Mr BURKE - 2002-02-27
I refer again to the memo from the Commissioner of Corrections to the CEO of the Department of Justice tabled in parliament yesterday. I remind the minister, and I hope he is aware, the allegation made at the time yesterday centered on whether the then minister for Corrections or his staff had bypassed the commissioner and issued instructions directly to prison officers. We accept totally what the commissioner says, that is that he received no such direction. I refer you to your comments made in the previous question and I ask you this: Can you now confirm that the commissioner has told you, or your CEO that this denial extends to all prison officers under his command?
ANSWER
Madam Speaker, I certainly can on the oral discussions I have had with Commissioner Dave Moore. He has indicated not only did he receive no instructions of that sort, but that it would be totally unconscionable that members of his service would have received that instruction without him being aware of it.
Mr Burke: He is not aware or he didn’t have it?
Dr TOYNE: Sorry - without him being aware of it.
Mr Burke: He is not aware of it?
Dr TOYNE: Well, excuse me. Madam Speaker, I think …
Members interjecting.
Madam SPEAKER: Order, order!
Dr TOYNE: We have already put enough words into the commissioner’s mouth. Let’s not keep doing it. He is listening to this broadcast by the way, so I would be quite happy to clear up the matter you raised in the previous question while we are at it.
The exact advice that I received from the commissioner is that, not only did he receive no instructions from the minister or his staff to that effect, but he believes it would be totally unlikely, if not impossible, for other members of his staff to have received such instructions without him being aware of it. The reason for that is the protocols, which I outlined in the answer to the previous question, involve the commissioner signing off on each flight before it is actually leaving. He was aware at the time of the various flights that I elaborated on earlier, of the time of the flight, the prisoners and personnel who were going on the flight, and had a final sign-off. If there are going to be any changes to those arrangements, according to the alleged directions that you are pursuing, he would be aware of that, because he has to be the final sign-off point.
In regard to the issue of the flight of 9 November, the commissioner, as I said, is listening to this broadcast, he has phoned through the following information: that the transfer on 9 November was one which was due to occur when the minister was out bush, notably at Roper River. The only abnormal effect in that flight being sent off was not the timing of the flight, not the prisoners taken, not the personnel that went with it - simply that he had to deal with the minister’s staff instead of the minister to inform that that flight was going down.
That was the only abnormal thing, and that was quite clearly identified in the protocols that the department is following - that in accordance with protocols developed under the former government, the minister of the day is notified of the commissioner’s decision as there is inevitably intense interest in the matter. He was simply following the protocols. He had difficulty in getting to the minister because he was out bush. He then switched to informing the minister’s staff that the flight was due to go.
ANSWER
Madam Speaker, I certainly can on the oral discussions I have had with Commissioner Dave Moore. He has indicated not only did he receive no instructions of that sort, but that it would be totally unconscionable that members of his service would have received that instruction without him being aware of it.
Mr Burke: He is not aware or he didn’t have it?
Dr TOYNE: Sorry - without him being aware of it.
Mr Burke: He is not aware of it?
Dr TOYNE: Well, excuse me. Madam Speaker, I think …
Members interjecting.
Madam SPEAKER: Order, order!
Dr TOYNE: We have already put enough words into the commissioner’s mouth. Let’s not keep doing it. He is listening to this broadcast by the way, so I would be quite happy to clear up the matter you raised in the previous question while we are at it.
The exact advice that I received from the commissioner is that, not only did he receive no instructions from the minister or his staff to that effect, but he believes it would be totally unlikely, if not impossible, for other members of his staff to have received such instructions without him being aware of it. The reason for that is the protocols, which I outlined in the answer to the previous question, involve the commissioner signing off on each flight before it is actually leaving. He was aware at the time of the various flights that I elaborated on earlier, of the time of the flight, the prisoners and personnel who were going on the flight, and had a final sign-off. If there are going to be any changes to those arrangements, according to the alleged directions that you are pursuing, he would be aware of that, because he has to be the final sign-off point.
In regard to the issue of the flight of 9 November, the commissioner, as I said, is listening to this broadcast, he has phoned through the following information: that the transfer on 9 November was one which was due to occur when the minister was out bush, notably at Roper River. The only abnormal effect in that flight being sent off was not the timing of the flight, not the prisoners taken, not the personnel that went with it - simply that he had to deal with the minister’s staff instead of the minister to inform that that flight was going down.
That was the only abnormal thing, and that was quite clearly identified in the protocols that the department is following - that in accordance with protocols developed under the former government, the minister of the day is notified of the commissioner’s decision as there is inevitably intense interest in the matter. He was simply following the protocols. He had difficulty in getting to the minister because he was out bush. He then switched to informing the minister’s staff that the flight was due to go.
Last updated: 09 Aug 2016