Qld integrity crisis: Whistleblower reveals interference in probe

The state archivist turned whistleblower has detailed alleged interference in his investigation into the Premier’s chief of staff’s missing resignation letter.

A former integrity head claims Premier Annastacia Palaszczuk breached the Public Records Act when her former chief of staff’s resignation letter disappeared, but he was barred from making his finding.

Former state archivist Mike Summerell has alleged departmental interference throughout the entirety of his investigation into David Barbagallo’s missing resignation letter that led him to make a CCC complaint.

He told The Sunday Mail senior public servants continually “sought to protect the interests of the Premier and Government, even if no protection was required” at the expense of his statutory role “to ensure they controlled my investigation and actions”.

“Whilst this was potentially unethical and a breach of the Act and code of conduct, it was unlikely to be deemed corruption by CCC under their legislation,” he said, drawing to attention the limits of the CCC in dealing with such complaints.

Mr Summerell began his investigation in late 2019 after a Right to Information request returned only an unsigned, electronic copy of the July 27 letter sent in September, after Ms Palaszczuk publicly announced he was leaving during a CCC probe.

Mr Summerell said interference began when a senior Department of Housing and Public Works official redrafted a media release quoting him without his permission “to essentially clear the matter without my investigation”.

Mr Summerell claimed his investigation was frustrated when departmental staff:

* Instructed he only correspond with the CCC through the department’s integrity unit, which he ignored;

* Required he run the terms of reference and scope of the investigation by the department;

* Told him he could not speak directly to Mr Barbagallo, his lawyer, or the office of the Premier directly, although this was described as “ridiculous” and overturned by a senior member of the Department of Premier and Cabinet; and

* Denied Mr Summerell legal advice on how to proceed once the investigation was complete.

The former state archivist said he determined there had been a technical breach of the Act to keep records for seven years and the Premier was accountable after just two weeks.

Had he been empowered to complete his investigation, he said he would have sent Ms Palaszczuk a letter outlining the breach and asking for new processes to stop it happening again.

Premier Annastacia Palaszczuk with then chief of staff David Barbagallo

“Barbagallo provided a response via his lawyer stating categorically, in my view, he had provided a signed, physical letter of resignation and it had been left for his staff to file,” Mr Summerell said.

“The Office of the Premier then confirmed they had lost the letter.

“My view was that the letter existed (and) was likely accidentally lost.”

A spokesman for the Premier said the matter was finalised in June 2021 and that any questions should be directed to the department.

Mr Summerell said Crown law advice was that he had no power to determine whether further action was taken, with the same legislative deficiencies uncovered during the Mark Bailey mangocube investigation still unresolved.

He said Crown law recommended the department create a committee to make a decision on further action, but one was never formed and the matter was still unresolved when his contract wasn’t renewed in March 2021.

Before he left, he claimed he was asked to write a letter saying no action was appropriate, but refused and complained to the CCC as a potential breach of his independence. Asked about the referral, the CCC declined to comment.

A June 2021 letter was signed by his predecessor, acting state archivist Irene Violet, saying “there is no unequivocal evidence” Mr Barbagallo had left a hard copy of the letter or that anyone disposed of it without lawful authority and “the department considers its inquiries completed and does not intend initiating any action against any individual”.

The claims of interference were put to the Department of Communities, Housing and Digital Economy, which issued a statement that said: “The Barbagallo matter raised was investigated and finalised by the State Archivist. Anyone who has further information they consider relevant should raise their concerns with the appropriate authorities.”

Ms Palaszczuk announced Mr Barbagallo’s resignation just weeks before a year-long CCC investigation found he did not fully declare his non-pecuniary interests, even as one of his companies secured $267,500 of government investment to develop a cruise ship app.

The CCC said he would likely have been disciplined over his behaviour had he not already quit.