Inspector dismisses ICAC conflict of interest complaint following investigation

An investigation over allegations the Territory anti-corruption watchdog awarded lucrative contracts to a senior director’s boyfriend has found no case to answer and the complaint dismissed.

Independent Commissioner Against Corruption Ken Fleming. Picture: Keri Megelus

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AN investigation over allegations the Territory anti-corruption watchdog awarded lucrative contracts to a senior director’s boyfriend has found no case to answer and the complaint dismissed.

ICAC Inspector Bruce McClintock SC has handed down a report, which was obtained by the Sunday Territorian, saying he had investigated an allegation that the Director of Investigations had a conflict of interest in allocating investigative work to be carried out externally to the Office of the Independent Commissioner Against Corruption to her domestic partner, who conducted a private investigation business.

Mr McClintock said in March and April this year he received a series of complaints from employees of the Office of the Independent Commissioner against Corruption.

He said the first complaint was made on March 11 and he received similar complaints from three other employees in the Investigation Section of the OICAC.

He said a complainant made an allegation of corrupt conduct and raised several workplace issues and the other complaining employees made similar allegations.

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“Put shortly, the allegation was that, because there was a domestic relationship between Kate Kelly, the Office of the Independent Commissioner Against Corruption Director of Investigations and David McGinlay, an external investigator who had been retained by the OICAC to carry out investigations on its behalf, there was a conflict of interest which amounted to corrupt conduct within the meaning of the ICAC Act,” Mr McClintock said in his report.

“Having investigated the matter, I am satisfied that the conflict of interest, if any, was recognised and appropriately managed,” Mr McClintock said.

“It appears to me that the retention of Mr McGinlay as an external contractor was managed appropriately to avoid any conflict of interest.

ICAC Inspector Bruce McClintock. Picture: NCA NewsWire/Joel Carrett

“It will be very unfortunate if the OICAC was deprived of the services of the best person because of the existence of a personal relationship with an OICAC employee when that conflict could be appropriately dealt with as it was here.

“On the evidence I have examined, Ms Kelly had neither any role nor any influence in the selection of Mr McGinlay as an external contractor to the OICAC.

“I am satisfied that the OICAC recognised it would be inappropriate for the Director of Investigations to be involved either in selecting an external contractor to carry out investigations and in allocating specific items of work to him.

“As a result, the Commissioner and Deputy chief executive officer both ensured that did not occur.

“Accordingly, I have decided the complaint should be dismissed.”