NT WorkSafe responds to ICAC investigation

NT WorkSafe has acknowledged recommendations made by the Office of the Independent Commissioner Against Corruption (NT) in relation to Operation Falcon — an investigation conducted into alleged misuse of statutory powers, conflicts of interest and failure to disclose secondary employment at the NT Worksafe electrical inspectors’ unit.

In a public statement released by the Office of the ICAC on 11 February, Acting Independent Commissioner Against Corruption Naomi Loudon said:

“No improper conduct findings were made but shortcomings were identified including a lack of adequate management and supervision of inspectors, a lack of training of the inspectors concerning statutory interpretation and the exercise of their regulatory functions and powers. The investigation also revealed there were instances of electrical safety inspectors engaging in electrical contracting work and/or maintaining an electrical contractor’s licence. An electrical inspector working for the NT WorkSafe while maintaining a commercial interest in the electrical industry presents an apparent and obvious conflict of interest.”

To address the risks identified, the Office of the ICAC made four recommendations:

“[1] NT WorkSafe revisit Recommendations 10 and 13 of the 2019 final Report ‘Best Practice Review of Workplace Health and Safety in the Northern Territory’ and advise how these recommendations were actioned and implemented, as well as any further steps taken, or proposed to be taken.

“[2] NT WorkSafe develop training specific to the discharge of powers conferred on authorised officers under the Electrical Safety Act, and this training be undertaken by all in the relevant unit.

“[3] NT WorkSafe review its suite of notices and templates issued under legislation (including but not limited to the Electrical Safety Act), to ensure compliance with statutory requirements.

“[4] NT WorkSafe develop and implement a policy relating to the disclosure of secondary employment to ensure any conflicts of interest are appropriately identified, disclosed and managed on an annual basis, or as required due to changes in circumstances. This should also include an annual audit to ensure compliance.”

In a separate statement on 12 February, NT WorkSafe said it will review the recommendations and take the appropriate action. The NT WorkSafe statement also said:

“NT WorkSafe conducted an internal investigation into industry allegations of misuse of statutory powers, conflicts of interest and the inappropriateness of Electrical Inspectors performing electrical contractor work whilst employed as Inspectors.

“NT WorkSafe’s investigation found one Electrical Inspector had performed electrical contractor work without written approval as required under the Code of Conduct for the Northern Territory Public Service. The matter was dealt with immediately.

“NT WorkSafe’s internal investigation findings did not corroborate the other allegations made by industry and we welcome the ICAC NT’s public statement that no improper conduct finding was made.

“As the Northern Territory’s regulatory agency for Work Health and Safety, and Electrical Safety, it is important that Territorians have trust in their regulator.”

The Office of the ICAC said in its 11 February statement that it will work with NT WorkSafe to monitor the implementation of the four recommendations “to ensure the risks of improper conduct that have been identified are appropriately addressed”.

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