The Northern Territory's anti-corruption boss has revealed former chief minister Michael Gunner declined a request to handover cabinet documents to the ICAC, that were the subject of a "serious allegation".
In a report tabled in parliament, the Independent Commissioner Against Corruption, Michael Riches, said Mr Gunner was within his legal right to reject the request, but that doing so prevented further investigation.
The allegation involved a claim that the content of a cabinet submission had been "edited by a public officer so as to be misleading as to the true state of affairs," Mr Riches said in his report.
He initiated an investigation and obtained some background information about the subject matter, but he noted that current legislation prohibited the ICAC from examining cabinet-related material.
"I was not in a position to compel or otherwise require a person to provide me with the cabinet submissions relating to the matter," Mr Riches said.
"I could also not obtain first-hand information regarding what had actually occurred from those who had a role to play in the preparation of the submission."
'My investigation had to be closed'
To overcome the legislative constraints, Mr Riches said he then met with the then-chief minister and "invited" him to consider providing the relevant cabinet submissions, and to allow people with knowledge of the submissions to speak to the ICAC.
However, Mr Gunner declined the request.
"I do not criticise the then-chief minister for that response," Mr Riches said.
"As he was entitled to do, the then-chief minister referred to the restriction in [the ICAC Act].
"Nevertheless, that decision has meant that my investigation had to be closed."
Details about the allegation were first made public during a budget estimates hearing last month, but at the time Mr Riches did not reveal that he had approached Mr Gunner for access to the relevant material.
Mr Gunner resigned as chief minister in May and announced his resignation as the Member for Fannie Bay earlier this week.
In his report, Mr Riches also revealed that he had written to the current Chief Minister, Natasha Fyles, about a separate cabinet-related matter he has been examining.
"The Chief Minister determined not to press a claim of privilege in respect of the material, thus allowing me to read and consider it," he said.
Mr Riches said it was appropriate for the parliament to understand the practical impact of the constraints within the ICAC Act, but that it was not for him to propose any specific amendments.
