A claim that the lobbying firm Synergy 360 proposed a structure to allow the former Coalition minister Stuart Robert to benefit from government contracts has been referred to the prime minister’s department, which administers the ministerial code of conduct.
Guardian Australia can reveal the referral by Services Australia is one of several avenues of further investigation being pursued after the release by parliament’s audit committee of a signed statement from Anthony Daly, the former personal and business partner of Synergy 360’s former executive director Kham Xaysavanh.
These include checks on whether Services Australia leased properties from the companies of John Margerison, an associate of Robert, and a referral to the finance department, which administers leases across government.
Services Australia is still considering whether to make a referral to the National Anti-Corruption Commission, which formally began operations on Saturday.
In the statement, Daly alleged that a Synergy 360 co-owner, David Milo, proposed a share transfer “designed to facilitate the flow of funds through United Marketing and onward to Stuart Robert”.
Daly claimed that in 2018 Milo told him that Robert, then minister for human services, had directed Centrelink leases “towards properties owned by one of Margerison’s companies, resulting in favourable terms such as high rents and long lease durations”. Daly makes no allegation that Robert was ever paid by Synergy 360 and Guardian Australia makes no such suggestion.
Robert rejected the allegations “in the strongest possible terms”, saying there was “zero evidence” in Daly’s statement to the audit committee.
On Wednesday the government services minister, Bill Shorten, revealed he had asked Services Australia to “advise what the next appropriate avenues are” to investigate the “serious allegations”.
Shorten said he had asked for further information about Centrelink leases, including the lease “of a critical building which could be what is referred to” that is coming up for expiry, at Tuggerah.
Guardian Australia can reveal Services Australia has engaged lawyers to undertake work in relation to the renewal of the Tuggerah lease to add a clause to allow early cancellation if probity concerns are proven.
Services Australia has also written to the Attorney General’s Department in relation to the lobbying code of conduct to consider why Synergy 360 did not register as a lobbyist.
Milo told the audit committee in April he is “not on the lobbyist register because I’m not a lobbyist”. He added that: “Synergy 360 is not a lobbying company.
“We are covered clearly by the exemption of professional services firms.”
On Wednesday Robert told Guardian Australia: “I reject completely all of [Daly’s] allegations in the strongest possible terms and I note that he had only made them under privilege where he is immune from legal consequence.
“I note he has provided zero evidence, simply made wild allegations under privilege. [It is] extraordinary that a committee would release as such with zero evidence.
“I note that every contract has been investigated fully by the Watt review [into procurement at Services Australia and the NDIA] and no misconduct was found.
“I reiterate what I have said numerous times. At no time have I ever been paid for any advice or guidance in any form. At no time did I lobby to assist any firm in such a manner. I also reiterate that Mr Margerison and Milo have both said publicly that no payments were ever made, nor sought in any form.
“Mr Daly’s submission with zero evidence and wild accusations is rejected in its entirety, simply not believable and is outrageous.”
The Greens have said they plan to refer the Synergy 360 matter to the Nacc, citing the Watt review’s findings of significant concerns about conflicts of interest, poor value for money and inadequate record keeping.
On Monday the environment minister, Tanya Plibersek, said the “brilliant thing” about the Nacc was it didn’t need referrals from the government to begin investigations.
“They read the papers, they can see that there’s been a lot of accusations made about what is a very serious issue,” she said. “They can decide off their own bat to investigate Stuart Robert, or anyone else.”
The shadow veterans affairs minister, Barnaby Joyce, accused the Greens of “weaponising” referrals, warning that if the Robert case “doesn’t quite stack up the way you thought, then it reflects very badly on the government”.
