Education chief Katy Haire, left, and Education Minister Yvette Berry giving evidence before the ACT Integrity Commission… Ms Haire has sought to delay the Supreme Court process at least four times. 

“Ms Haire commenced legal action in early September. However, she has sought to delay the Supreme Court process at least four times. The action is now listed for hearing on November 25 – a month after the ACT election,” writes political columnist MICHAEL MOORE.

It is not just the state of Denmark where “there is something rotten”. Just how committed is the ACT government to the ACT Integrity Commission (AIC) and integrity generally?

It has recently come to light that the head of the Education Directorate, Ms Katy Haire, is attempting to shut down the AIC’s Operation Kingfisher inquiry. Kingfisher is looking at why the government awarded the Campbell Primary School’s refurbishment to Lendlease when there was another cheaper bid that, it would appear, met the criteria of the tender.

Ms Haire commenced legal action in early September. However, she has sought to delay the Supreme Court process at least four times. The action is now listed for hearing on November 25. This is a month after the ACT election.

The question in my mind is the extent to which this is about Ms Haire – or whether it is an attempt to protect Education Minister Yvette Berry. Ms Berry has appeared before the IAC. The goal of Ms Haire’s court action is to stop the IAC from continuing its Operation Kingfisher investigation. How politically convenient!

One of the things that makes me wonder, is the grounds for the appeal to the Supreme Court. Her application to the court includes the notion that the commissioner “might not approach those tasks with a sufficient level of impartiality and is not open to persuasion”. The legal action raises “apprehended bias” and “breach of the rule of natural justice”.

Look at the flip side. The AIC has postponed public hearings to ensure transparency and fairness. The Commissioner, Michael Adams KC, explained that the “postponement of the public hearing was to provide all relevant parties with adequate time to consider and prepare responses to the submissions produced by counsel assisting”.

Additionally, the AIC will then make a draft report available to the parties being investigated. This is to ensure procedural fairness consistent with the Integrity Commission Act 2018.

An independent commission against corruption (ICAC) has been on the agenda for years. This column explored the issue in June 2008. An “Integrity Commission” became reality in 2018. Such commissions have been on party platforms from before the 2012 election to ensure that governments and MLAs act with integrity.

And now there is an effort to hobble to AIC. Why? Is this really just about Ms Haire or does it go much deeper? Opposition Leader Elizabeth Lee, a former law lecturer, pointed out that “serious questions” remain for the government. 

She slammed Ms Berry “for deceiving Canberrans by claiming she had no knowledge of the matter”. 

“Since making those comments, the attorney-general has confirmed he knew about the court proceedings and advised the Chief Minister back in September last year,” she said.

We are expected to believe that Ms Berry was not told by either the attorney-general or the chief minister. This is despite the government approving support to fund the legal action “pursuant to the Law Officers Legal Services Direction 2023”. 

However, as Ms Lee points out “the directions specifically state that assistance is not provided if a public servant is ‘defending professional or personal disciplinary investigation or action’.”

It is important not to lose sight of the right of any person to take legal action of the sort that Ms Haire is embarking on. This right is a fundamental part of being in a democratic society. However, it is also appropriate to question motives when the legal system is used to delay and delay and delay.

Similarly, it is appropriate to question whether such delays are tied to an electoral cycle or are just coincidental.

Considering how long it took for the government to establish an independent commission against corruption, and then call it an integrity commission, it is reasonable to question the extent to which the government is really committed to such a commission. 

It is appropriate to question whether the government would be prepared to back a range of techniques to stymie any outcome that might possibly touch on one of their ministers.

There is no dead king walking the palace walls as there was in Hamlet. However, the AIC has been established to ensure there is “nothing rotten” in the ACT. It ought to be allowed to do its work.

Michael Moore is a former member of the ACT Legislative Assembly and an independent minister for health. He has been a political columnist with “CityNews” since 2006.