An independent reviewer will be appointed to examine whether a senior ACT ministerial staffer's actions were "inconsistent with his duty" on the sidelines of corrupt interference in a tender process.
Integrity Commissioner Michael Adams made no findings against David Ferguson in the Operation Kingfisher report, but referred the issue of Mr Ferguson's actions to the government.
Operation Kingfisher made separate findings of serious corrupt conduct against a public service head and another top ministerial staffer that prompted Yvette Berry to resign from cabinet.
Chief Minister Andrew Barr this week confirmed an independent reviewer would be appointed to consider the behaviour of Mr Ferguson, who is now Treasurer Chris Steel's chief of staff.
Mr Adams' report included an "additional note" on Mr Ferguson, against whom no corruption findings were made and who was involved in exchanges with Joshua Ceramidas, the former chief of staff to Ms Berry, the then education minister.
Mr Ceramidas was found to have engaged in serious corrupt conduct in influencing a 2020 procurement decision for the Campbell primary school expansion project that handed the work to a more-expensive but union-preferred company.
The Operation Kingfisher report published a string of at-times profane text messages Mr Ceramidas sent Mr Ferguson in February 2020 that indicated, the report said, "strong support for the CFMEU's position and the intention to help it succeed".
Asked whether the exchange reflected a cultural issue, Mr Barr on Monday said its content was appalling. "I don't believe it is a cultural issue that extends across the executive and nor do I believe it's a pattern of behaviour that continued beyond a particular individual. And I think it's important to note this reflects matters from six years ago," he said.
Mr Adams' report said Mr Ferguson should have managed the conflicts of his role as a ministerial staffer and someone with links to the Construction, Forestry and Maritime Union by raising the probity issues presented by Mr Ceramidas to his boss, then procurement minister Suzanne Orr, and Ms Berry. Mr Ferguson was not a member of the union at the time; he was a member between 2022 and 2024.
"It may have been that a one-off aside by Mr Ceramidas to Mr Ferguson which the latter regarded as mere big-noting or bravado did not require admonition or reporting but Mr Ceramidas' messages were not one-off and reflected a campaign that he was or wished to undertake together with the CFMEU," Mr Adams wrote.
The fact Mr Ferguson did not attempt to counter or otherwise deal with the risk presented by Mr Ceramidas' messages with him "could be regarded as inconsistent with his duty".
Mr Ferguson had told the commission he had counselled Mr Ceramidas appropriately but Mr Adams thought the cited response showed a "significant shortcoming".
The Integrity Commissioner said it was not appropriate for him to make any findings of impropriety because "it may be that what appears to an outsider as inappropriate or not in accordance with the code of conduct may not reflect actual standards and practices".
In February, Mr Ferguson dropped a lawsuit against the Integrity Commission over the watchdog's plans to access 1.4 million documents downloaded from his mobile phone, which his defence lawyer had earlier described as "an unrestrained fishing expedition".
On Thursday, Ms Orr refused to answer questions about Mr Ferguson's actions while he was her chief of staff, pointing to the independent process established to consider his actions and the findings of the Integrity Commission.
"Any commentary I provide could prejudice those processes. That is why I will not be providing commentary," Ms Orr said.
The Liberals' Chiaka Barry, who is chairing the estimates committee, repeatedly pushed for answers from Ms Orr, prompting a rebuke from deputy chief minister Rachel Stephen-Smith.
"Surely you do understand that there is a public interest to understand what you knew about your chief of staff's involvement in a report that has clearly indicated corruption. The least the public expects is that you answer these questions truthfully and honestly," Ms Barry had told Ms Orr.
Ms Barry asked whether Ms Orr took any responsibility for Mr Ferguson's conduct under the ministerial code of conduct.
"There is no finding from those at this point in time, and I will respect the due process and the due regard that people have within their employment arrangements, and not prejudice those processes by making comments now," Ms Orr said.
Mr Adams has also referred his Operation Kingfisher report to police and to the Director of Public Prosecutions.
