By Lucy Carroll
The former boss of the NSW government’s school building unit created a “strategic transactions” consultant job for his long-time friend and asked for a letter raising questions about the contractor’s $2800-a-day pay to be withdrawn, ICAC has heard.
During his sixth day in the witness box at the Independent Commission Against Corruption, the former head School Infrastructure NSW, Anthony Manning, was grilled about hiring Stuart Suthern-Brunt, a cycling and yoga buddy who was recruited into several roles at the agency.
Former School Infrastructure NSW chief executive Anthony Manning leaves the Independent Commission Against Corruption this week.Credit: Sam Mooy
On Thursday, the ICAC heard that in 2020, Suthern-Brunt was moved from his contract job as acting executive director of infrastructure planning to a new “strategic transactions” role to focus on “planning innovation” for schools and private developer-led proposals.
The inquiry into Manning, now in its seventh week, has heard evidence of a tangled web of highly paid consultants at the public school building unit, and claims Manning gave friends contracts while punishing others who questioned his conduct.
During his evidence, Manning was taken through documents outlining how Suthern-Brunt, under his company Capricorn, was contracted in 2019 as an acting director on $2800 a day, the equivalent of $644,000 a year. In April 2020, emails shown at the inquiry indicate he would be moved to the new transactions lead role.
Suthern-Brunt wrote the draft announcement to staff about his job change on behalf of Manning, and a month later, an email chain shows human resources adviser Wendy O’Brien referring to a tender for the contract as “SSB’s tender”.
Stuart Suthern-Brunt (right) arrives at the Independent Commission Against Corruption on June 2.Credit: Kate Geraghty
The inquiry was shown a “post-tender clarification request” letter sent by a procurement officer on July 6, 2020, that asked Suthern-Brunt to explain his rate. “Can you please substantiate why the rate provided is in line with current market rates for such a lengthy position, particularly noting the current high availability of strategic advisers across the industry due to COVID,” the letter stated.
The following day, Manning texted O’Brien to say he didn’t “know why” Suthern-Brunt received the letter. “I will ask him to ignore the letter – can you withdraw it.”
O’Brien replied: “OK”. In other messages, O’Brien said Suthern-Brunt could not “do 2300”, but later agreed to reduce it to $2520. “We won’t let him go,” she wrote to Manning.
Manning conceded to the ICAC on Thursday that “we shouldn’t have used that language” referring to the email about “SSB’s tender”.
‘It kind of suggests, doesn’t it, that the tender is either an afterthought or it’s a charade?’
Jamie Darams SC, counsel assisting the inquiry
Counsel assisting Jamie Darams, SC, suggested to Manning that the tender looked like “a charade of a process” where Suthern-Brunt “had been identified for the role, but you thought you had to go through some sort of process to give it some degree of formality”.
“It looks like this is just a transitioning of Mr Suthern-Brunt from one role into another, before you decide to go, ‘Oh, let’s go to tender on this’,” Darams said. “It kind of suggests, doesn’t it, that the tender is either an afterthought or it’s a charade?”
Manning replied: “There’s certainly a point in time where the need to go out to tender becomes clearer. Where that was I don’t know.”
Manning did not declare any conflict of interest arising out of his relationship or interactions with Suthern-Brunt until August 2020, the inquiry heard last month.
The ICAC heard Suthern-Brunt was approached directly for five engagements with School Infrastructure at the instigation of Manning, and that no competitive process was run for any of them except one. The contracts were worth $1.7 million over 2½ years.
In 2019, when Suthern-Brunt was acting executive director, he wrote an email to his business partner describing School Infrastructure as “a clown show” and that it had all gone “pear-shaped” at the agency during a period Manning was on leave in the UK.
The inquiry has heard Manning and Suthern-Brunt have known each other since 2007. The pair engaged in numerous social activities including cycling sessions, yoga, breakfasts, dinners, a beer and curry night, and a buck’s party. Suthern-Brunt invited Manning to his daughter’s 21st birthday party.
In the afternoon, Manning was questioned about senior education official Andrea Patrick, who the inquiry previously heard complained after she was sacked because of “a personality conflict” with Manning after her attempts to change procurement policies.
The ICAC previously heard that in October 2020, Patrick was ostensibly made redundant as part of a “realignment” approved by Manning while he was acting as the department’s chief operating officer.
The anti-corruption watchdog alleges this happened after she raised concerns about a PwC contract engagement with the agency and in 20 instances Patrick had oversight of School Infrastructure NSW’s use of contingent workers.
The inquiry heard Patrick raised a formal complaint against Manning in October 2020.
A text message exchange in September 2020 showed Paul Hannan, procurement director at the NSW Education Department, messaging Manning to say: “Have you put a rocket up Andrea already? In the last few days she’s been involving us and playing nice … feels weird.”
Manning replied: “She’s realised that I’m onto her.”
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