The ACT government is paying the legal costs for the head of the Education Directorate in her lawsuit against the Integrity Commission.
Director-General Katy Haire launched a legal bid against the commission and integrity commissioner Michael Adams KC in an attempt to shut down a corruption investigation.
Ms Haire alleged there was an apprehended bias in the investigation for the procurement for an expansion of Campbell Primary School.
The territory government confirmed they are assisting Ms Haire with the cost of her representation in the matter.
"Public employees who are the subject of legal claims or inquiries arising out of the course of the performance of their duties are entitled to seek assistance in relation to their legal representation pursuant to the Law Officers Legal Services Directions 2023," a government spokesman said.
Court documents, obtained by The Canberra Times, show Ms Haire wanted to stop the commission from completing its investigation, preparing a report and holding public hearings into the matter by reason of the alleged apprehended bias.
Meanwhile, Education Minister Yvette Berry told the ABC she was unaware of the legal action being taken by Ms Haire until it was reported in The Canberra Times on Tuesday. Ms Berry has been examined as part of the investigation.
A government spokeswoman said the territory was not a participant in the legal proceedings and was unaware of the current status of the proceedings.
The ACT Integrity Commission is investigating whether directorate officials failed to act honestly and/or impartially when making recommendations and decisions regarding the Campbell Primary School expansion.
Lendlease was awarded the tender for the project despite Manteena presenting a better and cheaper design according to the procurement criteria.
Ms Haire's matter in the Supreme Court was first set to take place in November 2023 but has been pushed back several times. A hearing is now scheduled for November 25, 2024.
The Integrity Commission said Ms Haire was responsible for the delays to legal proceedings in the Supreme Court.
The court action commenced on September 2, 2023 and directions hearing was held on September 7, a spokeswoman for the commission said.
"On 18 September 2023 the matter was listed in the Directions list for a final hearing date to be set down," the spokeswoman said.
"The first hearing date of 27 November 2023 was not suitable to Ms Haire and consequently a listing date of 5 February 2024 was determined.
"On 15 March 2024 Ms Haire sought further adjournment and on 15 April 2024 a final hearing date of 25 November 2024 was determined."
Meanwhile, the commission has continued with its investigation into the Campbell Primary School procurement.
The spokeswoman said the commission was defending the matter with Ms Haire and had engaged external legal counsel to act on its behalf.
"This legal action has not hindered the investigation," she said.
Ms Haire's lawyers were contacted on Monday about the delays but have not responded.
Ms Haire alleged the commissioner had apprehended bias as her lawyers were initially refused the option to cross-examine a key witness, John Green, which is a pseudonym.
However, her lawyers were granted this opportunity in hearings in December.
Opposition Leader Elizabeth Lee questioned why the case had not been discontinued given the Integrity Commissioner eventually granted Ms Haire's lawyers the opportunity to cross-examine Mr Green.
She said the court was making decisions based on submissions from the parties and her question was not about whether the courts had been subjected to political interference but about which party was applying for delays.
"My understanding was that it should have been listed for no longer than one day," Ms Lee said.
"I find it incredibly hard to believe that if the parties had been willing and able that this could not have been brought on sooner."
