In late February, the Northern Territory's Independent Commissioner Against Corruption (ICAC) released a report, implicating a senior public official in improper conduct. The report, which remains anonymous under statutory constraints, revealed that the official facilitated the appointment of a long-time friend to a senior position within the public service. Despite the anonymity maintained in the report, NT Police Commissioner Michael Murphy has identified himself as the subject. He admitted to assisting his friend, now Assistant Commissioner Peter Kennon, securing the high-ranking job.
The ICAC investigation highlighted that Commissioner Murphy participated in the hiring panel which appointed Kennon, raising concerns about conflicts of interest. The report did not name Murphy directly due to the Northern Territory's ICAC Act limitations, as explained by ICAC delegate Patricia Kelly SC. She noted, "Following an investigation I have made a finding that a senior executive public officer engaged in improper conduct, namely unsatisfactory conduct, relating to the mismanagement of a conflict of interest."
Unveiling the Findings
Commissioner Murphy confirmed in a statement that he was the senior official involved. He expressed regret, stating, "I accept that I should have dealt better with a conflict of interest, a friendship and a referee report in relation to an appointee." Murphy defended his actions by emphasizing the merit of Kennon's appointment alongside others, saying, "These appointments have been awarded to the most meritorious and best candidates, each of whom is a strong, intelligent and innovative leader who has shown dedication to serving our community."
Kelly's report indicated negligence and incompetence on Murphy's part during the recruitment process. She stated, "The conduct did result in a substantial detriment to the public interest and was also an inappropriate use of public resources in the recruitment process." Furthermore, it was found that Murphy provided his previous job application to Kennon before applying for the position but did not extend this courtesy to other candidates.
Government Response and Public Reaction
Chief Minister Lia Finocchiaro received a briefing on the findings but adhered to legal constraints by not publicly naming Murphy. She expressed frustration with these limitations, saying, "I can't rule anything in or out … [it's] frustrating for me and for the community." Finocchiaro faced criticism for not taking stronger action against Murphy following the ICAC's findings.
Finocchiaro elaborated on her stance by indicating that the investigation was intended to highlight best practices around conflicts of interest. However, she acknowledged it resulted in heightened scrutiny and public discontent. "I believe this was really intended to be an exercise in public education around best practice around conflicts of interest, but all it's done is created this hunt," she explained.
In response to the situation, Finocchiaro took proactive measures by directing government agencies to reassess their recruitment and conflict management protocols. She stated, "Following the release of the ICAC's public statement as chief minister, I wrote to the chief executive of the Department of Chief Minister and Cabinet asking that they work with the commissioner for public employment to advise what action is being taken to ensure public sector agencies are fully aware of their obligations to ensure appropriate conflict management and recruitment practices are occurring throughout government."
Future Implications and Recommendations
The ICAC report included two recommendations aimed at improving executive appointment processes within the public sector. Commissioner Murphy accepted these recommendations and committed to implementing them. He reiterated his responsibility towards maintaining trust within the Northern Territory Police Force, asserting, "My role as the commissioner is to ensure there is trust and confidence in the Northern Territory Police Force, the service it provides and its internal governance."
Despite these commitments, calls for increased accountability remain prevalent among government officials and citizens alike. The Chief Minister acknowledged the need for higher standards within public service roles, stating, "The unsatisfactory conduct detailed in the ICAC's public statement is disappointing and falls well short of the expectations the community places on the public service, especially senior executives within the public service."
