Former Chief Minister Michael Gunner rejected ICAC information request over ‘serious allegation’

Former chief minister Michael Gunner rejected a request for information from the Territory’s corruption watchdog about a ‘serious allegation’ regarding a cabinet submission.

FORMER Chief Minister Michael Gunner rejected a request for information from the Territory’s corruption watchdog about a “serious allegation” regarding a cabinet submission.

Independent Commissioner Against Corruption Michael Riches made the revelation in a report tabled in parliament on Thursday, saying Mr Gunner’s refusal was based on an exemption for cabinet documents under the ICAC Act.

“Some time after commencing as commissioner, I received information alleging that the content of a cabinet submission had been edited by a public officer so as to be misleading as to the true state of affairs,” Mr Riches wrote.

“I considered it to be a serious allegation that warranted investigation. I commenced an investigation and obtained some background information about the subject matter.

“However, given the constraints imposed by section 79(2) of the ICAC Act, I was not in a position to compel or otherwise require a person to provide me with the cabinet submissions relating to the matter.

“I could also not obtain first-hand information regarding what had actually occurred from those who had a role to play in the preparation of the submission.”

In the report, Mr Riches said without access to the cabinet submission it was not possible to advance the investigation and Mr Gunner refused to volunteer the information.

“I met with the then-Chief Minister and invited him to consider providing me with the cabinet submissions relevant to the matter and to permit persons with knowledge of the submission to speak to me about it,” he wrote.

“During that meeting I handed the then-Chief Minister a letter addressing the issue and outlining my request.

“Ultimately, the then-Chief Minister declined my request. As he was entitled to do, the then-Chief Minister referred to the restriction in section 79(2).”

Former Chief Minister Michael Gunner.

Mr Riches said while he was not critical of Mr Gunner’s response as he was “entitled to rely upon a provision passed by the parliament”, his decision “meant that my investigation had to be closed”.

But he said after a different matter of a similar nature arose since current Chief Minister Natasha Fyles took over the top job, the government’s position appeared to have changed.

“I wrote to the current Chief Minister regarding that material,” he wrote.

“The Chief Minister determined not to press a claim of privilege in respect of the material, thus allowing me to read and consider it.

“While I do not think it is for me to propose an amendment to section 79(2), I thought it appropriate that the parliament understands its practical impact.”

Mr Gunner resigned as chief minister in May and as the Member for Fannie Bay on Tuesday.

An NT government spokeswoman defended Mr Gunner’s decision.

“The review of the ICAC Act 2017 ensures that the newly established Office operates in line with contemporary practice and community expectation,” she said.

“The Office of the ICAC has been consulted throughout the legislative review that is underway.

“Cabinet confidentiality is an important and established privilege and the existing legislative approach aligns with ICAC legislation in other jurisdictions.”