MLA calls for parliamentary inquiry into Northern Territory independent anti-corruption commissioner

An independent Northern Territory MP will call for a parliamentary inquiry into the Independent Commissioner Against Corruption (ICAC) when parliament returns next month, saying the body is bringing the Northern Territory’s reputation into disrepute.

ICAC Northern Territory was established in 2018 by the then Labor Government after it was found that Northern Territory authorities were failing to adequately investigate political corruption.

However, since it began operating six years ago, a series of scandals have sparked negative reactions and cast a shadow over this anti-corruption institution.

These include former Commissioner Ken Fleming withdrawing from the investigation into a police shooting and the removal from its website of one of the agency’s most high-profile investigations.

Current Commissioner Michael Riches has also been on leave for more than three months after his personal conflict was revealed earlier this year.

The unrest has delayed progress on key work, including a wide-ranging inquiry into alleged misconduct in the office of former Labor Prime Minister Michael Gunner ahead of the 2020 Northern Territory election.

Independent MP Robyn Lambley told the ABC she would call for a parliamentary inquiry into the Northern Territory ICAC once Parliament resumes in October.

“ICAC failed, it was a monumental failure. It was a farce,” she said.

“In such a short period of time, the ICAC has been completely affected by ongoing issues of conflicts of interest, lack of separation and even questions about the integrity of the way the ICAC operates.”

Ms Lambley said she would be tabling a motion in Parliament “very soon” to set up a commission of inquiry to look into the workings of the ICAC.

“We’re now going into a new parliament with a new government, a new CLP government. Hopefully they’ll feel like they really get down to work and try to fix this terrible mess,” she said.

Transparency International Australia chief executive Clancy Moore said recent cases involving the NT ICAC were “concerning”.

“There is potentially a loss of confidence in this really important integrity agency… and any action to strengthen the functioning of the ICAC is only a positive step,” he said.

Justine Davis, the newly elected independent MP for the Northern Territory, said she heard a “high level of community concern” about the activities of the ICAC during the recent election campaign in the territory.

She said people want to be assured that the office is meeting standards of integrity.

Ms Lambley suggested that consideration could be given to changing the ICAC model so that investigations are outsourced entirely to other jurisdictions.

She said this would help resolve the conflict of interest problem in a jurisdiction as small as the Northern Territory.

“The chances of people knowing each other… are much greater in the Northern Territory than anywhere else in Australia,” she added.

“The only way I see ICAC operating in the Northern Territory is almost as a resource centre for corruption, misconduct and mismanagement, but all investigations should be undertaken by an outside jurisdiction… completely at arm’s length.”

Earlier this year, Mr Riches revealed that over the past 18 months the Labour government had repeatedly blocked his office from accessing Cabinet papers, making it difficult for his office to conduct investigations.

Questions still linger over ICAC’s recent issues

Earlier this year, Mr Riches went on leave after it was revealed he had paid his former partner $20,000 around the time she withdrew a domestic violence order against him in 2023.

An investigation by an ICAC inspector found that he had not acted improperly in making the payment.

At the time, ICAC was continuing to investigate allegations that public funds in the Prime Minister’s Office were used to support the Territorial Labor Party in the 2020 election.

Mr Riches said his findings would be released in June this year, ahead of the 2024 Northern Territory election.

ICAC acting commissioner Naomi Loudon recused herself from the investigation on grounds of conflict of interest when she took up the role following Mr Riches’ departure.

During Senate estimates in June this year, Ms Loudon declined to explain what her conflict of interest was.

Ms Loudon declined to answer ABC questions about the status of the investigation or why she recused herself from the case.

Ms Lambley said Ms Loudon should be transparent about the conflict and that it was another question mark about the ICAC.

Mr Moore agreed: “The reports suggest that this could be better managed… it’s really important that the public is aware of this issue, why it’s a potential conflict of interest and how it’s being dealt with.”

Mr. Riches’ leave is due to end on Monday.

The investigation would require government support

Prime Minister Lia Finocchiaro declined to comment on a series of questions regarding ICAC.

Ms Finocchiaro’s CLP government has a clear majority in parliament and any investigation will require its support.

“I hope that the CLP will consider what I am proposing and take it very seriously. Yes, I would be optimistic, but I would also be realistic,” Ms Lambley said.

Opposition leader Selena Uibo said it was “imperative for the territory to have a strong and transparent anti-corruption body.”

“The final decision on whether to launch a parliamentary inquiry is with the government, but I think Territorians would welcome any improvements to accountability in politics and the public sector,” she said.