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John Barilaro inquiry as it happened: Former deputy premier’s chief of staff Siobhan Hamblin appears as investigation continues

Natassia Chrysanthos
Updated ,first published

The day in review

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Thanks for joining us on another day of hearings into former deputy premier John Barilaro’s controversial appointment to a plum New York trade role.

On the fifth day of the upper house inquiry we heard from the following witnesses:

Barilaro’s former chief of staff Siobhan Hamblin: Hamblin said Barilaro never raised a personal interest in the trade roles but first asked her about the appointment process, and whether it could be changed, in June last year. She also said she urged the former deputy premier not to resign amid the COVID crisis last October, but he proceeded to step down days after then-Premier Gladys Berejiklian. She could not explain why he was seeking an urgent cabinet minute around changing the trade appointments.

Investment NSW managing director Kylie Bell: Bell told Barilaro he got the job via text on May 23. She felt the recruitment firm held “a bit of unconscious bias” against him in the recruitment process and said he would have been able to “get things happening” in New York. While Bell received a glowing reference for the other candidate, Kimberley Cole, she said Cole did not have enough experience in the US market or in NSW and was not best-suited for the New York role.

Public Service Commissioner Kathrina Lo: Lo said both herself and independent panel member Warwick Smith would not have endorsed the final panel selection report that endorsed John Barilaro if they knew the information they knew now. Lo said she was concerned by “the degree of ministerial involvement, including input into shortlisting and provision of an informal reference” as well as the treatment of the third-ranked candidate. She said she felt she may have been used as political cover by the hiring firm or department secretary Amy Brown.

Public service commissioner says it’s ‘hard to comment’ on whether Barilaro got role on merit

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In the final slot of questioning for the day, public service commissioner Kathrina Lo has told the inquiry it’s “hard to comment” on whether John Barilaro was appointed to the $500,000-a-year New York trade posting on merit.

However, she agreed he was a capable candidate.

Government MP Wes Fang put these questions about Barilaro’s candidacy to her just before the inquiry wrapped up for the day.

Government: Do you believe that John Barilaro earned that role on merit?

Lo: That is very hard for me to comment on now because I now am aware of things I wasn’t aware of at the time. And I think if I was aware of those things at the time, there may have been a different conversation among the panel members. That’s just the position I’m in now.

Public service commissioner ‘concerned’ she was being used as political cover

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The state’s public service commissioner Kathrina Lo has told the inquiry she was concerned she may have been used as political cover in the recruitment process.

In her opening statement, she said: “As Public Service Commissioner, I should not be viewed as cover for a recruitment process or as a way for other panel members or the hiring agency to avoid accountability.”

Labor: What do you mean by that?

Lo: I’m a participant on the panel. I don’t have elevated status compared to any other panel member because of my job title. My view does not carry more weight.

Labor: You’re not a green light?

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‘I think that there was an issue around disclosure here,’ Lo tells inquiry

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Kathrina Lo has agreed with Investment NSW bureaucrats that the assessment in the first draft selection panel report - which placed Kimberley Cole above John Barilaro - was not accurate.

But she has identified issues around the treatment of a third-ranked candidate and the use of informal references.

“Now that I’ve had the opportunity to have a very brief look at that first draft, it was not accurate in terms of ratings and rankings,” Lo said.

“I think at the conclusion of our deliberations, we thought that we’re not going to try and rank them at that point in time, that we will just ask [the recruitment firm] to get references for the top two candidates.”

She said it was not uncommon for the hiring panel chair - in this case Amy Brown - to go back to a recruitment firm and seek to have an assessment corrected.

‘I’ve learned a hard lesson’: Lo says she deeply regrets not asking for report

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Public Service Commissioner Kathrina Lo, who was on the selection panel that appointed John Barilaro, says she did not know that an early draft panel report was changed to downgrade Kimberley Cole’s assessment and enhance Barilaro’s.

“That is what I only recently learned,” Lo has told the inquiry.

She also told the inquiry she had serious concerns about the treatment of the third-ranked candidate, who had already been interviewed in an earlier recruitment round. The original interview assessment for that candidate was substantially downgraded, unbeknownst to Lo.

“I had trusted that the first assessment would be carried over, and with the benefit of hindsight, I should have asked to see the first panel’s report. I deeply regret not doing so and I’ve learned a hard lesson.”

Public Sector Commissioner Kathrina Lo (centre) gives evidence.Kate Geraghty

Had I known what I know now, I would not have endorsed the report: public service commissioner

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Public service commissioner Kathrina Lo says she would not have signed off on John Barilaro’s appointment if she knew the evidence she knows now, including that then-Minister Stuart Ayres gave input into the shortlisting process.

In her opening remarks to the inquiry, Lo said she was not aware the process had included a degree of ministerial involvement, “including input into shortlisting and provision of an informal reference”.

If she knew that, Lo said neither she or the other independent panel member, Warwick Smith, would have signed off on the panel selection report that preferenced John Barilaro on June 15.

This was her statement:

I’m a long serving public servant, who has worked with both Coalition and Labor governments.

I’ve always remained apolitical, acted without fear or favour as Public Service Commissioner. I’m an independent statutory officer, and I take that independence very seriously.

While I report to the premier, I’m not subject to the control and direction of the premier, or indeed any other minister.

It’s common for me to be involved in recruitment for senior roles in the sector. From time to time, former politicians, including former ministers, apply for roles in the sector. There’s nothing to preclude them from doing so. Under the ministerial code of conduct, if they do so, they must abide by the process and be treated impartially.

I can state unequivocally that I approached the task of merit assessment with impartiality and objectivity. No pressure was placed on me personally, to achieve a particular outcome. If it had been, I certainly would have resisted it.

In undertaking a merit assessment, it’s not appropriate for a panel to take into account whether the appointment of a particular candidate would potentially be controversial, or unpopular. These are not relevant considerations in a merit assessment.

Instead a panel must focus on whether the qualifications, skills, and experience of the candidate means they have the capabilities to do the job.

I have recently become aware, including through evidence given at hearings of this inquiry and through media reports, of various matters relating to this recruitment process.

This includes the degree of ministerial involvement, including input into shortlisting and provision of an informal reference. I was not aware that informal references were sought for any candidate, nor was I aware that the minister met with Ms Kimberley Cole.

I’ve also recently become aware that the treatment of the third-ranked candidate in the report did not accord with what I believed would occur.

Had I known on 15 June, what I know now, I would not have endorsed the report.

The other independent panel member, the Honourable Warwick Smith AO, who has not been called as a witness before this inquiry, would like me to put on the record that had he known then what he knows now, he also would not have endorsed the report.

In particular, he did not know the minister met with Ms Cole, and he’s concerned about the treatment of the third-ranked candidate.

As Public Service Commissioner, I should not be viewed as cover for a recruitment process, or as a way for other panel members, or the hiring agency, to avoid accountability.

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If Barilaro was in New York for us, he would get things happening: Bell

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We’re approaching an afternoon tea break. Investment NSW Kylie Bell has ended her session under questioning by explaining why she thought Barilaro was best-placed for the job.

Here’s what she said:

I participated in the panel, one of four of us. He clearly demonstrated in the interview that he knows the state, probably, like, very few people.

He knows the businesses, he knows the industry groups. If he was in New York for us, he would be able to pick up the phone and talk to business leaders, and get things happening.

I came to the conclusion that he was the best person for the job from the candidates.

The hearing will resume at 4.15pm and hear from public service commissioner Kathrina Lo, who was also on the hiring panel.

Bell said recruitment firm ranked female candidate first to ‘help fulfil our mandate’

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Investment NSW managing director Kylie Bell has told an inquiry that the first version of a selection panel report for the New York trade role ranked a female candidate highest to “help fulfil our mandate of looking at someone from a diverse background”.

Documents have previously shown that Investment NSW wanted to appoint a woman to the Americas trade role because many of the other appointments had been men.

“There had been a preference to try and find a successful female candidate,” Bell said.

She speculated that was the reason that the recruitment firm ranked global executive Kimberley Cole as the first choice of the selection panel, ahead of Barilaro.

Investment NSW managing director Kylie Bell.Kate Geraghty

Recruitment firm had ‘unconscious bias’ against Barilaro: Bell

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Investment NSW managing director Kylie Bell has told the inquiry she felt the recruitment firm held “a bit of unconscious bias” against John Barilaro during the hiring process.

She said the hiring panel agreed after the interviews on March 15 they “very clearly” had two top candidates: global executive Kimberley Cole and former deputy premier John Barilaro.

She said the next step was to conduct reference checks and differentiate the candidates.

But the recruitment firm sent a panel report back before that, on March 25, that elevated Cole above Barilaro.

Bell has agreed with Investment NSW Amy Brown and said that first report was not fair to Barilaro. “I feel like there was a bit of unconscious bias... I’m dismissing the conclusion that they drew in this report,” she said.

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‘Glowing’ reference for female candidate who was later downgraded

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Investment NSW managing director Kylie Bell said she did an informal referee check for global executive Kimberley Cole and received a “glowing” reference.

Cole was the top-ranked candidate in the first version of the panel report for the New York role, dated March 25. John Barilaro did not attract the highest interview score among final candidates and was suggested for the “talent pool” rather than the coveted position.

But the final report detailing Barilaro’s suitability was substantially changed on June 15 to bolster his credentials – after he had already signed a contract on June 9 - and downgrade Cole’s.

Former deputy premier John Barilaro and Kimberley Cole were both shortlisted candidates.Dominic Lorrimer/Supplied

Investment NSW boss Amy Brown on Wednesday said that March 25 report was provided in error and was not accurate. Brown said Cole did not show she was confident speaking with government ministers, and that was why she decided Cole was not suitable. At that point, Brown said Barilaro became the frontrunner.

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