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The Canberra Times
The Canberra Times
Lucy Bladen

CIT freedom of information requests denied

The Canberra Institute of Technology has declined to release documents under freedom of information about contracts worth more than $8.5 million it awarded to a "complexity and systems thinker".

The institute said it was not able to release documents about the contracts due to the current investigation into the matter by the ACT Integrity Commission.

But the "significantly under-resourced" commission has to examine more than 1 million documents related to the awarding of the contracts, meaning it could potentially take years before the public receives answers about the controversial contracts.

CIT chief executive Leanne Cover has also been stood down on paid leave from her $318,687-a-year position. The institute's board chair Kate Lundy said earlier this week she would be on leave for the "duration of the inquiries and investigations".

The territory's freedom of information legislation does say the release of information in possession of the integrity commission is contrary to the public interest.

The act also states information which could prejudice investigations by the integrity commissioner was a factor favouring non-disclosure in the public interest.

A freedom of information request related to the contracts awarded by CIT to companies owned by Patrick Hollingworth from The Canberra Times was rejected on the basis of the investigation.

Documents were declined despite the fact CIT had requested extensions for requests. The institute also had to hire a FOI specialist to deal with the volume of applications which came after news of the contracts emerged.

A decision letter concerning the request said the release of the information could prejudice the ability of the integrity commission to undertake its law enforcement functions.

"The ability for the commission to obtain information that is not publicly available is a key enabler in determining if there has been wrongdoing in relation to the matter that is being investigated," the letter said.

"I consider that releasing information within the scope of your request at this time would undermine the ability for the commission to effectively discharge its law enforcement duties, impacting on its ability to investigate the circumstances and identify any issues in the awarding of the contracts."

The letter also said the release of any information prior to the completion of the commission's investigation could interfere with the ability of individuals to receive a fair hearing.

It said the release of the documents would gain media attention and individuals would be unable to respond to allegations given the current investigation.

"This debate creates a significant risk to the integrity of the current investigation as well as a risk to future or subsequent matters which could appear before a court, or tribunal, which could damage a person's position in these proceedings, therefore interfering with the administration of justice generally."

CIT did consider factors favouring the release of the information, including that its release would promote open discussion and accountability about the procurement processes.

"I consider that release of this information would allow for a positive and informed public debate on CIT procurement processes which may improve accountability and transparency for future procurement actions," the letter said.

Requests from ACT Opposition Leader Elizabeth Lee have also been denied. She said she was not surprised the requests had been rejected but felt the public had a right to receive answers about the saga.

"It is incredibly disappointing but not surprising that every single FOI request to CIT is being rejected," she said.

"Whilst we respect the integrity of the investigation, there is clearly significant public interest in this issue and the community have a right to know what is going on with this scandal."

ACT Skills Minister Chris Steel has not answered questions related to the contracts due to the investigation. He told an estimates hearing this week the commission had to conduct its work without interference.

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The Canberra Institute of Technology, where more than $8.5 million was awarded to one contractor which is currently the subject of an integrity commission investigation. Picture by Sitthixay Ditthavong
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