Health Minister Tim Nicholls denies forcing abortion advocate Daile Kelleher from board
Health Minister Tim Nicholls has denied forcing a prominent abortion advocate to remove her from the state health services board because he lacks the legal power to do so.
Former Gold Coast Hospital and Healthcare board member Daile Kelleher resigned in May after Nicholls told him to “resolve” what he saw as an unmanageable conflict of interest in his job.
Kelleher, who was once the Greens candidate for the Clayfield seat of Nicholls, spoke after parliament last week passed laws giving the cabinet the power to dismiss health service board members without cause.
Asked at a media conference on Tuesday whether he had used the conflict process in the absence of powers to remove Kelleher, Nicholls said: “No, I’ve seen that allegation and it’s not actually true.”
“The chairman of the board contacted me and the board informed me that they were … dissatisfied and dissatisfied with the conflict of interest regulations that had been put in place and conveyed that to me.”
Kelleher was, and remains, chief executive of Sexual and Reproductive Health Australia. She also led Children by Choice during the campaign to decriminalize abortion in Queensland.
In this role, and ultimately through his Churchill Fellowship, which included a call for the government to expand access to abortion, Kelleher was required to speak publicly, including on government policy.
Board members are technically subject to civil service codes of conduct, which prohibit media comment on government policies, but they can thoughtfully contribute to public debate in a private capacity.
But what triggered the board’s concerns was media commentary about the importation of US-style abortion policies into Australia following last year’s state election, when the issue roiled the LNP.
The updated Integrity Commissioner advice that Kelleher subsequently sought said the board had raised concerns about reputational risk, but also the risk of damage to its relationship with Nicholls.
Kelleher said he was subject to intense scrutiny by the board, which he joined in April last year and which he believed was fearful of a change of government.
The recommendation, shared with this imprint, showed commissioner Linda Waugh finding the board had conflicts over how “subjects or decisions relating to abortion or sexual or reproductive health” could be governed.
Under a plan drawn up in December, Kelleher will be “quarantined” from such matters and will also be liaised with any planned public comments or activities. It was never confirmed by Nicholls.
In letters instructing Kelleher to “resolve” the conflict, which he considered unmanageable, Nicholls also said the call for a Churchill Scholarship was at odds with the government’s position.
“It means making no changes [to abortion laws] “During this government period,” he said.
A spokesperson for Nicholls declined to comment when first contacted by this imprint last week, citing an inability to comment on individual workplace matters.
But on Tuesday Nicholls said his job was to “ask people to resolve conflicts of interest”.
“I acted in accordance with the advice I received from the department, the legal advice I received… The legal advice was that Ms. Kelleher needed to resolve her conflicts of interest,” he said.
“He now had multiple options available to him, and he chose to resign. And that was the way to resolve this conflict of interest.”
In a statement to this imprint, Kelleher reiterated that he believed the available options were to either resign as chief executive of Sexual and Reproductive Health Australia or step down from his $44,000-a-year board role.
He said Nicholls’ claim that his job was to ask people to resolve conflicts was wrong, as it was his decision to think their conflicts were unmanageable and not to approve the management plan.
“I presented him with real options by presenting a management plan, and he supported me in a decision I had to make,” he said.
“If the conflicts weren’t about abortion and this government’s political fear of reproductive rights, he would apply the same logic to other HHS board members, and the government would have zero health experts on its medical boards.”
Gold Coast Hospital and Health Service has not yet responded to a request for comment.
Contacted on the issue, Transparency International Australia director general Clancy Moore said Queensland has long been a leader in transparency and honesty.
“[This includes] Moore proposed establishing the Integrity Commission model to advise on conflicts of interest and other ethical issues.
“Trust in our democracy is undermined when governments are seen appointing spouses to board positions or removing people with whom they disagree.”
Despite the LNP’s sweeping changes to other boards appearing in this imprint, it was previously only able to dismiss health service directors for reasons such as conviction, bankruptcy or incompetence.
Start your day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.
Matt Dennien is a reporter for the Brisbane Times covering state politics and public services. He previously worked for newspapers in Tasmania and Brisbane community radio station 4ZZZ. Contact him securely on Signal @mattdennien.15Connect via email.
