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The Canberra Times
The Canberra Times
Lucy Bladen

'Much sooner': AG expresses frustations over time taken for corruption probes

The ACT's Attorney-General said a review may be needed into the length of time taken for the Integrity Commission to complete investigations.

Shane Rattenbury said an evaluation may be needed when inquiries finish into $8.7 million worth of contracts awarded by the Canberra Institute of Technology and Campbell Primary School expansion procurement.

The commission has been investigating both matters for about two years.

Mr Rattenbury said any evaluation would not be conducted while the commission is investigating the matters.

"I think most people would like to see these matters wrapped up much sooner. I would," he told ABC.

"And so one of the things I think we'll need to evaluate at the end of it is why did it take so long but I don't think that's the question to be asking while they're in the middle of it."

The first findings from the commission's investigation into the CIT's contracts with a "complexity and systems thinker" is expected to be released before the end of June.

This is despite the fact the report was distributed to 35 people more than six months ago. Under law, the commission must give affected parties a minimum of six weeks to respond. Parties are able to request an extension and some were granted extra time to respond.

The report into the CIT contracts will only be an interim report and is only one part of a wider investigation into the contracts awarded to companies owned by Patrick Hollingworth over a five-year period.

The investigation into the Campbell Primary School construction tender is examining whether officials in the Education Directorate failed to act honestly and/or impartially when making recommendations and decisions around the build.

Lendlease was awarded the tender for the project despite Manteena presenting a better and cheaper design according to the procurement criteria.

The head of the ACT Education Directorate Katy Haire, who was examined in the investigation, has launched legal action against the Integrity Commission and integrity commissioner Michael Adams alleging an apprehended bias. She has sought to stop the commission with proceeding with the investigation.

Questions continued to be raised on Thursday about Ms Haire's case after it was revealed the ACT government is covering the costs of her legal fees.

Opposition Leader Elizabeth Lee said the Integrity Commission would be required to use its resources in the case brought forward by Ms Haire.

"Being thrown with an ACT Supreme Court proceeding in the middle of this, being accused of apprehended bias, as much as they say it doesn't stop the investigation or delay it, obviously, there's going to be resources that are going to have to be put toward responding to these applications as well," she said.

The Integrity Commission has said the action has not hindered its investigation and external legal counsel had been engaged to act on its behalf.

The final public hearings in the Campbell Primary School investigation have also been pushed back several times. During the final stage of hearings lawyers for affected parties will be able to address the commissioner about their respective cases.

This was initially set to take place from March 12 but has been postponed on three occasions. It was pushed back until April 15 and then May 13. It now won't take place until July 8.

Attorney-General Shane Rattenbury, bottom left inset. said an evaluation of the timing of integrity investigations may be needed. Opposition Leader Elizabeth Lee, bottom right inset, said the commission would have to divert resources to a Supreme Court action. Pictures by Gary Ramage, Sitthixay Ditthavong

The commission said the court case had not contributed to the delays but it was postponed to provide all relevant parties with adequate time to prepare responses to submissions produced by counsel assisting the commission.

The Integrity Commission has previously raised issues of resourcing and staffing. The watchdog, which started in 2019, has struggled to find staff and this has prompted the government to pursue changes to make it easier for former ACT public servants to be employed in the commission.

Under current rules, a person cannot be employed at the commission if they had worked in the territory's public service in the last five years. A review of the commission's legislation has recommended dropping this period entirely.

Chief Minister Andrew Barr told The Canberra Times late last year he was hopeful this could be done before the end of the term.

Mr Rattenbury said the commission had been granted extra resources in recent years.

"I have not seen a representation from the commission about it being significantly under-resourced," he said.

"They have made representations for more resources that have been granted in recent budgets and I have not seen a particular case saying they are under-resourced."

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