report

Opinions on Ministerial Notifications

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Key findings

The decisions by the Premier and 2 Ministers to withhold agency VTSS targets from Parliament were reasonable and therefore appropriate.

The Premier and Ministers sought advice from their agencies before responding to the request:

  • The Department of the Premier and Cabinet recommended the Premier decline to provide the information as it formed part of deliberations of the Expenditure Review Committee and was considered Cabinet-in-confidence.
  • The Department of Primary Industries and Regional Development recommended the Minister decline to provide the information. In advising the Minister, the Department relied on advice from the Premier’s Office that agency targets were Cabinet-in-confidence.
  • WA Police recommended the Minister decline to provide the information as the information was considered Cabinet-in-confidence. In advising the Minister, WA Police relied on a letter from the Treasurer received in October 2017 regarding Cabinet’s decision about VTSS agency targets.

We assessed the requested information against our Cabinet confidentiality considerations and found:

  • agency VTSS targets were not generally known or ascertainable from publicly available information. The VTSS was announced as part of the Government’s Budget repair measures in the 2017-18 Budget. It targeted 3,000 separations at public sector agencies. However, individual agency targets were not made public.
  • agency VTSS targets would reveal the deliberations and decisions of Cabinet. The scheme was still being implemented and subject to future Cabinet deliberations and decisions at the time the Premier and Ministers declined to provide the information to Parliament. Individual agency targets were approved by Cabinet in October 2017 and, in doing so, Cabinet requested progress updates during implementation of the scheme. An update was provided to Cabinet in January 2018, and in February 2018 Cabinet approved an extension to the closing date for the scheme from 31 March 2018 to 30 June 2018.
  • agency VTSS targets were prepared by the Treasurer to inform Cabinet deliberations and decisions. We reviewed the Cabinet documents and found they did include agency targets for Cabinet approval, as well as options and recommendations for the implementation of the VTSS.
  • the information would lack meaning if provided to Parliament with those parts that reveal deliberations and decisions of Cabinet redacted. We note the Minister for Police did consider providing information that would not reveal deliberations and decisions of Cabinet.

In our view, the decision by the Premier and 2 Ministers not to disclose the information is consistent with the public interest of upholding the principle of Cabinet confidentiality.

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