Matt Cunningham opinion: Is it time to disband the Territory’s corruption watchdog?

More alarming than the missteps of our anti-corruption commission has been the failure of anyone in a position of authority to do much about it, writes Matt Cunningham.

NT Chief Minister Natasha Fyles listens to ICAC Michael Riches during estimates hearings. Picture: Floss Adams

It’s time to disband the office of the Independent Commissioner Against Corruption.

That’s not because there’s no corruption in the Northern Territory to investigate.

But as repeated events continue to prove, this jurisdiction is too small to effectively operate its own anti-corruption watchdog.

Revelations this week that the office of the ICAC had hired a Country Liberal Party member and operative as an investigator are extraordinary.

Commissioner Michael Riches was at first reportedly surprised to learn of Cormac MacCarthy’s political affiliations but later defended the appointment.

“He has not (been) and will not be allocated any assessment relating to a minister, an MLA or any matter that might involve a political element,” Mr Riches said.

This explanation won’t be nearly good enough to ease the minds of Territorians. Let’s be honest, almost everything the ICAC touches is political in one way or another.

While there’s no suggestion Mr MacCarthy wouldn’t do the job properly, the appointment could give rise to the perception of a conflict of interest for a CLP member if an adverse finding might cause difficulty for the Labor administration.

Mr Riches has previously lamented the difficulty his office has had finding investigators but if it is so hard up it needs to hire members of political parties, then it’s time to give the game up.

This is not the first time there have been potential conflicts with ICAC staff and contractors.

Mr Riches inherited the mess left by his predecessor Ken Fleming KC.

Ken Fleming KC was the NT’s inaugural corruption watchdog. Picture: Supplied

Mr Fleming had allowed lucrative investigation contracts to be awarded to former South Australian police officer David McGinlay, whose domestic partner Kate Kelly was the ICAC’s director of investigations.

Not long after his appointment, Mr Riches ended the practice of using external contractors for investigations.

There were also concerns raised about the involvement of ICAC contractor Robyn Smith in the investigation into the Darwin Turf Club, given Dr Smith had previously been involved in a dispute with the club.

ICAC Inspector Bruce McClintock SC found no wrongdoing after Mr Riches referred the matter to him but in the public’s eyes these coincidences don’t help to instil faith in an organisation trusted with conducting such an important function.

Conflicts exist everywhere in the Northern Territory. It’s remarkable that Children’s Commissioner Colleen Gwynne can be subjected to a three-year police investigation and (eventually aborted) Supreme Court trial over allegations she helped a friend get a job, yet not enough is done when there are more obvious potential conflicts in the office that’s supposed to investigate these matters.

The bar for managing conflicts in the ICAC office should be set higher than anywhere else.

In a statement just a month after taking over the role, Mr Riches said he wanted his office to have a positive influence on the NT.

“There is little prospect of having that positive influence unless this office is trusted,” he said at the time.

Michael Riches has ended the practice of using external contractors for investigations.

“What matters to me is the integrity of this office, which must be beyond reproach.”

Employing a CLP member will do nothing to build trust or restore integrity to an organisation that’s been found wanting in these areas too many times since its inception five years ago.

What’s been more alarming than the missteps of our anti-corruption commission has been the failure of anyone in a position of authority to do much about it.

It’s eight months since the ICAC Inspector’s annual report revealed clandestine recording made by unnamed investigators were clearly inappropriate.

Yet that was the last we heard of the matter.

The NT government commissioned former Department of Attorney-General and Justice chief executive Greg Shanahan to conduct a review of the ICAC Act.

But true to form for this administration, it remains hidden from the public.

The one positive about a CLP member being hired as an ICAC investigator is it might be the only thing that can make the Labor Government realise what a horrible mess it has created with its anti-corruption watchdog and finally do something about it.

The best option might be to hand the investigation of corruption allegations in the Northern Territory over to the new National Anti-Corruption Commission.