Assembly Clerk warned MLAs they had ‘no authority’ to grant ICAC access to Blain MLAs devices, but they did so anyway

Territorian MLAs were warned by the Assembly’s Clerk that they had “no authority” to grant the NT’s corruption watchdog access to Blain MLA Mark Turner’s electronic devices.

TERRITORIAN MLAs were warned by the Assembly’s Clerk that they had “no authority” to grant the NT’s corruption watchdog access to Blain MLA Mark Turner’s electronic devices.

But on the Solicitor-General’s advice that it was within the Assembly’s power to do so, the government and the CLP voted to allow it.

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It was revealed in parliament this week that the Independent Commissioner Against Corruption had launched an investigation into Mr Turner and as part of this had obtained three mobile phones and a laptop from the Blain MLA.

But the ICAC’s officers had been blocked from accessing the information on those devices because “Mr Turner and his legal representatives” claimed they may contain matters that attract parliamentary privilege.

Mr Mark ‘Three Phones’ Turner on the first sitting day of parliament in 2021. Photograph: Che Chorley

In a bid to gain entry to the devices, the ICAC wrote to Chief Minister Michael Gunner seeking the parliament’s permission under law.

The ICAC was not seeking to use parliamentary privileged information found on the devices, just access to determine what could be used and what was protected.

But Clerk of the Legislative Assembly Michael Tatham, in his advice to MLAs, noted that the Assembly had “no ownership or control” over a MLAs records and therefore it was not within their power to authorise access.

“If the ICAC cannot access the material, it is not because of any rule of the Assembly or claim of ownership of the Assembly. Insofar as parliamentary privilege is a barrier to access, the Assembly is powerless to amend or waive that privilege accept by legislation,” Mr Tatham wrote.

“It is incumbent upon the Assembly to consider very carefully what it wishes to do when it is asked to curb its own powers and privileges and question if it even has the capability to do as requested.”

Kezia Purick. Picture Katrina Bridgeford.

Mr Gunner, in parliament on Thursday, noted Solicitor General Nikolai Christrup SC had concluded the motion — to grant ICAC access with the caveat the NT’s second top law officer would be present when the data is accessed — was “within the powers of the Assembly”.

Former Speaker and Goyder MLA Kezia Purick slammed the move to grant ICAC access as “concerning” as it set a “dangerous precedent” against the sanctity of parliamentary privilege.

Ms Purick said it was “fundamentally wrong” for the Solicitor General to be able to review privileged information and accused him of attempting to write himself “into the workings of parliament”.

Araluen MLA Robyn Lambley concurred and said it was clear support for the motion displayed a “distinct lack of understanding” of what parliament “actually stands for”.

Mr Turner was not present in the House when the motion was voted on.