In a sensational move against the ACT Integrity Commission, another public servant has sought to suppress its findings, this time in relation to Operation Luna, the investigation into a controversial series of multi-million dollar contracts awarded to a single consultant by the CIT. 

The commission was to report its findings after two years of investigations to the Speaker of the Legislative Assembly on Wednesday.

However, an unnamed person mentioned in the report has commenced proceedings in the Supreme Court seeking an injunction to prevent Integrity Commissioner Michael Adams from giving the report to the Speaker.

In late May it was revealed that the head of the ACT Education Directorate, Katy Haire, had launched legal proceedings in the Supreme Court in September accusing the Integrity Commissioner Adams of bias and seeking to have the investigation stopped completely and for no report or findings to be made. it will not be heard until November 25.

Ms Haire was a witness to Operation Kingfisher,  an investigation involving the conduct of Ms Haire, amongst others, in connection with the procurement of a construction contract for the refurbishment of Campbell Primary School.

Earlier on Wednesday afternoon, the Canberra Institute of Technology board announced that its CEO Leanne Cover had resigned two years after she was “temporarily” stood down on full pay as the ACT Integrity Commission began an investigation into a series of multi-million dollar contracts awarded to a single consultant.

Late on Wednesday afternoon the ACT Integrity Commission, in a media statement, says: “Following the completion of procedural fairness requirements under the Integrity Commission Act 2018, the Commissioner’s Special Report into an aspect of its Operation Luna investigation has been completed.

“Pursuant to the requirements of the Act, when completed such a report must be given to the Speaker of the Legislative Assembly for tabling in the Assembly and publication on the Commission’s website.”

The commission says interested parties were informed on Friday of the commissioner’s intention to provide the report to the Speaker on Wednesday.

“One of those persons has commenced proceedings in the Supreme Court seeking an injunction to prevent the commissioner from giving the report to the Speaker,” the commission says.

“The court has made orders, amongst others, that the identity of that person not be published and setting down a hearing to consider the application on Friday 21 June 2024. In the meantime, the commissioner has undertaken not to provide the Special Report to the Speaker.”

Operation Luna is the code name for the commission’s investigation into the conduct of certain Canberra Institute of Technology (CIT) senior public officials relating to processes to procure consultancy services amounting to about $8 million.

Ms Cover has resigned as CEO of the Canberra Institute of Technology two years after she was “temporarily” stood down on full pay as the ACT Integrity Commission began its investigation.

She had agreed to take leave on June 23, 2022, until the investigation into more than $8.5 million awarded to “complexity and systems thinker” Patrick Hollingworth was complete.

Ms Cover’s total annual remuneration package stands at $373,061.

The CIT board had publicly admitted at the time it could not guarantee the most controversial contract awarded to Mr Hollingworth, worth almost $5 million, provided “value for money”. It fell only $10 short of needing to go before the government’s procurement board.

The contract was suspended and the board confirmed that Ms Cover was to be the subject to a performance appraisal. The outcome of that appraisal is not publicly known, nevertheless she received at least one pay rise during her period of suspension when the ACT Remuneration Tribunal awarded her position a 3.5 per cent lift in December last year.

Canberra Liberals leader Elizabeth Lee said in December: “The Canberra community is extremely concerned that the stood down CEO, who has been on paid leave since July 2022, has been awarded a significant pay rise.

“Canberra taxpayers have been footing the bill for two CEOs now for nearly 18 months and this pay rise just adds insult to injury.”

In confirming its interest in the 2022 CIT events, the Integrity Commission  chief Michael Adams said at the time: “Recent public discourse in the media and in the ACT Legislative Assembly, which clearly pointed to the high likelihood that an investigation by the Commission would occur, and the need to take steps to ensure the integrity of this process, has made this announcement desirable.

“It also provides an opportunity to request any person or entity with information pertaining to the Commission’s investigation report to provide their information to the Commission as soon as possible.”

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