Changes to Public Interest Disclosure Act Recommended in NT

Tuesday 18 August 2015 @ 12.23 p.m. | Crime | Legal Research

The Northern Territory Ombudsman has made seven recommendations for NT Police and the Government in the wake of an investigation into former police commissioner John McRoberts and Darwin socialite Xana Kamitsis, one of which includes the Public Interest Disclosure Commissioner having stronger and expanded powers to tackle corruption and misconduct, under a plan also outlined by the Northern Territory Government in a 14 August 2015 Media Release.

Background to NT Ombudsman's Report

NT Ombudsman Peter Shoyer launched an investigation after former police commissioner John McRoberts resigned over claims he interfered with an investigation into Darwin travel agent Xana Kamitsis, who is facing trial over allegations she defrauded a travel concession scheme.

The report made seven recommendations for the NT Government and police to consider, including:

  • Recommendation 1: NT Police review its policies and procedures dealing with conflicts of interest, associations and gifts and benefits in consultation with the Office of the Ombudsman and OCPID;
  • Recommendation 2: NT Police review its controls in relation to procurement of travel management services to minimise the potential for personal interests to influence decision-making;
  • Recommendation 3: NT Police review its training and awareness programs for all levels, including senior management, in order to ensure that all officers develop and maintain the analytical skills and mindfulness to be able to identify and address integrity issues as they arise;
  • Recommendation 4: The NT Government consider the need for, and benefits of, alternative options for reporting, investigating and seeking advice on integrity issues;
  • Recommendation 5: NT Police review procedures relating to education and awareness of options for police reporting concerns about other police (including external reporting) and treatment of police who report such concerns;
  • Recommendation 6: NT Police review procedures for identification and reporting of police complaints in consultation with the Office of the Ombudsman and OCPID; and
  • Recommendation 7: The NT Government take steps to amend the Ombudsman Act to abrogate the privilege against self-incrimination for the purposes of investigations under the Act, subject to inclusion of adequate protections against future use of information disclosed.

Background to Public Interest Disclosure Commissioner

The Public Interest Disclosure Commissioner of the NT (governed by the Public Interest Disclosure Act (NT)) investigates improper conduct by a Northern Territory public body or by an employee working for a Northern Territory public body.

The Office of the Commissioner makes recommendations to the responsible authority of the public body as to how they should take steps to address issues revealed by the investigation.  The Office gives the responsible authority a reasonable time to comply.  If the responsible authority fails (in the Commissioner's view) to take adequate steps to address the relevant issues, then they are reported to the Minister responsible for the Public Interest Disclosure Act.  The Minister is required to table the investigation report in Parliament within 6 working days.

Recommendations for Public Interest Disclosure Commissioner and Act

Attorney-General John Elferink said the Government was determined to ensure any allegations of corruption and misconduct in public offices and public bodies were thoroughly investigated:

“The Northern Territory already has a range of investigatory bodies and a robust system to identify and prosecute criminal behaviour but we want to do everything we can to strengthen and improve this system...We have an Integrity Group in the Northern Territory that includes the Public Interest Disclosures Commissioner, the Auditor-General, the Ombudsman and the Commissioner for Public Employment....The Government is asking the Integrity Group to urgently convene and consider how the current role and functions of the Public Interest Disclosures Commissioner, and its governing legislation, the Public Interest Disclosure Act, can be enhanced...The Integrity Group, which will be expanded to include the Police Commissioner, will be asked to provide input to Cabinet by the end of the month with the aim of strengthening legislation before the end of the year and establishing the enhanced Commission by the first quarter of 2016.”

The expanded Integrity Group will be asked to consider and provide input on matters such as:

  • Appointing the Public Interest Disclosures Commissioner as an Officer of the Parliament, making the Commissioner answerable to Parliament;
  • Renaming the Office to support a greater understanding of its role and functions, for example, the Independent Anti-Corruption and Integrity Commission or the Anti-Corruption and Public Interest Disclosure Commission;
  • Extending the current powers of the Commissioner for ‘own motion’ investigations;
  • Extending the jurisdiction of the Commissioner to enable investigations of Members of the Legislative Assembly and their staff without referral from the Speaker;
  • Reviewing the adequacies of penalties under the Act for failing to co-operate with the Commissioner; and
  • What additional resourcing, if any, might be required for the Office of the Commissioner for Public Interest Disclosures and the Special References Unit of the Northern Territory Police to enhance their capacity to investigate allegations of corruption and misconduct.

Mr Elferink said the Integrity Group would consult with the NT Law Society and the Criminal Lawyers Association as part of their continuing deliberations.

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