26 September 2023

Strong new powers for Auditor General

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Western Australia’s Auditor General is to be given new statutory rights to access highly sensitive Government information as part of reforms exposing public transparency and accountability.

According to the State’s Treasurer Mark McGowan, the reforms will overcome long-standing deficiencies in the existing legal framework which have inhibited successive Auditors General from accessing highly sensitive information, including that which is subject to Cabinet confidentiality, legal professional privilege, and other claims of public interest immunity.

In 2015, the then Auditor General, Colin Murphy identified the need to clarify the legal framework.

The lack of clear authority in the Auditor General’s information-gathering powers was also noted in 2016 by the Joint Standing Committee on Audit in its review of the current Act and in 2018, the Langoulant Report called for the matter to be addressed as an important issue in public accountability and transparency.

Finally announcing the proposed measures, Mr McGowan said the reforms would provide the Auditor General with unprecedented access to a wide range of highly sensitive information, including Cabinet materials.

“They are the latest in a series of improvements to public sector accountability and integrity,” Mr McGowan said.

“The proposed reforms will empower the Auditor General to further assist Parliament in holding Governments to account, strengthening the trust, transparency, and accountability of Government within the community.”

Current Attorney General, John Quigley said the legislation would ensure the confidentiality of materials, including those subject to legal professional privilege, would continue to be maintained.

“The legislation clearly expresses the Auditor General’s right to access highly sensitive information to carry out their statutory functions while adopting sufficiently rigorous processes to ensure the material is managed appropriately,” Mr Quigley said.

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