Queensland Premier Annastacia Palaszczuk has denied having any prior knowledge of allegations that her government ordered former state archivist Mike Summerell to “deliberately” change one of his annual reports in a way that would tell a “misleading story for political gain.”
This comes after Summerell, who left the job in March 2021, said he was ordered to remove any information from his 2017–18 annual report relating to Transport Minister Mark Bailey’s private email scandal.
Further, he alleged that for the next three years the vast majority of his requests to obtain Crown law legal advice on the independence of his role was blocked by the Department of Housing and Public Works.
The premier questioned why the former state archivist did not refer the matter to Queensland’s corruption watchdog, the Crime and Corruption Commission (CCC), while he was still employed as a public servant.
“I encourage our public servants to be frank and honest and say if they don’t think something’s right,” she said, adding that all public service employees have an “obligation” to raise issues with their supervisor or the director general.
“They’re serious matters and there are courses of action that any employee of the public service can take,” she added.
Report Allegedly Whitewashed
Having published annual reports for 2015–16 and 2016–17 “with no interference,” problems allegedly began when Summerell said he was “pressured” to remove any content from the 2017–18 report that could be “perceived negatively.”Summerell’s statement comes after Sunday Mail reported that it had uncovered a copy of the allegedly whitewashed annual report, in which Summerell considered whether Bailey could face criminal prosecution for multiple breaches of the act for using his private Yahoo email account.
The Epoch Times could not independently verify the report.
Summerell could not reconcile the orders he allegedly received to remove references to Bailey—when he was summoned to state government head offices—with his perceived independence as a state archivist who had to deliver independent reports to the Queensland Parliament.
“I was informed that the previous perceived independence of the state archivist which had been in place since the passing of the public records in 2002 was no longer valid,” he said.
Summerell said the director-general had obtained legal advice that the state archivist had “no independence” other than in disposal decisions and was in fact subject to the direction and control of the director-general and the minister.
“I responded to that with a lengthy paper outlining how this was completely inconsistent with previous legal advice, the purpose of the act, the intent of the act and practices across Australia and [New Zealand]. My response was ignored,” Summerell said.
However, the premier repeatedly stated that the state archivist was not an “independent statutory authority maker,” saying that in her understanding, Summerell was a public sector employee who left his position.
“Under the Code of Conduct, there’s an obligation to raise things with your director general or your supervisor,” Palaszczuk said. “But also too, if there are serious allegations of misconduct, the right avenues for those matters to be investigated is the CCC.”
Allegedly Blocked From Crown Legal Advice
Meanwhile, Summerell said that he was unable to seek independent legal advice from Crown law offices to clarify the orders he was allegedly given to water down the annual report because those requests had to go through the Department of Housing and Public Works which “chose not to progress” them.“I as State archivist requested Crown Law legal advice on two key aspects of this as I felt the position was fundamentally incorrect.
“I asked for clarification that I could be directed on the content of my annual report and in investigations I undertook in regard to potential breaches of the Act.
“My view was that the Act gave me independence in investigations—indeed any interference in my investigations was in fact a breach of the Act,” he said.
Meanwhile, Palaszczuk has said the director-general of public service will investigate the allegations.
“If the former State Archivist has evidence, he believes requires further investigation, he should provide it to the relevant authorities.”