By Charlie Phillips
OPINION: It’s a matter of public record that more than $40,000 of taxpayer’s money was expended on travel and related costs to support Labor’s campaign during the caretaker period for the 2020 NT general election. The expenditure was authorised by the then-chief minister’s brother-in-law and deputy chief of staff. No-one in Labor’s Cabinet or caucus has denied these facts.
Not one government Cabinet Minister or MLA has conceded that the expenditure of public money to advance Labor’s election campaign was wrong. No-one has apologised or said publicly the $40,000-plus expenditure should be reimbursed to public revenue by someone associated with NT Labor.
To its credit, the NT Independent has published extensively on these issues.
The NT ICAC has known about these matters for a long time and has confirmed an investigation has commenced – the same ICAC established by a Labor government which for two years has been conducting a review of ICAC’s legislation behind closed doors based on secret submissions withheld from Territorians.
The proposed legislation should be rendered null and void, in my view, if any current or former Minister, ministerial adviser or public servant involved in an ICAC investigation has contributed to related policy development or deliberated on the contents of the Bill.
Experts on probity and ICAC legislation in other jurisdictions have criticised provisions in the draft Bill released subsequent to the Territory review.
Who is responsible and accountable? Where does all of this leave the long suffering Territory electorate?
The Labor government has developed a four-step template to deal with crises arising from its dysfunction, inefficiency and alleged corruption: 1 Deny. 2 Cover up. 3 Delay. 4 Accept no responsibility.
The ICAC investigation on foot is used as a shield that Ministers and MLAs hide behind to avoid public comment on the election funding scandal. It is arguable, however, that the investigation would not inhibit a real leader walking into the sunlight to simply state that spending taxpayers’ money on our election campaign was morally wrong and I apologise to Territorians.
This might, problematically for Labor, beg the obvious question – who will repay the $40,000-plus? This too could be addressed by principled leadership.
Such an approach, grounded in integrity and leadership would, of course, be inconsistent with steps 1, 2, 3 and 4 enumerated in the template above. But it would be in the pubic interest even at this late stage and hold out the prospect that Labor is prepared to admit and redress its mistakes and transgressions.
In addition to the ICAC Act and possibly the criminal code, other instruments might be in play.
Not only is the Ministerial Code of Conduct a great holiday read, its contents elaborate on aspects of probity and Ministerial accountability applicable in the context of the election funding scandal.
The list is not exhaustive, but a few examples from the MCC shine a light on some relevant accountabilities:
4.3 – All public officers, including ministers and their advisers, have a mandatory obligation to report suspected improper conduct, pursuant to the ICAC mandatory reporting directions…
5.6.7 – Ministers are not to appoint close relatives to positions in their own Ministerial office….
7.1 – …Ministers will act with due regard for integrity, fairness, accountability, responsibility and the public interest.
8.2 – Ministers must use administrative resources appropriately and not permit public resources to be wasted or used in an improper manner.
It is entirely a matter for ICAC, but pursuant to its investigation it would be open to the Commission to refer findings to other entities within our NT criminal justice system. Given recent history, there may be reasonable public apprehension about the efficacy of subsequent referrals should any be made.
One thing is certain – Territorians will be watching closely.
Charlie Phillips is a former President of the NT ALP and Senior Adviser to three Chief Ministers. He worked in executive positions in the NTPS including Assistant Secretary Social Policy in the Department of the Chief Minister and as Chief Electoral Officer.
The current dysfunctional ICAC has not prosecuted anyone.
It has named some public servants that dodgied their resumes up and has accomplished little else except internal scandal after internal scandal!!!
ICAC NT replaced the god awful Office of Public Disclosures run by Brenda Monaghan which accomplished absolutely nothing!
It is obvious to anyone who has dealt with ICAC NT, they are not here accomplish anything!