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The Canberra Times
The Canberra Times
Jasper Lindell

'Serious' allegations within ODPP referred to Integrity Commission

Allegations of improper staff appointments, sexual assault and bullying within the ACT's Office of the Director of Public Prosecutions have been referred to the Integrity Commission.

Victoria Engel SC, the Director of Public Prosecutions who took up the post after the allegations were made, confirmed the referral to the corruption watchdog in a budget estimates hearing on Thursday.

The allegations had also been referred to the professional standards unit in the ACT public service, she said.

The Director of Public Prosecutions also missed out on extra resources in the latest ACT budget round, despite a request from the previous acting director for more support, Ms Engel revealed.

Asked about the appointment of a senior media adviser six weeks ago, Ms Engel said the staff member had dealt with approximately 65 media requests and worked to update information provided to witnesses and victim survivors.

The media adviser had also started work on a reconciliation action plan and a disability inclusion plan, which the office did not have in place, she said

Victoria Engel SC appears before the budget estimates inquiry at the Legislative Assembly on Thursday. Picture by Keegan Carroll

"I had initially hoped to not need to bring in a media and communications adviser because I was conscious of the fact that it would take some resources away from frontline staff," Ms Engel said.

"However, it became very clear about three weeks in that that was a pressing and immediate need. After consultation with other senior staff, there was a consensus that that role was required."

Attorney-General Shane Rattenbury last month confirmed he had referred "very serious and concerning allegations" made by staff working for the Director of Public Prosecutions to his top public servant, which prompted a set of independent investigations.

Mr Rattenbury said he could not comment further on the allegations as it may compromise any current or future action the directorate and "independent authorities" may take.

"The timeline for consideration of these allegations is a matter for the independent authorities," he said.

Ms Engel told budget estimates on Thursday she became aware of the allegations after her appointment to the position was announced and before she commenced in the role.

"Those matters were referred for external investigation. Given the nature of the allegations and that related to staff members, it was appropriate in my view that they be dealt with externally for proper scrutiny," Ms Engel said.

"So I'm not able to provide an update."

Ms Engel said she was yet to be consulted as part of an investigation and did not have a timeline for any processes related to the investigations.

Peter Cain, the shadow attorney-general, said the Canberra Liberals keenly awaited the findings of referrals.

"But it speaks to the significant cultural problems within the ACT justice system under the Attorney-General's watch," Mr Cain said in a statement after the hearing.

Mr Rattenbury's confirmation that he had referred staff complaints last month prompted senior lawyers to accuse the Attorney-General of playing politics.

Anthony Williamson SC, who was acting director of public prosecutions at the time the allegations were made, has previously told The Canberra Times in a statement the unspecified claims were baseless.

"To the best of my knowledge, all recruitment processes conducted whilst I was the acting director were conducted in accordance with the Public Sector Management Act and associated government guidelines," he said.

Mr Williamson last month said he had learned of concerns at the start of the year but said "no one has contacted me to discuss these concerns, and no investigative agencies have reached out to me".

"I can only infer any investigation has not progressed because there is no substance to these concerns," he said.

The Canberra Times suggests no wrongdoing on the part of Mr Williamson.

The Justice and Community Safety Directorate in June refused to release 23 documents related to the allegations under freedom of information laws, finding the information could prejudice the investigation of an alleged law breach, identify confidential sources of information and result in a person being subject to a serious act of harassment or intimidation.

The release of the information was also blocked on grounds it would "prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law".

Part of the request had sought correspondence about "complaints or concerns from staff regarding the bullying, inappropriate behaviour or sexual harassment of staff working at the Office of the Director of Public Prosecutions during 2023".

The request also sought correspondence about "internal investigations of allegations of 'job stacking' or awarding positions without proper process by the Office of the Director of Public Prosecutions" and "any reports, briefings, or other documents prepared by or for the Attorney General's Office regarding a Christmas party held for staff of the Office of Public Prosecutions in 2023".

An information officer within the Justice and Community Safety Directorate identified 23 documents, including emails, attachments and handwritten notes, dated between August 31, 2023 and April 17, 2024.

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