Sunshine and darkness in Queensland a year after the Coaldrake Report

Sunshine and darkness - the Coaldrake Report
Final Report of the Coaldrake Report

The South East Queensland Community Alliance Inc. (SEQCA) recently made a submission about proposed Queensland legislation that responds in part to “Let the sunshine in”, the Final Report of Professor Peter Coaldrake’s Review of Culture and Accountability in the Queensland Public Sector (the Coaldrake Report).

The reforms, set out in the Integrity and other Legislation Amendment Bill 2023 are being considered in an inquiry by Queensland Parliament’s Economics and Governance Committee.

The Committee has now published various submissions to this inquiry.

Republished below is the SEQCA submission.

SEQCA submission on the Integrity and other Legislation Amendment Bill 2023

The SEQCA is an umbrella organisation for various
community groups. Our focus is on planning and governance issues at all levels of government.

We welcome the reforms set out in the Integrity and other Legislation Amendment Bill 2023 which
are intended to implement some of the recommendations made by:

  • Let the sunshine in: Review of culture and accountability in the Queensland public sector (Coaldrake Report); and
  • Strategic Review of the Integrity Commissioner’s Functions (Yearbury Report).

We also note that other recommendations from these reports have already been implemented in
the Integrity and Other Legislation Amendment Act 2022, passed by Parliament in November 2022.

Sunshine and darkness

While these various reforms may let a little more sunshine in, much of state and local government in
Queensland still operates in darkness.

The Coaldrake Report discussed Queensland’s Right to Information (RTI) laws and the role of the
Information Commissioner, and noted that:

“Decisions ultimately determined by the Information Commissioner influence the information
available to citizens who themselves are a valuable check on accountability of government” 1 .

However, the Coaldrake Report also noted that the “level of apprehension, even fear, within
departments about the consequences of being ‘caught’ by an RTI request” fosters a “culture
predisposed to nondisclosure” 2.

The Coaldrake Report recommended that:

“Cabinet submissions (and their attachments), agendas, and decisions papers be proactively
released and published online within 30 business days of such decisions” 3.

The Coaldrake Report also says that: “agencies should not be quick to agree to confidentiality
clauses which are proposed by sophisticated commercial parties to protect their own interests” 4.

The need for restraint in using confidentiality and commercial in confidence clause is then explained:

An agency can exercise its discretion to disclose information even where that information
qualifies for an exemption, but the RTI process cannot overcome a lack of transparency if
expectations are not clear in the procurement process about the openness and accountability
to the community that is required when dealing with government. Government procurement
policies provide that confidentiality and commercial-in-confidence clauses should not ‘be
used as a matter of course and only included where there is strong justification for
confidentiality’. As was noted in a 2018 report of the Queensland Audit Office, ‘the public has
a right to know how much public money government is spending, on what, and with which
vendors’ 5.

The Coaldrake Reports advocates a cultural shift to more openness in government, saying:

“It is to be hoped that acceptance of this Review’s recommendations, particularly the more ready
release of Cabinet documents, and its comments on the need for greater scrutiny over what is
deemed commercial-in-confidence, will provide the impetus for a cultural shift toward much more
openness in government” 6.

Government response to the Coaldrake Report

We note that in responding to receipt of the Coaldrake Report on 28 June 2022, the Premier said:

“We will accept all of his recommendations and we will implement them lock, stock and barrel”.7

The Premier also said that once these reforms were implemented, “Queensland will have the most transparent and accountable government in Australia’.

But a year later there seems to be no progress in ensuring that cabinet decisions will be made public
within 30 business days. Nor has the Government explained what measures it is taking to ensure
that commercial in confidence clauses will only be used “where there is strong justification for
confidentiality”.

Very recently, the Government said that more than $180 billion in procurement opportunities are
estimated to be available in the lead-up to the Brisbane 2032 Olympic Games. 8

Before this spending spree gets underway, the community should be given confidence that it will be
done with exemplary transparency. The community and media should have genuine rights to obtain
information about “how much public money government is spending, on what, and with which
vendors”.

We suggest that greater transparency (and integrity) should be achieved through Parliament
amending Queensland’s RTI laws to ensure that they better meet community expectations.

Current RTI exemptions such as ‘commercial in confidence’ should be reviewed and clarified
legislatively to ensure that the community can find out about matters of public interest occurring at
both the state and local levels of government.

Local Government laws

On the subject of local government, we note that despite many worthwhile reforms legislated in
recent years there is still too much scope for local governments to act secretively by declaring
matters to be confidential, thereby restricting access to reports and discussions at Council meetings.

So, reforms to Queensland’s RTI laws should be accompanied by amendments to local government
laws which significantly curtail the ability and proclivity of some local councils to keep matters secret
from their residents and ratepayers.

Thank you for the opportunity to make this submission.

Chris Walker
President
South East Queensland Community Alliance Inc.

References

1 Review of culture and accountability in the Queensland public sector | Final Report | 28 June 2022 p. 27
2 Ibid
3 Ibid p. 3
4 Ibid p. 65
5 Ibid
6 Ibid p. 29
7 “Lock, stock and barrel” Premier embraces Coaldrake Review, Government media release 28 June, 2022
8 Queensland businesses the big winners in lead-up to Brisbane 2032, Government media release, 20 July 2023

Cover image is by Fiktube


Environmental assessment in south east Queensland – and Planning Forum follow up

The South East Queensland Community Alliance (SEQCA) will hold two short events that will be held around midday on Tuesday 15 November 2022 at the South Bank campus of Griffith University, S02_6.37.

These events are open to the public. There is no need to book.

Strategic Environmental Assessment in SEQ

10:30 am to 12:00 noon

An update on the progress of the SEQ regional plan and its coordination and integration with Commonwealth strategic planning will be presented by Dr Liz Young, Director, Strategic Environmental Planning at the Queensland Department of Environment and Science.

There will be plenty of time for questions following Dr Young’s presentation.

Community Planning Forum Follow Up

SEQCA Community Planning Forum on 15 October 2022

12:30 pm to 1:30 pm

We received plenty of feedback after the Community Planning Forum on 15 October 2022, which was attended by more than 100 people.

Many people commented that there was inadequate time for questions and /or general discussion and/or strategizing about how we can work together to present a united front on planning issues of common interest to communities and individuals across the SEQ region.

To address these concerns, we are extending an open invitation to all members of the public to join us again on Tuesday 15 November 2022, from 12.30 am -1.30 pm.

We are keen to have a general discussion about how SEQCA can best serve your interests in 2023 and beyond, including strategic priorities and preferred activities for this umbrella organisation.

We realise not everyone will be able to make it to this event. If you are interested in having a say about the future direction for SEQCA or would like to let us know about topics and issues of interest to you (perhaps for discussion at future events), please feel free to let us know in advance of 15 November.

You can contact us by email to: president@seqalliance.org

South Bank campus of Griffith University

These two events will be held at the South Bank campus of Griffith University, next to South Bank parklands – very accessible to people using public transport including by train to South Bank Station..

SEQCA gratefully acknowledges the cooperation from Griffith University in making this venue available.

The South Bank campus of Griffith University is marked out in red

About the Southeast Queensland Community Alliance (SEQCA)

SEQCA is an alliance of community based non-government organisations concerned about governance and planning issues across the SEQ Region of Queensland. The alliance was formed to advocate community concerns about Queensland’s statutory planning system and its system of local government.

South East Queensland Community Alliance (SEQCA)

9 November 2022

NOTICE OF ANNUAL GENERAL MEETING 2022

The third Annual General Meeting of SEQ Community Alliance Assoc. Inc will be held on Tuesday 15th November 2022

Time: 9:00 am

Venue: Griffith University, South Bank Campus, 226 Grey St South Bank, Rm S02_6.37.

AGENDA

The business to be conducted at the Meeting is as follows: –

1. Opening of Meeting

2. Attendance, Apologies and Proxies

3. Confirmation of Minutes of the Inaugural Meeting of the Association held on 16 November 2021.

4. Chair’s Report

5.Treasurer’ Report

6. General Business

Representatives from our Member Groups are cordially invited to attend the AGM. If you are unable to attend, please nominate a proxy by completing the attached Proxy Form and return to: secretary@seqalliance.org  

Signed

 Rose Adams (Secretary)