Department of the Legislative Assembly, Northern Territory Government

Mr CONLAN - 2008-09-10

In the words of the Coroner, you sit at the top of the tree in respect of responsibility for the operation of the Department of Health, as illustrated in this chart from the Department of Health and Community Services Annual Report 2006-07. Do you accept responsibility for the nurse staffing crisis at Royal Darwin Hospital at the time of Mrs Winter’s death?

ANSWER

Madam Speaker, it is important now that we have arrived at this very question about responsibility and the comments by the Coroner. Let us turn to what the Coroner actually had to say in relation to this particular matter, and let us lay it on the record within this parliament. I quote from paragraph 49 of the Coroner’s findings in the report:
    The administrative tree for Acute Health in 2006 at the departmental level was (from the top down) the Minister, the CEO (Mr Robert Griew) and then the Assistant Secretary Acute Health (Mr Peter Campos). One step down, at the Royal Darwin Hospital level, was the General Manager (Mr Robin Michael).

The next sentence is absolutely crucial to this whole issue, and I will read it out. It says:
    In early 2006, the CEO of the Department of Health withdrew the delegation to appoint Royal Darwin Hospital staff from the General Manager and gave it to the Assistant Secretary, that is to Mr Campos. This was instituted because the Department wanted staffing levels contained for budgetary reasons. The delegations were reinstated in 2006.

Madam Speaker, the Coroner clearly identifies who has responsibility for directing the removal of delegations ...
    Members interjecting.
Dr BURNS: Madam Speaker, turning to the issue of responsibility. If I had given a direction to the department to withdraw those delegations, I would be responsible and I would be prepared to resign as Health Minister ...
    Members interjecting.

Madam SPEAKER: Order, order!

Dr BURNS: That is not the case, and it could not be the case because, if members opposite understood the Public Sector Employment and Management Act, they would understand that it is within the purview of the CEO and his delegates to remove delegations, to reinstate delegations. It is not the purview of the minister. I state again: if I had given a direction for the removal of those delegations, which the Coroner found were a crucial part in the preventable death of Mrs Winter, I would be responsible and I would resign.
Last updated: 09 Aug 2016