The Northern Territory's anti-corruption watchdog is being investigated for secretly recording a private conversation with former opposition leader Gary Higgins.
At the time of the recording in 2020, Gary Higgins — the then-Country Liberal Party leader — was not under investigation and was asked to help the Independent Commissioner Against Corruption by providing background information relating to a case.
The current commissioner, Michael Riches, said the recording was "inappropriate" and referred it to the Northern Territory's independent ICAC inspector, Bruce McClintock, to investigate.
At the time of the incident, the ICAC was run by former commissioner Ken Fleming, QC, who retired in 2021.
Mr Riches has since taken over and said "conduct of that kind will not happen while I am the commissioner".
Mr Higgins has confirmed to the ABC that he was invited to a meeting with ICAC staff under the pretences of an informal, background discussion.
He said he had passed the information of his case to the inspector, Mr McClintock.
Mr McClintock, a high-profile barrister who is also the anti-corruption inspector for New South Wales, said Mr Riches referred the matter to him "as soon as he became aware of it".
"I'm confident that it will not happen under Commissioner Riches and, if it did happen, I would intervene."
Unlike New South Wales, where it is illegal to secretly record someone without their consent, Northern Territory's law is more complicated.
Under Section 11 of the Northern Territory Surveillance Devices Act 2007, ICAC officers are allowed to secretly monitor or record a private conversation they are not a part of, as long as:
- the recording relates to their duties
- at least one party has consented
- the officer reasonably believes it is to protect someone's safety.
ICAC officers can also secretly record a conversation if they have a warrant.
According to the act, there are emergency provisions if it is in the public interest.
Northern Territory Chief Minister Michael Gunner was asked if a separate parliamentary inquiry could be required, but his department said the inspector's investigation would suffice.
"The ICAC and Inspector are independent and have the ability to investigate a wide range of matters," a Northern Territory government spokesperson said.
Current Opposition Leader Lia Finocchiaro renewed calls for a parliamentary review of the ICAC Act, "to help restore community confidence in the institution".
Mr Fleming has been contacted for comment.
