A report from an ACT Legislative Assembly committee has recommended that the CEO of the Canberra Institute of Technology (CIT), Margot McNeill, be investigated by the Public Sector Standards Commissioner. This recommendation arises from concerns regarding her conduct during an inquiry into her recruitment.
The committee sought to determine if Dr. McNeill provided false or misleading statements during a previous inquiry. However, the report indicated that the committee could not reach any definitive conclusions, attributing this to Dr. McNeill’s lack of cooperation and her excessively legalistic demeanor.
Dr. McNeill’s appointment as chief executive faced scrutiny earlier this year when the ACT Integrity Commission revealed that she had not disclosed an investigation related to misconduct from her previous position at TAFE NSW. This prompted an investigation by the assembly into her hiring process, during which Dr. McNeill claimed she was instructed by her former employer not to disclose details regarding the misconduct inquiry.
In May, TAFE NSW issued a statement contradicting Dr. McNeill’s testimony, asserting that she was never prohibited from discussing the investigation. This contradiction led to a further inquiry by the assembly committee to assess whether Dr. McNeill had committed contempt by providing misleading evidence and not supplying requested documents.
The committee encountered difficulties in obtaining answers, as Dr. McNeill cited legal professional privilege when asked for any legal advice she utilized concerning her disclosure to the CIT Board. Meanwhile, TAFE NSW, citing ongoing legal proceedings, declined to share information that could validate or contest Dr. McNeill’s claims.
The committee had to mandate Dr. McNeill to present any legal advice related to the TAFE NSW investigation, a rare move as committees typically favor voluntary cooperation from witnesses. Although Dr. McNeill submitted some documents, she relied on a letter from her attorneys claiming other materials were protected by legal privilege, while asserting there were no additional relevant documents available.
The committee criticized her stance as “confusing at best and deliberately obstructive at worst,” suggesting that her claims of legal privilege over seemingly nonexistent documents could be perceived as an attempt to mislead the inquiry. The report also rejected arguments from Dr. McNeill’s legal representatives that her claim of legal privilege justified noncompliance with the committee’s orders.
Furthermore, the committee condemned Dr. McNeill’s overly legalistic approach to the initial inquiry, noting that her attempts to intimidate the committee regarding its powers were neither constructive nor welcome. The committee emphasized its reluctance to engage in a “tit for tat” exchange with Dr. McNeill’s legal team.
The committee expressed concerns that Dr. McNeill’s behavior might undermine the integrity and reputation of the ACT public service. It recommended that the Public Sector Standards Commissioner investigate whether her actions contradicted the Public Sector Management Act and the Public Sector Code of Conduct.
Former Commonwealth department secretary Andrew Metcalfe, appointed as the Public Sector Standards Commissioner in October, will oversee this investigation. Currently, Dr. McNeill is on leave from her position at CIT.
Independent MLA Thomas Emerson stated that the findings of the report intensified his concerns regarding Dr. McNeill’s continued role as CEO. He remarked that she has had numerous opportunities to clarify her position, yet her actions have obstructed the committee’s work. Emerson underscored the importance of due process, the proper allocation of public funds, and the integrity of public institutions.
CIT has been approached for comments regarding the report. Additionally, Dr. McNeill is currently involved in ongoing legal proceedings against TAFE NSW in the NSW Supreme Court.
