Independent Thomas Emerson made the claims under parliamentary privilege. Photo: Michelle Kroll.
Canberra Institute of Technology has categorically denied allegations that unqualified students were allowed to work on hired electric vehicles without the companies’ knowledge.
The allegations were made by Independent MLA Thomas Emerson under parliamentary privilege in the Legislative Assembly on Wednesday afternoon (27 May) as part of a motion on whistleblower protections.
Mr Emerson also sought leave for the publication of the Public Interest Disclosure made by a CIT employee, but this was denied, with a blindsided Chief Minister Andrew Barr lamenting that Mr Emerson may have jeopardised an ongoing investigation.
Mr Emerson said the PID alleged that CIT’s Electric Vehicle Centre of Excellence had been training unqualified students using private hire cars from companies such as Hertz, “pulling elements apart and putting them back together without telling the hire car companies”.
He added that CIT management had approved the practice, which posed “significant risk of injury or death to staff, students and the general public”.
Mr Emerson said this had happened last year in the ACT and interstate, where CIT had been delivering courses.
He said the whistleblower sent the PID to CIT CEO Dr Margot McNeill in January, but it had not been acted on.
“The unsafe activities continued, there was no effective investigation or enforcement action, no known referral to the Integrity Commission, no acknowledgement that the whistleblower’s disclosure had even been formally recognised as a public interest disclosure as required by law,” Mr Emerson told the Assembly.
“Nothing happened, despite their disclosure referring to fraudulent procurement, maladministration of public funds, governance failures, and non-compliance with workplace safety and training obligations.”
CIT CEO Dr Margot McNeill says the allegations are offensive. Photo: Ian Bushnell.
But a CIT spokesperson rejected the allegations, saying the organisation was in the final stages of an investigation launched after the anonymous email was received on 9 January.
The office of the CEO acknowledged the email, which did not appear to be a PID, and an investigation started on 13 January, under the CIT Students and Community Members Complaints Policy.
“Individuals involved in the matter were contacted in the process of investigating the matter,” the spokesperson said.
“An additional two follow-ups were sent to the complainant seeking additional information to assist with the investigation into the concerns raised.”
These happened on 20 and 27 February but the complainant did not respond.
The spokesperson said the EV Centre of Excellence training in question was an upskilling course with rigorous pre-course screening and available only to professionals currently in the industry with existing qualifications.
The spokesperson said a hire car was used to transport staff between campuses and to serve as a demonstration vehicle during a workshop.
“The hire car was utilised for simple demonstration purposes, including pointing out some safety features,” the spokesperson said.
“No servicing activities were undertaken, nor were any elements of the car removed. No activities were undertaken where the public or participants were at risk.”
Chief Minister Andrew Barr was blindsided. Photo: Michelle Kroll.
Dr McNeill told ABC radio that she took PIDs seriously, but the allegations were factually incorrect and offensive to staff.
“I’m very respectful of whistleblowers, and I really respect all of the aspects of these when people raise issues,” she said.
“They’re entitled to raise issues, but we have to go through due process to make sure that the facts are being checked, and that was part of the problem yesterday.”
Dr McNeill said the investigation so far had shown that no hire vehicle had been taken apart by students.
“There’s no way that vehicles were being taken apart because that’s just against all of our risk profile,” she said.
The CIT PID was one of two tabled by Mr Emerson, with the other being from Brendan Moyle, the former head of the ACT Office of Aboriginal and Torres Strait Islander Affairs.
Mr Emerson said it alleged multiple breaches of legislation, systemic racism and discrimination in the ACT Public Service, and the ACT Government’s failure to deliver on its commitments to First Nations people.
Mr Barr told the Assembly that he would need to first seek legal advice on whether the PIDs could be published.
“I realise and recognise there is an important role for members in this place to raise issues of this kind, but I think the worst possible outcome would be that publishing this, putting it out in the public arena, undermines the very work that is being undertaken by the integrity agencies,” he said.
“I certainly don’t want to be party to that by just waving it through without thinking about it and getting some advice.”
Mr Barr said he did not want this to undermine the investigations and work of the relevant integrity agencies on these specific matters.
“I think the Assembly would be wise to make a considered decision here, not one on the run with no notice.”
While the Assembly carried Mr Emerson’s initial whistleblower motion, Opposition Leader Mark Parton successfully moved to adjourn debate on whether to publish the documents.
