The injunction granted by the ACT Supreme Court against Chief Minister Jon Stanhope over the Gallop inquiry into disability services in the ACT seems to have been cast far too widely. Justice Ken Crispin granted the injunction on the application of four senior ACT bureaucrats who feel their reputations might be adversely affected by the publication of the report.
Mr Gallop, QC, himself a former Supreme Court judge held an extensive inquiry over several months following the death of three disabled people. One of the reasons for the inquiry, instituted by the previous Government, was the rising public disquiet over the deaths. There has also been or continuing several coronial inquests.
Mr Gallop’s inquiry and the coronial inquests do not define rights – they are not empowered to fine or jail people or award damages. Their task is to come to conclusions fairly quickly about the circumstances of the deaths and whether there are systemic deficiencies that need to be addressed quickly. There is a great public interest in these inquiries. The public has a right to know if disability services are running properly or if there are any circumstances surrounding the deaths that warrant prosecution or police inquiry. That public interest is defeated if reporting by the inquirer is frustrated by the courts.
The findings of these inquiries should not affect later proceedings – which run with the full trappings of the rules of evidence and rights to call and cross-examine witnesses.
Mr Stanhope and his legal advisers should not have acquiesced in the granting of the injunction. Certainly they should have resisted an injunction purporting to prevent the report from being tabled in the Parliament. That is an affront to the separation of powers. These reports should be tabled as soon as possible.
THE BUSHFIRE CAPITAL: Monday’s fires were a visible reminder that we live in the bush capital. It must have seemed bizarre to many people who live outside Canberra that Government House itself could be threatened by a bushfire and that houses fairly close to Parliament House had flames licking near their back gardens.
For all the joys of the bush – the wildlife, the subtle flowers, the majestic trees, the myriads of insects and the range of smells – there are hazards and fire is the most hazardous. It kills and injures more people and destroys more property than any other hazard.
Fortunately, Monday’s fires did not claims any houses or lives, but they came close. This does not mean that we should use fire hazard as an excuse to end the concept of the bush capital. But it does mean we should take stock. In this Christmas week Canberrans – who rightly take great joy in the open spaces and undeveloped ridges – must also give thanks and appreciation to those who sacrificed Christmas with their families to protect the lives and property of others. The list of organisations whose employees and volunteers took part in fighting the fires reveals the extent of the effort: ACT Bushfire Service; ACT Emergency Services Bureau; the ACT Fire Brigade; the ACT Emergency Services Volunteers – feeding firefighters and manning roadblocks to free up others; the Australian Federal Police; the ACT Ambulance Service; Southcare Helicopter – bucketing water; Venture Helicopters – spotting and bucketing; NSW SES, particularly those in this region; Yass Bushfire Service; Yarrowlumla Shire Bushfire Service; the Queanbeyan Fire Brigade; Emergency Management Australia (via the Attorney-General’s Department); media outlets; Salvation Army Emergency Welfare team; ACT Parks and Conservation; Cityscape; ACT Forests; ACTEW; chaplains for each of the Emergency Services
We must now ask the question about whether more preventative burning off should take place in the cooler months and whether the resourcing of emergency services can be improved.