ICAC report on Berejiklian “did not take too long”: inquiry

A review of the inquiry into the former NSW premier finds commissioner Ruth McColl - who was paid more than $1.1m for the investigation - was not to blame for delays.

ICAC Commissioner Ruth McColl. Picture: John Feder/The Australian.

The NSW corruption watchdog commissioner who presided over the three-year investigation into former premier Gladys Berejik­lian has been cleared of claims she took too long to finalise her report.

ICAC Inspector Gail Furness found that the time taken by Commissioner Ruth McColl – who was paid more than $1.1m to complete the investigation – did not amount to maladministration.

In a report to parliament released on Wednesday, Ms Furness acknowledged the devastating consequences of the delay in producing the report, which found that Ms Berejiklian had engaged in serious corrupt conduct by breaching the public trust and ­failing to report her then-lover, Liberal MP Daryl Maguire, to the Independent Commission Against Corruption.

“The impact was enormous,” Ms Furness wrote. “On 1 October, 2021, the premier resigned because she could not predict how long it would take the commission to complete the investigation.”

It would be another year and eight months before that occurred, she noted. “The reputation of many people continued to be ­affected over the months taken to complete the report and furnish it to parliament.”

The inspector of the ICAC has the power to handle complaints into whether the watchdog has abused its power or committed misconduct.

Gladys Berejiklian, top right, judge Ruth McColl SC, bottom right and counsel assisting the commission, Scott Robertson, top left, during the ICAC hearing.

In June, Premier Chris Minns told 2GB radio that ICAC had taken “too long” to deliver its ­report.

Margaret Cunneen SC, who was wrongly accused by ICAC of perverting the course of justice in a case later overturned by the High Court, attacked the “terrible” delay. “It can’t take this long to work out if Ms Berejiklian did something wrong,” she said.

“Why has she had to wait so long? As someone who’s been touched by ICAC … it’s really quite inhumane.”

Ms Furness said the evidence showed that all those involved at ICAC “were, within available resources, attentive to the work, diligent and acted in good faith”.

“Balancing the impact with the complexity, importance and resources available, I am satisfied that the time taken to report to parliament on Operation Keppel does not amount to maladministration because while the issue is serious, it was not unreasonable, unjust, oppressive or improperly discriminatory,” Ms Furness found.

Counsel Assisting Gail Furness on the opening day of the Royal Commission into Institutional Responses to Child Sexual Abuse. Ms Furness also acts as ICAC Inspector. Sydney, Monday, 6th March, 2017. Photographer: Jeremy Piper

“This was necessary delay and was not undue delay.

“Nevertheless, the commission cannot expect to meet its key performance indicators if it continues to work in the same way.”

Ms Furness said ICAC had to reduce the length of submissions, rework its review process and find more efficient ways to technically produce a report at the editing and proofing stage.

“It has to constantly monitor its resources when completing a report and if they are inadequate to do so in a timely manner, actively seek more resources,” she said.

“The parliamentary joint committee on the ICAC and I should be informed if this occurs.”

Ms Furness addressed criticism the media had been allowed to film ICAC officers handing over the report to parliamentary officials, saying there was “no misconduct or maladministration”.