The Commission of Inquiry has delivered a scathing assessment of the Judicial Services Commission (JSC), concluding it “failed to exercise due diligence” in appointing Barbara Malimali as FICAC commissioner.
The report found “the JSC did not properly consider whether Ms Malimali was a fit and proper person to be appointed,” and failed to investigate whether she was under investigation by FICAC at the time of appointment.
Despite Ms Malimali facing an active investigation, “the JSC did not make any inquiry with FICAC as to the status or nature of the investigation”.
The commission further noted that the JSC was “heavily reliant” on the Attorney-General and did not act independently as required by law.
“There is no evidence that the JSC had a robust discussion or deliberation on the suitability of Ms Malimali beyond the interview panel.”
The commission called for legislative reform to “clearly demarcate the roles of the JSC, the AG, and FICAC,” and to “enhance the transparency and accountability of appointments to constitutional offices”.
