Minister for Education and - Queensland Parliament€¦ · 1 jenclosel herewith page 4696 of Hansard dated 30 November 2016. I have reproduced the relevant excerpts from the transcript

Minister for Education and QuHnsland Governmenl

Minister for Tourism and Major Events

Hon Peter Wellington MP

Speaker of the Legislative Assembly

Alice Street

BRISBANE QLD 4000 Tabled

level 37 lWS

l WUll1m Street Bri,bane 4000

PO Box 15033 Clly (ISi

Quun~llnd 4002 Aui tr1tl1

Telephone •61737197530

Emall: educatlon'-'>mln l.s t~ul1 l.qld.1ov.au

' ~t \/ Dear Mrf eaker,

Incorporated, by IC;J\'C

1«-m .. intlcr incorpo1 a itd. ' 'k:t\'C !

Clc•rk al the Tahk:

I refer to an article in The Australian today, Release of audit angers P arson, a copy of which

is attached for your reference.

The article alleges I misled the Parliament on 30 November 2016, when answering a

question without notice asked by the Member for Cook, Mr Billy Gordon MP.

The Member for Cook queried if either the Director-General of Education or myself had

provided the internal audit reports relating to Cape York Academy and/or the Cape York

Aboriginal Australian Academy to the Australian Broadcasting Corporation or any other

media outlet.

In my response, I stated "My understanding is that the audits were undertaken by the

department of education and that they were released to the ABC under the right to information legislation."

Mr Speaker, I submit I have not committed the offence of contempt of Parliament.

There are three elements to be proven in order to establish that a Member has committed

the contempt of deliberately misleading the House:

1. The statement must have been misleading;

2. The Member making the statement must have known, at the time the statement

was made, that it was incorrect; and

3. In making the statement, the Member intended to mislead the House.

I will deal with each of the elements in turn.

.... '

1. The statement must have been misleading

The article in the Australian states:

The informal release of documents con tradicts a statement by Ms Jones to the

Queensland parliament that the audits undertaken by the department were

"released to the ABC under the right to information legislation".

I submit, Mr Speaker, the article does not capture the context and entirety of the exchange

between myself and the Member for Cook.

1 jenclosel herewith page 4696 of Hansard dated 30 November 2016.

I have reproduced the relevant excerpts from the transcript below, for your convenience.

Mr GORDON : My question is to the Minister for Education and Minister for Tourism

and Major Events. In reference to the confidential internal audit reports relating to the Cape

York Academy and/or the Cape York Aboriginal Australian Academy, is it the education

department or Good to Great Schools Australia which has the responsibility for these

confiden tial internal audit reports? Can the minister confirm if either the minister and/or the

Director-General of Education has provided any related documents including the internal audit reports, associated documents and correspondence to the Australian Broadcasting

Corporation or any other media outlet?

Ms JONES: I thank the honourable member for his question. I am happy to sit down

with him and discuss the multiple questions that were in the question from the member for

Cook, but I can say this: all decisions that I make as the Minister for Education are about

ensuring that we deliver the best possible education for every single child no matter where

they live in this state, and that includes the children of Aurukun. That is why in the last f ew months we have run a very detailed selection process to put a permanent principal - one of

the highest qualified principals - in Queensland- into that school. I want to acknowledge

and thank the principal who will be starting there next year for his enthusiasm about this

job, because we know there are great things happening in the Aurukun school.

I can assure the member for Cook that all of my dealings in relation to Aurukun and Good to

Great Schools have been in good faith and focused on putting children and children's learning first . I will not be distracted by name-calling or by people making comments and

releasing private documents publicly. My focus, as I am sure every single member of the

House would want of me, is on the good quality outcomes of learning in that school. That is

exactly what I will do day in and day out.

Mr SEENEY: Mr Speaker, I rise to a point of order on relevance. The question from

the member for Cook was fairly simple. It asked who was responsible for the audits and

whether the department has provided the audits to the ABC. The minister has not gone near

2

either of those elements of the question and I think that in the interests of providing a

reasonable answer to the member for Cook she should answer the question.

Mr SPEAKER: The minister indicated that she was going to take the matter up with

the member for Cook.

Opposition members interjected.

Mr SPEAKER: Order! Members, let me finish. Resume your seat, member for Collide;

I have not finished. It appeared to me that there were a number of questions in the answer.

There was not just one question; there was a series of questions. Does the minister have

anything further to add?

MS JONES: Yes, Mr Speaker. My understanding is that the audits were undertaken by the department of education and that they were released to the ABC under the right to

information legislation.

It is on the basis of the above evidence the article asserts I misled Parliament.

Mr Speaker, as you would be aware when the Right to Information Bill was introduced in

2009, the former Premier Anna Bligh said in her second reading speech :

The introduction of this bill ... represents a significant step forward f or democracy in

Queensland, and demonstrates the Queensland government's commitment to

openness and transparency.

The Right to Information Bill establishes a right to information for Queens/anders. The objects and operational clauses of the bill emphasise that information is to be

released administratively unless there is a good reason not to, with applications

under the legislation to only be an avenue of last resort.

Further to this, Mr Speaker, the Right to Information Act 2009 contains a preamble setting

out Parliament's reasons for enacting th is legislation.

Preamble

Parliament's reasons for enacting this Act are -

1 Parliament recognises that in a free and democratic society-

a. There should be open discussion of public affairs; and b. Information in the government's possession or under the government's

control is a public resource; and

3

c. The community should be kept informed of government's operations,

including, in particular, the rules and practice followed by government in

its dealings with members of the community; and

d. Openness in government enhances the accountability of government; and

e. Openness in government increases the participation of members of the

community in democratic processes leading to better informed decision

making; and

f. Right to information legislation contributes to a healthier representative,

democratic government and enhances its practice; and

g. Right to information legislation improves public administrations and the

quality of government decision-making; and

h. Right to information legislation is only 1 of a number of measures that

should be adopted by government to increase the flow of information in

the government's possession or under the government's control to the

community.

2 The Government is proposing a new approach to access to information.

Government information will be released administratively as a matter of

course, unless there is good reason not to, with applications under this Act

being necessary only as a last resort.

3 It is Parliament's intention to emphasise and promote the right to

government information. It is also Parliament's intention to provide a right of

access to information in the government's possession or under the

government's control, unless, on balance, it is contrary to the public interest

to provide the information. This Act reflects Parliament's opinion about

making information available and the public interest.

The legislation considers administrative access as a means to accessing information.

It is my belief that the pro-disclosure bias of this legislation is fundamental to upholding the

principles of a free and democratic society.

In addition to this, section 132 of the Act provides the Information Commissioner with the

power to issue guidelines about a matter for, or in connection with, any of the

commissioner's functions. Subsection (3)(j) notes best practice fo r administrative access

schemes are included.

The Office of the Information Commissioner's guidelines on Administrative release of

information st ate :

A formal application for government-held information under the RT/ or IP Act should

only be made as a fast resort. Therefore agencies need to assess whether additional

4

or enhanced administrative access schemes can help to reduce the need for formal

applications under the RT/ or IP Act.

Administrative release is a discretionary process but the framework for release is

based on the same philosophy underpinning the RT/ and IP Acts.

I note section 44(4) of the RTI Act provides:

Pro-disclosure bias in deciding access to documents

(4) However, it is the Parliament's intention that this Act should be administered

with a pro-disclosure bias and an agency or Minister may give access to a

document even if this Act provides that access to the document may be

refused.

I am advised on 28 September 2016, the Department of Education and Training received a

right to information application from the ABC regard ing the Cape York Institute, Cape York

Partnership and Good to Great Schools Australia . The request was wide ranging, seeking

documentation from 2007 to 2016.

I am advised the applicant narrowed the scope of the request, which was confirmed with

the Department on 11 October 2016.

The request was as follows:

The reports issued in October 2014 and February 2016, developed by the internal

audit branch of DET, in relation to audits conducted across the three campuses of

CYAAA in July 2014 and August 2015 and referenced in the report: "Review of school

education in Aurukun, School Improvement Unit 2016".

I am advised on 27 October 2016, the Department decided to release the information

administratively to the applicant.

Mr Speaker, when I took office as the Minister for Education I delegated my decision making

authority on right to information applications to the Department of Education and Training.

On 30 November 2016, when asked whether "the department had provided the audits to

the ABC", I responded that it was my understanding that they were released to the ABC

under the right to information legislation. I submit, Mr Speaker that the legislation refers to

and considers administrative access as a means of providing information.

5

I submit, Mr Speaker that my statements do not contain any apparent or proven factually

incorrect matter, nor were my statements misleading.

I now turn to the second element that must be proved.

2. The member making the statement knew at the time the statement was made that it

was incorrect

Even if the committee were to find that my statement was misleading, in order to constitute

a contempt of Parliament it must be establ ished that I knew at the time that the statement

was made that it was inaccurate.

Mr Speaker, within the broader context of the principles underpinning the legislation and

the pro-disclosure bias contained therein, I believe I was correct in saying the application

had been released under the legislation given the emphasis in the Act on proactive release

of information.

I understand that the application was withdrawn in order for the Department to release the

documents administratively, however, the administrative access scheme is considered in the

legislation as a means to access information.

I submit that my statement does not constitute a misleading statement and that I was not

aware at the time of making the st atement t hat it was incorrect. As submitted above, I

believe my stat ements to be true and I bel ieve they are not misleading.

I now turn to the third element.

3. In making the statement, the Member intended to mislead the House.

In order to prove that a Member intended to mislead the House, it must be established that

the Member deliberately made the statement, knowing it to be false with the intention of

misleading the House.

My int ention in making the above statement, Mr Speaker, was to answer the questions put

to me by the Member for Cook.

My intent ion in making the statement was to comprehensive ly answer the question

directed at me.

I believed the st atements to be true, and had reasonable grounds for so believing. i sought

clarity prior to the Parliamentary sitting and was advised by the Department the documents

were released administratively, which is consistent with the pro-disclosure bias of the

legislation. Therefore, I did not believe my statement to be misleading either at the time I

6

made it or at the present time. However, if this is not accepted, I give my assurance to you,

Mr Speaker, that it was not my intention to mislead the House.

Based on the information I have provided, I do not believe I have intentionally misled the

House. I hope this assists in resolving this matter.

Hon Ka Jones MP Minister for Education

Minister for Tourism, Major Events, Small Business and the Commonwealth Games

Member for Ashgrove

7

EJ~ ·. rfl· -·-n -- -[)j •' -.

15 Dec 2016 The Australian, Australia

Author: Geoff Chambers • Section: General News • Article type : News Item Classification: National• Audience: 97,419 •Page: 8 ·Printed Size: 276.00crn• Market: National· Country: Australia· ASR: AUD 5,578 •Words: 619 Item ID: 700632181

~isentia .mediaportal

Queensland Government

Licensed by Copyright Agency. You may only copy or communicate this work with a licence. Page 1of2

Release of audit angers Pearson EXCLUSIVE

CEO!+ CHA ~lUl RS QUEENSLAND RUREAU CHIEF

Cape York leader Noel Pearson has lodged a complaint with the Queensland Crime and Conuption Commission and the Ombudsman's office after state Education Minister Kate Jones' department "informally released" to the ABC sensitive documents relating to Good to Great Schools Australia.

Intemal reports undertaken by the department on the operation of the Aurukun school at Cape York were released outside the state's Right To lnfonnation Act.

The informal release of documents contradicts a statement by Ms Jones to the Queensland parliament that the audits undertaken by the depa1iment were "released to the ABC under the l'ight to information legislation".

Under the legislation, a con· cemed thil'd patty is supposed to be ale1ted when sensitive documents are released, but in this case Mr Pearson and GGSA were not infonned

Weeks after an right to information application was lodged by the ABC, documents were "informally released" on October 27, the same day ABC reporter James

Thomas sat down to inte1view Ms Jones about a ''confidential" audit of the Cape York Academy.

From that report, Mr Thomas selected excerpts which he claimed showed financial mismanagement involving GGSA.

The Australian had earlier reported it wasn't GGSA that had caused financial issues but rather poor bookkeeping by Queens· land bureaucrats.

l n his official complaint against the department and director-general Jim Watterston, sent late yesterday, Mr Pearson highlighted that the 2015 Cape York Academy Audit report was a "confidential report" prepared by the department's internal audit branch.

Mr Pearson said under section 37 of the Right to Information Ac1, GGSA should have been considered a "third party" needing to be consulted, with references made in the rep01t to commercial arrangements, student management, and human resource management.

"The consultation process in

section 37 is mandatory and designed to protect U1e interests of third parties (such as GGSA) who may be affected by U1e release of a document of an agency."

Mr Pearson, who has strongly

criticised the ABC's coverage of indigenous affairs, said the depa1tment's release of the audit report wa~ "unlawful; improper and an abuse of process".

"The 2015 Cape York Academy Audit Report was released to the ABC at a time when the Queensland Audit Office was unde1taking a review and audit of Cape York Academy at Aurukun ... and thus the release of the 2015 Cape York Academy Audit Report did or had tl1e potential to prejudlce that investigation," he said.

"As a result of the ABC's publication based on release of the 2015 Cape York Academy Audit Report, GGSA suffered reputation damage.''

Weeks after its initial report on GGSA, the ABC aired accusations of intimidation made against Mr Pearson, quoting a June letter sent by Dr Watterston.

While admitting the A BC had successfully sought the internal departmental reports, a department spokeswoman refused to confirm that Dr Wattcrston's letter was also released to the ABC. She confirmed that internal audit reports were released to the ABC "informally".

"A right to information application was received seeking access to internal reports," she said.

15 Dec 2016

The Australian, Australia

Author: Geoff Chambers • Section: General News • Article type : News Item Classification: National• Audience : 97,419 •Page: 8 •Printed Size: 276.00cm' Market: National• Country: Australia· ASR: AUD 5,578 ·Words: 619 Item ID: 700632181

~isentia.mediaportal

Licensed by Copyright Agency. You may only copy or communicate this worl< with a licence.

The informal release allowed the department to circumvent alerting Mr Pearson and his associated organisations, as is dictated by l egislation.

Cook MP Billy Gordon, who represents the vast cape including Aurukun, has grilled Ms Jones in parliament over her role in the release of information regarding Cape York Academy.

"I still have concerns that the minister and or her public servants have not followed due process at all," Mr Gordon said.

"This has all the hallmarks of a leak designed to damage the work of Cape York Academy with little regard for the education opportunities for the children of Aurukun."

A spokesman for Ms Jones said she stood by her comments to Queensland parliament when she said documents were released according to legislation.

Queens\1nd Governml'nt

Page 2 of 2

4696 Questions Without Notice 30 Nov 2016

Cape York Aboriginal Australian Academy, Audit Reports

Mr GORDON: My question is to the Minister for Education and Minister for Tourism and Major Events. In reference to the confidential internal audit reports relating to the Cape York Academy and/or the Cape York Aboriginal Australian Academy, is it the education department or Good to Great Schools Australia which has the responsibility for these confidential internal aud it reports? Can the minister confirm if either the min ister and/or the Director-General of Education has provided any related documents including the internal audit reports, associated documents and correspondence to the Australian Broadcasting Corporation or any other media outlet?

Ms JONES: I thank the honourable member for his question. I am happy to sit down with him and discuss the multiple questions that were in the question from the member for Cook, but I can say this: all decisions that I make as the Minister for Education are about ensuring that we deliver the best possible education for every single child no matter where they live in this state, and that includes the children of Aurukun. That is why in the last few months we have run a very detailed selection process to put a permanent principal-one of the highest qualified principals in Queensland-into that school. I want to acknowledge and thank the principal who will be starting there next year for his enthusiasm about this job, because we know there are great things happening in the Aurukun school.

I can assure the member for Cook that all of my dealings in relation to Aurukun and Good to Great Schools have been in good faith and focused on putting children and children's learning first. I will not be distracted by name-calling or by people making comments and releasing private documents publicly. My focus, as I am sure every single member of this House would want of me. is on the goodquality outcomes of learning in that school. That is exactly what I will do day in and day out.

Mr SEENEY: Mr Speaker, I rise to a point of order on relevance. The question from the member for Cook was fairly simple. It asked who was responsible for the audits and whether the department has provided the aud its to the ABC. The minister has not gone near either of those elements of the question , and I think that in the interests of providing a reasonable answer lo the member for Cook she should answer the question.

Mr SPEAKER: The minister indicated that she was going to take the matter up with the member for Cook.


Mr SPEAKER: Order! Members, let me finish. Resume your seat, member for Callide; I have not finished. It appeared to me that there were a number of questions in the answer. There was not just one question; there was a series of questions. Does the minister have anything further to add?

Ms JONES: Yes, Mr Speaker. My understanding is that the audits were undertaken by the department of education and that they were released to the ABC under the right to information legislation.

Townsville, Stadium

Mr HARPER: My question is to the Minister for State Development. Can the minister update the House on the progress of the $250 million North Queensland stadium in Townsville?

Dr L YNHAM: I thank the member for Thuringowa for his obvious interest in the North Queensland stadium. The member for Thuringowa, the member for Townsville and the Minister Assisting the Premier on North Queensland all have a particular interest in how the North Queensland stadium is developing, and l have good news. We are aiming to award three contracts for the $250 million North Queensland stadium by the end of this year. With the stadium project expected to create 750 jobs during construction and kickstart the local economy, this will be a welcome start to the holiday season for all those in North Queensland.

The quantity surveyor and the audit programmer tenders close next Friday, 9 December and the contracts are due to be awarded by Christmas. The expression of interest process resulted in 10 companies being short-listed and eight of those are from North Queensland. A key Palaszczuk government objective is to engage as much industry and local content as we can in North Queensland to generate jobs in the local economy. I was in T ownsville recently, and I was impressed by the passion and commitment that the people of Townsvi lle expressed about this project. They are all very keen, as I am, to maximise local participation.

Tracy Davis MP Member for Aspley Shadow Minister for Education

19 December 2016

The Hon Peter Wellington MP Speaker of the Legislative Assembly Parliament House Alice Street BRISBANE QLD 4000

Dear Mr Speaker

I write to draw to your attention a matter of privilege relating to a possible Contempt of the Legislative Assembly.

Please find attached to this correspondence submissions and various other documents in relation to this matter.

I ask that Hon Kate Jones MP be referred to the Ethics Committee for further investigation in relation to her statement to the house on 30 November 2016.

Should you have any queries, I am happy to meet at your convenience to discuss this matter further.

Yours sincerely

~£> Member for Aspley Shadow Minister for Education Enc.

P: 07 3554 7100 I F: 07 3554 7109 I E: [email protected] I W: www.tracydavis.com.au I PA: PO Box 857, Aspley, 4034

SUBMISSIONS IN RELATION TO A MATTER OF PRIVILEGE RELATING TO A DELIBERATE MISLEADING OF THE HOUSE BY THE HON KATE JONES MP ON

30 NOVEMBER 2016

BACKGROUND

1. This matter relates to a statement by the Member for Ashgrove and Minister for Education and Minister for Tourism and Major Events, Hon Kate Jones MP ("the Member") in relation to the release of documents relevant to an audit ("the Report") by the Department of Education , Queensland ("the Department") of Good to Great Schools Australia to the Australian Broadcasting Corporation ("the ABC").

2. The nub of this complaint relates to the Member's statement that the audit documents were released to the ABC under the Right to Information Act 2009 ("the RTI Act") whereas evidence from a departmental spokeswoman indicates the Report was "informally released" which proved the Member's statement to be misleading. Evidence appears to suggest that this statement was made deliberately to mislead the Assembly.

THE FACTS

3. On 11 November 2016 the ABC broadcast a report titled "Pearson's Good to Great Schools linked to 'high risk' business practices, audit finds" on its 7 .30 Report program. From the transcript available on the ABC website:

But a confidential audit of the Cape York Academy suggests otherwise.

JAMES THOMAS: The Queensland Education report obtained by 7:30 found Good to Great Schools "were providing direction for day-to-day operational activities, including budget management and decision making. "

The report says that senior school staff were "unclear" on their "roles" and "reporting relationships" because of the "absence of an up-to-date formal agreement" between the Education Department, Cape York Academy and Good to Great Schools.

Overall, the audit identified "a significant number of high risks" which posed an increase in the possibility of fraud and official misconduct. It particularly highlighted payments of more than $200,000 to Good to Great which could not be adequately substantiated or explained.

MICHAEL ANDREW: And the matters that I refer to, frankly, in this internal audit report, as I say, go to issues with Education Queensland, not Good to Great Schools.

JAMES THOMAS: Michael Andrew is a board member at Good to Great Schools Australia and in charge of ensuring good governance.

2

MICHAEL ANDREW: They have quite rightly identified some weakness in internal controls. The consequence of those, if they're not corrected, might lead to those particular issues. They are not saying that any of those matters have occurred. And rather, that is relatively common terminology in what I'd call an unsatisfactory internal audit report.

KA TE JONES: What we've seen in the internal audits is concerns around the paperwork and the systems that are being used in regards to the expenditure of taxpayers' dollars.

[A copy of the 7 .30 Report transcript is attached to this correspondence.]

4. On 30 November 2016 the Member said in the house:

"My understanding is that the audits were undertaken by the department of education and that they were released to the ABC under the right to information legislation ." (Hereinafter, "the Statement") [Hansard , page 4696.]

5. On 15 December 2016 The Australian newspaper reported that Mr Pearson and Good to Great Schools Australia were not consulted about the release of the Report as would be required if the Report was released under the RTI Act. Excerpts of the report follow:

"Weeks after an right to information application was lodged by the ABC, documents were "informally released" on October 27"

"While admitting the ABC had successfully sought the internal departmental reports, a department spokeswoman refused to confirm that Dr Watterston 's letter was also released to the ABC.

"She confirmed that internal audit reports were released to the ABC 1nformally'.

"'A right to information application was received seeking access to internal reports,' she said.

"The informal release allowed the department to circumvent alerting Mr Pearson and his associated organisations, as is dictated by legislation. "

[A copy of the report in The Australian is attached to this correspondence.]

6. On 28 November 2016 the ABC reported that a significant breakdown in the relationship between the Department and Good to Great Schools Australia and Mr Pearson. Copies of the report and documents referred to in the report are attached to this correspondence.

7. The Department's Disclosure Log required under the RTI Act does not show the Report being released under the RTI Act as would be required. A copy of the Disclosure Log is attached to this correspondence.

3

RELEVANT CONSIDERATIONS

8. Section 37 of the Parliament of Queensland Act 2001 defines the meaning of "Contempt" of the Assembly as:

37 Meaning of contempt of the Assembly ( 1) Contempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees.

9. Standing Order 266 provides examples of Contempt to include, inter alia:

(2) deliberately misleading the House or a committee (by way of submission, statement, evidence or petition);

10. In order for the allegation of a deliberate misleading of the House to be made out, three elements must be proven:

a. the statement must, in fact, have been misleading ; b. it must be established that the member making the statement knew at

the time the statement was made that it was incorrect; and c. in making it, the member must have intended to mislead the House.

11 . In determining whether each element is met, the standard of proof to be met is 'on the balance of probabilities.'

APPLICATION

12. I will deal with each element in turn.

THE FIRST ELEMENT - WAS THE MEMBER'S STATEMENT ACTUALLY MISLEADING?

13. There is no question that the Report has been released by the Department. The issue of contention is how the Report was released .

14. The Report was not released under the RTI Act as evidenced by the reported comments by a spokeswoman of the Department and the Department's Disclosure Log.

15. Moreover, the reported failure of the Department to consult Good to Great Schools Australia in relation to the release of the Report appears, prima facie, to confirm that the processes required under the RTI Act were not even commenced .

16. I submit that it is reasonable to conclude on the balance of probabilities that the Report was not released under the RTI Act.

17. Given the above conclusion, it would appear that the Member's statement to the house on 30 November was in fact wrong and misleading.

4

THE SECOND ELEMENT - WAS THE MEMBER AWARE AT THE TIME OF MAKING THE STATEMENT THAT IT WAS INCORRECT?

18. There are three relevant facts to prove that the Member was aware at the time of making the Statement that it was incorrect:

a. The Member was aware that the audit documents had been released to the ABC as she gave an interview to the ABC for the 7 .30 Report program .

b. It was reported following the 7.30 Report program that Mr Pearson was of the view that the Director-General of the Department had provided the audit documents to the ABC.

c. Owing to the effluxion of time between the reported release of the Report on 27 October, and the Member's statement to the house on 30 November; coupled with the fact in (b) above, it is reasonable to infer that the Member would have, or ought to have, sought clarification about the source of the Report being provided to the ABC.

19. Of secondary consideration even if direct knowledge cannot be established it is my contention that the Member was negligent in making the Statement without properly considering the source of the ABC receiving the Report and directly seeking clarification from her departmental officials prior to making any statement in the house in relation to the matter.

20. As a tertiary consideration on this point, the Member has not clarified her Statement in the house to the best of my knowledge.

21 . On the balance of probabilities it is reasonable to conclude that the Member was aware at the time of making the Statement to the house that the Report was not released under the RTI Act.

22. I respectfully submit that the second element of the test is met.

THE THIRD ELEMENT - DID THE MEMBER INTEND TO MISLEAD THE HOUSE?

23. As the final element requires evidence of an intention, which is a state of mind, it is for the Ethics Committee to be provided with evidence by the Member as to her actual state of mind.

24. However I submit there are three issues that provide grounds for the Ethics Committee to reasonably arrive at the conclusion that the Member intended to mislead the house by having regard to the facts and circumstances under which the Statement was made:

a. A suggestion arises in 15 December 2016 report in The Australian that the release of the Report outside the auspices of the RTI Act was done for the purposes of avoiding the legislative requirement to consult Good to Great Schools Australia about the decision to release the audit documents. Such a decision could have negative repercussions for the Department and the Member if a perception were to arise that the Department had ignored the legislative requirement for consultation before the release of sensitive material.

5

b. Further to the point above, given the significant media interest in the Good to Great Schools Australia involvement in schooling on Cape York, the possibility that maladministration may have occurred within the Member's Department might reasonably be considered to lead the Member to wish to avoid any further scrutiny in relation to her Department.

c. Evidence outlined in paragraph 6 demonstrates a significant breakdown in the relationship between Mr Pearson and Good to Great Schools Australia and the Department. The Member may have been hesitant to correct her previous comments that the Report was released under the RTI Act for fear of further exacerbating the breakdown.

25. It is entirely open to the Ethics Committee to infer from the circumstances of the Member's statement that the Member know the Statement was misleading and therefore, reasonable grounds exist to find that the Member did intend to mislead the house.

CONCLUSION

26. In order for a Contempt of the Assembly to arise for deliberately misleading the House, three elements must be satisfied on the balance of probabilities. One element, a subjective intention to mislead, can only be satisfied by evidence provided directly by the Member to the Ethics Committee however overwhelming evidence of the circumstances in which the Statement was made provides for the Ethics Committee to reasonably infer an intention to mislead.

27. I respectfully submit that this matter warrants the further attention of the house by referral to the Ethics Committee for further investigation.

6

APPENDIX 1

DOCUMENTS A TI ACHED:

1. Hansard, page 4696. 2. Geoff Chambers, Release of audit angers Pearson, The Australian. 15

December 2016. 3. James Thomas, (Transcript) Pearson's Good to Great Schools linked to

'high risk' business practices, audit finds , ABC. 11 November 2016. 4. James Thomas, 'Bucket of s***!': Noel Pearson abuse claims 'straining'

relationship with Queensland Government. ABC online article. 28 November 2016.

5. Letter from Director-General, Department of Education and Training to Mr Noel Pearson, co-chair, Good to Great Schools. 23 June 2016 (Originally attached to document 3)

6. Letter from Noel Pearson to Director-General, Department of Education and Training. 24 June 2016. (Originally attached to document 3)

7. Copy of the Department's Disclosure Log, accessed 16 December 2016.

7

4696 Questions Without Notice 30 Nov 2016

Cape York Aboriginal Australian Academy, Audit Reports

Mr GORDON: My question is to the Minister for Education and Minister for Tourism and Major Events. In reference to the confidential internal audit reports relating to the Cape York Academy and/or the Cape York Aboriginal Australian Academy, is it the education department or Good to Great Schools Australia which has the responsibility for these confidential internal audit reports? Can the minister confirm if either the minister and/or the Director-General of Education has provided any related documents including the internal audit reports, associated documents and correspondence to the Australian Broadcasting Corporation or any other media outlet?

Ms JONES: I thank the honourable member for his question. I am happy to sit down with him and discuss the multiple questions that were in the question from the member for Cook, but I can say this: all decisions that I make as the Minister for Education are about ensuring that we deliver the best possible education for every single child no matter where they live in this state, and that includes the children of Aurukun . That is why in the last few months we have run a very detailed selection process to put a permanent principal-one of the highest qualified principals in Queensland-into that school. I want to acknowledge and thank the principal who will be starting there next year for his enthusiasm about this job, because we know there are great things happening in the Aurukun school.

I can assure the member for Cook that all of my dealings in relation to Aurukun and Good to Great Schools have been in good faith and focused on putting children and children's learning first. I will not be distracted by name-calling or by people making comments and releasing private documents publicly. My focus, as I am sure every single member of this House would want of me, is on the goodquality outcomes of learning in that school. That is exactly what I will do day in and day out.

Mr SEENEY: Mr Speaker, I rise to a point of order on relevance. The question from the member for Cook was fairly simple. It asked who was responsible for the audits and whether the department has provided the audits to the ABC. The minister has not gone near either of those elements of the question, and I think that in the interests of providing a reasonable answer to the member for Cook she should answer the question.

Mr SPEAKER: The minister indicated that she was going to take the matter up with the member for Cook.


Mr SPEAKER: Order! Members, let me finish. Resume your seat, member for Callide; I have not finished. It appeared to me that there were a number of questions in the answer. There was not just one question; there was a series of questions. Does the minister have anything further to add?

Ms JONES: Yes, Mr Speaker. My understanding is that the audits were undertaken by the department of education and that they were released to the ABC under the right to information legislation.

Townsville, Stadium

Mr HARPER: My question is to the Minister for State Development. Can the minister update the House on the progress of the $250 million North Queensland stadium in Townsville?

Dr LYNHAM: I thank the member for Thuringowa for his obvious interest in the North Queensland stadium. The member for Thuringowa, the member for Townsville and the Minister Assisting the Premier on North Queensland all have a particular interest in how the North Queensland stadium is developing, and I have good news. We are aiming to award three contracts for the $250 million North Queensland stadium by the end of this year. With the stadium project expected to create 750 jobs during construction and kickstart the local economy, this will be a welcome start to the holiday season for all those in North Queensland.

The quantity surveyor and the audit programmer tenders close next Friday, 9 December and the contracts are due to be awarded by Christmas. The expression of interest process resulted in 10 companies being short-listed and eight of those are from North Queensland. A key Palaszczuk government objective is to engage as much industry and local content as we can in North Queensland to generate jobs in the local economy. I was in Townsville recently, and I was impressed by the passion and commitment that the people of Townsville expressed about this project. They are all very keen, as I am, to maximise local participation.

A back


Author: Geoff Chambers• Section: General News• Article type : News Item Classification : National• Audience : 97.419 •Page: 8 •Printed Size: 276.00cm2

Market: National • Country: Australia• ASR: AUD 5,578 •Words: 619 Item ID: 700632181

• isentia.mediaportal Licensed by Copyright Agency. You may only copy 01 commurncate this work with a licence. Page 1of2

Release of audit angers Pearson EXCLUSIVE

GI O l·r UIA\1BEl~ S

Q UEENSLAND BUREAU CHIEF

Cape York leader Noel Pearson has lodged a complaint with the Queensland Crime and Corruption Commission and the Ombudsman's office after state Education Minister Kate Jones' department "informally released" to the ABC sensitive documents relating to Good to Great Schools Australia.

Internal reports undertaken by the department on the operation of the Aurukun school at Cape York were released outside the state's Right To Information Act.

The informal release of documents contradicts a statement by Ms Jones to the Queensland parliament that the audits undertaken by the department were "released to the ABC under the right to information legislation".

Under the legislation, a concerned third party is supposed to be alerted when sensitive documents are released, but in this case Mr Pearson and GGSA were not informed.

Weeks after an right to information application was lodged by the ABC, documents were "informally released" on October 27, the same day ABC reporter James

Thomas sat down lo interview Ms Jones about a "confidential" audit of the Cape York Academy.

From that report, Mr Thomas selected excerpts which he claimed showed financial mismanagement involving GGSA.

The Australian had earlier reported it wasn't GGSA that had caused financial issues but rather poor bookkeeping by Queensland bureaucrats.

In his official complaint against the department and director-general Jim Watterston, sent late yesterday, Mr Pearson highlighted that the 2015 Cape York Academy Audit report was a "confidential report" prepared by the department's internal audit branch.

Mr Pearson said under section 37 of the Right to Information Act, GGSA should have been considered a "third party" needing to be consulted, with references made in the report to commercial arrangements, student management, and human resource management.

"The consultation process in

section 37 is mandatory and designed to protect the interests of third parties (such as GGSA) who may be affected by the release of a document of an agency."

Mr Pearson, who has strongly

criticised the ABC's coverage of indigenous affairs, said the department's release of the audit report was "unlawful; improper and an abuse of process".

"The 2015 Cape York Academy Audit Report was released to the ABC at a time when the Queensland Audit Office was undertaking a review and audit of Cape York Academy at Aurukun ... and thus the release of the 2015 Cape York Academy Audit Report did or had the potential to prejudice that investigation," he said.

"As a result of the ABC's publication based on release of the 2015 Cape York Academy Audit Report, GGSA suffered reputation damage."

Weeks after its initial report on GGSA, the ABC aired accusations of intimidation made against Mr Pearson, quoting a June letter sent by Dr Watterston.

While admitting the ABC had successfully sought the internal departmental reports, a department spokeswoman refused to confirm that Dr Watterston's letter was also released to the ABC. She confirmed that internal audit reports were released to the ABC "informally".

"A right to information application was received seeking access to internal reports," she said.

A back


Author: Geoff Chambers • Section: General News • Article type : News Item Classification: National • Audience : 97,419 •Page: 8 • Printed Size: 276.00cm• Market: National• Country: Australia • ASR: AUD 5,578 • Words: 619 Item ID: 700632181

~isentia .mediaportal

Licensed by Copy11ght Agency. You may only copy or communicate this work with a licence.

The informal release allowed the department to circumvent alerting Mr Pearson and his associated organisations, as is dictated by legislation.

Cook MP Billy Gordon, who represents the vast cape including Aurukun, has grilled Ms Jones in parliament over her role in the release of information regarding Cape York Academy.

"I still have concerns that the minister and or her public servants have not followed due process at all," Mr Gordon said.

'This has all the hallmarks of a leak designed to damage the work of Cape York Academy with little regard for the education opportunities for the children of Aurukun."

A spokesman for Ms Jones said she stood by her comments to Queensland parliament when she said documents were released according to legislation.

Page 2 of 2

12/1512016 Pearson's Good to Great Schools linked to 'high risk' business practices, audit finds - 11/1112016

Weeknights on ABC and ABC News 24

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Australian Broadcasting Corporation

Broadcast: 11/11/2016 Reporter: James Thomas

Noel Pearson's Good to Great Schools Australia organisation has been involved in 'high risk' business practices potentially leaving the schools open to possible fraud and official misconduct, according to a confidential government audit.

Transcript HAYDEN COOPER, PRESENTER: A multi-million-dollar Indigenous education program, spearheaded by Noel Pearson, is

tonight mired in controversy.

The Indigenous leader has pulled out of a partnership with the Queensland Government to run the school in the troubled Cape York community of Aurukun.

At the same time, new questions are being raised about the wider business practices at the Cape York Academy, as

James Thomas reports.

TEACHER 1: How do we say the word? Ready:

STUDENTS: You!

TEACHER 1: Yes, "You." Can you say .. .

STUDENTS (calling out) : Twenty-seven divided by 19 .. .

TEACHER 1: So the next number you are writing is 856,000 .. .

http://www.abc.net.auf7 .3CVcontent/2016/s4573797 .him 1/5

1211512016 Pearson's Good to Great Schools linked to 'high risk' business practices, audit finds - 11/1112016

NOEL PEARSON, CO-CHAIR, GOOD TO GREAT SCHOOLS AUSTRALIA: I share a vision for the future of our people. I just

have this very deep conviction that education must be at the centre of that vision.

(Footage of Noel Pearson at school hall)

NOEL PEARSON (to students): How's it going?

JAMES THOMAS, REPORTER: Noel Pearson's decision to pull out of the Aurukun School was a dramatic move for

someone who has championed his educational cause with such passion and power.

NOEL PEARSON: Give me any teacher. And if we arm them to do good teaching, we get good results. Get the teacher in right and the teacher will lift.

JAMES THOMAS: Over the past six years governments have poured tens of millions of dollars into Good to Great Schools

Australia, the national organisation Noel Pearson set up to deliver an American-designed teaching method called Direct

Instruction.

TEACHER 1 : Get ready :

STUDENTS (reading word) : Slide'

TEACHER 2: What's nine times four? Get ready :

STUDENTS: Thirty-six!

TEACHER 2: Thirty-six. Problem end.

JAMES THOMAS: This is Direct Instruction . Teachers follow tightly-scripted lessons, designed to lift literacy and numeracy.

TEACHER 3 : Start with "if." Get ready:

STUDENTS (reading) : If you stay away ...

TONY ABBOTT, FORMER PRIME MINISTER: I have seen with my own eyes a remarkable transformation in what

happened in those classrooms.

TEACHER 2: Get ready ...

TONY ABBOTT: First of all: there were more kids coming to school. Second and more important : the kids that were in

school actually seemed to be learning.

JAMES THOMAS: But now, with Noel Pearson's dramatic withdrawal from one of those schools, serious questions are

being raised about the operations of the Direct Instruction experiment.

KATE JONES, QLD EDUCATION MINISTER: What I want to get to the bottom of is : where our funding has gone and

what has been delivered for that money. If there are any irregularities that are improper, then that is exactly what the

Audit Office is investigating right now.

JAMES THOMAS: The trouble for the education revolution set in motion by Noel Pearson intensified six months ago in

the remote community of Aurukun .

The school is an oasis. It is an absolute beacon in that community.

(Smart phone footage of a fight in a street of Aurukun between two children. Other children are gathered around,

cheering them on)

JAMES THOMAS: Violence has long been a problem in this disadvantaged town.

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1211512016 Pearson's Good to Great Schools linked to 'high risk' business practices, audit finds - 11/11/2016

PRESENTER (TV news, archive): ... after a school principal was attacked at Aurukun.

JAMES THOMAS: In May, the school itself was targeted and teachers forced to flee. It put the spotlight on Noel Pearson's

education agenda, with the Queensland Government launching an investigation.

KATE JONES: The school review team that had a forensic look at how the school in Aurukun was being run found that

there were some financia l irregularities.

JOHN BRAY, FORMER EXEC. PRINCIPAL, CAPE YORK ACADEMY: When I first arrived, I was certain ly excited: the fact I'd

be working with - look, I had read a lot of Noel's work.

JAMES THOMAS : Early last year, John Bray was the newly appointed executive principal overseeing the Aurukun school

and another two remote campuses at Hope Vale and Coen. The three schools make up the Cape York Academy - and

the Cape York Academy is un like any other state school.

It's run through a partnership agreement between the Queensland Education Department and Noel Pearson's Good to

Great Schools Australia.

NOEL PEARSON: The department employs the teachers and runs the schools and administers the budget. And we take

care of the curricu lum and the pedagogy.

JAMES THOMAS: But John Bray says that's not how it played out on the ground - and that made him very

uncomfortable.

JOHN BRAY: I was compromised. I was morally comprom ised in the way I was asked to do my job.

JAMES THOMAS: He became anxious about Good to Great's interference in the school's finances.

JOHN BRAY: Look, I went home at night feeling very uneasy about some of the transactions that were occurring, which

I knew at the time did not sit right with me.

JAMES THOMAS: Those transactions included bills to bring over American experts on the Direct Instruction teaching

method.

JOHN BRAY: When you 've got flights from Oregon up to eight times a year for two people with flights and

accommodation, that's a lot of money.

Some of those transactions: I thought, "Why are we paying for this? Why is it coming out of our Cape York Academy

account, when really it should be going towards our kids?"

MICHAEL ANDREW, GOOD TO GREAT SCHOOLS AUSTRALIA: We would never, ever be in a situation where we would

basically override the decision of the principals. They themselves have full autonomy to run their schools. And if they

don't want to use our project or they want to adapt our project in a different way, that becomes their decision.

But a confidential audit of the Cape York Academy suggests otherwise.

JAMES THOMAS: The Queensland Education report obtained by 7 :30 found Good to Great Schools "were providing

direction for day-to-day operationa l activities, including budget management and decision making."

The report says that senior school staff were "unclear" on their "roles" and "reporting relationships" because of the

"absence of an up-to-date formal agreement" between the Education Department, Cape York Academy and Good to

Great Schools.

Overa ll, the audit identified "a significant number of high risks" which posed an increase in the possibility of fraud and

official misconduct. It particularly highlighted payments of more than $200,000 to Good to Great which could not be

adequately substantiated or explained.

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1211512016 Pearson's Good to Great Schools liri<ed to 'high risk' business practices, audit finds - 11/11/2016

MICHAEL ANDREW: And the matters that I refer to, frankly, in this internal audit report, as I say, go to issues with Education Queensland, not Good to Great Schools.

JAMES THOMAS: Michael Andrew is a board member at Good to Great Schools Australia and in charge of ensuring good governance.

MICHAEL ANDREW: They have quite rightly identified some weakness in internal controls. The consequence of those, if they're not corrected, might lead to those particular issues. They are not saying that any of those matters have occurred. And rather, that is relatively common terminology in what I 'd call an unsatisfactory internal audit report.

KATE JONES: What we've seen in the internal audits is concerns around the paperwork and the systems that are being used in regards to the expenditure of taxpayers' dollars.

JAMES THOMAS: Noel Pearson insists that Good to Great Schools Australia has no role in the financial management of the Cape York schools; and that that's the job of the Queensland Education Department.

(To Michael Andrew) Do you accept the current agreement lacks clarity?

MICHAEL ANDREW: Yes, I do. And I think it's historical that basically started off as a loose arrangement; and I think the current arrangements do require formalisation .

JAMES THOMAS : This building in Cairns is home to Good to Great Schools Australia. This year the organisation is managing a $12 million budget. To see what that money delivers to remote classrooms, we head north to the Cape York Academy's Coen campus.

The Queensland Education Department did give us permission to film inside the Coen campus, but that access was suddenly revoked following an intervention by Noel Pearson.

TONY ABBOTT (laughs): Um ... Look, I know Noel well. I have enormous admiration for him . Is Noel a perfect human being? Well, none of us are perfect, but I think that Noel Pearson has been a prophet - P-R-0-P-H-E-T: a prophet for our times.

JAMES THOMAS: Right from the start, Noel Pearson was at the centre of a fierce battle of ideas.

TONY ABBOTT: Don't underestimate the number of ideological people who are out to get Noel. Don't underestimate the kind of the modern representatives of the sort of 60s, 70s mindset who deeply dislike what Noel has done.

JAMES THOMAS: Last week there was a hint of what was to come, with Noel Pearson condemning the Queensland Government for conducting what he sees as a hatchet job against his educational vision for remote Australia.

NOEL PEARSON : The actions of the Queensland Government have destroyed five years of work. And, you know, the great tragedy - and they're not even aware of it. They know not what they have done.

PHYLLIS YUNKAPORTA, AURUKUN ELDER AND TEACHER'S AIDE : My heart is torn at what has happened. I see my little children. They have been deprived of their education.

JAMES THOMAS: Few could dispute the best interests of the children lie at the heart of Noel Pearson's crusade. The challenge he faces is to see that his dream survives.

James Thomas with that report, produced by Lesley Robinson.

And we should add that Noel Pearson declined to be interviewed on camera for the story.

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12/15'2016 Pearson's Good to Great Schools lili(ed to 'ngh risk' business practices, al.di finds - 11/11/2016

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NEWS 'Bucket of s***': Noel Pearson abuse claims 'straining' relationship with Queensland Government By the National Reporting Team's James Thomas

Updated Mon 28 Nov 2016, 9:51am

Aboriginal leader Noel Pearson is regarded as one of Australia's most eloquent public speakers. His eulogy at Gough Whitlam's funeral: oratorical brilliance. Away from the pulpit, his words can take a nasty turn.

"Arse coverer", "maggot" and "bucket of shit" were some of the bullying words used by Noel Pearson to abuse senior staff at Education Queensland, according to a letter obtained by the ABC.

The June letter is written by the director general of Education Queensland, Dr Jim Watterston , and addressed to the founder and co-chair of Good to Great Schools Australia, Noel Pearson.

"Dear Noel ... when we met on 25 May 2016, I felt there were several times you behaved in an intimidating manner and made inappropriate comments [I clearly recall pejoratives such as 'arse coverer', 'maggot', and 'bucket of shit', to name a few]," Dr Watterston wrote.

"Where I draw the line, however, is when similarly intimidating and abusive behaviour is directed towards my staff'.

The ABC understands Mr Pearson's comments were an expression of his displeasure with Education Queensland's handling of the Cape York Academy's Aurukun school.

The Aurukun school briefly closed after violent threats towards staff earlier this year.

The education department runs the school in partnership with Good to Great Schools Australia.

The organisation has received $37 million in taxpayer funds since 2010 to help lift education standards for disadvantaged communities through the delivery of an American teaching method, Direct Instruction.

Do you know more about this story? Email [email protected]

In the letter, Dr Watterston cautioned Mr Pearson.

PHOTO: The head of the Queensland education department cautioned Mr Pearson over his behaviour. (AAP: Brian Cassey)

RELATED STORY: Noel Pearson's Good to Great Schools linked to 'high risk' business practices: secret audit

RELATED STORY: Pearson's Aurukun program part of problem, educator Chris Sarra says

MAP: Aurukun 4871

Key points:

• The revelations suggest the relationship between Noel Pearson and Education Queensland is fraught

• It comes after an ABC investigation raised concerns of a culture of intimidation in Good to Great Schools

• Minister confirms Mr Pearson once called her a 'f***ing white c***'

• Mr Pearson's spokeswoman denies he made the abusive remark

"The behaviour displayed towards me and my staff is not conducive to a respectful and cooperative relationship, and cannot continue," he wrote.

In response, Mr Pearson apologised to Dr Watterston.

"I am very conscious that at times that weariness makes me fractious, but I am nothing if not honest, blunt and tenacious about our cause," he wrote.

"You are an educator, and I am a philosopher and social reformer."

'I went home at night feeling very uneasy'

The letter's revelations come after an ABC investigation reported poor business practices at Good to Great had left government funds vulnerable to fraud and official misconduct.

"I went home at night feeling very uneasy about some of the transactions which were occurring, which did not sit right with me," said former executive principal of the Cape York Academy, John Bray.

Mr Bray told the ABC he felt pressured by Good to Great staff to make inappropriate payments from the school's bank account.

"There was expenditure occurring on particular things such as flights, accommodation for particular support services which I thought were not reasonable," he said.

"Ultimately, I think the kids did miss out."

PHOTO: Good to Great recently withdrew its support for the Aurukun campus of the Cape York Academy. (ABC News: Louisa Rebgetz)

Good to Great rejects bullying claims

Head of governance at Good to Great, Michael Andrew, denied Mr Bray's allegations.

"We would never be in a position where we would override the decision of the principals," he said.

Noel Pearson's spokeswoman Kerie Hull added to the denials saying "there have never been any findings of bullying, unfair dismissal or WorkSafe matters" at Good to Great.

However, the ABC has obtained several internal letters of complaint addressed to Good to Great's board members. The letters raise serious concerns of bullying , harassment and intimidation within the organisation.

In one internal complaint a former employee described the culture at Good to Great as "toxic".

The ABC has also confirmed two recruitment agencies in Cairns refused to

00:00 00:00

AUDIO: Listen to James Thomas' story on AM (AM)

supply job applicants to Good to Great because of concerns over bullying and abusive behaviour at the organisation.

In response, Good to Great's Michael Andrew said "I suspect this may be about competitive envy. Because we actually do quite constructive work with agencies regularly in Cairns".

'He yelled at me and said I was a f ***ing maggot'

Several former employees have spoken with the ABC but said they currently felt too intimidated to be named.

"Noel has considerable political power. People are timid in responding to him," said Ian Mackie, the former Queensland assistant director general of Indigenous education.

He said criticising Mr Pearson's educational reform agenda, which he does regularly, could have explosive consequences.

"I went to say hello in the Qantas club in Cairns. He yelled at me and said I was a f***ing maggot."

"My response was 'I didn't know you felt that bad about it Noel, this is not personal. This is about policy and kids.'"

Noel Pearson's spokeswoman Kerie Hull told the ABC that Mr Pearson "admits to calling Ian Mackie a maggot".

Mr Pearson's wrath is not confined to bureaucrats.

PHOTO: Noel Pearson during a visit to Aurukun earlier this year. (ABC News: Louisa Rebgetz)

"He swung around, he stood up and he started swearing at me," said Barbara Shephard, who has been the local nurse of Cape York's remote town of Coen for 48 years.

In 2009 she campaigned against Noel Pearson's move to have the American teaching method, Direct Instruction, taught in the Coen school.

Mr Pearson's reaction to her opposition was menacing.

"He said I was a f***ing white c*** and an interfering bitch," Ms Shephard said.

"I personally have no respect for him whatsoever. I feel he is a bully. He's a foul-mouthed bully."

Noel Pearson denies speaking to Barbara Shephard disparagingly. But evidence is mounting to suggest the Indigenous leader has a habit of excoriating opponents.

Minister confirms she was also called 'f***ing white c***'

PHOTO: Kate Jones has never spoken publicly about the exchange with Noel Pearson. (AAP)

Queensland Education Minister Kate Jones has broken a long silence to confirm a story, first reported four years ago, that Noel Pearson racially abused her with the phrase "f***ing white c***".

In a text message, the Minister's adviser told the ABC that Ms Jones "has never spoken about this ever before to anyone".

The incident occurred in 2009 when Kate Jones was Queensland's environment minister.

She and Stephen Robertson, who was Queensland's resources minister the time, led a delegation to Cairns to discuss "Wild Rivers" legislation with Mr Pearson.

"Pearson was dead against it," according to Mr Robertson.

He told the ABC that was the catalyst for Mr Pearson's tirade of abuse.

Mr Pearson's spokeswoman Kerie Hull said "Noel Pearson emphatically denies calling the Education Minister (at any time) a disparaging name and that he has a mutually respectful relationship with Kate Jones".

But the head of Queensland's Education Department, Dr Jim Watterston, told the ABC the relationship between Mr Pearson and the department was "certainly strained".

The Minister's revelations may break it.

.'.'o.t I P,

Kate has never spoken about this ever before to anyone. You were the first journalist to ask directly

Pearson defends behaviour as 'colourful language'

Speaking on AM this morning, Mr Pearson addressed the allegations of abusive behaviour.

"I accept that I am a very passionate and relentless advocate on behalf of reform and I am surely not the only one who engages in colourful language," Mr Pearson said.

"But I completely, completely reject the suggestion that I directed any of those words at Minister Kate Jones in 2009."

He also rejected claims of poor business practices at Good to Great Schools and suggestions of bullying.

"In terms of governance and administration, you could not find a much more committed organisation than ours," Mr Pearson said .

0000 00:00

AUDIO: Noel Pearson responds to allegations of bullying (AM)

"In relation to bullying , I wouldn't say that we have a bullying culture at all, what we do have and I'm completely unapologetic about, is we have a hard-work culture.

"You come across the occasional employee who tries to conflate a hard-work culture with a bullying culture, but none of those claims have ever been made out."

To print the document, click the "Original Document" link to open the original PDF. At this time it is not possible to print the document with annotations.

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Topics: indigenous-aboriginal-and-torres-strait-islander, community-and-society, indigenous-policy, government-and-politics, education, aurukun-4871, qld, australia

First posted Mon 28 Nov 2016, 4:50am

Contact James Thomas

Z 3 JUN 1(16

Mr Noe l Pearson Co-Chair Good to Great Schools PO Box i58l CAIRNS OLD 4870

I

\

Dear Noel

..

Edt..lat1on anri l .. 11;1111g

It 1s with so,.1e d1:>appo1-trne11I t·~al I 'eel tt·e need to se·'d t~1s r•1cssagc artcr .,..,e "ci<J estab'1shed what I beli eved to be a col1abora!1ve if robust. relat1onsh1p founced a~ ot..r 'Tlvlual interest 1n ach1ev•ng P1e best poss1b e ec;..cat1ona outcoMes tor chl<1"e1' 1r AurJK;..n After we r 1et 1n May 20 16 I advisee you 1n wnt1ng that I had arranged for 1--e Schoo1 lrnprovernent Unit to undertake a review or the AuuKU'1 campus

Staff from the School Improvement Unit have undertaken s1grrf1cant research anc consulta tion to produce a repo'1 that has dent1fiec good· practrce anli oppo1un1t1es for improved outcomes at A11r:Jkun and have I" good fa il ... sougt"lt to ergage you and your tea'l" as part of this review

When we met O"I 25 tvlay 20 • 6 ' !elt t· err~ were several :1mes w~ 1en yoi... bet1aveo n an 1nt1'Tl1dat1:lg manner ar d 111anc rna~propr ale comrie1·:s f r.1ecirly reca .' peJc;rat1vcs Sdr.r ;is arse coverer 'n' aggot and bucko! of shit io nare a few" "Nhe•e I d'a" ttic I "'P.

howcve· 1s "ken ~1rn arly int rn!at rng and abusiw~ :.if:H'a -11ov is d •ccted :m .. arc::; ... 1 ~'.<i " I understand yot.. :Tel w1tn Dr Liam Srrnt" yesterday a 'IC H'iat L1aM s1m11ar y fe t ~1e -.vas subiected to 1nt11rndat1ng and bullying behaviour by you "

'v'ltien we met I advisee yot. that I rer"1a r co"1rl'rtted to wor1<•ng 1n pa•tncrsn10 w1H Caoe York Partnerships :)ecat..se I believe that thro.Jg'' colla;)cration ;1e a'c :·1osl l·k.9ly to a:h1eve a better future for 1rd1genous children 11 ' tt'e Caoe HcNev8r the be"1av O·,ir yot. have c splayed towarcs me ar'C n'y staff s not concuc·ve lo a r9"'per •'u anc ccooerahe relationship and c;:innot r:oni1nue

I look for.vard to 'l'1orc mutua l1y resoectrul d1sc;..ss1ons as we ~01ic for.Narc Of' :hrs ir-1oorz--t .ssue

Yours sincerely

/ ....

;M~J:;yz__

~-~~JIM WATTERSTON

Director-General

•

CAPE YORK PARTNERSHIP

24 June 2016

Dr Jim Watterston

Director-General

Department of Education & Training

GPO Box 15033

Brisbane QLD 4001

By email:

Dear Jim

I write in response to your letter of yesterday's date.

~u,• ~· l t Sr1l·t10.1• ~ IH.;t• t

r .... ""· Clld A• •!• i 1,. .Jfi70

I' ~· W 1 • .'.cLt. I ~ L• ·I L "•1 I: otf \L ".J <11

( ~prytlt~p 11 \1\t'l .h·p Ol(j , Ill

As per our exchange this morning, I apologise. I too believed that we had established a collaborative,

albeit it at times robust relationship, built on our mutual passion for Indigenous education. I am

completely committed to ensuring that we have such a relationship today and in the future. We are

colleagues in a mutual endeavour.

We all have our strengths and weaknesses. I reflect on mine daily, but I have dedicated my life to

this work when there are many other things I could have gone and done. I have never regretted this

decision, although I am exhilarated and deeply wearied by it in equal measure. I am very conscious

that at times that weariness makes me fractious, but I am nothing if not honest, blunt and tenacious

about our cause. You are an educator, and I am a philosopher and social reformer. Despite your

therefore superior status in this debate, it causes me great strain when a community like Aurukun is

being torn apart by social strife and law and order challenges, yet one of the apexes of the debate is

the merits of the pedagogy in the local school. What an extraordinary and dangerous inversion of

the real issues. I have no doubt that you feel this frustration as profoundly as me. Although it is no

excuse, perhaps I succumb to this frustration more readily because I feel the weight of the fate of

my people so heavily.

As for my invective, I am sure you will recall that a large portion of it was directed at another

individual about whom we share a mutual dissatisfaction.

In relation to my meeting with Liam Smith, I do however have a different recollection. We certainly

had a robust debate, and I was conscious that as a teacher he took umbrage at my view that in

education generally there has been between a 20 to 30% failure to achieve the required standard of

•

CAPE YORK PARTNERSH IP

JO.< ~ l u ~flt:rlu ,11 • bl•ed Ca11 I !. Old P.u~l"J 'H.1 4870

P ':.i·lll.J~l7~0tJ I F vl -Hi·l! ;.:..'41 E I if\"U'r '•'tJ C ' ~l JU

literacy and numeracy, and that this 20-30% represents an underclass of students from poor and

disadvantaged backgrounds that teachers are failing. I respect Liam's experience and expertise as an

educator and reviewer and I meant neither him nor his profession (who I hold in regard beyond all

others) any disrespect. Beyond that debate, however, there was nothing pejorative.

Despite the above, as you know, I have some real concerns about the Review. When any process is

under this much pressure it will require very steady hands from all concerned for it to be the

exceptional instrument this crisis requires. I remain as steadfastly committed to this task as you.

Warm regards

o I

I / /,,r, :' .· ,' .:.: •1 '/~ .i)-~ ·-- •'l1• ,_(."'f..__:i : - -I

Noel Pearson

Founder, Cape York Partnership

Co-Chair, Good to Great Schools Australia and the Cape York Academy

~n'.~ viewing this site

~ How do I access 1nformat1on Disclosure log

[-+ "f!ol?li fibetl aoleBSJalibmnat1on? [~ J El!!ldb!!oire log

o Disclosure log - 2009 o Disclosure log - 2010 o Disclosure log - 2011 o Disclosure log - 2012 o Disclosure log - 2013 o Disclosure log - 2014 o Disclosure log - 2015 o Disclosure log - 2016 o Further 1nformat1on

[-+P ubl ished 1nformat1on • Feedback and Compla ints • Disclosure log - 2016

Right to Information > Disclosure log >

Disclosure log - 2016 Our disclosure log contains information about applications made under the Right to Information Act (RT! Act) to the department.

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Some documents may have details removed, or pages that are blank, because the finformation is either irrelevant or exempt under the RT! Act.

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There may be documents that are curfrently only available in.pdf format. Should you be unable to read t his format please e mail [email protected] ( include information for contact by phone, email or i n wri ting) . We wi ll endeavour to meet all reasonable requests for an alternate hardcopy format of the document, free of charge.

Reference Number

340/5/3744

340/5/3745

340/5/3748

340/5/3750

340/5/3758

340/5/3761

Date application

made

08/0 1/2016

12/01/2016

20/01/2016

28/01/2016

9/02/2015

Details of Information being sought as stated In the appllcatlon

Documents concerning any incidents involving inapproprtate behaviour by a member o f the public towards some students at a State Primfary School from 1989 to date.

Documents created between 1 August 20 14 and 3 December 201 4 concerning communications between and from staff at Corinda SHS regarding membership of and attendance at the Corinda SHS PandC.

Informat ion relating to suspensions and/or exclusions Involving a weapon from all Queensland State Schools between 1 January 20 15 and 20 January 2015.

All documents sent or received by Corinda SHS staff between 31 March and 11 December 20 15 regarding various Corinda SHS PandC issues.

Documents disclosing:

1. the number of students enrolled at each Queensland State School ;

2. the number of students at each Queensland State School that are eligible to participate in Religious Inst ruction; and

3. the percentage of students e ligible to participate In Religious Instruction at each school.

12/02/2015 Documents relating to the provision of school uniforms at Corinda State High School

Detalls of Information sought, as revised ( If applicable)

No publication requirement appl ies

No publication requirement applies.

I nformation sought not revised


No publication requirement app lies.

No publication requirement appl ies.

Applicant

No publication requirement applies

No pubHcation requ irement applies.

Seven Network



No publication reqtJirement applies.

Entity seeking

Outcome of appllcatlon benefit from or use

I Documents re leased

documents

No publicat ion Finalised (Documents non-requi rement existent) No publicat ion applies requi rement applies

No publication Finalised { Appl icat ion requirement withdrawn). No publ ication applies. requirement applies.

No entity t2gs;1.1aH.: n~:ii a:lea:iii:i;I 1.1 0!;1~ [ nominated

340 -5-3 7 4 8 m 102K

No publication Finalised (Applicat ion requirement withdrawn). No publication applies. requirement applies.

No publication Finalised (Application requirement withdrawn). No publ ication applies. requirement applies.

No publication Finalised { Access refused

requirement to all documents). No

appl ies.

340/5/3762

340/5/3763

340/5/3764

340/5/3765

340/5/3773

340/5/3775

340/5/3782

340/5/3785

340/5/3786

340/5/3793

340/5/3796

340/5/3799

12/02/20 15

07/03/2016

15/02/02016

11/02/2016

18/02/2016

Documents showing the costs incurred by Corinda SHS to hold the 2014 Speech Night

Documents relating to an investigation the applicant was involved in.

Documents relating to:

1. a workplace accident/injury involving the applicant 2. the applicant 's em~oyment at the school where the accident occurred; and 3. the schoot sign in sheets for the day of the

Documents created between:

1 December 2014 and 11 February 2016 relating to a standing offer arrangement for the provision of school uniforms; and

7 October 201 S and 11 February 2016 relating to a tender process for the provision of school uniforms.

A spreadsheet showing the number of Asbestos Containing Materials which were located in each Quffnsland state school between I January 2014 and 19 February 2016 with the following scores:

I. 8EMIR score 76 - 100 2. 8EMIR score 51 - 75 3. Physical State score of 1 4. Physical State score of 2

Documents disdoslng the following Information for 13 identified State Schools:

1. Total number of students enrolled; 19/02/2015 2. Total number of prep students;

3. Details of what Religious Instruction is offered, including single faiths and/or cooperative arrangements; 4. The name of the program used for each faith group; and S. Total number of students (exduding preps} that do not participate at alt in Religious Instruction.

25/02/2016 A list of Queensland shools which have opted In to be part of the Safe Schools Coal ition.

01/03/2016 Documents relating to the applicant's apprenticeship.

03/03/2016 Documents concem1ng the reclassification of the Business Services Manager position at a State High School

14/03/2016 Documents created between 7 August 201 4 and 31 December 2014 relating to the Cortnda 5HS PandC

14/03/2016

21/03/2016

Documents revealing the following information about Queensland schools:

l. Seperately for each financial year from 2013 to present, the numbers of break and enter incidents at schools and the total cost of daims made by schools as a result of break and enter incidents.

2. Seperately for each financial year from 2013 to present, the. number of vandalism/malicious damage incidents at schools and the total costs of dalms made by schools as a result of incidents of vandalism/malicious damage;

3. Seperately for each financial year from 2013 to to present, the number of arson incidents and schools, broken down by the number of reported cases and major arson Incidents, and the cost of claims maaide by schools as a result of arson incidents; and

4. Seperately for each f inancial year from 2013 to present, the total number of incidents causing toss or damage at schools that have res~ted In claims being made by schools and the total costs of those daims.

S. The top 10 schools with the most expensive daims as a result of vandalism/malicious damage/arson and the amount of these daims

Documents relating to an investigation undertaken by Ethical Standards in 2007.

No publication requirement applit!s.

Information sought not revised


Documents created between 1 December 2014 and 30 September 2015 relating to a standing offer arrangement for the provision of school uniforms.



No publication requirement appUes.

Information sought not revised.



To be published upon f inallsat lon of application


No publication ~ulrement applies.

Information not permitted to be published pursuant to section 788(2) of the RT! Act.

No publ ication requirement applies.

Information not permitted to be published pursuant to section 7 8 8( 2) of the RT! Act.

No publication requl rement applies.

Mrs Alison Courtice

No pobllcatlon requirement applies.

Information not permitted to be published pursuant to section 788(2) of the RT! Act.

No publicat ion requirement applies.


To be published upon f inalisation of application

Information not permitted to be published pursuant to


No entity nominated


No entity nominated


Queensland Parents for Secular State Schools


No ent ity nominated.



To be published upon finalisation of appticat ion

No entit y

publication requirement applies.

Finalised ( Access refused to all documents). No publication requirement applies.

Released doo.lments not permitted to be publ ished pursuant to section 788(2) of the RT! Act.

All documents contain personal information of the applicant. No publ ication requirement applies.

Released documents not permitted to be publish•d pursuant to section 788(2) of the RT! Act.

Finalised (Application withdrawn). No publication requirement applies.

Qsu;;um~01:i u:l~~:is:S2 ynder

340-5-3775 ml.4M

Finalised (Access refused to all documents). No publication requirement applies.

Released documents not permitted to be publish•d pursuant to section 788(2) of the RT! Act.

Finalised (Application withdrawn). No pubfica.tlon requirement applies.

Finalised (Application withdrawn). No publlcatlon requirement applies.

Docymeots released uoder

340·5· 3796 ml.JM

Released documents not permitted to be published

340/5/3801

340/5/3802(Appllcatlon made under the Commonwealth Freedom of Information Act 1982)

340/5/3804

340/5/3806

340/5/3814

340/5/3818

340/5/3820

340/5/3821

340/5/3822

340/5/3826

340/5/3830

340/5/3831

22/03/2016

24/03/2016

18/04/2016

01/04/2016

19/04/2016

21/04/2016

26/04/2016

22/04/20 16

26/04/2016

29/04/2016

09/05/2016

10/05/2016

1. all incident reports created between 1 January 2013 and 22 March 2016, that relate to incidents 1n Queensland schools, located In the MyHR Work~ace Health and Safety system were the following keywords are in the "description of incident" field:

• Syringe • Needle • Sharp/s

2. all Ministerial and Director·General Briefing notes (including attachments) created be.tween 1 Janurary 2013 and 22 March 2016 that relate to Incidents In Queensland schools involving the above keywords.

I. all incident reports created between 1 January 2013 and 22 March 2016, located In the National Quality Assurance Information Tracking Service system, that relate to Incidents in Queensland early teaming and chUd care centres, where the following keywords are mentioned:

o Syringe • Needle • Sharp/ s

2. all Ministerial and Director-General Briefing notes (including attachments) created between 1 January 2013 and 22 March 2016 that relate to incidents In Queensland early leaming and child care centres involving the above keywords.

Documents relating to the asbestos exposure incident at Mt. Petrie State School on or about 30 March 2007.

Documents relating to a claim for Injuries following a motor vehicle accident.

The applicant seeks access to:

1. The total overall cost of outstanding maintenance projects for QLO Schools for 2014 ; 2. The total overall cost of outsnading maintenance projects for QLD school for 2015 ; 3. The tota l overall cost of outsnading maintenance projects for QLO school from 1 January 2016 to 19 April 2016

(current); and •. The Individual overall cost for the top 1 O QLO schools with the most expensive maintenance proj ects still

outstanding including a breakdown of what is required for each individual maintenance project.

The appl icant seeks access to:

1. the file titles and/or; 2. subject matter and/or; 3. cost detai ls, for all consultancies earned out for and/or commissioned by the Department of Education in the past

two financial years.

Any emails dated between 21 April 2016 and 24 April 2016 that were sent between staff in the Ministerial office that mention 'Sptingborg, LNP and voting'.

Documents relating to the applicant's employment.

Documents relating to the appl icant's employment .

1. Documents which detail the answers provided to the question: 'outline the Innovative educational programs or practices the school will Implement' as part of the EOI for Independent Public Schools by schools that were successful In their applicat ions and subsequently commenced as Independent Public Schools In 2013, 2014 and 2015 ; and

2. The Interim evaluation of the !PS program conducted by the Department which was due to be completed In 2013.

Documents containing the last agreed hours of deaning for each building located at Glenella State School as calculated In accordance with the Cleaners' Certified Agreement.

Documents concerning an alleqed assault of a student.

To be published upon finalisation of application





A list/spreadsheet detailing the titl e and subject matter/purpose of all consultancies carried out in the past two financial years.

No publication requirement applies



Informat ion sought not advised



section 78B(2) of the RT! Act.

To be published upon f inalisation of application

No pubUcatlon requirement applies

Information not permitted to be published pursuant to section 788(2) of the RTI Act.

No publication requi rement applies.


Australian Broadcasting Corporation

No publ ication requirement applies



Information not permitted to be published pursuant to section 7 8 8( 2) of the RT! Act.

Information not permitted to be published pursuant to section 788(2) of the RTI Act.


nominated


No publ ication requi rement applies

No entity nominated



No entity nominated

No publication requirement appl ies


No publication requi rement appl ies.

No entity nominated

No entity nominated


No publ ication

pursuant to section 788(2) of the RTI Act.

Docµments a:!easgd under

340·5·3801 m4.2H

Documents releaseg und@r

340·5·3802 m6.SM

pocuments releaseg unger

340-5-3804 m llM

Released documents not permitted to be published pursuant to section 788(2) of the RTI Act.

Finalised (Application withdrawn). No publication requirement applies.

Documents to be released

und"'r 340·5· 38 18 m t6K

Finalised (documents non-existent) . No publication applies

Finalised (Application refused) . No publlc.>tlon requirement applies.

Finalised (Appllc.>tlon refused). No publication requtrement applies.

QQS;Mmr:nSS: ri:lr:ur::~ under

340-5·3826 m 22M

QO!;!.!!ll~OtS: r!:lr:~S:r:i;I !i,!nder

340·5·3830 m2.lM

All documents contain personal Information of the applicant. No publication requirement applles.

Finalised (Appllc.>tion

340/5/3835

340/5/3840

340/5/3841

340/5/3842

340/5/3846

340/5/3857

340/5/3863

340/5/3865

340/5/3866

340/5/3867

340/5/3882

340/5/3884

340/5/3889

340/5/3890

340/5/3891

340/5/3900

12/05/2016

30/05/2016

17/05/20 16

17/05/2016

25/05/2016

09/06/ 20 16

14/06/2016

24/06/20 16

17/06/2016

17/06/2016

20/07/2016

04/07/2016

8/07/2016

11/07/2016

Information regarding exdusiol'\S and suspensions from all Queensland State Schools between 1 January 20 14 and 12 May 2016.

Documents relating to incidents involving another person which led to a sect.ion 337 notice.

All financials (for the past 5 years) relating to the costs borne and income received f rom the operation of the Tewantin State School pool, indudlng any government rebates or grants that are currentl y, or have been, In place. Any correspondence or discussions pertaining to the current or future lease or hire arrangements for the pool . Coples of previous lease agreements or hire arrangements the school has had In place.

A spreadsheet listing all claims by departmental teachers lodged with and accepted by WorkCover Queensland between I January 2014 and 17 May 2016 where the mechanism of i njury is •being assaulted by a person or persons· .

Documents relating to the education of a student.

Documents concerning the education of the applicant's child.

Copies of the general expenditure financial delegation held by various departmental officers in force between 13 October 2005 and 19 June 2015.

Documents concerning the education records of a former student.

Documents related to the applicant's e:mployment.

Documents related to the applicant's employment.

Documents relating to the applicant' s employment.

Documents relating to the education of a student.

Copies of documents detailing funds paid to Queensland schools by the Commonwealth bank of Australia relating to the school banking program Dollarmltes.

Documents created or received between 1 January 20 1'4 and 1 July 2016 In relation to, or concerning sexual assault(s) occurrtng in State (Primary) Schools:

I. Briefing notes prepared by, or progressed through, the Department"> State Schools Division; 2 . School Alert Notifications; and 3. programs the Department is using, or proposing to use to combat the Issue of sexual assaults in Primary schools

occurring in schools.

Documents created or received between 1 July 2014 and 1 July 2016 in relation to, or concerning drug use in Queensland Schools:







No publication requi l"t!ment applies.




Informat ion sought not revised




11/07/2016 ~ : ~~:!~~gA~:~e~~;i~rca:t~~n~Y· a~progressed through, the State Schools Division; No publ lcation requirement applies.

3. Correspondence between this Department and the Queensland Department of Health with regards to combating this problem and/or education programs in place.

23/08/2016 Documents concerning the education of the applicant's parent. Informat ion sought not rev ised.



No publ icat ion requi rement appl ies.

Seven Network


Information not penmitted to be publ ished pursuant to section 78B(2) of the RT! Act.


Information not permitted to be published pursuant to section 78B(2) of the RT! Act.



Information not permitted to be published pursuant to section 7 8 B( 2) of the RT! Act.

Informat ion not permitted to be published pursuant to section 78B(2) of the RT! Act.


ABC Queensland

No publlcatlon requirement applies.


Information not

requl rement withdrawn). No publication applies. requirement applies.

No publication Finalised (Application requi rement wi thdrawn). No pubficatlon applies. requirement applies.

No publication Finalised (Application requirement withdrawn). No publication applies. requirement applies.

No entity t2S2f.:!.lmtni:t ~l!:i!i~g !.ID~~(

nominated 340 -5-3842 'm102<

No pubf lcation Finalised (Application requirement wi thdrawn). No publication applies. requi rement applies.

Released documents not No entity permitted to be publ ished nominated. pursuant to section 788( 2)

of the RT! Act.

No publication Finalised ( Application requirement withdrawn). No publication applies. requirement applies.

Released documents not No entity permitted to be published nominated pursuant to section 78B(2)

of the RT! Act.

Re leased documents not No entity permi tted to be published nominated pursuant to section 78B( 2)

o f the RT! Act.

No publ ication Finalised (Appl icat ion requirement withdrawn). No publ icat ion applies. requi rem ent applies.

Released documents not No entity permitted to be publ ished nominated pursuant to section 78B( 2 )

of the RT! Act.

Released documents not No entity permitted to be published nominated. pursuant to section 78B(2)

of the RT! Act.

No publication Finalised (Appl ication requirement withdrawn). No publication appl ies. reqUi rement appfles.

No entity QQs:!.!m !J:ntS; r!:l~~!i!!g under

nominated 340 ·5-3890 m 68M

No publ ication Finalised ( Appl ication requirement withdrawn). No publ ication appUes. requirement applies.

No ent ity nominated.

Released documents not permitted to be published pursuant to section 78 B(2) of the RT! Act.

Re leased documents not

340/5/3901 20/07/2016 Documents re.latin9 to an incident the applicant was involved in. Information sought not revised permi tted to be No entity permitted to be publ ished published purSuant to nominatf!:d purSuant to s&tion 788(2) section 7 8 8( 2) of the of the RT! Act. RT! Act.

Documents providing: No publication No publication Finalised (Application 340/5/3902 17/07/2016

1. the names of schools which have CCTV cameras Installed or have applied to have them installedi and No publlcatlon requirement applies. requirement applies. requirement withdrawn). No publication

2. CCTV footage of 3 identified (by the applicant) incidents of vandalism applies. requirement applies.

Informat ion not Released doroments not permitted to be No entity permitted to be published

340/5/3904 22/07/2016 Documents relating to the applicant's employment. Information sought not rev ised published purSuant to nominated purSuant to section 788(2) section 788(2) of the of the RT! Act.

RT! Act.

Reports and briefing notes stemmin9 from an audit/lnvest19ation commissioned by the government, and conducted by a No publication Finalised (transferred to

340/ 5/3906 0 1/08/2016 private company, into the Yabulu nickel refinery in 2016, focusing on maintenance Issues. Possibly commission~ by No publ ication requirement applies. No publication

requirement Office of Industrial

Wor1cplace Health and Safety Queensland/the Office of Industrial Relations, In connection to Yabulu being a major hazard requirement applies. applies. Relations) No publication facil ity. requirement appl ies.

No publication Finalised (transferred to

340/5/3907 01/08/2016 All correspondence between Worlcplace Health and Safety Queensland and Queenslond Nickel Sales/QNI Metals/QNI No publication requirement applies. No publication requirement Office of Industrial Resources between March 2016 and present about the Yabulu refinery. requl rement appl ies.

applies. Relations) No publication requirement applies.

No publication No publication Finalised (Application

340/5/3925 15/08/2016 Documents relating to decisions by the Windsor State School Principal regarding the availability of Religious Instruction. No publication requirement appties. requirement applies. requirement withdrawn). No publication appl ies. requirement applies.

No publ ication All documents conta in No publication personal information of the 340/5/3927 22/08/2016 Documents related to a complaint involving the applicant. No publication requirement applies. requirement applies.

requirement applicant. No publication applies. requirement applies.

No publication No publ ication Finalised ( Application

340/ 5/3928 23/08/2016 The appl icant seeks access to information about another person. No publication requirement applies. requirement appUes.

requirement withdrawn). No publication applies. requirement applies.

No publication All documents contain

No publ ication personal information of the 340/5/3929 24/08/2016 The appl icant seeks access to documents rel ating to an Incident occurring at school involving two students. No publication requ irement applies. requirement applies.

requirement applicant. No pubHcation applies. requirement applies.

To be

To be published upon finalisation of To be published upon published To be publ ished upon 340/5/3930 16/08/20 16 Documents relating to the Windsor State School site and the lease of buildings. appl ication final isation of upon fina llsatlon of application application flnallsatlon of

apJ>'ication

1. Any records that specifically document our dient's fa ll In the playground of North Rockhampton State High and any remediation wortc that was recomm ended or carried out as a result of that fa ll. Documents contain

2. Copies of any policies and procedures that relate to the Education Department's recommended management of No publication No publication personal Information of the 340/5/3931 29/08/2016 identifying, recording and repairing trip and fall hazards In the playgrounds of schools that relate to the time period No publ ication requirement applies.

requirement applies. requirement

applicant. No publication where our client fell at school. applies.

requirement applies. 3. Any audit results with regard to compliance or otherwise by North Rockhampton State High with these policies and

procedures.

A copy of the follow ing reports (completed by consultants/contractors for the Department in 2014/2015) : Documents released under 34 0/5/3932

1. Review of University Financial Reporting Requirements; Information sought not revised Australian Broadcasting No entity

f!lU ~l.BM 340/5/3932 24/08/2016 2. Consultancy services to study the scope for new special schools; Corporation nominated 3. Queensland State Schooling Resourcing Review; and 4. School Improvement Optimisation Services

fJk..A m 2. 4M

To be

To be published upon finalisat ion of To be published upon published To be published upon 340/5/3946 25/10/2016 Documents relating to complaints made regarding the alleged misconduct of a former employee. application

finali sation of upon finalisat ion of application

application flnallsation of appUcation

Documents related to electrical wor1cs conducted at Inala State School, Inala State High School and Inala West State No pubf lcation No publication Finaflsed (Documents non·

340/5/3948 13/09/2016 No publication requirement applies. requirement existent). No publ ication School between 1978 and 1985 requirement applies. applies. requirement applies.

Information not permitted to be No entity QQs;;!,!m!:;nts: r!:ICii!~C~ ynder

34 0/513950 16/09/20 16 Documents related to the employment of HPE teachers by the Department. Information sought not revised published pursuant to nominated 340·5·3950 m 4.3M section 78B(2) of the RTI Act.

340/5/3965 28/09/2016

340/5/3974 13/10/201 6

340/5/3978 14/10/2016

340/5/3979 18/10/2016

340/ 5/ 3980 15/11/ 20 16

340/ 5/ 3982 19/10/2016

340/ 5/3983 19/10/2016

340/ 5/3991 0 1/ 11/20 16

340/ 5/ 4009 17/11/2016

" Top of page

A copy of the two Internal Reports Issued by the Department.

1. A copy of correspondence between the Department and two Identified indiv iduals. 2 . A business case submitted to the Department, and the Department's response.

A spreadsheet listing all claims by departmental teacher$, prtncipals, deputy pr1ncipals and teacher aides lodged with WorkCover for each year for the past five years as a result of an alleged assault. The spreadshe:et is to lndude date of incident, whether the claim was accepted or rejected, Injuries caused and the number of days off work.

Documents concemin9 the empfoyment of the appl icant's parent.

Documents relating to the employment or the applicant and the maintenance work at a State School

A copy of two Internal Reports, issued by the Department.

1. A copy of correspondence between the Department and two identified individuals. 2 . A business case submitted to the Department. and the Department's response.

Documents created between 6 June 2016 and 18 August 20 16 concerning the 'Report on the Revi4!W of the Connect Rellglous Instruction Materials - August 2016'.

AppUcant seeks access to information relating to his children's education.

This page was last reviewed on 16 Dec 2016 at 09:36AM

!'.~ Copynght I D1scla1mer I f.o..v.a..Q'. I R1aht to information I Access keys I f Other lanauages

© The State of Queensland (Department of Education and Training) 2016.

Queensland Government






No publication requi rement appl ies.

To be published upon f inalisat ion of appl ication


To be published upon f inalisation of appl ication


requirement applies. requirement withdrawn). No publ ication applies. requl rement applies.

No publication No publicat ion Finalised (Appl ication

requirement appHes. requi rement withdrawn). No publication applies. requi rement applies.

No entity l22sa.1mi:nt::i r!:l~iUi!:S2 !.!"g~r The Australian nominated 340-5-3978 mm. Information not

Released doctJments not permitted to be No entity permitted to be publ ished published pur$uant to nominated. pur$uant to section 788(2)

section 788(2) or the of the RT! Act . RT! Act.

To be To be published upon published

To be published upon f inalisation of upon applicat ion finalisation of finalisation of applicat ion

ap~ication


requirement applies. requirement withdrawn). No publication appl ies. requirement applies.

To be To be publ ished upon published To be published upon finalisation of upon

finalisation of application application rlnalisat jon of application


To be published upon final isation of upon f inalisation of appl ication appl ication flnalisation of application


To be publ ished upon finalisation of upon appl ication f inalisation of f inalisation of application

application

Minister for Education and ~~::,~,~::~:~ Minister for Tourism and Major Events

Hon Peter Wellington MP Speaker of the Legislative Assembly Alice Street BRISBANE QLD 4000

Dear Mr Speaker,

Level 22 Educalion House 30 Mary Street Brisbane 4000 PO Box I 5033 City Easl Queensland 4002 Australia Telephone +61 7 3719 7530 Email [email protected]

I refer to your correspondence received by my office on 18 January 2017, enclosing correspondence and submission from Ms Tracy Davis MP, the Member for Aspley dated 19 December 2016.

The Member for Aspley alleges I misled Parliament on the basis of a statement I made in the House on 30 November 2016.

On 30 November 2016, during Question Time, the Member for Cook queried if either the Director-General of Education or myself had provided the internal audit reports relating to Cape York Academy and/or the Cape York Aboriginal Australian Academy to the Australian Broadcasting Corporation or any other media outlet.

In my response, I stated "My understanding is that the audits were undertaken by the department of education and that they were released to the ABC under the right to information legislation ."

I note your acknowledgment of my submission to you, Mr Speaker, on 15 December 2016 following an article in The Australian alleging I had misled Parliament.

Mr Speaker, I submit the Member for Aspley has not made out the offence of contempt of Parliament.

I believe my submission of 15 December 2016 clearly articulates why the offence is not made out, however, I welcome the opportunity to provide further advice in regards to the Member for Aspley's allegation .

2

The Member for Aspley refers to The Australian article on 15 December 2016 and comments made by a spokeswoman for the Department of Education and Training:

She confirmed that internal audit reports were released to the ABC ' informally' .

The Member for Aspley alleges this is evidence the reports were not released under the RTI Act in contradiction to my statement made to the House on 30 November 2016.

As I said in my previous letter to you on 15 December 2016, I was advised the documentation was provided by the Department of Education under the Right to Information administrative release framework .

My earlier submission clearly demonstrated that I was advised the Department had commenced the processes required under the RTI Act by negotiating the scope with the applicant and then deciding, through this process, to administratively release the audit documents.

Having been a part of the parliament that passed the Right to Information Act in 2009, I clearly understand the intention of the Act was for documents to be proactive ly released as often as possible at the request of people seeking access to government and departmental documentation.

The preamble of the legislation states:

Government information will be released administratively as a matter of course, unless there is good reason not to, with applications under this Act being necessary only as a last resort.

Further, section 44(4) of the RTI Act states:

(4) ... it is the Parliament's intention that this Act should be administered with a pro-disclosure bias and an agency or Minister may give access to a document even if this Act provides that access to the document may be refused.

As I have stated above and in my previous correspondence, the intent of the Act is for prodisclosure.

Mr Speaker, I am advised, in-line with the intent of the RTI Act, the Department commenced the required processes under the RTI Act and then, through negotiations with the applicant, released the documents administratively.

I submit, Mr Speaker that my statements do not contain any apparent or proven factually incorrect matter, nor were my statements misleading.

As stated in my earlier submission, Mr Speaker, my intention in making the above statement was to answer the question honestly, sharing with the parliament the details as I understood them to all members of parliament.

3

As I have previously advised you, Mr Speaker, I believed the statements to be true, and as I have outlined in my correspondence to you regarding this matter I had reasonable grounds for so believing. However, if this is not accepted, I give my assurance to you, Mr Speaker, that it was not my intention to mislead the House.

Based on the information I have provided, I do not believe I have intentionally misled the

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Minister for Minister for/Tourism, Major Events Member for Ashgrove