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ACT’s Kingfisher response fails trust test

ACT Chief Minister Andrew Barr…The ACT’s soaring interest bill is likely to hit government services, with repayments forecast to almost double by 2030, a Legislative Assembly committee has warned. Lukas Coch/AAP PHOTOS

Master Builders ACT has criticised the ACT government’s response to the Integrity Commission’s Operation Kingfisher investigation, calling for an independent Procurement Commissioner and sweeping changes to government contracting.

Master Builders ACT chief executive Anna Neelagama says the government’s reliance on internal reviews fails to provide sufficient assurance that similar procurement failures have not occurred elsewhere.

The Integrity Commission’s report, released in July, found serious corrupt conduct by a former ministerial chief of staff and the former head of the Education Directorate in the Campbell Primary School upgrade tender.

The ACT government’s formal response, tabled on Tuesday, said changes to procurement laws had made the system more efficient, flexible and accountable, and that the core principles of value for money, transparency and probity remained unchanged.

It said the Chief Minister had tasked the public service with reviewing procurement decisions on construction projects worth more than $500,000 across all portfolios between 2019 and 2024, to provide assurance on decision-making.

Ms Neelagama questioned whether internal reviews could provide independent assurance, saying the government had “effectively marked their own homework”.

She is calling for an independent taskforce to investigate procurement concerns, review historical decisions and recommend compensation or other remedies for affected businesses.

Master Builders ACT also wants a formal apology to construction company Manteena over its Campbell Primary School tender and a confidential complaints process for businesses concerned about government contracts.

Other proposed reforms include independent probity officials overseeing major construction projects, mandatory suitability checks for senior procurement decision-makers and political advisers, and a register of union contact relating to government procurement.

Master Builders ACT is also calling for the abolition of the Secure Local Jobs Code, stronger local industry participation requirements and mandatory assessments of local contractors’ capabilities before interstate businesses are invited to tender. The ACT government has previously defended the code as a way to level the playing field for businesses that “do the right thing by their workers”.

Ms Neelagama says the government’s response has shown little appetite for systemic reform.

She points to a $1 million difference on an $18 million project, arguing that a comparable percentage across a $1.3 billion construction pipeline would exceed $70 million.

However, she acknowledges the calculation is illustrative and does not represent a finding of further losses.

Ms Neelagama says independent scrutiny and fair competition are essential to restoring public confidence and ensuring taxpayers receive value for money.

‘Serious corrupt’ finding against two government officials

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