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NT ICAC finds public officer 'engaged in corrupt conduct' on three separate occasions

Michael Riches became the Northern Territory's anti-corruption boss in 2021. (Supplied: Office of the Independent Commissioner Against Corruption)

The Northern Territory's corruption watchdog has found an unnamed "public officer" falsified qualifications in order to be appointed to three high-ranking public positions.

The public officer and the public offices they worked for were not identified by the Northern Territory's Independent Commissioner Against Corruption, Michael Riches.

Mr Riches found the unnamed person was awarded the positions of chief financial officer of a public body in 2013 and 2017, then the position of chief operating officer of a public body in 2018.

He said in 2013 the person's application made reference to holding "a particular tertiary qualification" and that no checks were conducted to verify whether that qualification was held.

"The officer did not hold the qualification and the officer knew that when the application was submitted," Mr Riches said.

The ICAC has called for an audit inside public institutions to scrutinise hires contingent on qualifications. (Photo: Ian Redfearn)

In 2017, Mr Riches found the person's application, again for a role of chief financial officer, falsely asserted they held a relevant tertiary qualification and also held membership as a chartered accountant or certified practising accountant (CPA).

Mr Riches said verification of their qualifications were not sought until after the person had been appointed to the role and they then "created false documents which purported to prove the existence of the qualification and membership as a CPA".

In 2018, Mr Riches found the officer was then appointed to a chief operating officer position in a public body and included the "same false representations about qualifications" on their application.

"No further checks were conducted to verify those claims … the individual resigned from the position in 2020," Mr Riches said.

"In this case, the officer's dishonest representations allowed that person to obtain employment as a chief financial officer in 2013, a chief financial officer in 2017 and a chief operating officer in 2018.

"In each of those occasions, the officer's conduct amounted to corrupt conduct."

Mr Riches said the same person was then awarded a different position in a public body in 2020, but that there was insufficient evidence to prove improper conduct on that occasion.

Public bodies put on notice

Mr Riches has urged "all public bodies" to audit personnel records where a public officer's employment is "contingent upon the holding of a particular qualification".

"I am confident this is not an isolated incident," Mr Riches said.

He said any "deficient" records should be verified and that all anomalies identified should be reported to the ICAC.

"While I recognise that such checks create an additional resource burden during a recruitment process, these events represent a glaring example of why those checks are so important," Mr Riches said.

"All public officers should take note."

In a general report tabled to Northern Territory Parliament in July 2022, Mr Riches said "impropriety in recruitment" was a common theme of reports to the corruption watchdog and that, at that point, more than 140 such allegations had been made.

"The three public bodies that are the subject of most allegations to my office relating to impropriety in recruitment (in order from highest to lowest) are the: Department of Health, Department of Education, [and] Northern Territory Police, Fire and Emergency Services," Mr Riches said in 2022.

There is no suggestion the unnamed public officer in question was linked to any of the above government departments, or whether they worked for a government department at all.

The ICAC act defines a "public body" as — among others — an agency, local government council, police force, court, board, commission or tribunal, nursing home, public hospital, university, or any other body that receives public resources or performs a public function.

On Thursday Mr Riches said he had already made some recommendations in relation to recruitment issues and that he intends to make more.

ICAC cannot disclose identity

As part of his investigation, known as Operation Pacific, Mr Riches said he obtained evidence "under compulsion" and was therefore unable by law to publish the evidence or identity of the public officer in question.

Mr Riches says allegations to his office of recruiting impropriety are common. (Supplied)

He said the public officer and one other unnamed individual were questioned as part of the investigation.

"In my view, it would be unfair to publicly name, or otherwise identify, an individual as having engaged in corrupt conduct in circumstances where I cannot also explain the evidence, or at least some of the evidence, that supported my conclusion(s)," Mr Riches said.

"That is particularly the case where the compulsorily acquired evidence figured prominently in my considerations."

In a statement Northern Territory Chief Minister Natasha Fyles said the government would "review the practices given the findings" and that it was "always working to improve [its] processes".

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