“When reports are less than timely, they lose considerable impact minimising the prevention of corrupt conduct. After more than seven years and two elections, the findings of the Operation Kingfisher are yet to be published,” writes political columnist MICHAEL MOORE. 

Will the ACT community have to wait seven years to determine if there were shonky planning decisions regarding the Phillip Pool site? 

You might laugh! However, the similarities with Operation Kingfisher indicate it just might take that long.

Operation Kingfisher is investigating “whether public officials within the ACT Education Directorate failed to exercise their official functions honestly and/or impartially”. This investigation was into the Campbell Primary Modernisation Project from 2018.

The Leader of the Opposition recently announced that he had referred the matter of the sale of Phillip Pool to the ACT Integrity Commission. Actually, the Commission was already aware of what appeared to be irregularities and had self-referred the issue in November 2025.

Both investigations involve Deputy Chief Minister Yvette Berry, who was recently the subject of a successful censure motion in the Assembly. In recently responding to an Auditor-General report that found no needs analysis was done regarding the Phillip site, she put the blame on public servants. What happened to ministerial responsibility?

She told the ABC’s Ross Solly that at the time of the decision in question, she had not met with the purchaser of the site, nor had any of the public servants “in her area”. Speaking more generally, she explained: “I don’t know about the public service, so I couldn’t say yes or no.”

The needs analysis in question ought to have examined whether it was appropriate to modify the planning laws to allow a 25-metre indoor pool instead of the existing 50-metre outdoor pool.

Ms Berry conceded: “There was an expectation from the community there would be a more detailed analysis and that didn’t happen”.

Changes that were made to the planning regulations arose between October and December in 2022. Those changes to the Territory Plan were made in an extraordinarily short time in order to allow the 25-metre alternative on the site. 

The changes were made just two weeks before the sale of the site. The purchaser was Geocon , a major development company in Canberra. Geocon is intending to build in the order of 700 units on the Phillip site. The first three stages have been approved and will deliver 286 units in three towers. 

Both the Auditor-General and the Integrity Commission consider this a worthwhile investigation.

The Integrity Commission and the Auditor-General play an important role in preventing corruption and improving integrity in the ACT. However, when reports are less than timely, they lose considerable impact minimising the prevention of corrupt conduct, or conduct lacking integrity.

After more than seven years and two elections, the findings of the Operation Kingfisher are yet to be published. As recently as late February this year the Integrity Commission released its findings to affected parties.

It explained, “as part of the procedural fairness process, the Integrity Commission Act requires that a minimum of six weeks is given to the affected parties to respond to the proposed report”.

The six weeks is a minimum. However, considering the delays that have, at least partially, been due to three separate legal actions (that were ruled in favour of the Commission), the need to publish as soon as possible ought to be obvious.

The Integrity Commission does explain that it must “consider any comments received, including any requests from relevant parties seeking additional time to respond”. Granted! But considering the constant efforts to delay this report over so many years, the outcome ought to be public.

Deputy Chief Minister Yvette Berry was the first ACT Minister to be called to appear before the Integrity Commission. In September 2023, she denied telling her staff to ensure the bid on the Campbell Primary School update was to go to Lendlease despite the tender evaluation teams recommending on two occasions that the rival firm Manteena had a superior and cheaper bid. 

The Kingfisher investigation is also considering the influence of the CFMEU as to whether this union exerted influence that undermined public servants and was not in the best interest of taxpayers.

The fact that Ms Berry has now been involved in two investigations does not make her guilty. However, earlier this year the Greens criticised Chief Minister Andrew Barr for allowing Ms Berry to remain in cabinet for two years despite having appeared before the Integrity Commission. And that was just one inquiry.

Whatever is happening in the ACT Government? It is time to clear the air.

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.

Page 14 – Government has no regard for the community

News all day, every day at CityNewsQBN.com.au.