Chaotic process leading to Barilaro appointment no clearer after lawyer’s evidence

A senior government lawyer has rejected claims that former bureaucrat Jenny West was formally offered a US trade position, as more conflicting evidence emerged in the chaotic process behind John Barilaro’s appointment to the role.

Former general counsel of Investment NSW Chris Carr faced the parliamentary inquiry into the recruitment of the former deputy premier to the New York post, insisting he was not involved in the hiring process and only played a “limited” role in giving advice.

Former Investment NSW general counsel Chris Carr before the inquiry.Credit: Rhett Wyman

On Tuesday, his evidence at times, however, contradicted his boss Amy Brown, who is likely to be recalled to the inquiry over their conflicting accounts.

The inquiry is examining the steps leading to Barilaro’s selection following his resignation from politics, months after West was axed from an earlier recruitment round. Barilaro has since withdrawn from the role.

The position is one of six lucrative overseas posts appointed by the public service. However, it has emerged that as deputy premier, Barilaro attempted to have the positions changed to ministerial appointments. Despite advice being deliberated, the conversion never took place.

As the most senior lawyer for the department overseeing the commissioner role, Carr assisted with contractual matters and provided advice.

During his testimony, Carr said he was asked by Investment NSW chief executive Amy Brown or her chief of staff in September to prepare advice on whether the appointment of commissioners could be converted to ministerial decisions.

“It was not an instruction that came directly from the deputy premier’s office... I’m categorical on that,” he said.

But this was contrary to the testimony Brown gave last month, when she said Carr was directed by Barilaro’s office.

Further inconsistencies also emerged surrounding Brown’s testimony and when she first discussed the recruitment process with Barilaro’s office.

Brown told the inquiry last month that Barilaro’s adviser Joseph Brayford asked her about the appointment process for trade commissioners around September 6.

However, documents produced under a parliamentary order and tabled to the inquiry have revealed Brown responded to Brayford’s questions about the appointment process in early July - at least two months earlier before interviews for the position had begun, and more than a month before West was offered the role.

At the inquiry, Opposition treasury spokesman Daniel Mookhey said understanding who commissioned the advice, and when, was critical to the public interest. He said the committee was likely to call Brown to appear again.

“We are going to need to hear from her about who we should believe,” Mookhey said.

Carr was recently promoted to general counsel of the Department of Enterprise, Investment and Trade.

Earlier, Carr disputed evidence West gave when she faced the inquiry last week, including that she had been offered the $500,000-a-year job.

“Ms West’s evidence was that her contract terms were finalised on 13 August 2021. She also stated that she was fully offered the job, her words. That is not correct,” he said, citing tax issues that halted the process.

Investment NSW was not in a position to issue a contract to any candidate before mid-December 2021, he added.

Carr said he recalled consoling an upset West during a phone call last year, after she learned a verbal offer was being rescinded. West at the time made a file note of the phone call, recounting that Carr said he was “horrified” to hear about her situation.

Carr told the inquiry he was trying to speak with West “on a human level”. “I have no doubt that she felt the finish line was in sight,” he said, but added that “horrified” was not a word he would have used.

The opposition has seized on the government’s failure to provide internet documents to the inquiry and clear the record, despite two orders of the upper house.

Sharpe said the government was deliberately withholding documents and thereby obstructing the committee from conducting its inquiry.

“We are now getting to the point where it is beyond a joke. And the opposition will be looking at the options that we have to force the government to produce those documents,” she said.

Mookhey said it was not good enough that the committee had been forced to rely on other witnesses to tender documents the government should be providing.

“It raises further questions about whether or not the government is trying to cover up its own behaviour here,” he said.

Premier Dominic Perrottet has maintained the appointment of Barilaro was done at arm’s length from government and is awaiting a review by former public service commissioner Graeme Head. The Premier plans to make this report public.

The inquiry continues.

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