Chief Minister Andrew Barr has been cleared of being involved in any corrupt conduct in relation to a highly controversial Dickson land swap between the government and a union-linked club.
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The ACT Integrity Commission also said previous criticisms of the transaction made by the Auditor-General and a Legislative Assembly committee were not justified, and there was no evidence of corruption.
But the commission has criticised the government for an inappropriate lack of documentation over parts of the complicated transaction.
The commission said there was no evidence to back up suggestions Mr Barr had attempted to influence the process in favour of the Tradies club.
"There was no evidence before the commission that he was involved or sought to be involved in the negotiations at any point, let alone that he sought to influence any material decisions except, at the outset, the decision to sell the land by open competitive process," the commission said.
Mr Barr said it was the second time corruption allegations about ACT ministers and public servants had been comprehensively debunked by the commission after referrals from the Canberra Liberals.
"The government acknowledges the special report from the Integrity Commission, and confirms that measures have been put in place to improve documentation for land transactions of this nature," Mr Barr said.
The commission released its 148-page report into Operation Raven at 5pm on Tuesday.
"The commission found that the land sale process itself was adequate and complied with all necessary legal requirements," the commission said.
"While there was an inappropriate lack of documentation surrounding some aspects of the transaction, there was sufficient material to enable the commission to confidently conclude that there was no reasonable suspicion of corrupt conduct on any person's behalf. There was also no basis for a reasonable suspicion of political interference in the transaction."
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In 2012, the ACT cabinet decided to sell a car park as a development site in Dickson, adjacent to the Tradies Club.
The government entered into a complex agreement with the club to sell the Dickson block for $3.18 million and then buy two parcels of land from the club for $3.595 million in Downer.
The government was to pay the $415,000 price difference to the Tradies once the Downer site transaction was settled.
The process has been criticised by the former ACT auditor-general and the Legislative Assembly's standing committee on public accounts.
The Integrity Commission found, however, that many of the criticisms made by the auditor-general and the standing committee were not justified and discontinued the investigation, which had been prompted by a corruption complaint from the public accounts standing committee.
The commission found there was no evidence of any kind that links between the CFMEU and ACT Labor played a role in the ACT government's decision to sell the Dickson car park block.
"Indeed, the evidence is all the other way. The implicit alternative, to have refused to sell because of Tradies' links with the CFMEU, would have been grossly improper," the commission's report said.
"For the present, it is sufficient to note that there is no evidence that indicates that any political consideration, let alone interference, was brought to bear in the process at any stage, whilst there is a deal of evidence that justifies the inference that the opposite was the case."
The commission said it was not appropriate for it to use its coercive powers to collect more information because it was "most unlikely" further inquiries would find additional useful information.
"As to the possibility that corrupt conduct was committed, that evidence not only does not give rise to any reasonable suspicion that it was but is inconsistent with any such conclusion. It may be that some relevant documents, as yet unidentified, remain to be collected, but this is speculative," the commission's report said.
The Dickson land swap timeline
November 2010: The ACT government requests a valuation from MM on Block 30, Section 34 at the Dickson shops. The valuation puts the car park block at $2.5 million at the time, on the basis of building a two-storey building, and the need to replace 134 car parks on the site.
December 2010: The MMJ valuation reveals the Tradies Club are negotiating the purchase of Block 30, Section 34 for a "substantial redevelopment and replacement of the club facilities".
2012: The ACT government puts out a wider call for expressions of interests to buy Block 30, Section 34.
March 6, 2014: Coles Group Property Developments proposes to redevelop Block 21, Section 30 and Block 13 Section 72 Dickson into a Coles and Aldi, with more than 500 car parks below and 150 apartments on top. The blocks are close to the Tradies and Block 30, Section 34.
2014: The Land Development Agency makes the complicated land deal with the Dickson Tradies to trade Block 30, Section 34 for three parcels of land - Block 30 Section 34, Block 6 Section 72 and Block 25 Section 72, Dickson. The Tradies will pay $3.18 million to develop the site, excluding GST, once the Coles development is finished to ensure there is still car parking in the area.
The government retains control of the car park on Block 30, Section 34 and its revenue, with the Tradies unable to build there for five years. Meanwhile the government pays the Tradies $3.55 million plus GST for the CFMEU block and $45,000 plus GST for the former Downer Club site at section 72.
May 21, 2015: Coles' proposal to redevelop Block 21, Section 30 and Block 13 Section 72 Dickson into a Coles and Aldi is rejected by ACT Planning, holding up plans for the Tradies sites.
June 30, 2016: Coles' revised plan for Block 21, Section 30 and Block 13 Section 72 Dickson is approved.
July 29, 2016: North Canberra residents file an appeal in ACAT against the approval of Coles' proposal to redevelop Block 21, Section 30 and Block 13 Section 72 Dickson. That appeal is ongoing.
September 26, 2016: Details of the deal are aired for the first time in The Canberra Times. Then CFMEU ACT secretary Dean Hall described the deal as a "win-win".
March 30, 2017: The Greens and Liberals combine to force ACT Planning Minister Mick Gentleman to table documents on the land swap.
September 7 2017: ACT Auditor-General Maxine Cooper announces she is investigating the land swap deal.
October 23 2017: ACT government announces plans to build second Common Ground low-cost housing development on Dickson Section 72.
November 2 2017: ACT Chief Minister Andrew Barr survives a no-confidence motion orchestrated by the Canberra Liberals, over alleged corruption in the Dickson land swap deal and others.
November 21 2017: It's revealed the CFMEU received $3.8 million from the Tradies Club in the months after the territory government paid the club $3.9 million as part of the land swap.
February 16, 2018: CFMEU ACT secretary Dean Hall quits after eight years at the helm. His retirement takes effect in April. It's understood he has accepted a role within the Tradies Group.
February 22, 2018: The Auditor-General releases her report into the Dickson land swap, finding the deal did not represent value for money for the ACT.
July 2019: Planning Minister Mick Gentleman approves a new development proposal from Coles at Dickson, using call-in powers and ignoring advice from the City Renewal Authority.
May 21, 2020: The Liberal members of the Legislative Assembly's public accounts committee recommends the ACT Integrity Commission investigate the land swap deal. The committee's inquiry had been prompted by the Auditor-General's findings.
2020: Construction begins on the Common Ground low-cost housing project at Dickson, one of the sites the ACT government acquired from the Tradies.
July 2021: Construction begins on the Coles development at Dickson.
August 23, 2022: The ACT Integrity Commission finds no reasonable suspicion of corruption on the part of ACT government officials or Chief Minister Andrew Barr as part of the land swap process.
Jasper Lindell
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
Jasper Lindell joined The Canberra Times in 2018. He is a Legislative Assembly reporter, covering ACT politics and government. He also writes about development, transport, heritage, local history, literature and the arts, as well as contributing to the Times' Panorama magazine. He was previously a Sunday Canberra Times reporter.
