MLA calls for parliamentary inquiry into NT Independent Commissioner Against Corruption

An NT independent MLA will call for a parliamentary inquiry into the NT Independent Commissioner Against Corruption (ICAC) when parliament returns next month, saying the anti-corruption body has weakened the Northern Territory's reputation.

The NT ICAC was established in 2018 by the then-Labor government after it was found NT authorities could not adequately investigate political corruption.

But since it began its work six years ago, a string of scandals has generated negative attention and put a cloud over the anti-corruption body.

Those include former commissioner Ken Fleming having to step aside from a police shooting probe, and one of the body's most high-profile investigations being removed from its website. 

The current commissioner, Michael Riches, has also been on leave for more than three months after a personal dispute was made public earlier this year.

The turmoil has delayed the progress of key work, including a major investigation centred on alleged misconduct in former Labor chief minister Michael Gunner's office before the 2020 NT election.

Independent MLA Robyn Lambley told the ABC she would call for a parliamentary inquiry into the NT ICAC when parliament resumed in October.

"The ICAC has failed, it's been a monumental flop. It's been a farce," she said.

"In such a short period of time, it's been absolutely plagued by constant problems of conflicts of interest, lack of separation, and even questions around the integrity of how ICAC operates itself."

Ms Lambley said she would be moving a motion in parliament "very quickly" to set up a board of inquiry into the ICAC's functioning.

"Now we are entering a new parliament with a new government, a new CLP government, hopefully they will have an appetite to really dig down and try and fix this terrible mess up," she said.

Transparency International Australia chief executive Clancy Moore said recent examples involving the NT ICAC were "concerning".

"Potentially there could be a loss of trust in this really important integrity agency … and anything that can be done to strengthen how the ICAC works is only a positive step," he said.

Justine Davis, a newly elected independent NT MLA, said she had heard a "high level of community concern" about the performance of the ICAC during the recent territory election campaign.

She said people wanted to know the office was meeting standards of integrity.

Ms Lambley suggested an inquiry could look at changing the ICAC's model to wholly outsource investigations to other jurisdictions.

This, she said, would help solve inherent conflict of interest concerns in a jurisdiction as small as the NT. 

"The chances of people knowing each other … are exponentially higher in the Northern Territory than anywhere else in Australia," she said.

"The only way I see ICAC operating in the Northern Territory is almost like a resource centre for corruption and misconduct and mismanagement, but all investigations should be undertaken by an external jurisdiction … completely at arm's length."

Earlier this year, Mr Riches revealed the former Labor government had blocked his office's access to cabinet documents multiple times in the past 18 months, affecting his office's ability to investigate. 

Questions remain over ICAC's recent issues

Earlier this year, Mr Riches went on leave after it was revealed he paid his former partner $20,000 at the same time as she withdrew an application for a domestic violence order against him in 2023.

An investigation by the ICAC inspector found he had not acted improperly when making this payment.

At the time, the ICAC was still investigating allegations that public resources within the chief minister's office were used to advance Territory Labor during the 2020 election.

Mr Riches said his findings would be released in June this year ahead of the 2024 NT election. 

The acting ICAC commissioner, Naomi Loudon, recused herself from the investigation due to a conflict of interest when she stepped into the role following Mr Riches taking leave.

At Senate estimates in June this year, Ms Loudon declined to clarify what the nature of her conflict was.

Ms Loudon declined to respond to questions from the ABC about the status of the investigation and about why she recused herself.

Ms Lambley said Ms Loudon should be transparent about the conflict and that this was yet another question mark over the ICAC.

Mr Moore agreed: "Reports would suggest [it] could be handled better … it's really important the public is made aware of it, the reasons why it's a potential conflict of interest, and how it's being dealt with as well".

Mr Riches's leave is due to end on Monday.

Inquiry would need government's backing

Chief Minister Lia Finocchiaro declined to comment to a series of questions about the ICAC.

Ms Finocchiaro's CLP government has an overwhelming majority in parliament and any inquiry would need its backing.

"I hope the CLP consider what I put forward and take it very seriously, and yes I would be optimistic, but I'm also quite realistic," Ms Lambley said.

Opposition Leader Selena Uibo said it was "imperative the territory has a robust and transparent anti-corruption body".

"The decision to launch a parliamentary inquiry ultimately sits with the government, however I think Territorians would welcome any improvements to accountability in politics and the public sector," she said.