The WA Labor Government has been caught red-handed attempting to cover up an unlawful appointment to the state’s Salaries and Allowances Tribunal (SAT), with a senior government member admitting in Parliament that the appointment was “invalid and therefore unlawful”.
The Nationals WA Member for Central Wheatbelt, Lachlan Hunter MP, said the admission confirms a shocking abuse of power with no apology, no accountability and no independent investigation into how it occurred.
“Let that sink in, a sitting Government MP and former Chief of Staff to the Premier, Daniel Pastorelli, has admitted in Parliament to overseeing an illegal appointment,” Mr Hunter said.
“Yet no one has apologised. No one has been held accountable. And the Government’s only response has been to rush retrospective legislation through Parliament to cover its tracks.”
The appointment in question involved former Minister Hon John Day AM, who was appointed to SAT in 2021 despite being legally ineligible under section 5(7) of the Salaries and Allowances Act 1975, which clearly prohibits former MPs and Ministers, the very categories SAT is tasked with reviewing, from serving on the Tribunal.
Despite this clear legal bar, Mr Day was allowed to serve for nearly four years. During that time, SAT handed down substantial pay increases to senior public officials, calling into question the legitimacy of its decisions.
“If a Wheatbelt farmer or a small business owner broke the law, they’d be hauled before the courts,” Mr Hunter said.
“But when Labor insiders do it, the Government just rewrites the law. It’s one rule for Labor, another for the rest of us.”
Mr Hunter questioned whether any legal advice was ever sought at the time of Mr Day’s appointment and called out the role of Daniel Pastorelli — then Chief of Staff to Premier Mark McGowan, who is now the very MP responsible for pushing the cover-up legislation through Parliament.
Mr Hunter said the Government must now:
- Apologise to the people of Western Australia for the breach of trust;
- Launch an independent inquiry into how this unlawful appointment occurred; and
- Confirm whether other board or tribunal appointments may also be in breach of the law.
“If Labor thinks this is the end of the story, they’re wrong,” Mr Hunter said.
“We will keep pursuing this in Parliament and in the public domain. Western Australians deserve a Government that respects the law.”
