ICAC releases first of two reports into Labor’s use of public funds during 2020 NT election campaign

Labor will accept all recommendations made after the corruption watchdog’s investigation into whether taxpayer dollars were misused by former Chief Minister Michael Gunner at the last election.

No findings were made about former Chief Minister Michael Gunner’s use of tax dollars in the lead up to the 2020 NT election. Picture:(A)manda Parkinson

The Territory Labor government will adopt all recommendations made by the corruption watchdog after an investigation into whether taxpayer dollars were misused by the party for political gain in the lead up to the 2020 NT election.

In the first of two reports into 2020 election conduct, the Independent Commission Against Corruption made “no concluded findings” on whether former Chief Minister Michael Gunner “did or did not engage in improper conduct” by spending $14,100 in public funds flying to remote communities when mobile polling stations were open.

The long-overdue report recommended increased scrutiny on taxpayer funded travel during political campaigns, and blamed “intolerable ambiguity” in guidelines defining political purpose as opposed to public purpose for the inconclusive findings.

Deputy Opposition Leader Gerard Maley said Labor’s conduct did not pass the pub test. Picture: Pema Tamang Pakhrin

Deputy Opposition Leader Gerard Maley said that, despite the non-result, Mr Gunner’s travel “did not pass the pub test”.

“Michael Gunner had been Chief Minister for a number of years, and he’d been through a number of campaigns, he knows the difference between political activity and official duty,” Mr Maley said.

“Turning up, using government resources, taxpayers resources, on voting day at a remote, Aboriginal location in the community clearly fails the pub test.

“Unfortunately this Labor government hasn’t accepted their responsibility.”

Mr Gunner, accompanied by staffers, was found to have travelled on a chartered aircraft to Nauiyu, Galiwin’ku and Wadeye in August 2020 – a time when caretaker rules were in force prohibiting tax dollars going towards political activities other than routine governance.

ICAC Commissioner Michael Riches said it was not disputed the trips were planned “for the very reason” the polling booths would be open, Mr Gunner’s explanation being that the primary purpose was for community engagement at a time when most of the community would be in one spot.

According the report, each of the three trips was marked in Mr Gunner’s calendar as travel to a polling booth.

A screenshot of former NT Chief Minister Michael Gunner's calendar showing taxpayer funded travel undertaken during the election caretaker period labelled as a polling booth. Gunner's defence of the trip was that its primary purpose was community engagement, not campaigning. Picture: ICAC.

“I have not made any findings in respect of Mr Gunner,” Mr Riches said in the report.

“The events occurred in an environment where there was little by way of clear guidance, and in circumstances where the question of what constitutes an official duty versus a political activity was not clearly defined.

“It was said that engagement within remote communities is difficult and rarely are there events during which the community will come together.

“I acknowledge that part of a minister’s responsibility is to engage with members of the community, and that face-to-face engagement is, in many respects, the best approach.”

NT Independent Commissioner Against Corruption Michael Riches. Picture: Office of the ICAC/Supplied

The ICAC made seven “voluntary” recommendations, including that ministerial staff guidelines be amended to clarify the meaning of political activity, and that all MLAs and staff agree not to use public resources on political activities.

It also recommended each MLA keep a record of any publicly-funded travel during the caretaker period, to be made publicly available, and that staffers be required to keep a time sheet in the lead up to a general election, and only engage in political activities while on leave or out of business hours.

Chief Minister Eva Lawler said all recommendations would be adopted, but stopped short of criticising her predecessor’s conduct or the ICAC’s investigative process.

“I’m not going to provide commentary on it - this report has taken three and a half years, the Commissioner has listened to and spoken to a large number of witnesses, he’s followed through and looked at all the paperwork that was in place at that time, and there were no adverse findings against Michael Gunner,” she said.

A second ICAC report is being prepared into allegations staffers in the Chief Minister’s office engaged in political work during office hours to support Labor’s 2020 election campaign.

That report will be handed to Ms Lawler by June 30 and may not be made public.

“I don’t know what’s in that report,” Ms Lawler said.

“I believe in transparency so I will have a look what can and can’t be put out, whether it can be put out in full, or whether it can be put out partially.”

Michael Gunner and Eva Lawler in 2020. Picture GLENN CAMPBELL

Mr Gunner noted there were “no adverse findings” made by the ICAC, and said greater clarity around ministerial guidelines would be “a good thing”.

“Direct engagement is essential in a healthy democracy. This is a constant challenge in the Territory as we are home to the most vulnerable people in Australia, living in the most remote locations,” he said.

“While discussion and debate about these recommendations is best left to serving Parliamentarians, I do agree that greater clarity around guidelines is a good thing.”