Quigley broke caretaker rules: Fletcher

Liberal MP for Bradfield and former Optus executive Paul Fletcher has asked the Federal Government to explain whether it believes a speech made by NBN Co CEO Mike Quigley during the election contravened the caretaker convention rules.

(Credit: Paul Fletcher)

In a letter provided to ZDNet Australia (PDF) and addressed to Communications Minister Stephen Conroy and Finance Minister Penny Wong, Fletcher quoted the following sections of the Guidance on Caretaker Conventions document (PDF) that sets down how government officials, including executives of government companies like NBN Co, should behave while the election is underway:

6.4.2 Officials should therefore not use agency resources or their positions to support particular issues or parties during the election campaign.

6.4.3 Officials need to exercise judgement if they are scheduled to speak at public functions during the caretaker period. In the case of controversial issues, officials should decline invitations to speak.

In the Charles Todd address Quigley delivered on 18 August, just three days out from election day, he responded to claims from the Opposition that the $43 billion National Broadband Network project was a "white elephant".

"Far from being a 'white elephant', the NBN can provide an acceptable return for the government," he said. "Taxpayers will get their $27 billion investment back with interest and they will get a network they can use for decades. This is, I believe, a much better option for the Australian public than giving billions of dollars of taxpayer funding to subsidise commercial companies to marginally improve today's broadband networks."

Fletcher said that Quigley's address was "unquestionably partisan" and "in clear breach of the letter, as well as the spirit of, the Guidance on Caretaker Provisions document".

Fletcher questioned the ministers as to whether the government sought advice on the likelihood that Quigley's speech would breach the conventions and questioned what the ramifications would be if the government had believed that Quigley had breached the guidelines.

"In the circumstances, do you consider the conduct of Mr Quigley, as the CEO of a government company, appropriate in the context of the Caretaker Provisions?

"If yes, I would appreciate elaboration of your justification. If no, what actions or sanctions have you or the government taken — or will you or the government take — against Mr Quigley?" Fletcher asked.

NBN Co has denied any wrongdoing on Quigley's part in giving the speech.

"Mike Quigley's Charles Todd address was a long-standing commitment that fell during the election. Mike took the same approach to explaining the rationale behind the NBN, and how NBN Co is meeting the objectives we have been given, that he has taken on many occasions," NBN Co told ZDNet Australia in a statement.

"NBN Co did not make any commitments during the caretaker period that would bind an incoming government, which is the key purpose of the convention."