The Northern Territory's ICAC inspector is reviewing claims that the watchdog secretly recorded a private conversation with a former opposition leader. 

At the time of the recording in 2020, Gary Higgins was leader of the Country Liberal Party and was not under investigation. He had been asked to help the Independent Commissioner Against Corruption by providing background information relating to a case.

Current commissioner Michael Riches has described the recording as “inappropriate”. It has now been referred to the Northern Territory's independent ICAC inspector, Bruce McClintock, to investigate. 

The ICAC was run by former commissioner Ken Fleming, QC, at the time. Mr Riches says “conduct of that kind will not happen while I am the commissioner”.

Mr Higgins says he was invited to a meeting with ICAC staff under the pretence of an informal, background discussion. 

The inspector, Mr McClintock, is a high-profile barrister who is also the anti-corruption inspector for New South Wales. He says Mr Riches referred the matter to him “as soon as he became aware of it”.

“Whatever the legalities of it are - whether it's legal or illegal - he has taken steps to ensure that it will not occur again,” Mr McClintock said this week.  

“I'm confident that it will not happen under Commissioner Riches and, if it did happen, I would intervene.”

The law in the Northern Territory allows ICAC officers to secretly monitor or record a private conversation they are not a part of, as long as the recording relates to their duties, at least one party has consented and the officer reasonably believes it is to protect someone's safety. 

NT Opposition Leader Lia Finocchiaro has called for a parliamentary review of the ICAC Act, “to help restore community confidence in the institution”.

Northern Territory Chief Minister Michael Gunner says the inspector's investigation is enough.

“The ICAC and Inspector are independent and have the ability to investigate a wide range of matters,” a Northern Territory government spokesperson said.