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Friday, April 26, 2024

Procedural fairness process begins for CIT investigation

The ACT Integrity Commissioner has provided relevant parties with a proposed Special Report detailing the proposed findings into allegations of corrupt conduct arising from the procuring and awarding of consultancy contracts totalling more than $8.5 million by the Canberra Institute of Technology (CIT).

Last year’s revelation that CIT had paid consultant Patrick Hollingworth $8.87 million since 2017 for strategic guidance, mentoring, and workshops for CEO Leanne Cover and her executive team led to an investigation by the Integrity Commission.

Codenamed Operation Luna, the investigation aims to determine whether the conduct of certain CIT public officials amounts to corrupt conduct and/or serious or systemic corrupt conduct, as defined under the Integrity Commission Act 2018. This proposed report covers only a certain aspect of the Commission’s investigation, and does not signal the conclusion of Operation Luna in its entirety.

The Integrity Commission Act requires the Commission to provide the proposed report, outlining its proposed findings, to individuals and entities to whom it relates or who have a direct interest in the matter. (This does not mean that there have been proposed adverse findings against them.)

Those persons or entities must be given six weeks to comment on the proposed report. The Commissioner must consider any comments received, and make amendments if this is judged appropriate. This process is generally referred to as the ‘natural justice’ or ‘procedural fairness’ process.

“Procedural fairness is crucial to ensure all views and comments are properly considered before findings are finalised and a report is released and available to the public,” the Integrity Commission stated. “Parties who receive this proposed report, or who are involved in the procedural fairness process, also receive a nondisclosure notice, requiring them by law not to disclose the report’s contents. If the report, or any part of the report is disclosed to a person or entity contrary to the non-disclosure notice, this may constitute an offence under the Act.”

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