Territory public servants’ ‘best practice’ failure fell short of ‘improper conduct’: ICAC finds

A two person government tender procurement panel failed to adhere to ‘best practice’ but their actions fell short of ‘improper conduct’, an ICAC investigation has found.

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A TWO person government tender procurement panel failed to adhere to “best practice” but their actions fell short of “improper conduct”, an Independent Commission Against Corruption investigation has found.

Deputy Commissioner Rex Wild QC began the probe into employees of an unnamed government department following the tender process in 2019.

Mr Wild found that “despite the tender arguably being a tier three procurement because of its value”, a two member panel was convened instead of the requisite three.

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The contract was then awarded to one unnamed company despite another unnamed company receiving a higher score on a “value for Territory” document.

But Mr Wild found the panel’s conduct did not meet the threshold for “unsatisfactory conduct” because it fell short of substantial mismanagement or substantial detriment to the public interest.

“However, I find that the officers had engaged in conduct that did not comply with the rules and governance of the procurement function, best described as failing to adhere to best practice,” he said.

“The officers effectively conceded this during their respective evidence before me.”

ICAC Commissioner Kenneth Fleming QC said procurement remained an area of “significant risk” to the Territory Government, with approximately 20 per cent of reports to his office concerning procurement.

“Given that the Northern Territory Government procures $1 billion of goods and services annually, there is a serious risk of improper conduct if fraud and corruption controls — and procurement legislation, policies and rules — are not fit for purpose, out of date, or not complied with,” he said.

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