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ABC News
ABC News
National
state political reporter Kate McKenna

Queensland's corruption watchdog finds integrity commissioner laptop controversy was 'mischaracterisation'

Former Queensland integrity commissioner Nikola Stepanov, pictured during a budget estimates hearing in July 2021. (AAP: Dan Peled)

An investigation by Queensland's corruption watchdog into the controversy surrounding laptops taken from the integrity commissioner's office has found the circumstances were "entirely ordinary".

The Crime and Corruption Commission (CCC) released a report about its investigation into allegations of improper disclosure of information from the integrity commissioner's office and the circumstances of a "raid" and "seizure" of laptops from that office last year.

"These allegations have attracted a substantial amount of public attention, media coverage, and, regrettably, misinformation," the CCC's public report said.

"There was no evidence of improper disclosure.

"Further, the circumstances in which one laptop was 'wiped' are wholly unremarkable."

However, the report said the investigation highlighted the difficulties that arise from the "current administrative and governance arrangements" relating to the integrity commissioner's office, and repeated its support for independent arrangements.

For months, the opposition has used the laptop saga to call for a royal commission-style inquiry into integrity issues – which the government has rejected.

Dr Nikola Stepanov – who tendered her resignation earlier this year – finished up in the role yesterday.

In January, she said the current governance arrangements placed "the integrity commissioner in a position of inherent vulnerability".

The integrity commissioner's duties include providing confidential advice on ethics and integrity issues to MPs and bureaucrats, and maintaining the lobbyist register.

No emails sent on to inappropriate accounts

The Public Service Commission (PSC) is responsible for the Queensland Integrity Commissioner's (QIC) budget, staffing and resources — a governance arrangement not replicated for any other integrity agency in the state.

The CCC's report outlined how by March last year those arrangements became "a point of contention" for the integrity commissioner, who considered they impaired the integrity of her office and ability to fully carry out her functions.

The watchdog said "a particular point of friction", which became central to its investigation, was the circumstances in which two laptops were removed from the integrity commissioner's office on March 12, 2021.

In July 2021, Dr Stepanov raised concerns that a PSC employee – an executive officer – who had been working in her office may have released confidential integrity commissioner documents.

"The integrity commissioner believed she had identified instances in which the executive officer had 'blind copied' emails to her own individual integrity commissioner email account, and also to a PSC email account," the CCC's report said.

The CCC began investigating the allegation the executive officer had misused her position to disclose confidential information, as well as the circumstances in which the executive officer's and director's laptop were removed from the integrity commissioner's office.

It found no evidence that the executive officer had disclosed confidential information by email.

"The review did not identify any instances of those emails being on-sent, either to a personal email account, or to any inappropriate entity."

Laptops taken 'for different purposes'

The CCC also looked at the circumstances surrounding the alleged "seizure" and "wiping" of laptops during a "raid".

The report said on March 12, 2021, a desktop support engineer appeared to have collected two laptops from the integrity commissioner's office at the same time "for different purposes".

One was for the purpose of an ongoing bullying complaint investigation concerning another employee.

The second laptop, the executive officer's laptop, was collected "at the same time so it could be re-allocated to a new starter," the report said.

The report said while it was not clear who made the request, a request was made by officers of the PSC to Department of premier and Cabinet IT to collect the first laptop.

"The integrity commissioner (along with the office administrator) stayed away from the office on that day to avoid contact, in light of the ongoing investigation.

"There are differing recollections as to who suggested this arrangement, but it is clear that this was the agreement, rather than by direction."

The two laptops were taken back to the Department of Premier and Cabinet IT and the first laptop was set aside, while the executive officer's laptop was effectively immediately backed up and then "re-imaged" so it could be repurposed for a new starter.

"In light of the above, the commentary which has suggested that laptops were 'seized' and 'wiped' as a result of a 'raid' on the integrity commissioner's offices is, in the CCC's view, a mischaracterisation of what occurred."

The report said the integrity commissioner was made aware of the laptops being taken three days after they were collected.

She made a file note that in relation to the executive officer's laptop, work could contain information regarding lobbyists.

The CCC said a public report of its investigation was appropriate to "provide an accurate picture of what the evidence suggests actually occurred."

"A failure to correct the confusion and misinformation around these events may continue to erode public confidence," the report said.

The CCC also made recommendations in light of the investigation, including urging giving "consideration" to the ongoing suitability of the longstanding administrative and governance arrangements with the PSC.

"Finally, this investigation highlights the difficulties which arise by reason of the current administrative and governance arrangements related to the integrity commissioner's office," the report said.

Investigation 'sets the record straight'

Attorney-General Shannon Fentiman said the investigation "sets the record straight" and "Queenslanders deserve to know the truth of this matter".

"The CCC report handed down today is effectively a rainbomb on David Crisafulli's so-called integrity inferno," she said.

"They absolutely must stand up today and apologise to Queenslanders."

Queensland Attorney-General Shannon Fentiman. (AAP Image: Glenn Hunt)

In a statement, the opposition said the report strengthens its calls to "improve its independence and uncouple its governance" from the Public Service Commission.

"The fact these devices contained integrity commissioner records, including files on lobbyists, highlights how dangerous and inappropriate this is," the statement said.

The CCC's report comes almost a week after the Coaldrake report was released, recommending a raft of changes to strengthen accountability and transparency mechanisms in the Queensland government, including a ban on lobbyists 'dual hatting' as political campaigners.

Premier Annastacia Palaszczuk announced today that three Labor-aligned lobbyists won't be allowed to engage with the state government for the remainder of this term.

She said the ban applies to Evan Moorhead, David Nelson and Cameron Milner.

The trio worked on Labor's 2020 re-election campaign.

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