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The Guardian - AU
The Guardian - AU
National
Tamsin Rose

Icac’s handling of investigation into Gladys Berejiklian to be probed by watchdog

Former NSW Premier Gladys Berejiklian
The length of the investigation of former NSW premier Gladys Berejiklian will be examined by the inspector of the Independent Commission Against Corruption (Icac). Photograph: Mick Tsikas/AAP

The New South Wales corruption watchdog’s handling of the investigation into former state premier Gladys Berejiklian, including the length of the probe and the public way it was handed down, will be the focus of an investigation by its inspector.

The scope of the probe by the inspector of the Independent Commission Against Corruption (Icac), Gail Furness SC, was outlined on Monday, after its existence was revealed in the Guardian in late June.

Former state treasurer Matt Kean had written to Furness in June to request the investigation, after complaining about his former boss’s treatment by the watchdog. The Icac found Berejiklian engaged in serious corrupt conduct, but she has maintained she served the public interest “at all times” while in office.

In response, Furness said she would investigate whether the delays by the Icac amounted to “maladministration”, and probe the effectiveness and appropriateness of the way the commission acted, and the presence of the media at the furnishing of the report.

The office of the inspector confirmed the scope of the investigation in a statement on Monday night

“The Inspector intends to make a special report to Parliament at the conclusion of her investigation, which she will recommend be made public,” a spokesperson said.

Furness gave no indication of when that report would be completed.

The Icac investigation into the former premier spanned from September 2021 until June 2023.

Despite the findings against Berejiklian, the body did not recommend charges be laid against the former premier.

Kean wrote to Furness to request she consider investigating the body over the prolonged nature of the probe and the decision to allow media to be in the room when the final report was handed to the parliament’s presiding officers in June.

He welcomed the confirmation of the scope and “especially the recommendation that the outcome of such a serious investigation be made public”.

“Many in my community shared my belief that the corruption watchdog had turned the investigation into the former premier and the release of their findings into an undignified circus,” he said.

“Now we’ll find out if they’ve also crossed a legal line.

“This investigation will make clear if the Icac has engaged in serious maladministration, inappropriate activity and serious impropriety, but the damage to Gladys has already been done.”

In June, a spokesperson for the inspector, which fields complaints about Icac and oversees its conduct, said the office was preparing to investigate the widely criticised delays.

“The inspector is currently determining the scope of an investigation around the delay in the furnishing of the Operation Keppel report to parliament,” a spokesperson said.

“The inspector intends to make a special report to parliament at the conclusion of her investigation, which she will recommend be made public.”

The Icac declined to comment on Monday evening.

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