documents
“These reforms represent another step by this Government in providing the public assurance that the decisions and actions of Government are accountable, and that public money is spent appropriately,” said the Premier, Mark McGowan.
“The legislation clearly expresses the Auditor General’s right to access highly sensitive information to carry out their statutory functions while adopting sufficiently rigorous processes to ensure the material is managed appropriately,” added the Attorney General, John Quigley.
“This legislation will ensure that the confidentiality of materials, including those subject to legal professional privilege, will continue to be maintained.”
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