McClintock unable to take action against Fleming due to parliamentary privilege

ICAC Inspector Bruce McClintock SC has said he unable to take action against Commissioner Ken Fleming for attacking a whistleblower during Budget Estimates.

• ‘Jealousy’ caused the leaks about alleged conflict of interest in ICAC
• OPINION: ICAC Commissioner Ken Fleming should consider his position

ICAC Inspector Bruce McClintock SC says he is unable to take action against Commissioner Ken Fleming for attacking a whistleblower during Budget Estimates as the comments were protected by parliamentary privilege.

However, he says the NT Parliament has the power to refer the ICAC Commissioner to its Privileges Committee.

The whistleblower could also be given an opportunity to present evidence to the Budget Estimates committee – either in writing or in person – in response to Mr Fleming.

The ICAC Commissioner used his appearance at Budget Estimates last Tuesday to publicly disparage the former staff member who had reported allegations of inappropriate conduct within the ICAC to Mr McClintock.

MORE TOP NEWS

Revealed: When NT pharmacies will start administering the Covid-19 jab

Plea for consistency on NT borders as tourism operators face rising costs from lockouts

Industry backs NT govt’s new commissioner roles despite CLP criticism

Under the ICAC Act, it is an offence to retaliate against a protected whistleblower.

But Mr McClintock said Mr Fleming’s comments were covered by parliamentary privilege, which was an absolute privilege. “As a consequence, I have no power to investigate what the Commissioner said and any attempt on my part to do so might well be a contempt of the Legislative Assembly,” he said.

“Such matters can only be considered by the Legislative Assembly itself and its Privileges Committee.”

Bruce McClintock SC and Ken Fleming QC.

The NT News asked Chief Minister Michael Gunner, Opposition Leader Lia Finocchiaro, Estimates chairman Joel Bowden and independents Robyn Lambley, Kezia Purick and Yingiya Guyula if they believed Mr Fleming should be referred to the Privileges Committee. Mr Bowden referred the NT News to committee rules that allow a person who has been adversely affected by a witness’s evidence “to respond to that evidence by written submission and appearance before the Committee”.

Ms Purick, who had a finding of corrupt conduct made against her by the ICAC last year, said any referral to the Privileges Committee was a matter for Mr Gunner.

MORE RELATED NEWS

Former attorneys-general call for ICAC overhaul after Fleming saga

Ken Fleming takes holidays following Estimates appearance

Probe into ICAC’s internal contract deal

“This question needs to be put to the Chief Minister as leader of the government more so because the Chief Minister is prone to referring people to the ICAC at a drop of a hat including his past chief-of-staff (Alf Leonardi) and the Member for Blain (Mark Turner)”.

“In doing so, the Chief Minister has let the whole world know that a particular person is being investigated and yet if I am being investigated, I cannot tell anyone otherwise I will be threatened with serious penalties under the ICAC legislation.

“It is incongruous that there are two sets of rules; one for the Chief Minister and one for the rest of us.”

Mr Gunner did not want to comment and Ms Finocchiaro did not directly respond.

Mrs Lambley questioned whether it would be worth referring Mr Fleming to the Privileges Committee given the earliest that could happen would be August, a month after Mr Fleming was due to leave his role. Mr Guyula’s office did not respond.