Chief Minister Eva Lawler has made reforms to ministerial staff rules in the lead up to the 2024 NT general election, in direct response to the ICAC’s long-delayed investigation into the party’s misuse of taxpayer money to run its 2020 campaign, that saw Labor politicians charge taxpayers to fly to remote communities on polling days in contravention of already established rules.

An independent MLA says the changes to the ministerial staff guidelines do not go far enough to prevent future misuse of public funds for political purposes and questioned why Independent Commissioner Against Corruption Michael Riches has not publicly released the findings of his investigation into Labor’s 2020 election campaign rorts, which she said has “all the hallmarks of corruption at the highest levels within Labor”.

Mr Riches refused to comment yesterday on the current status of his investigation that was started more than two-and-a-half years ago, with no indication provided as to whether it will be released to the public before this August’s general election.

Ms Lawler’s revised ministerial staff guidelines were disclosed in response to a written question from Robyn Lambley dated January 10, asking what steps the Chief Minister is taking to “ensure that taxpayer’s money will not be spent on the Labor Party’s campaign for this year’s election as it was during the Northern Territory 2020 general election?”

The NT Independent revealed in November 2021 that then-chief minister Michael Gunner’s office orchestrated more than $40,000 of taxpayer-funded flights throughout the 2020 campaign period, including some to marginal electorates in remote communities on polling days, approved by Mr Gunner’s brother-in-law and then-deputy chief of staff Ryan Neve, in breach of rules established to prevent the use of public funds for party-political campaigning.

The NT Independent investigation, which relied on internal government documents obtained through Freedom of Information laws, also revealed that Mr Neve remained in his taxpayer-funded position while taking a lead role in Labor’s 2020 re-election campaign against established protocols and while conducting blatant party political business through his personal and government email accounts.

Nobody from Labor has been held accountable to date.

Ms Lawler responded to Ms Lambley’s written question about the election campaign rorts earlier this month, pointing to the new guidelines for ministerial staffers.

“The guidelines have been updated and all Ministers and ministerial staff are aware of the guidelines and processes and my expectations of adherence,” Ms Lawler wrote.

Ms Lambley said the guidelines do not go far enough.

“Updating ministerial ‘staff guidelines’ will not address the historical misuse of public money by Labor during the 2020 caretaker period,” she told the NT Independent.

“But granted, it is an inadvertent admission of a bigger problem.”

Amongst the new rules for ministerial staffers is a proper definition of “political activities” that staffers are forbidden from engaging in while working their taxpayer-funded jobs, including creating flyers and social media posts with party logos “and names of candidates”, as well as door-knocking and other campaign activities.

However, staff can engage in those activities after work hours, or while taking leave, “but staff must be mindful of their professional responsibilities … ensuring a clear separation between public duties and political activities at all times”.

Under the heading “need for guidelines”, the new rules state that ministerial staff play an important role in “providing advice and assistance” to the Ministers and that the job is “a privilege that carries with it an obligation to act at all times with integrity and awareness of the expectation of the Northern Territory community [and] that the highest standards of conduct will be observed”.

The new rules also have a specific section entitled “integrity” with expectations laid out for “using public funds and tendering”, as well as for the “use of public resources”.

The new guidelines appear to put more responsibility for politicians’ conduct on their staff.

“Ministerial staff must ensure the effective, efficient and appropriate use of public resources and avoid waste or excessive use …” the guidelines state.

“Staff are required to ensure the legitimacy and accuracy of any claim for entitlements and must be responsible and accountable for their use of these resources.

“Ministerial staff must be aware of the legislative obligations of Members of [the] Legislative Assembly (MLAs) and Ministers when using public resources. This includes ministerial staff acting ethically, reasonably and in good faith when using, and accounting for the use of, government and parliamentary resources in relation to the performance of their own professional duties.

“The use of public resources procured for the purposes of advancing and supporting the discharge of public duties is not permitted for political activities.”

However, the new guidelines have not been enacted into law, which means there is no mechanism to enforce them and simply state that failure to adhere “may result in disciplinary action”.

‘The longer it goes on, the more it stinks’: Lambley on Labor’s election rorts scandal

Ms Lawler told the NT Independent the new rules would help clarify what is expected of ministerial staffers.

“My office has put in place strict guidelines with what can and can’t occur during work hours. Party political work is not to happen during work hours. This applies to all activities going forward,” she said in a statement.

“All Ministerial staff are expected to follow these rules. The function of government still occurs up until election day – ministerial roles still exist up until then and the function that they hold.

“The Opposition Leader has an office and staff – equivalent to a Ministerial office – funded by taxpayers, and she needs to immediately issue directions to her staff.

“The reason why these guidelines have been put in place is to set a standard. My team is hardworking and doing their best to support the Territory.”

Ms Lambley said the changes would not prevent Labor politicians and staffers from misusing public money during this year’s campaign and called for the ICAC to finally release the findings of his overdue investigation after more than two-and-a-half years.

“I have to wonder why the ICAC has been unable, or unwilling, to conclude their investigation,” she said.

“And why does the current Chief Minister think that signing off on a document aimed at improving the integrity and use of public resources by political staffers goes any way to explaining what has all the hallmarks of corruption at the highest levels within Labor, back in August 2020?

“The longer this matter goes unresolved by the ICAC, the more it stinks and the more it looks like there is a distinct lack of intention to do the right thing.”

Mr Gunner resigned as chief minister two days after Ms Lambley cancelled a media event in May 2022, where she had planned to publicly disclose that he and his staff were under investigation by the ICAC for the 2020 election rorts. She later made the revelation public following Mr Gunner’s shock resignation, which he maintained at the time was to spend more time with his family.

“I don’t believe there are any coincidences in politics,” Ms Lambley said at the time. “I think there is a link, but I’ll leave that up to other people to decide.”

Mr Riches refused to comment on whether he felt the public had a right to know what transpired at the 2020 election before casting their ballot at this August’s election and would not say if the findings of his investigation would be made public before August 24.