ACT Integrity Commission Finds Serious Corruption in School Tender Award

A years' long ACT Integrity Commission investigation has made serious corruption findings against territory government officials.

The investigation surrounded the awarding of a multi-million-dollar tender for the refurbishment of Campbell Primary School between 2019 and 2020.

Former ACT Education Directorate director-general Katy Haire awarded the contract to Lendlease, despite a bid by local firm Manteena being deemed better and cheaper.

In public hearings, which began in 2023, a directorate official — assigned the pseudonym "John Green" — told the commission the Construction Forestry and Maritime Employees Union (CFMEU) didn't like the company because it didn't have a union agreement.

The commission heard Mr Green was told by Ms Haire that ACT Education Minister Yvette Berry's then-chief of staff, Joshua Ceramidas, had said Manteena was not to get the Campbell procurement.

The commission was critical of Mr Green's conduct, including dishonest evidence that he gave to the auditor-general, but found he should be "regarded as a whistleblower" and his conduct did not amount to serious corrupt conduct.

'Calculated attempt to cover up'

The commission found Mr Ceramidas and Ms Haire "dishonestly provided a back door" by which the strategic interests of the CFMEU were given priority.

"So far as Ms Haire and Mr Ceramidas is each concerned, there can be no doubt that the corrupt conduct which they have been found to have committed was of a character that would be likely to threaten public confidence in the integrity of government or public administration," the report said.

"They dishonestly provided a back door by which the strategic interests of the CFMEU were given priority over, firstly, the actual policy of the government and the interests of the territory community.

"Not only was the process itself improperly skewed, resulting in manifest unfairness and also, as it happened, substantially increased cost, but both Ms Haire and Mr Ceramidas undertook a calculated attempt to cover up the truth of what occurred.

"Accordingly, the corrupt conduct of each amounted to serious corrupt conduct."

In a statement, Mr Ceramidas rejected the commission's findings and alleged the published report differed from what was originally made available to him.

"I reject the findings made by the commission and regard its conduct throughout the investigation as requiring external scrutiny," the statement read.

"The commission declined to provide me with any information about any amendments made in response to my comments on the proposed report before its release to the media.

"I am reviewing the report and not in a position to comment further."

The ABC has sought comment from Ms Haire.

During the public hearings, Ms Berry had told the commission she was aware the CFMEU "were unhappy with Manteena" but denied being aware of the specifics or having told her staff the company shouldn't get the contract.

The union's then national and local secretary, Zach Smith, also denied having raised Manteena's tender for the school with Ms Berry or her former chief of staff.

The report made no findings on Ms Berry's conduct.

The commission's investigation also sparked several court proceedings.

In May 2024, Ms Haire went to the Supreme Court alleging an apprehension of bias, saying the ACT Integrity Commission's head Michael Adams had refused to allow the cross-examination of Mr Green.

And, in July 2024, Mr Cerimidas unsuccessfully sought an injunction on the commission's intention to hold public hearings.

Calls for Berry's resignation

Canberra Liberals leader Mark Parton said if he was chief minister, he would strip Ms Berry of the education portfolio.

"If indeed the minister was not aware about decisions that were being made by her chief of staff and the director-general, well I think that says a lot about how the minister runs her portfolios."

He described the ACT government as a "crisis" and said such incidents had contextualised the now-abandoned prospective coalition of the Canberra Liberals and ACT Greens.

"What we're seeing here is that if you have the same government in power for 26 years, you're going to get this sort of outcome.

ACT Greens Leader Jo Clay has also called on Ms Berry to "do the right thing and resign", citing the ACT Ministerial Code of Conduct.

"Ministers are accountable for their own behaviour and the decisions and actions of their staff," Ms Clay said.

Ms Berry's office is expected to issue a statement later today.