Second court action to stop Integrity Commission report but taxpayers not paying legal fees (this time)

The ACT Government has confirmed it is not paying the legal fees of an unknown person who is attempting to stop an Integrity Commission report from being made public.

Integrity Commissioner Michael Adams KC has completed his special report for the Operation Luna investigation (which took two years), but now one of the persons named in the report has sought an injunction from the ACT Supreme Court to stop it from being handed to the Speaker of the Legislative Assembly.

In other words, the report can’t be made public until the court makes a decision.

The investigation was into senior public officials at the Canberra Institute of Technology (CIT) and the processes to procure consultancy services costing around $8.5 million.

An ACT Government spokesperson confirmed the Territory was first made aware of the proceedings on Tuesday afternoon (18 June). The matter was suppressed by the court the next day.

“The Territory has no role in the proceedings and is not meeting or contributing to the costs of the plaintiff in those proceedings,” the spokesperson said.

This is the second time in two months that a person who has been involved in an Integrity Commission investigation has applied to the courts to have the matter stopped or its report prevented from publication.

It was revealed last month that Education Directorate director-general Katy Haire was taking the Integrity Commissioner to court over the Operation Kingfisher investigation into the Campbell Primary School modernisation project.

Her legal team requested the court order the investigation to cease, to hold no more public hearings and not hand down any findings. (This will be heard in the Supreme Court on 25 November, but ACT Integrity Commission public hearings into the matter are next scheduled for 8 July.)

The Territory (ie, taxpayers) is covering her legal costs under the Law Officers Legal Services Directions 2023.

Opposition Leader Elizabeth Lee said this second attempt to use the courts to stop the completion of an Integrity Commission investigation “rings alarm bells”.

“This raises huge alarm bells in relation to transparency, accountability and what can be deemed to be interfering with the Integrity Commission’s investigations into a very, very serious matter,” she said.

“Now, at the 11th hour, when the Integrity Commissioner has confirmed that the investigation has been completed, that the report has been completed, and gave notice to interested parties that the report would be handed over to the Speaker this week, we see [Mr Adams] slapped with a court proceeding seeking to prevent the report from becoming public.”

Ms Lee said while people had a right to file court proceedings, as well as to natural justice and procedural fairness, on the other hand, “there’s just taking the mickey”.

Her party will consider whether there are any legislative changes possible to ensure the Integrity Commission can perform its duties fully.

“This is as a result of a tired, stale, arrogant government that’s been there for over two decades, that has fostered, created and has allowed a culture of secrecy to really proliferate,” she said.

CIT CEO Leanne Cover was stood down from her role during the past two years of the investigation – while on full pay – but her resignation was announced yesterday afternoon (Wednesday, 19 June).

Later that evening, the Integrity Commission notified the media that it wanted to hand the report to the Speaker but that court action had been filed.

“Pursuant to the requirements of the [Integrity Commission] Act, when completed, such a report must be given to the Speaker of the Legislative Assembly for tabling in the Assembly and publication on the Commission’s website,” it stated.

“The Commissioner has undertaken not to provide the Special Report to the Speaker [due to the legal action].”

Chief Minister Andrew Barr and Skills Minister Chris Steel previously confirmed they’d received a copy of Operation Luna’s interim report in November 2023.

The Integrity Commissioner had granted involved parties extra time to respond to comments made about them in the report.

The injunction application will be heard in the Supreme Court on Friday (21 June).