According to the Attorney-General, if I understand her correctly, we're told the Public Disclosure Commission has not recommended that she prosecute anyone under the terms of the Act so there have been no prosecutions. Might she also be implying the Commission has not even met as prescribed by law?
Under the terms of the Public Disclosure Act, Sections 10 and 13 clearly state the "Offences" such as non-disclosure, making a false statement, failing to give additional information or clarification to the Commission, among others.
In addition, the Act clearly states that the person that does not comply “shall be guilty of an offence”.
The Act then places the duty to charge offenders in the hands of the Attorney-General under Section 14 that says, “A prosecution for an offence under section 10 or 13 shall not be instituted without the written consent of the Attorney-General.”
So while the Act leaves no doubt about what the offences are constituting non-disclosure and it sets out the penalties, it does not say the Commission must write the Attorney-General to prosecute the offender(s).
This, to me, is the crux of the matter.
The Act/Law, states one is guilty in no uncertain terms, yet does not set out the requirements for the Commission to write the Attorney-General to recommend prosecution.
Could this be why there has never been a prosecution under the terms of the Public Disclosure Act?
But wait, the Commission, is appointed by the Prime Minister and the Leader of the Opposition!
You can’t make this stuff up. Here’s what the Act says:
“The Commission shall consist of three members appointed by the Governor-General, upon the recommendation of the Prime Minister alter (sic) consultation with the Leader of the Opposition:
“Provided that in any case where a declaration under this Act is required to be made by a member of the Commission, the Commission shall consist of the Prime Minister, the Leader of the Opposition and a member of the Commission other than the member making the declaration appointed by the Governor-General”
Oh what a tangled web we weave.
As Lowe's Law* states, Politician's spend their careers making laws to keep everyone else accountable, and make the average citizen and business play "fair" and "do the right thing", yet, they refuse to hold themselves to the same standards.
Maybe I'm missing something?
