The NSW Independent Commission Against Corruption will not pursue any action after finding there was no evidence to indicate a “reasonable likelihood of involving corrupt conduct” over the dealings between the New South Wales premier Chris Minns and the Australian Turf Club regarding the Rosehill proposal.
One of the findings of the Rosehill Select Committee was that its report, published on December 6, should be referred to ICAC given “the significant conflicting evidence regarding the proposal to develop Rosehill Racecourse, including unanswered questions surrounding the involvement of the Premier and concerns regarding direct dealings and conflicts of interest.”
Of the key ‘unanswered questions’ surrounded the relationship between Minns and Steve McMahon, the ATC’s head of corporate affairs and government relations.
McMahon and Minns served together on the Hurstville City Council and have acknowledged they have a long friendship.
McMahon met with the Premier and his chief of staff on October 30 last year to discuss the Rosehill proposal.
All parties at that meeting, listed as an ATC meet and greet in the Premier’s diary, said it was quickly decided that the proposal should be referred to The Cabinet Office as a matter of process and probity.
While the Select Committee felt there were unanswered questions, ICAC has quickly determined that there is no evidence for it to act.
It sent a letter to Committee chair Scott Farlow on Thursday, outlining its decision.
“The Commission’s Assessment Panel (comprising the three Commissioners and senior staff) considered the concerns identified in the Report and has unanimously determined that the information provided does not indicate a reasonable likelihood of involving corrupt conduct. The Commission will therefore not be pursuing the matter,” it read.
“That said, the Commission nevertheless thanks the Committee for its referral, as such referrals assist the ongoing work of the Commission.”
ICAC has also said that the author of an earlier referral has been advised that there will be no further action on what were described as “analogous allegations’.
The possible referral of Minns to ICAC created national headlines as the outcome of the Committee report was leaked two days before it was handed down.
However, there was no such specific language surrounding Minns and ICAC in the final report.
Farlow said in his introduction to the report that the matter of the leak will now be referred to the parliamentary Privileges Committee.
“It is disappointing that this legitimate step of the committee was disclosed to the media prior to the tabling of this report,” he said.
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The Minns government will need to provide a response the report in March, including to the recommendation that the Ministerial Diary Disclosure requirements be updated to mandate an “accurate description of attendees, purpose and any conflicts of interest and extend these requirements to Shadow Ministerial spokespeople.”
“The evidence before the committee raised concerns that the proper process had not been followed by the Government in the early stages of its dealings with the Australian Turf Club about the proposal,” the report said.
“The committee found that the Premier's diary disclosure of the 30 October 2023 meeting between Mr Steve McMahon, Head of Membership and Corporate Affairs, Australian Turf Club and the Premier Hon Chris Minns MP as a 'meet and greet' was inaccurate, misleading and did not adequately describe the purpose of this meeting.”
“It was inappropriate given the long-standing friendship of Mr McMahon and the Premier and the nature of the matter discussed at the meeting. Accordingly, the committee recommended that the Ministerial Diary Disclosure requirements be updated to mandate an accurate description of attendees, purpose and any conflicts of interest.”
The government is under no obligation to implement any of the recommendations on the Select Committee but must provide a formal response to the Select Committee Report by March 6.
Bren O’Brien
