Question On Notice No. 1426 asked in the Legislative Council on 26 June 2018 by Hon Robin Chapple
Question Directed to the: Minister for Regional Development representing the Minister for Mines and Petroleum
Parliament: 40 Session: 1
Question
(1) Will the
Minister quote and state what specific provisions of the Mining Act 1978, or
other provisions, from legislation prevent and stop the Department of Mines Industry
Regulation and Safety (DMIRS) employees/contractors from using highly sensitive
information, obtained in the course of their duties to then use that information
to prepare documents for other third parties, including mining tenement
applications in which they have a royalty or direct/indirect financial interest
which is not declared to the department or the wider public of Western Australia?
(2) If no to (1), why not?
(3) Does
the Minister support DMIRS employees/contractors using highly sensitive
information, obtained in their course of their duties of employment, to then use
that information to obtain a financial benefit of some kind by way of a royalty
or some other financial interest in mining tenement applications?
(4) If yes to (3), why?
(5) If no to (3), why not?
Answered on 28 August 2018
(1) The Public Sector Management Act 1994 (the Act) requires all DMIRS employees to comply with the Department’s Code of Conduct and the WA Public Sector Code of Ethics. Breaches of the Code by employees could result in disciplinary action undertaken under the Act. The Code of Conduct specifies that all officers are to ensure the integrity and security of confidential information and to act with diligence in undertaking their duties, including financial activities. The Code also specifies that any conflict of interest must be identified, declared and monitored. The Code must be read and signed by each employee at the Department.
Contractors engaged by DMIRS are required to complete a Code of Conduct Contractor Agreement that contains specific provisions in respect to Breach of Discipline. In certain circumstances amounting to serious misconduct, the Contract may be terminated immediately and may be reported to the relevant authorities, such as the Crime and Corruption Commission.
Contractors engaged through Temporary Personnel Services CUATPS2014 must also comply with Special Condition 9 of the Customer Contract - all information within Western Australian Public Authorities and Other CUA Approved Users is of a sensitive nature and confidential. Temporary Personnel should not discuss, pass on or transmit information during or after their engagement without the express authority of the Director General or their delegate.
Additionally, suppliers of temporary personnel under CUATPS2014 must have Professional Indemnity Insurance covering the legal liability of the Contractor and the Contractor’s Personnel extended to include:
- fraud, dishonesty, defamation, breach of confidentiality, infringement of patent, copyright, design, trade mark or circuit layout rights;
- loss of or damage to documents and data; and
- breach of Chapters 2 and 3 of the Australian Consumer Law and the Australian Consumer Law (WA).
Section 81 of the Criminal Code provides penalties for unauthorised disclosure of information.
(2) Not applicable
(3) No
(4) Not applicable
(5) See response to (1)