Standards' chief cleared EPA error

Agency cleared EPA error
Controversial: The plans for a gas hub in the Kimberley. Picture: Nicola Kalmar/The Broome Advertiser

The disastrous decision to let conflicted Environmental Protection Authority board members deliberate on the Kimberley gas hub was endorsed by the public sector's standards commissioner Mal Wauchope, it has emerged.

The Opposition now wants an audit into whether advice to other agencies on conflict management was similarly flawed, heaping further pressure on Mr Wauchope, whose statutory role is under review by a parliamentary committee.

EPA chairman Paul Vogel was criticised in August after Chief Justice Wayne Martin ruled his decision to allow board members to deliberate, but not vote, was outside the law.

Days later, Woodside walked away from a land-based processing plant in favour of floating LNG technology.

The embarrassing gaffe meant two board members with conflicts of interests were allowed to discuss the project until just four months before the EPA's July 2012 decision to approve the onshore gas processing hub.

But Justice Martin's judgment reveals Dr Vogel was not the only person who incorrectly decided some disclosures of pecuniary interests did not prevent members from deliberating.

A document Dr Vogel prepared on his conflict management plan was annotated: "Advice on the above strategy was sought from the Public Sector Commissioner. His office believed it to be reasonable given the circumstances."

The Public Sector Commission is responsible for establishing public sector codes and helping agencies abide by them.

Shadow treasurer Ben Wyatt said Mr Wauchope's role in the "embarrassment" was a concern because his commission published governance guides for boards.

He said a review was now needed on other determinations.

A spokesman said Mr Wauchope was on leave and could not comment. He said it was understood Mr Wauchope held direct talks with Dr Vogel on the issue.

Parliament's public accounts committee is investigating the commissioner's functions and powers after Justice Martin described his role as "unaccountable" in a speech in August.

The same month it was revealed Mr Wauchope changed the scope of an inquiry into the office of senior Liberal Peter Collier after a request from the minister.