Shane Rattenbury says advice is being sought about conflict of interest allegation

A member of the public, who has commenced legal action against the government, said the commissioner, Derise Cubin, had attended a mediation meeting where her partner was a respondent, a parliamentary inquiry heard.

Ms Cubin's partner is David Snowden, the former ACT fair trading commissioner.

The allegations were raised in an annual report hearing on Tuesday by shadow attorney-general Peter Cain, who originally asked Mr Rattenbury to confirm whether Ms Cubin and Mr Snowden were married.

Mr Rattenbury was reluctant to answer the question until Mr Cain specified his line of questioning.

"I actually don't know their marital status. I know that they do know each other," Mr Rattenbury said.

"Perhaps you can think about the question you actually want to pose because I think asking about the marital status of a public servant sans context ... I think anybody in this place would be concerned by the line of questioning."

Mr Cain then proceeded to ask whether Ms Cubin had attended a mediation meeting in relation to a matter on July 6, 2021 involving Mr Snowden, along with the ACT government solicitor.

Mr Rattenbury said he was seeking advice on the matter.

"What I can tell the committee is that a member of the public who was involved in legal action against the government has written to me raising concerns about matters in the ACT public service where there is considered to be a conflict of interest," he said.

"I considered this to be a very serious allegation and I am carefully working my way through that.

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"I have sought advice from the agency to ensure this matter has been appropriately dealt with.

"I wish to be transparent with the community but I also wish to be respectful of people's personal lives and I also wish to be mindful of the legal matters that are being prosecuted against the government."

Mr Cain said that Ms Cubin had declared a conflict of interest on November 26, 2021.

The commissioner, who attended the hearing, said she could not answer questions on the matter at present.

"The question you ask is difficult for me to respond to at the moment on the basis of some other factors," Ms Cubin said.

"So I am not able to say anything at the moment or take it on notice."

Following the hearing, Mr Cain released a statement saying the situation was extremely concerning and called on the government and Mr Rattenbury to ensure the matter is dealt with appropriately.

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