Why are ACT taxpayers paying the legal fees for the head of the Education Directorate in her lawsuit against the Integrity Commission?

That’s the question the Canberra Liberals are pressing Education Minister Yvette Berry to answer after the ACT Government confirmed that it is paying the legal costs for Katy Haire in her legal bid to have the corruption investigation into the Campbell Primary Modernisation Project shut down. Ms Haire launched her Supreme Court action on September 2 before giving evidence publicly before the commission in late September.

“It is incomprehensible that the Education Minister continues to deny having any knowledge of the court proceedings when ACT taxpayers are footing the bill. Canberrans have every right to be outraged by this,” Liberal Leader Elizabeth Lee said.

“The Chief Minister, Attorney-General and the Education Minister need to front the public and explain why ACT taxpayers are paying the legal fees for a Supreme Court application to try and stop a serious corruption investigation.

“Who approved the payment of the legal fees for this Supreme Court application and what were the reasons?

“And having agreed to pay the legal fees, does the ACT government support this Supreme Court application seeking to shut down the Integrity Commission investigation?”

Ms Lee said under the Law Officers Legal Services Directions 2023, the purpose of the provision of public servants getting “assistance” with legal fees was clear that it was for defending any proceedings arising out of action that’s within the scope of their employment, not for commencing them.

She said the directions specifically stated that assistance was not provided if a public servant was “defending professional or personal disciplinary investigation or action” and that any provision of legal assistance may be rejected or withdrawn if the ACT government was not given notice of legal proceedings.

On Tuesday, the ACT Integrity Commission confirmed that Haire’s legal proceedings against its “Operation Kingfisher” by were not hindering the investigation.

“The proceedings concern Operation Kingfisher, which is 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,” the commission said in a media statement.

“The Commission is defending the matter and has engaged external legal counsel to act on its behalf. This legal action has not hindered the investigation.”