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Queensland’s Truth Telling Commission breaches Westminster and election conventions

By Scott Prasser - posted Friday, 25 October 2024


It is for the government to criticise the opposition's policies not a supposedly independent commission of inquiry.

Making matters worse was that the Truth Commission's comments were made during the current Queensland election campaign when 'caretaker conventions' have been officially evoked by the government.

Caretaker conventions seek to ensure public resources and actions by public officials are not misused during an election to favour any political party, especially the incumbent government. This raises the issue whether a government appointed and funded body like the Truth Telling Commission, by becoming involved in a political issue during an election campaign, is in breach of those conventions.

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While Queensland's 'Guidelines on the Caretaker Conventions' do not explicitly cover issues concerning public officials making public comments, unlike in other jurisdictions like the ACT, it is an accepted convention and practice that all officials, including those leading a commission of inquiry, exercise restraint in their public comments during these sensitive times.

In Westminster democracies it is respect for such conventions that are as important in ensuring democratic practice and integrity as any detailed written constitutional or legislated provisions.

Former prime minister Morrison's secret appointment of himself to control five additional departments of state while not illegal or strictly unconstitutional was nevertheless seen to have undermined the principles of responsible government and its underlying conventions.

The chair of Queensland's Truth Telling Commission needs to consider his position. Many consider comments made about LNP's policy were highly political showing an actual, as opposed to a 'apprehended bias', and therefore he should resign immediately. An apology to the current LNP leader of opposition would be inadequate. Unless this happens any good work which the commission might do prior to the election, will be completely undermined.

 

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This article was first published on Policy Insights.



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About the Author

Dr Scott Prasser has worked on senior policy and research roles in federal and state governments. His recent publications include:Royal Commissions and Public Inquiries in Australia (2021); The Whitlam Era with David Clune (2022), the edited New directions in royal commission and public inquiries: Do we need them? and The Art of Opposition (2024)reviewing oppositions across Australia and internationally.


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