
Sixty-nine ACT public sector misconduct investigations have been halted over the past five years after the staff involved left the service, according to figures obtained by independent MLA for Kurrajong Thomas Emerson through Budget Estimates questioning.
The numbers, equivalent to roughly one stayed investigation a month, point to gaps in accountability at senior levels of the ACT Public Service, Emerson said. Public Sector Standards Commissioner investigations are meant to uphold the integrity of public institutions, and the figures suggest it is too easy for those facing misconduct allegations to sidestep accountability by leaving the service, he argued.
Senior officials should not be able to end an investigation simply by resigning, Emerson said, particularly where a departure comes with a payout. “This practice sends the message to public servants with the courage to call out wrongdoing that their allegations might never see the light of day,” he said.
The figures follow the resignation of former Canberra Institute of Technology chief executive Dr Margot McNeill, who left the role with a $445,000 payout amid unresolved concerns about her conduct. It remains unclear whether any investigation into her alleged misconduct will be completed or whether findings will be made public.
Emerson said CIT staff had told him they wanted any investigation into the former CEO to continue despite her resignation. Given the nature of the allegations, he said it would be inappropriate for investigations not to reach a full conclusion, adding that a senior official’s resignation should not mean they escape accountability, especially where concerns relate to broader cultural issues within an institution.
In the wake of Operation Kingfisher, Emerson said the ACT Government needed to demonstrate zero tolerance for weak accountability processes across the public sector.
He has written to the CIT Board and the Public Sector Standards Commissioner requesting that any investigations underway at the time of McNeill’s resignation continue to their conclusion.
McNeill resigned in August after 13 months as CIT chief executive, following an Assembly committee inquiry that found she had failed to disclose a prior TAFE NSW misconduct finding and had “actively misled” the CIT Board during her recruitment.
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