Q&A: Writer to fighter

Former journalist turned Queensland Integrity Commissioner, David Solomon, speaks to Adam Coleman.


Can you tell us a little about your career?

Almost my entire career has been as a journalist. I began in Sydney in 1962 and after 15 months moved to Canberra as the chief local reporter of The Canberra Times. Several years later I moved into the Parliamentary Press Gallery, first with The Canberra Times, then The Australian. I was The Australian’s chief political reporter and head of bureau for three years in the late 1960s, early 1970s. In 1975 I was Gough Whitlam’s public relations officer.

I had a visiting fellowship in politics at the Australian National University in 1976 and then completed a law degree.
When the High Court moved to Canberra in 1980 I began reporting on its activities (for The Financial Review) and also created a new journal covering the court, The Legal Reporter (it lasted 24 years).

In 1992 I moved to Brisbane to become the second chairman of the Electoral and Administrative Review Commission, one of the two bodies recommended in the Fitzgerald Report. When that finished I went back into journalism, as contributing editor of The Courier-Mail. I retired in 2005.

In 2007-8 I chaired the Independent Review of the Freedom of Information Act, set up by the Queensland Government, which resulted in the new Right to Information Act that came into effect on 1 July this year.

Between the early 1970s and 2006 I wrote (or co-authored – two with Laurie Oakes) 11 books on politics, government, the High Court and constitutional law.

In your view, are there any great similarities between the ethical dilemmas faced in journalism or law, and those of the public sector?

The ethical dilemmas vary across the professions. What is different about the public sector is the nature of the public duties that politicians and public servants have, including their obligations of trust and accountability and their duty to serve the public interest. Like everyone else, people in the public sector have private interests as well.

What is the primary role of the Integrity Commissioner? Is the role more guide dog than watchdog?

The main task of the Queensland Integrity Commissioner is to help ministers and others avoid conflicts of interest that arise between their public duties and their private interests.

The reason for the establishment of the office, 10 years ago, was to encourage confidence by the public in the institutions of government, and help achieve the proper resolution of conflicts of interest.

There are more than 5000 people in the public sector in Queensland who have been designated as being able to seek the Commissioner’s advice – though only about 40 do so each year.

The Integrity Commissioner can also give advice to the Premier, if asked, on other issues concerning ethics and integrity, including standard-setting in those areas.

If a senior public official or a politician does have a conflict of interest, they have seven days to resolve it to the Commissioner’s satisfaction. What are the implications if the conflict of interest is not resolved?

The Commissioner’s advice is confidential (though it can be made public by the person who receives it).

If a person fails to resolve a conflict within seven days of being given advice, the Commissioner must report it to the Premier. That has not happened – in every case dealt with by the Commissioner the conflict of interest has been resolved satisfactorily.

I understand you have been involved with politicians and public servants for more than 40 years. During that time have you witnessed a change in ethical behavior within the public sector?

I’m sure that the work of politicians and public servants has become a great deal more complex during the 40 years I have been observing them, and it may be that there are far more potential conflicts that they face. But there is probably a lot more guidance available for them.

Your predecessor, Gary Crooke QC, helped establish a ban of up to two years on former ministers dealing with current Cabinet members and top officials in any area in which they had responsibility when they were in government. Is this a view you share?

Following a report by the Crime and Misconduct Commission at the end of 2008, the Queensland Government introduced changes to the code of conduct for ministers to prevent them having dealings with government for two years after they leave office – as Gary proposed.

This significant advance also applies to senior people in the public service (though, like parliamentary secretaries, only for 18 months). The new provisions covering lobbying impose limitations on current ministers and public officials dealing with those former ministers/employees also to a similar effect.

What are some of the conflict of interest matters that you expect to encounter and provide advice about?

The areas where conflicts of interest can arise include such matters as family involvement or the interest of relatives in areas of the official’s decision-making, shareholdings, providing official references for people or commercial institutions, accepting hospitality, membership and/or patronage of local community organisations and the business activities of a spouse.

One of the aspects of your role is to build the public’s awareness about ethical issues. How do you propose to do this?

My own role in building public awareness about ethical and integrity issues I expect will come mainly from giving speeches at conferences, giving interviews and writing in relevant publications.

For more information visit www.integrity.qld.gov.au.

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