

- Title
ADJOURNMENT
Cracknell, Ms Ruth, AM
- Database
Senate Hansard
- Date
14-05-2002
- Source
Senate
- Parl No.
40
- Electorate
South Australia
- Interjector
- Page
1418
- Party
ALP
- Presenter
- Status
Final
- Question No.
- Questioner
- Responder
- Speaker
Schacht, Sen Chris
- Stage
Cracknell, Ms Ruth, AM
- Type
- Context
Adjournment
- System Id
chamber/hansards/2002-05-14/0103
Previous Fragment Next Fragment
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Hansard
- Start of Business
- CONDOLENCES
- QUESTIONS WITHOUT NOTICE
- DISTINGUISHED VISITORS
-
QUESTIONS WITHOUT NOTICE
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Health: Program Funding
(Crowley, Sen Rosemary, Patterson, Sen Kay) -
Telecommunications: Services
(Ferris, Sen Jeannie, Alston, Sen Richard) -
Australian Broadcasting Corporation
(Hutchins, Sen Steve, Alston, Sen Richard) -
Immigration: Detention Centres
(Bartlett, Sen Andrew, Ellison, Sen Chris) -
Communications: Television Sports Broadcasts
(Lundy, Sen Kate, Alston, Sen Richard) -
Environment: Australian Bird Migration
(Brown, Sen Bob, Hill, Sen Robert) -
Superannuation: Commercial Nominees of Australia Ltd
(Buckland, Sen Geoffrey, Coonan, Sen Helen) -
Car Industry: South Australia
(Chapman, Sen Grant, Minchin, Sen Nick) -
Taxation: First Home Owners Scheme
(West, Sen Sue, Coonan, Sen Helen)
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Health: Program Funding
- QUESTIONS WITHOUT NOTICE: TAKE NOTE OF ANSWERS
- PETITIONS
- NOTICES
- BUSINESS
- COMMITTEES
- NOTICES
- RESTORATION OF BILLS TO THE NOTICE PAPER
- DOCUMENTS
- HUMAN RIGHTS: CHINAFRANCE: AUSTRALIAN WAR GRAVES
- SENATORS' INTERESTS
- DOCUMENTS
- COMMITTEES
- COMMITTEES
- MARRIAGE AMENDMENT BILL 2002
- AUSTRALIAN SECURITY INTELLIGENCE ORGANISATION LEGISLATION AMENDMENT (TERRORISM) BILL 2002
- BILLS RETURNED FROM THE HOUSE OF REPRESENTATIVES
- TAXATION LAWS AMENDMENT (BABY BONUS) BILL 2002
- ASSENT
- ELECTORAL AND REFERENDUM REGULATIONS 2001 (NO. 1)
- BUDGET
- ADJOURNMENT
- DOCUMENTS
- PROCLAMATIONS
- QUESTIONS WITHOUT NOTICE: ADDITIONAL ANSWERS
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QUESTIONS ON NOTICE
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Attorney-General's: Intelligence Services
(Brown, Sen Bob, Ellison, Sen Chris) -
Australian Defence Force: Stunden Report
(Brown, Sen Bob, Hill, Sen Robert) -
Health: Safecare
(Brown, Sen Bob, Vanstone, Sen Amanda) -
Defence: Active Sonar
(Bartlett, Sen Andrew, Hill, Sen Robert) -
Environment: Offshore Seismic Surveys and Noise Pollution
(Bartlett, Sen Andrew, Hill, Sen Robert) -
Family and Community Services: Special Needs Subsidy Scheme
(Allison, Sen Lyn, Vanstone, Sen Amanda) -
Health: Chiltern Hospital
(Allison, Sen Lyn, Patterson, Sen Kay) -
Australian Hearing Services
(Allison, Sen Lyn, Patterson, Sen Kay) -
Family Court of Australia
(Harris, Sen Len, Ellison, Sen Chris) -
Parliamentarians' Entitlements
(Murray, Sen Andrew, Abetz, Sen Eric) -
Transport: Market Research
(Ray, Sen Robert, Macdonald, Sen Ian) -
Government Employee Entitlements Scheme
(Hutchins, Sen Steve, Alston, Sen Richard) -
Telstra: Retrenchments
(Hutchins, Sen Steve, Alston, Sen Richard) -
Telstra: 1800 Prefix
(Harris, Sen Len, Alston, Sen Richard) -
Environment Australia: Mining Booklets
(Brown, Sen Bob, Hill, Sen Robert) -
Environment Australia: Tailings Disposal
(Brown, Sen Bob, Hill, Sen Robert) -
Environment Australia: Tailings Disposal
(Brown, Sen Bob, Hill, Sen Robert) -
Environment Australia: Tailings Disposal
(Brown, Sen Bob, Hill, Sen Robert) -
Environment Australia: Tailings Disposal
(Brown, Sen Bob, Hill, Sen Robert) -
Environment Australia: Tailings Disposal
(Brown, Sen Bob, Hill, Sen Robert) -
Environment: Renewable Energy Certificates
(Allison, Sen Lyn, Hill, Sen Robert) -
Transport: Airport Passenger Movements
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Transport: Airport Noise
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Transport: Airport Noise
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Transport: Road Funding
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
National Road Transport Commission
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Aviation: Deep Vein Thrombosis
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Transport: Lismore Flood Levee Funding
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Forestry
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Forestry
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Fisheries
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
National Action Plan on Salinity and Water Quality
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
National Action Plan on Salinity and Water Quality
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Budget
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Australian Quarantine Inspection Service: Meat Inspectors
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Action Plan for Australian Agriculture Food and Fibre
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Australian Bureau of Agricultural and Resource Economics: Study
(O'Brien, Sen Kerry, Macdonald, Sen Ian) -
Ansett Holiday Package Relief Scheme
(Ridgeway, Sen Aden, Minchin, Sen Nick) -
Tourism: Domestic Holiday Rebate Scheme
(Ridgeway, Sen Aden, Minchin, Sen Nick) -
Transport: Air Passenger Ticket Levy
(Ridgeway, Sen Aden, Macdonald, Sen Ian) -
Environment: Hazardous Waste
(Greig, Sen Brian, Hill, Sen Robert) -
Aged Care
(Evans, Sen Chris, Patterson, Sen Kay) -
Comcar Certified Agreement
(Allison, Sen Lyn, Abetz, Sen Eric) -
Environment: Grey-Headed Flying Foxes
(Allison, Sen Lyn, Hill, Sen Robert) -
Telstra: Price Controls
(Allison, Sen Lyn, Alston, Sen Richard) -
Trade: Thailand
(Brown, Sen Bob, Hill, Sen Robert) -
Forestry
(Brown, Sen Bob, Macdonald, Sen Ian) -
Child Support Agency
(Conroy, Sen Stephen, Vanstone, Sen Amanda) -
Environment: Commercial Fishing
(Bartlett, Sen Andrew, Hill, Sen Robert) -
Australian Federal Police: Investigative Powers
(Ludwig, Sen Joe, Hill, Sen Robert) -
Attorney-General's: Family Law Act
(Ludwig, Sen Joe, Ellison, Sen Chris) -
Defence: Personnel
(Bourne, Sen Vicki, Hill, Sen Robert) -
Commonwealth Heads of Government Meeting
(Allison, Sen Lyn, Hill, Sen Robert) -
Industry: Coal
(Allison, Sen Lyn, Minchin, Sen Nick) -
Environment: Mount Olympus
(Brown, Sen Bob, Hill, Sen Robert) -
Immigration: Detention Centres
(Hutchins, Sen Steve, Ellison, Sen Chris) -
Environment: Uranium Mining
(Allison, Sen Lyn, Hill, Sen Robert) -
Telstra
(Allison, Sen Lyn, Alston, Sen Richard) -
Foreign Affairs
(Bolkus, Sen Nick, Hill, Sen Robert) -
Australian Foundation for Disabled: Employee and Superannuation Payments
(Allison, Sen Lyn, Vanstone, Sen Amanda) -
Veterans' Affairs: Survey
(Harris, Sen Len, Hill, Sen Robert) -
Tolerance
(Brown, Sen Bob, Hill, Sen Robert) -
Environment: Lake Cowal Gold Mining Project
(Brown, Sen Bob, Hill, Sen Robert) -
Human Rights: Falun Gong
(Brown, Sen Bob, Hill, Sen Robert) -
Customs: Fuel Excise Duty
(Ludwig, Sen Joe, Ellison, Sen Chris) -
Defence: Integrated Distribution System
(Evans, Sen Chris, Hill, Sen Robert) -
Defence: Counselling Services
(Evans, Sen Chris, Hill, Sen Robert) -
Jindalee Operational Radar Network
(Evans, Sen Chris, Hill, Sen Robert) -
Environment: Stuart Oil Shale Project
(Carr, Sen Kim, Hill, Sen Robert) -
Environment: Stockholm Convention
(Carr, Sen Kim, Hill, Sen Robert) -
President: Expenses of Office
(Conroy, Sen Stephen, Reid, Sen Margaret) -
Foreign Affairs: Sepon Mine in Laos
(Brown, Sen Bob, Hill, Sen Robert) -
Electorate Offices
(Faulkner, Sen John, Abetz, Sen Eric) -
Defence: Kyrgyz Republic
(Evans, Sen Chris, Hill, Sen Robert)
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Attorney-General's: Intelligence Services
Page: 1418
Senator SCHACHT (7:58 PM)
—In the adjournment debate tonight I wish to speak on a matter relating to the National Gallery of Australia. But, before I do, I want to take this opportunity to pay my respects and express my condolence to the family of Ruth Cracknell, a great Australian who unfortunately passed away last night. I do not think there would be anyone on any side of politics in this chamber who would not want, at an appropriate stage over the next few days, to pay tribute to this great Australian. She was not only an outstanding actress but also an outstanding contributor to Australian society over her long distinguished life in Australian acting. Without being too provocative, I have to say that, though the Senate today paid a tribute to the passing of Queen Elizabeth, the Queen Mother, I believe that Ruth Cracknell's contribution to Australian society far outweighed the contribution by the Queen Mother, who was a citizen of another country.
I now turn to the National Gallery issue. From November 1997, Senator Kate Lundy and I, in the Senate estimates committee, had raised issues about the administration of the art gallery. Those issues dealt particularly with the operation of the airconditioning system and the complaints made by staff. It was a tedious and, at times—even for me— boring process, but it seemed to me, from the information I had received from a number of former employees of the gallery, that they had a substantial case to put to the gallery that was not being answered through the normal procedures. I am reminded, seeing Senator Boswell here, of the attitude he and I took when dealing with the COT cases of Telstra, and I took a similar one here. There seemed to be a case that only the estimates committee could raise and force some answers.
Through all of this, I placed many questions on notice. I spent hours questioning Mr Kennedy and other senior staff. At times I got answers I was not satisfied with and at times the written answers were not satisfactory, but I kept pushing on. I have to pay tribute here to former employees Brian Cropp and Bruce Ford, who quite openly provided me with information and background on many of the questions I asked.
Earlier this year, on 20 April, an article written by Alan Ramsey appeared in the Sydney Morning Herald. His Saturday column went on at great length about how I had been obsessed and unfair in questioning Mr Kennedy and asked what I was doing. He said that I had the temerity to call Dr Kennedy `Mr Kennedy', that I had made snide remarks and generally had not performed well at the estimates committee. He did have the courtesy to ring me before he published the story. I did point out to him, because he was unaware of it, that only a month earlier Comcare Australia, in an investigation into the sacking of Brian Cropp, found that the National Gallery of Australia had contravened section 76 of the Occupational Health and Safety (Commonwealth Employees) Act 1991 and recommended that procedures change in the gallery so that what happened to Mr Cropp would not happen to any other employee who had the temerity to question process and management issues to do with the health and safety of not only the staff but also the many visitors who go to our pre-eminent gallery. Mr Ramsey in his article made no mention of the fact that the Comcare investigator had found that the gallery had breached the act in the way it had forced Mr Cropp out of his job.
I take this opportunity of the adjournment debate—the first opportunity since the article appeared—to put the record straight. I certainly will be asking further questions of the gallery at estimates in June about what they are doing to compensate Mr Cropp for being dismissed and forced out of an occupation at the gallery. For the record, I will read a section of the report. I will also seek leave at the end of my remarks to table this report, and I have checked with the various whips and they will give me leave to do so. The conclusion of the report into Mr Cropp's dismissal by the independent investigator appointed by Comcare reads:
Conclusion
All the evidence suggests that Mr Cropp would have been able to perform the duties of the fittest position as it related to the HDAC—
that is, the airconditioning system—
in a technically competent manner. The question then arises: is Mr Cropp being excluded from the position because he complained about the safety of the systems or because his conduct suggested that he may not carry out his duties objectively? Given the evidence on the other matters above, it is difficult to conclude that only Mr Cropp's objectivity was in issue.
Overall conclusions
As indicated above, in my view, the onus falls on the NGA to show that the reason Mr Cropp was unsuccessful for the position was not for the reason that he complained about the health, safety or welfare of employees at work. I do not consider that that onus has been discharged.
The report, and I will not read it all, concludes:
I conclude—
that is, the investigator—
that the NGA has contravened section 76 of the Occupational Health and Safety (Commonwealth Employees) Act 1991 by prejudicially altering Mr Cropp's position as an NGA employee by not appointing him as the recommended applicant to the permanent position with the NGA because he had complained about a matter concerning the health, safety and welfare of employees at work, namely the state of the NGA's heating, ventilation and airconditioning systems. The NGA, of course, is not subject to prosecution or penalty under the provisions of section 76 of the act.
There are then a number of recommendations made in the report to ensure that the NGA does not again act pre-emptively against Mr Cropp's activities.
Mr Cropp is in the best traditions of a whistleblower. He was concerned about the safety and health of the employees and he was concerned about the safety and health of all the people who visit the gallery, and because of that they forced him out of the job. It is now up to the National Gallery of Australia to invite Mr Cropp back to the job he applied for or, if that is not available, to offer some other suitable recompense to Mr Cropp for the loss of his job and the indignity that he has suffered. I only hope that Mr Ramsey has the courtesy to report again, now that I am tabling these reports on Mr Cropp's dismissal.
I also want to mention that a further Comcare report, from the end of last year, found:
The National Gallery of Australia had breached section 16 of the Occupational Health and Safety (Commonwealth Employees) Act 1991 by failing to take all reasonable practical steps to protect the health and safety at work of the employees.
So there are two breaches by the National Gallery of Australia of a Commonwealth act. If ever there is evidence that justifies the questions Senator Lundy and I asked at estimates over 3½ years, Comcare has proven that we were right. Comcare has proven that the estimates committee is the last place left standing when all other measures have been exhausted and when individuals cannot get justice.
This is a great defence of the estimates committee. Whether we are in opposition or government, the operation of the Senate estimates committee may be, in my view, the greatest thing that justifies the existence of the Senate itself. And here again I am very proud of the fact that I kept asking the questions. Mr Ramsay failed to mention that in February this year I went to the Senate estimates on Comcare and put the pressure, I have to say, on the head of Comcare. He agreed that a further broader inquiry into the management of safety and health issues at the gallery would be conducted. That inquiry is now under way, I think conducted by Mr Wray. I look forward to that report becoming available.
Above all else, I call on the government to ask the gallery board and its director to take action to stop the mismanagement that has been going on that is affecting the reputation and standing of the pre-eminent art gallery of Australia. All of us who have asked questions at estimates have never questioned the artistic merit of the director or of the gallery board or its acquisitions policy. We have only questioned whether the management and the processes are fair to the employees and to the Australian people. I seek leave to table these two reports.
Leave granted.