SPEAKER'S RULING ALLEGED DELIBERATELY MISLEADING THE HOUSE MR SPEAKER: Honourable Members On 1 December 2016, the Leader of the Opposition, Shadow Minister for Arts and Major Events and Member for Clayfield wrote to me about an allegation that the Member for Cook deliberately misled the Parliament in his Personal Explanation on 27 March 2015 when he stated: As a result, I have moved to immediately rectify my tax affairs, and I have also ensured that any outstanding Child support payments have been made to my ex-partner so that I can put this issue beyond doubt. I decided to treat the correspondence from the Leader of the Opposition as a complaint under Standing Order 269 even though it was not expressed to be so. An almost identical matter was subsequently received from the Premier. Given the public commentary about this matter, I have decided to deal with this matter expeditiously by way of tabling this ruling outside of the House under Standing Order 31. So as to not diminish the rights of any Member, I will reissue this ruling on the first sitting day in 2017, to enable any Member to move a motion under Standing Order 269(7) if desired. The allegation referred to the Member for Cook having not rectified his tax affairs, having not filed a tax return since at least June 2014, and having been in arrears of child support payments at the time he made the Personal Explanation and still being in arrears at the time of the allegation. I sought further information from the Member for Cook about the allegation made against him, in accordance with Standing Order 269(5).
Transcript
SPEAKER'S RULING ALLEGED DELIBERATELY MISLEADING THE HOUSE
MR SPEAKER: Honourable Members
On 1 December 2016, the Leader of the Opposition, Shadow Minister for Arts and Major Events and Member for Clayfield wrote to me about an allegation that the Member for Cook deliberately misled the Parliament in his Personal Explanation on 27 March 2015 when he stated:
As a result, I have moved to immediately rectify my tax affairs, and I have also ensured that any outstanding Child support payments have been made to my ex-partner so that I can put this issue beyond doubt.
I decided to treat the correspondence from the Leader of the Opposition as a complaint under Standing Order 269 even though it was not expressed to be so.
An almost identical matter was subsequently received from the Premier.
Given the public commentary about this matter, I have decided to deal with this matter expeditiously by way of tabling this ruling outside of the House under Standing Order 31. So as to not diminish the rights of any Member, I will reissue this ruling on the first sitting day in 2017, to enable any Member to move a motion under Standing Order 269(7) if desired.
The allegation referred to the Member for Cook having not rectified his tax affairs, having not filed a tax return since at least June 2014, and having been in arrears of child support payments at the time he made the Personal Explanation and still being in arrears at the time of the allegation.
I sought further information from the Member for Cook about the allegation made against him, in accordance with Standing Order 269(5).
Tax
In respect of the tax matters, the Member for Cook advised that he had engaged an accountant to resolve his outstanding tax matters for the financial years prior to March 2015 the day before making his Personal Explanation .
The Member for Cook provided a letter from his current accountant, which states 'According to the ATO report, Mr Gordon has pending returns to be lodged FY 2015 and FY 2016 Financial Years only'.
The Member for Cook goes on to state that the current outstanding tax returns for the 2015 and 2016 financial years were not within the timeframe of his Personal Explanation.
Based on all the information before me, it appears that the Member for Cook's statement on 27 March 2015 regarding having moved to immediately rectify his tax affairs was not factually or apparently incorrect, as he had engaged an accountant to resolve his outstanding tax matters by the time he had made his Personal Explanation. The Member has, in fact, resolved his tax affairs that were due at the time he made the statement to the House on 27 March 2015 (that is, to the tax year ending 30 June 2014 ).
The status of the Member's 2015 and 2016 tax returns are a matter for the Australian Tax Office.
Given that the first element cannot be made out, there is no need to examine the second and third elements.
Child support
As regards child support payments, the Member for Cook also advised that he had made a private payment to the ex-partner referred to in his Personal Explanation prior to 27 March 2015 to resolve the outstanding debt as at that date, and that he
continues to make child support payments in accordance with an agreement established with the Child Support Agency and his ex-partners.
The Member for Cook provided what appears to be an extract of bank records showing two payments on 24 March 2015 totalling $5,300. The Member also produced a letter from the Child Support Agency dated 5 December 2016 which confirmed the outstanding debt on 20 March 2015 as $5,324.15 but that the expartner had confirmed on 23 March 2015 a private payment of $5,300 had been received and which was credited to the child support owed. The Member states the differential amount of $24.15 between the debt and payment was inadvertent.
Whilst not directly relevant to the question of whether the Member's statement in March 2015 was misleading, the Member for Cook also advises that in April 2015 he arranged with the Child Support Agency (CSA) to have his salary garnisheed to resolve a debt to the mother of his two eldest children, who he states was not the subject of his statement to parliament, and to pay ongoing child support to both ex-partners.
A letter from Mr Peter Morris, Human Resource Manager, Parliamentary Service dated 6 December 2016 confirms that payroll deductions from Mr Gordon's fortnightly salary to the Child Support Agency commenced in the pay due on 1 April 2015 and that following the processing of the most recent pay, paid on 7 December 2016, a total amount of $96,361 .95 has been deducted from Mr Gordon's salary and remitted to the CSA.
On all the information before me, it appears that the Member for Cook's statement on 27 March 2015 that he had ensured that any outstanding child support payments have been made to his ex-partner was substantially correct - excepting a small amount of $24.15.
Given the evidence from the CSA as to the amounts owing in March 2015 and the evidence of the Member for Cook's payments in March 2015 and the substantial deductions made
from his salary since April 2015 we are left to speculate as to the debt apparent from his ex-partner's CSA online statement in November 2016. However, these are matters for the CSA and the parties.
Standing Order 269( 4) requires:
In considering whether the matter should be referred to the committee, the Speaker shall take account of the degree of importance of the matter which has been raised and whether an adequate apology or explanation has been made in respect of the matter. No matter should be referred to the ethics committee if the matter is technical or trivial and does not warrant the further attention of the House.
On the evidence before me, I am satisfied that there is insufficient evidence that the Member for Cook deliberately misled the House on 27 March 2015. Indeed, the evidence before me suggests that the Member had acted to rectify his tax affairs and outstanding child support owing to the relevant ex-partner at the time the statement was made. I have, therefore, decided that the matter does not warrant the further attention of the House via the Ethics Committee and I will not be referring the matter.
I table the correspondence in relation to this matter, redacted to protect the privacy of the Member's ex-partner.
Tim Nicholls MP Lc:Jdcr o~ rhL~ ( )ppnsi r io11
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1 December 2016
Hon Peter Wellington MP Speaker of the Legislative Assembly Pa rliarnent House. George St BRISBANE OLD 4000
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I have received the attached correspondence in relation to a Member of the house that I f ind greatly concerning. I note this material has also been sent to the Premier and copies sent to you .
Please find attached documents I have received in relation to this matter.
I await your fu1iher advice.
Yours sincerely
TIM NICHOLLS MP LEADER OF THE OPPOSITION SHADOW MINISTER FOR THE ARTS AND MAJOR EVENTS MEMBER FOR CLAYFIELD
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·&j~_~): Federal Member tor Leichhardt
291h November 2016
Premier <1f Queensland Hon Annastacia Palaszc:wk Level 15, Executive BL'i!ding 100 George Street BHISBANE OLD 4000
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l attach correspondence sent to me dated 21s: November 2016 frorn ~ .. lodging a formal complaint against one of the sitting State Members of ~y Gordon MP.
Given the issues raised are in relation to Taxation and Child Support, I have taken lhe libe r'ty of contacting both Federa l Departments to make them aware of the compla int and that . - has reached oul to me for assistance.
There are elements to the complaint that relate to the operation of the Stat2 Pariiament. The allegation that the Member has misied q!.<Gertsland Parliament is a matter that you should be aware of, if you haven't already, given)f was jlso sent to the Clerk of r.)arliament.
/ . I trust this will be dealt with b}' the _0ueensla,·hd Government appropriaiely
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21 November 2016
The Hon Warren Entsch MP
200 Mulgrave Road
Cai~ns QLD 4870
Dear Si r
RE Wlfliam Gordon - Memb(~r for Cook
I am writing to you with a formal cornpl2int agains~ Wilii<im (i1i!!y ) G1m:ion.
I endos0:
:l.) E>itract from Qtd Hansard dated 27 i·.Jlarch 2015
2} Legis~ative Assembly of Queensfand rvlembers liemur:erv tion Ha:-1dbouk
3) Letter of 25 July 2015 from the Child Support .A.gencv
4) '...at est child support arre<1rs notice.
The fol:owing matters are relevant to rny complaint:
:I.) On the 27 March 2.015 William Gordon the Member for Cook made the lotiowinB
statement to the Queensiand Parliament
"As a result I have moved to immedia tely rect(fy my tax affairs, and I have en:;ured
that ony outstanding child support payments have been made to m y eN·partner so
that I con put this issue bevond doubt."
2) : am advised ny the Department of Hun-;an Ser·Jices Will! <'lm Gordon has not recti fi ,:;d
hi~ tax ;iffairs and has not fi:ed a tax return since <lt leost .l<.in:2 201.4.
3) Willian: Gcrdon w ::;s m <:ir,·ears cf chi id supfJOrt on th(! 27 f/1<ffch ::>.ens and has been
ln arred!$ since and is currently $16,02456 in arrears.
4) -;-he Cut"ensiand rviernbers Rernuneratio11 Handbt;ok indicat es \Jl/ilHa:·n Go1do,1 as a
Me mber of Parli;;mem is i ;1 receipt of a base annu3l sal;iry of .~1 55, G'.:!1 a:id a car
a!!c'Nanr::;; of $42,000 mc;k:ng a tota! taxallle incorn!'! (if $'.!9/,b21
5) '!he ietl'et' from Hilman SPrvices dated n iUly 20-i 6 !ndi::a t8S W!Uiam Gr.; rJon r1a <;
only dedarnd his ;rnnual income ac; $74,.1Y5.
5) I contacted the Department of Human Servic.es C1n d was advised Will iam Gordor;s
oblig;ition to pay child support is based upon !iis taxable income in his latest tax
return.
7) The Dept:lrtmcnt of Human Services advised me his tax retur ns were not up to date.
8) My latest Child Support advice indicates W!lliarn Gordon is in arrea rs of chi!d support
In the sum of $16,024.56
!Vly cornp!aint is as follows:
1) On the 27 March 2015 William Gordon misled Parliament.
2) Willi<1111 Go rdon h;is failr.d to lorlge taxation returns s i nce~ at feast 2D14
3) William GiHdon is in receipt o f $191,621 per «nnum and is $16,024.SS in arrea rs c t
child support.
I request you to investigate this matter on rny beha!f ci nd t<ike t~: E app:·opriilte act ion.
I would be pleased if you did not discio.w rny resident ial <H!dress t ro 2ny third parties and in
p3rtic.uiar William Gordon.
I !ook forward to your acknowledgm ent: you hav~" receiv ed tt~ is co:Tesponderice.
You rs fa ithftdiy
Cc Cierk of the Parliament
M inister fo r Human Service~;
/,ustral1an Tax<.tion Office
VVarrC! r. l ntsch MP
212 Questior;s VV1trwut Notice 27 !Viar 2015
Agncullure and E nv;;-c;nment CoiiH11itteE:--··ivb .Jenn :er How;;,rLI {Ch21l"). \11: Stcphe'1 Sennett. Vlr$ Ju!ieanne Gilbert. \1r Billy Gcr~lon, Mr Rob>:i:e i ·~2trer. ti.fr Tee Scre1son
Education. Tounsm and Srnal' Business Comrn1ttce· -Mr Scott Stowal'. (C'1rnr), l·Ar Mark BoothmC1r . Vr Sid c~am: Qr John ivkVelgh, Ms Joan Pease, Mr Bruce Saundet·s
Heaa1 ar.d Ambulance SoiY!CCS Co1r.m1ttee---Jvis Leaf1nc Ui"lord (Cha l i~. : 1s Hos Bates. t\·~r Steve Oickso:1, fv1r Aaron H a~·ce~ i· ... 1r .. Joe Kelly, Dr Chris~ !nn Pnwan ,
Con1munit10s, Disabdily SArvices a-id Doi:-es1ic and Fan,ilv Viole-ice Preverwor. C:omrn1ttee~·i.1s Le<inne Donaldso' i Chair), Miss Nikki Bovr.;, Ms Ann l_ezhy ivlr Ma•i< McArole, Mr rVia'l McEacl1a:;, Mr Rub PynE
Utilit:cs. Sc,enw ana innov21tion Ccw1m1tte2·-Mr Sh<.m<: f<ing (Char). \:ir Don Brown, Mr ,l;~son Cc;;lig~n. Mr Da!e Last, Mr Rob Molhoek. Mr Cliris Whi;ing
Ethics Cornrni~ec.---\1!r Mar:~ Ryan (C!1arr}. rv!s Nikki Boyd, r,/1; Gh~,. E;rrcs. f\/; .,::r~ M~wr.e:i, Mr rdalt 1V.cEachan Or i\'iarn Rcbirscr
P;;rliamenta-y Cri lle and Cor'\Jp:1on Comrni~tee·-1!/lr Pete1· l~us~o (Ac\1nt1 Char). i·/r 00•1 Brown. fl.ls ?.rm Lealiy, Ms Joan Pease. tvir Marl< Rynn. Mr Jeff Seeney, i\/k Trev~Jr \iVa ! t~~
Q u es\:011 put·-Th<:it the rnot:on be agreed to
tviotion agrned to.
i\J~ember for C::wk, ~~J!2d ; a P.eports
~ci i\Jlr G(JfIDON (Ccok--·ALP) (9,58 3m): I :·1se to make a per-sonc.:I expln1 1 aiior~. rvten1bers would rJe aware that scme perso1 1al e!ernents of a fom>er· rela tionsn1p of mine !1ave been made public today. Given the respect i have for this place, i '.J..1anteo lo rise at \l;s earliest opportunrtv to address those issues In 2006 a rclat1onsh1p i was 1n came to nn eno. At th2 outset I '!/a!ll to acknowledge th<:~t the reiationship gnve me two beautiful child ren, both of wnom ! love with every fibre of my being-eve~y ifore of my being. However. the rn:ntionship I shared w1tn their mother inciuoed bo:h gooo times and not so good times.
There were ti mes when ooth of us fsi!e(i to behavr:: as adults should. snci ! cetiainly bear fuil res~xrnsibi!iiy fo1· my actions. Unfortunate!')', the rel<:1t1onship cLd not encl on a positive note. It was an ext·emely upsetting period after· wh1cr i independ~3ntly sougill counselling. Tr1e counse!li11G involved a self-appraisal process dunnp vvhtch I adm1trecl m my ex- pa~.1e1· some personal failures ;,s well ;,;s d1allenges I l1ad faced 1r1 my life Over \irne I mover! 011. and ! :eel privileged to be abl2 :o sta(L afresh while a\ U:e same time providing support to rny ex-prniner w·rJ our children
Last week there were Cl3irns ;11ude against 1-r1e. some: of which were true <•11d some not. /.>.,s a result 1 nave rnovea tc irnmedime!y rectify m~1 t.:::x ciffoirs , anc: I have also ~:nsureel 1.hat any outstandinq cl1ild support r1aymen\s have beer niac!G lo mv ex·p2rtne1· so '.hai ! can pu' th:s issue beyond doubt. it 1..;osets me to stand in ihis riousc and dY,d[)e detail::; of such a p;orsona, nabrn to members. I am a proud father: ;t 1s the most irnpwtR11t JOI) I 1.vili ever c!o
I am ulso extremely humbled to be rcoresert·1g cnE ;;ooci p.-:::cp!e o: the 9 1-.3ai el2c1c;ate o' Cook here in the people's i1ousc. T o my family rn:..-J fnimds. I say tnet1>k you so much !or you r love anci su;Jpcrt during this lime. To the people of ;ho gr~)at e1ecto;·are of Cook, i Dieoc<-> re you rhat i v1ill co'llinue to do evarvthing tria t I can lo \iv'; up to u·1:;; p,;,:t,;·f;orui11ai)' honour you l1ave bes1owec: on rr:e Liy elec~ing :ne as your member of pa~1 rarnenL
i;w" ~!::· ~><' !·:!i\l!CiBOf~C ( 10.02 cr1';. My :.iuestior. '1vil11out noiice .s <o 1lw Premier ~-nst evening the rnern!)Cr for Cook. vutec cunfr,k.!1 iG :..: in 111:; Pr~n'1c1 's ~Q\Jerflrnc1n . Coe:,, U .:.:: Pren11cf ho·i1e conf;dct1ce in the n~emOJer for· Cock?
i\~s P.t.\l./~.sL~CZUi'\.: \Nould like :c ~hank t!1~ l e·icie;· of t1:e nncosii:or fo!" tnc nucr;Uon. : thin~~ af 7'ernbt~1-s in lh.s Hoese hcJvc rociay n12c1rd thE~ : ... 1c:·~~Cln8, e~ol2na~!:Jq frorr: 1'.1e rne1nher fot Cccl< \/Vhen ! i1 ecan~P 2\1vare of !;~e if'iSU8S surround:r;q ~V}~ ~:r.O ~> i c sl.r:icci-~ ~ 1.va~-; 2. .:1s~ 1ute ly 'ui"IOUG, and o!·acrec the s12te secrC;t21 y tG :.1Gnl v.:1tr. lhcsc p.1 :-:~t".c:r ~~ ;·--:1 ~ 1 .. .;D:a~e:y.
MEMBERSl' REMUNERATION HANDBOOK
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MEMBERS OF THE LEGISLA T/VE ASSEMBLY SALARY
2. MEMBERS OF THE LEGISLATIVE ASSEMBLY
2.1. Salary
2.1.1. Base salary
Each Member is entitled to be paid an annual base Sil lary in accordance with section 41 of the QIRT Act 2013. The arnount of annual base salary is determined by the Tribunal.
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As at 1 September 2016 the annual bvse salary is $155,621 (Tribuna l Det ermination 12/2016 refers ).
Po ~'r: t ~-:r1 r/ o (i 1n i:·; ls t ,·o t ivc: c: ~·.·::; ng cro~::n ts
Base salarv is paid fortnightly and is subject to PAYG income tax. The relevant superannua tion contributions are deducted and remitted to Cl.Super along with contributions from the Parliament (employer contributions) where cipplicable. See section 2.1.4 for more on superannu<:ition.
2.1.2. Additional salary
Desrr/otion
1\ Member who ho!ds an office specified in section 42 of the QIRT Act 2013 may be entitled to be paid additional sa lary in addition to their annual base sal?.ry. The amount of additional salary is determine d by the Tribunal.
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The offices which at~ract additional saiary and the rates of additional salary are listed in the table on the fo llowing page
Additional sa12l rv is paid fortnightly with ba se salary and is subject to P/WG income :ax. The 1·elevant supcrannu<i tion contrib utions are deducted ;.rnd remitted to QSupcr see sect ion 2.1.4 for more 01 1 superannuation.
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T he Honourable Peter Welli ngton MP Speaker of the Legislative Assembly of Queens land Office of the Speaker Parliament House George Street BRISBANE QLD 4000
Dear Mr Speaker
Executive Building 100 George Street Rrisb~ne PO Box 15185 City East Queensland 4002 Australia Telephone +61 7 3719 7000
On 2 December 2016, a letter from the Honourable Wan-en Entsch MP, Federal Member for Leichhardt, was brought to my attention. This letter outlines allegations that the Member for Cook has misled Parliament in relation to outstanding chi ld support claims.
I have attached a redacted version of this Jette r for your consideration, noting that the complainant requested that her residential address was not to be di sclosed to third pat1ies.
Yours sincerely
ANNASTACIA PALASZCZUKMP PREMIER OF QUEENSL AND MINISTER FOR THE ARTS
T1--1c I Ion. Warr·en Er-11-scl-1 IV! 1-) r~cle ra l IVleinlJer fur Leicl·111an.ll
Premier of Queensland Hon Annastacia Palaszczulc Level 15, Executive Building 100 George Street BRISBANE QLD 4000
~~~ Dear~
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I attach correspondence sent to me dated 2151 November 2016 from ••••••• lodging a formal complaint against one of the sitting State Members of Parliament, Mr Billy Gordon MP.
Given the issues raised are in relation to Taxation and Child Support, I have taken the liberty of contacting both Federal Departments to make them aware of the complaint and that • ••lhas reached out to me for assistance.
There are elements to the complaint that relate to the operation of the State Parliament. The allegation that the Member has misled qµ e land Parliament Is a matter that you should be aware of, if you haven't already, given (was lso sent to the Clerk of Parliament.
I trust this will be dealt with by the
The Hon Warren Entscl Federal Member for Lei ls:we
c:c /-Jon. Tim Nie/tolls MP, Leader o..f t/Je Opposition I-Jon Peter Welfi11gton, Speaker of the Legislative Assembly
Eloclornte Oll ir.c: .!1111 M111!11.1w: lh1;11I. (;~Im~. Olli ·1610
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21 November 2016
The Hon Warren Entsch MP
200 Mulgrave Road Cairns QLD 4870
Dear Sir
RE Wllllam Gordon - Member for Cook
I am wrltlng to you with a formal complaint against Wiiiiam (Biiiy) Gordon.
I enclose:
1) Extract from Old Hansard dated 27 March 2015 2) Leglslatlve Assembly of Queensland Members Remuneration Handbook 3) Letter of 25 July 2016 from the Child Support Agency 4) Latest child support arrears notice.
The following matters are relevant to my complaint:
t~18Cf.~VEVJ 1
-----··
2 3 NOV 2016 - ----·----JO BE AVi'IOME!l.l BY
1'1.P./.\.
m.e
ENTEmm ... -... --
1) On the 27 March 2015 William Gordon the Member for Cook made the following statement to the Queensland Parliament
"As a result I have moved to Immediately rectify my tax affairs, and I have ensured that any outstanding child support payments have been made to my e><-partner so tbat I can put this issue beyond doubt."
2) I am advised by the Department of Human Services Wllllam Gordon has not rectified his tax affairs and has not fifed a tax return since at least June 2014.
3) Wllllam Gordon was In arrears of chlld support on the 27 March 2015 and has been In arrears since and ls currently $16,024.56 In arrears.
4) The Queensland Members Remuneration Handbook indicates William Gordon as a Member of Parliament Is In receipt of a base annual salary of $155,621 and a car allowance of $42,000 making a total taxable Income of $197,621.
5) The letter from liuman Services dated 27 July 2016 Indicates William Gordon has only declared his annual Income as $74,195.
6) I contacted the Department of Human Services and was advised William Gordons obligation to pay child support Is based upon his taxable Income In his latest tax return.
7) The Department of Human Services advised me his taK returns were not up to date.
8) My latest Child Support advice Indicates William Gordon is In arrears of child support In the sum of $16,024.56
My complaint Is as follows:
1) On the 27 March 2015 William Gordon misled Parliament. 2) William Gordon has failed to lodge taxation returns since at least 2014 3) William Gordon Is In receipt of $197,621 per annum and Is $16,024.56 in arrears of
child support.
I request you to Investigate tltis matter on my behalf and take the appropriate action.
I would be pleased If you did not disclose my resldentlal address to any third p<1rtles and In particular Wllllam Gordon.
I look forward to your acknowledgment you have received this correspondence.
Yours faithfully
Cc Clerk of the Parliament Minister for Human Services Australian Ta><atlon Office Warren Entsch IVIP
212 Questions Without Notice 27 Mar 2015
Agriculluro and E nvlronmenl Commillee-Ms Jennifer Howard (Chair), Mr Slcphon Be1111elt, Mrs Julleanno Giibert, Mr Ollly Gordon, Mr Robbie l<atter, Mr Ted Sorensen
Education, Tourism a11d Smell Business Commlllae-Mr Scoll Slcwarl (Chair), Mr Marl< BooJhman, Mr Sid Crnmp, Dr John McVelgh, Ms Joan Pease, Mr Bruce Saunders
Hoalth Elnd Ambuloncc Services Commltteo- Ms Leanne l.lnmd (Chair), Ms Ros Bates, Mr Steve D!clmon, Mr Aaron Horper, Mr Joe Kelly, Dr Christian Rowan
Communities, Dlseblllly Services and Domestic encl Family Vlolonco Prevention Commillelr-MS Leanne Donaldson (Chair), Miss Nll<kl Boyd, Ms Ann Leahy, Mr Mark McArdlo, Mr Malt McEacllan, Mr Rob Pyne
Ullll11es, Science and lnnovallon Committee-Mr Shane t<lng (Clmlr), Mr Don Brown, Mr Jason Costigan, Mr Dale L<Jsl, Mr Rob Molhoel<. Mr Chris Whiling
Ethics Committee-Mr Math Ryan (Chair), Ms Mll<l<I Boyd, Mr GIC!n Elmes, Mr Jlni Madden, Mr Matt MoC:ochan, Dr Morlt Robinson
Purliamenta.ry Crime and Corruption Committee-Mr Poter l'lusso (Aeling Chair), Mr Don Brown, Ms Ann Leahy, Ms Joan Pease, Mr Mark Ryan, Mr Jeff Seeney, Mr Trevor Watts
Question put-That the motion be agreed lo.
Motion agreed to.
PERSONAL EXPLANATION
Member for Cook, Media Reports
~~ Mr GORDON (Cook- ALP) (9.58 am): I rise lo mal<e a personal explanation. Members would be aware that some personal elements of a former relationship of mine have bEmn made public today. Given the respect I have for this place, I wanted to rise at the earliest opportunity to address those Issues. In 2006 a relallonshlp I was In came to an end. Al the outset I want to acknowledge that the relatlonstlip gave me two beautiful children, bollt or whom I love wilh every fibre of my being-every flbre of my being. However, the relationship I shared wilh tlielr mother Included both good limes and not-so-good times.
There were times when both of us failed to behave as adults should, and I certainly bear full responsibility for rny actions. Unfortunately, lhe relallonship did nol end on a posillve note. It was an extremely upsetting period after which I independently soughl counselling. The counselling involved a self·appralsal process during which I admlltecl to my ex-partner some personal failures as well as challenges I had faced in my life. Over lime I moved on, and i feel privileged to be able to start afresh while at tho same time providing suppo1·t to my ex-partner and our children.
Last weal< there were claims made against me, some of which were true and some not. As a result I have moved to immediately rectlFy my tax affairs, and I have also ens\ffed that any outstanding child support payments have been made to my ex-p:ulner so that I can put this lssuA bayonrJ cloubl. It upsets me to stand In this House and divulge details of sllch ~ person.ii nature to members. I am a proud father; It is the most Important job I will ever eta.
I am also exlremely humbled lo be representing the good people or the great electorate of Cool< here in the people's house. To my family end friends, I say lha11k you so much for your love and support during this time. To the people of the great electorate or Cool<, I pledge to you that I will continue to do everything that I can to live up lo lhe extraordinary honour you have bestowed on me l>y electing me as your membet' of parliament.
QUESTIONS WffMOUT NOTICE
Member for Coolt
~•J Mr SPRINGBORG ("I0.02 am): My question wilhout notice Is lo the Premier. last evening the member for Cool< voted confidence in lhe Premier's government. Does lhe Premier have confidence in the member for Cook?
Ms PALASZCZUK: I would lll<e lo lhanlc the Leacler or the Opposit ion for the question. I thin!< all members In this House have today heard the personal explanation from the member for Cool<. When I became aware of the Issues surrounding lax ancl child support I was absolutely furious, and I ordered the state secretciry to deal with these metlters Immediately.
LEGISLATIVE ASSEMBLY OF QUEENSLAND
MlEM[Bt~Sp
~rEMUN[E~Al~ON HANDlBOOK
MEMEIERS Of' Tl/F. LliGISLA TIVE ASSfiMBL Y SALARY
2. MEMBERS OF THE LEGISLATIVE ASSEMBLY
2.1. Salary
2.1.1. Base salary
Each Member Is entitled to be paid an annual base salary in accordance with section 41 of the
QIRT Act 2013. The amount of annual base salmy is determined by the Tribunal.
As at 1 September 2016 the annual base salary fs $155,621 (Tribunal Determination 12/2016 refers).
I / f fill• • I • lol I I 1 lf • •" • l I ' ,1, 11
Base salmy is paid fortnightly ancl Is subject to PAYG income tax. The relevant superannuation contributions are deducted and remitted to QSuper along with contributions from the Parli;iment
(employer contributions) where applicable. See section 2.1.4 for more on supercinnua tlon.
2.1.2. AcAdltlonal salary
I' '1111• 11 ' I I
A Member who holds an office specified in section 42 of the QIRT Act 2013 1m1y be entitled to be paid additional salary In addition to their annual base salary. The amount of additional sa l<1ry Is determined by the Tribunal.
• \• ••1th
The offices which attract addltlonal salary and the rates of acldltional salaty are list ed In the table on the following page.
',1: " ' ;1 f 1 , 0 ,.,,t I 1 1 I' , rt•' I , 1 I ••
Addltlonal salary Is paid fortnightly with base salary and is subject to PAYG Income tax. The relevant superannuation contributions are deducted and remitted t o QSuper see section 2.1.4 for more on superannuation.
Lttsl 11pd1Jted: 6/10/2016 9:39 4M PllGE 7
MEMBC:RS OF Tiie LEGISl.llTIVE AsSl:MDI. y
2.3.1. Motor vehicle allowance
,'1 1
1 t ,I o • • 1 I•/ I•: I • f ' • I J o ~ I I
Gorrernl Trnvcl t:ntltleme11t MOTOR VEHICLE ALLOWANCE
The Motor Vehicle Allowance Is provided to cover expenditure incurred in acquiring and maint<1ining a Member's vehicle.
The amount of the allowance Is based upon the allowance provided to Senior Executive Service level 2 officers in the public service, adjusted for the size of Member's electorates {Tribunal Determination 1/2013 refers).
Mount Coot·tha MtOmmanP.y Mudgeeraba Mundlnghurra Murrumba Nld<lln
Gla~s House Gymple Hervey Bay
H lnchlnbrook
Dulrymplc Gregory Miran!
Noosa Nudgee
Pine Rivers Pumlcestone Reddlffe Redlands nocl<hampton
Sandgate South Brisbane Southport
Sprl11gwood Stafford Stretton Sunnybank Surfers Paradise Thurlngowa Toowoomba North Toowoomba South Townsvllle Waterford Woodridge Yecronapllly
l<eppel Locl<yer Maryborough Mulgfave Whitsunday
Mount ls;i NiJnanco Southern Downs Warrego
PAGE: 18
(iPO lfox LJX I '.) MEl.HOt IRNI ~ V IC 300 1 www .csa.gov.au
Tt'lephone: 131 272 l ·a11 d1 :11 gt·~. :1pp l ~
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Our Rckrenrc :
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NEW CHILD strpp( Hrr PE RIOD 1 Scptcml>L'r201h ·JO Novcmhcr 2017
Y1J11r rnrrem l:hild -;11pp11r1 llL' riml wi ll e nd 1>11 :~I ;\ugw;t ~()I 6. Thi ' is lwcm1se we hil\'L' applied a 11i:w ad.ius tt.'ll lil.\llhle income lo ~'Ollr asst•ss111ent . The Child Support Agenry (C'St\l has call'lllatt:d a llL'W <ISSL'SSll)~lll rm lllL' pen ml I Sr1lh.'mht•I' 2016 to .10 Novernher 20~ :1sses:-.1m·111 Willi ;1111 U1>rdon i:-. to pay ~1uu diild suppul'l rur lilt: L'hildr~
Your assL·ssmt•nt iul'ormalion Ynm child -. upport :tl1llll llll hils ch;1111.!t~d . We lwve (•ndr>SL'tl ii L'op~· or !Ill' a:-.:-.l'SSl\lell l llnli l'l'l~) 1'1 1r all affeclL'U PL'riods.
Vour chil<l support is currently tollcckd b~· flu.' CSA.We L'X PL'L' I \.Villia111to111akl' p;iy111rnts directly· to us and WI:' will 1'01w a rd lh t·se 111 your nrn11i1w1ed bank <1LT1111 111. Ph·ase 111ake sure your hank m:c1111111 det;1i ls are up to d:11 e.
lmport•mt To L'll ~llfL' lh tll your child supporl :1sscss111L·111 relkc l ~ yuur currc 111 -; i1ualio11 . you llL't.'d 1111e ll CSA Wi( l!in t..a days or Hll )' <:h;lllges lO your cirl'lllll S(\lll L.'e~. :>lll . ."h ilS ('; It\' ill"rilll_\:!e lllClllS. illCOl\ IL', employment s1:1tus or contact det:iil s. We can only m;1kt• the change rrnm 1lw date you lei us know. You can do thi !-- hy phone. in writing or lhn >ugh CS/\'~ M:cun..: f11tL:rnet scrvkc C.'-i1\1111lim· 1\Jal a llows lll'L'(.'~1' al a lilllt.' l'UllVCllil'IH lo you. To rind OU( llHll'L' ;rh11u1 CS/\011li11c g o to WWW.CS:\,!~O\'.au and rollow the littk .
C.dl u~ if y11u 11li11k lhi:.- di:1.·i sio11 i~ i111:orri:ctbcc;1use infnrnwlio11 w;i :-. 111.11 pruvidcd ur 1:1h.cn into :li..'l'Ollllt: or rile ll'gislarion has nut been applied correctly . We w ill check the detuils and t•xplcii n lhl' decision. You 1.·an ask 11:-. to rev ie\v the decision (we c;ill th1 ~ an ohj ec t1on) w11liin2B days from tht• flak yon n~cL•in• this letkr. For morL· infllrtll illion ahCJ ul ho \\' to 11h.it'L'I ~D to our wehsi ll' h uma nst~ 1·vices . gov .nufrcvic wsa min ppc~l ls
T he C'S1\ C11 >.: 1nmer SL' rvicc l e<1111 1:- available on IJ I '!.72 Ir.> answer ~my i.1 11csti1>11 :-. you ni:iy h;1\'1.'. Ple11sc quote your child support reren:nt'i..' number wh~11 you rnll ro ht!lp 11 ~ provide you w1rh fu~l<'r -;c rvi ce.
Your Chll<l Supporl Assessment Y11t11 IL'l°l'l'l: lll.l' llllllllil'I:
... 1\ so l;t,\:tbk illl'Ollll' lllilV hL· lllil.'d Wltl'll a t' ll :.llJllll'l 'i. llll' IJlll\: '" k~ ... 1ha11 thl' lil .\· l ll 't' llll"t'i.hultl. :\ny i11t·o111~· l ~·s:. 1ha11 tltl' t01.\ · l't 1:.· l' 1lirt•shold will he IL•\s lha n tilt• Sl'lf·S11pp11n l\1nn11111 .ind will .~cncr: 1k a C'hild Support lnc1>111t· ol ~,O ,
.. tvl11h i·L':l'l' /\ll111\';Hll'L0: :tll <lll lOlllll :0-L'I a~ Jdl.' lli;it l'l.'l'U~lll,,l'S lht• l'l' ~·PClll~lbi li 1 y lvr :.upptllti11i::
~ 1111 r t Iii Id l'l'll 111 111 her chi Id :--u pp• >1 t ii :-.:-.•:\ 'Ill It' n l :-. . " Child S11ppor1 l1ll·11111l' : 11 ~·~d In t'akula1 ..:- duld ~ 11pro11. fhi -; i.' l.'at.'11 pa1e111\ :id111:-.1L' d 1ax;ihk
lu . .I The total amounts owing are correct at time of login. There may be a delay In seeing recently made payments clue to processing times and/or other payment credits, Including non-agency payments. See The Gulde 5.3. ·1 for more Information.
Reporting lump sum payments If you receive a lump sum or unexpected payment of child support It could have an impact on the amount of Family Tax Benefit you receive. Call the Family Assistance Office on 13 6150 for more information.
' . l {. :._} You may experience issues attaching files to secure
messages using the 11Sencl us a message" service. After browsiJJg for your file and selectlng "ATTACH", you may be incorrectly navigated to the myGov welcome page and your message wlll not have been sent. This is under urgent investigation. The issue is intermittent so please try again: first try to attach your file, then, If successful, type your message and select "SUBMIT". We apologise for any inconvenience caused.
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, I If you have a private collccl uunr1uemc111 With llw oilier porcnl, lhosu 1>nymc111s 11r~ 1101 dls1>lnyct.l. Lt._
Noxt cxpoctocl poy111c11l:
Previous poymon\: outulm1<11no chilcl ou111>c•rt:
1i1 l:hlltl l';UJll'l)l'l l' llSC
Casu number: Chllclrcn's nnm<?s:
iliJ Sr.c11rll1•
(I Nov 2010
so.oo
$1,774.92 $16,02~.56
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Your ro le; Rocolvl1111 1><ircnl Olhcr pnrcnl: WU.LIAM <lOROON
CSAonllne uses o secure nessron. To mnlnluln n~curlly:
• You wlll he logged 0111 of CSAonllrw ;ifler 1S111lnulco ol 1nncllv11y.
• You ohnuld upclotc your p11~s1•10Hl 1cu11lnrly.
For more lnfounatlon, sue !~~l!J'1· '.!·Y. .'lll ' : . .-· ·•iil.ll"
Office of the Speaker Parliament House George St Brisbane, QLD 4000 [email protected]
Mr. Speaker,
I provide the following information arising from our meeting on the 1st of December 2016 in your parliamentary office, and our subsequent discussion about recent allegations made by my ex-partner, •••••••• and the Federal Member for Leichhardt, Warren Entsch, that I had misled Parliament in a Personal Explanation I gave in the House on the 27th of March 2015.
Specifically, the allegations made were that I' d misled the parliament by stat ing that: " I have moved to immediately rectify my tax affairs", and: "I have also ensured that any outstanding child support
payments have been made to my ex-partner·······
In relation to my outstanding tax returns : On 26 March 2015 - the day before my Personal Explanation - I engaged the services of Edgehill Accounting whose principal accountant, Ian Anderson, worked with the Australian Taxat ion Office and myself to resolve all outstanding tax matters for the financial years prior to March 2015.
I attach a letter from my current Tax Accountant, Mr. Bob Mclean from My Tax Agent, stating that currently the only outstanding tax returns are for the 2015 and 2016 financial years - which were, of course, not within the timeframe of my Personal Explanation. We are currently working to lodge these returns.
In relation to payments of outstanding child support to as at March 2015: As the attached correspondence from the Child Support Agency attests, I made a private payment of $5,300 to to resolve the debt outstanding as at that date. The shortfall of approximately $24 was inadvertent, and rolled into an arrangement I made with the Child Support Agency, which I detail below.
In April 2015 I arranged with the CSA to have my salary garnisheed to resolve a debt to the mother of my two eldest children, which had not been the subject of my statement to Parliament, and to pay ongoing support for my children to both ex-partners.
The amount agreed upon by all parties was based on my parliamentary salary and capacity to pay, given my other obligations. The Child Support Agency has now received from me and distributed to both families approximately $2,300 per fortnight. This was organised through the Parliamentary pay system.
The total amount paid since the arrangement was put in place is approximately $97,000.
This arrangement has had the support of both my ex-partners. The Child Support Agency exists to sort, amongst other duties, any disputes that may arise about child support payments. The Agency has not alerted me to any concerns being raised at any time in the 21 months the arrangement has been in place.
I trust this detailed explanation satisfies the allegations and your requirements outlined to me in our meeting on the 1st of December.
Re: Mr William J Gordon - Tax Return Lodgement Status
Mr. William J Gordon has engaged My Tax Manager to help him report on his Tax Affairs to the Australian
Taxation Office as at 2016. In particular, Mr Gordon has requested that we provide him with a report of his
current Lodgement Status of all past and pending individual tax returns.
As such, we attach a print-out of a report created on the 51h of December 2016 from the Austral ian Taxation Office (ATO) Portal indicating that Mr Gordon's current lodgement status to this letter. According to the ATO
report, Mr Gordon has pending returns to be lodged FY 2015 and FY 2016 Financial Years only.
Yours sincerely,
Bob Mclean
Australian Taxation Office Tax Agent Portal - Lodgment due - income tax Page I of I
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Current client MR WI LLIAM JOHN GORDON
Represented by MY TAX MANAGER PTY LTD
Lodgment status - income tax
TFN
Lodgment details - current financial year
Financial year 2016 ending
Status Not lodged
Due date 31/10/2016
Lastyear 2014 lodged
Lodgment history - up to 3 years
Financial year 2015 ending
Status Not lodged
Financial year 2014 ending
Status Issued taxable
Financial year 2013 ending
Status Issued taxable
05 Dec 2016 09:07:57 (EDST)
ABN
I Return not necessary 11 Assessment notice - income tax I
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https://tap.ato. gov .au/TaxAgentPortal/defau lt.aspx ?CRY PTO A UTH= pre login 5/12/2016
05/12/2016 14 : 34 0732181916 LEVELl9
! ~. Australian GoYennneut
~ Department of Human Senic~
No. of pages: 2 including cover sheet
Return fax number: 1300 309 949
Facsimile
PRIVATE AND CONFIDENTIAL
Title:
Date:
To:
Fax number:
Organisation:
From:
Team:
Pl 1une:
Comments:
05/12/2016
Attentior'I: Mr Billy Gordon
07 35536709
Linda King
Personalised Services
131 272
Please find following, letter as requested.
Linda
PAGE f'.H /!:)2
The information transmitted 1s tor the use of the intended recipient only and may contain confidential and/or legally privileged material. Any review. re-tr~nsmission, disclosure, dissemination or other use of, or taking of :my action in reliance upon, this infonnation l)y perso11 or entities other than the intended recipient is prol1ibited and may result in severe penalties. If you have received this letter in error please contact tile sender and (leslroy all copies of this transmission together with any altachments.
If not delivered retl1rn to GPO Box 0815, MELBOURNE VIC 3001
5 December 2016
Mr William Gordon
Dear Mr Gordon
-~~
PAGE 02/02
Australian Gm-ernment
Ocpurtrucnt of Hun1:in Services ~,... 1..- ---
. child support .. '
Our reference:-
I am writing to provicfe information about your chlld support account as discussed during our telephone call on 5 December 2016.
You requested ·details of contact, bstween yourself and the De (the department), regarding your chlld support with that occurred in early 2015.
On 20 March 2015 you contacted tile department by telephone to discuss payment of your chi ld support, you also acfvised tilat you had been making private payments directly to •
- · I can confirm that at ths time of this conversation the child support owed to • iiiii would have been $5,324. 13.
On 23 March 2015 contacted the dopartment to confirm that she llad received a payment from you of $5,300 which was intended for child support. This payment had been made privately and~ the department. The payment was credited against the child support owed to_..
Other Issues Please contact the department on 131 272 to discuss this matter or any further concerns you may have.
To find out more about this letter or other department products and services: Register for secure Australian Government Online Services, including Child Support Online via www.my.gov.au. Please have a recent letter from the department available, as this will contain information, which will be requi red at registration. Call us on 131 272 (call charge$ apply- calls from mobile phones may be charged at a higher rate) Monday to Friday between 8.30 am and 4.45 pm, local time. Please quote your reference number to help us provide you with a faster service. You can write to us al GPO Box 9815 Melbourne Vic 3001.
Yours sincerely,
Linda King Service Officer - Personalised Services Department of Human Se1vices
I refer to your enquiry of the Clerk's Office on 6 December 2016 concerning payments made by you to the Child Support Agency through the Parliamentary Service's payroll facilities.
Payroll deductions from your fortnightly salary to the Child Support Agency commenced in the pay due on I April 2015.
Following the processing of the most recent pay, which is due to be paid ou 7 December 20 16, a total amount of$ 96,361.95 has been deducted from your salru-y and remitlcd to the Child Support Agency.
Please contac;t me on telephone number {07) 3553 6444 if you need any further infonnation.
\'Yours sincerely
l-~~~ Peter Morris tvfanager. HR Services
Correspondence to be addressed to: The Clerk of the Partlament, Parliament House, Allee and George Sts. Brisbane OLD 4000 Australia
