Integrity watchdog urges WA premier to drop bill allowing ministers to rewrite laws

A major integrity watchdog is urging the state government to withdraw a controversial bill giving ministers the power to rewrite legislation, arguing Western Australia is particularly vulnerable because its integrity system is already plagued by “fragilities and loopholes”.

A report released on Friday by independent research institute Centre for Public Integrity outlines “major” integrity concerns with the State Development Bill, introduced to WA parliament on September 10.

The legislation proposes extraordinary powers for the state government to fast-track major projects, enabling the state development minister – who is currently Premier Roger Cook – to remove approval processes enshrined in law, behind closed doors, criticised by CPI as a “modern Henry VIII clause”.

The minister would also be able to declare any proposal a “priority project” if it was of “strategic or economic significance to the state”, with no requirement for public consultation.

The government has said the bill would create long-term jobs by unlocking “major clean energy and defence opportunities”.

But in the report, the CPI warns the state’s integrity architecture was already weak, urging the “outdated” Aboriginal Heritage Act be revisited before this Bill is enacted, after “(failing) to protect Aboriginal heritage” due to excessive ministerial discretion.

It also lists “significant loopholes” with state lobbying legislation, including no requirements for ministers to disclose their diaries.

Retired Supreme Court judge Anthony Whealy, KC, the chair of the Centre for Public Integrity said the bill raised serious integrity concerns.

“This bill was introduced without proper public consultation and input from genuine interest groups,” Whealy said.

“Whatever gains may be made in delivery terms, there arise serious integrity concerns. It should be withdrawn and the process begun anew.”

The report explains the move in WA is part of a broader global trend where governments are introducing fast-tracking frameworks, including in Canada, but argues industry interests are being prioritised over Indigenous rights and environmental oversight.

However, a spokesman for Cook said the centre’s claims about the bill were incorrect, and he defended the transparency measures included in it.

“This bill includes a range of transparency measures – including reporting and tabling requirements, public consultation, and the ability for Parliament to disallow modification orders,” he said.

“Its provisions are also consistent with those included in other legislation, including the appointment process for the Coordinator General, which mirrors that of other statutory officers at the head of legislated agencies such as the Auditor General.

“The bill also includes checks and balances to ensure effective environmental, planning and heritage protections are maintained.

“For instance, government agencies like the EPA cannot be issued with a due regard or joint decision notice, preserving its role as an independent advisory body.

“The Cook Labor Government stands by the State Development Bill because it will help secure Western Australia’s nation-leading economy.”

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