An independent review has found the ACT Greens should have made a faster police report of sexual misconduct allegations against former politician Johnathan Davis.
Mr Davis resigned from his position as a member of the ACT Legislative Assembly (MLA) in November last year after allegations emerged of a sexual relationship with a 17-year-old male.
The age of consent in the ACT is 16, and thus, sexual activity with a person aged 17 is not illegal.
The teenager also alleged he had sent sexually explicit images to Mr Davis.
Information about the allegations was passed on to police, but no official complaint was made to police and no criminal charges have been laid.
This afternoon, a report stemming from an independent review into how the Greens handled the matter was tabled in the ACT Legislative Assembly.
The review was conducted by former Australian Public Service Commissioner Lynelle Briggs AO, who, in her final report, detailed how the young person had met with ACT Greens staff on November 7 last year to discuss his experience with Mr Davis, three days before the allegations were made public.
But Ms Briggs noted that Greens Minister Emma Davidson was first made aware of "rumours" of potential illegality by Mr Davis on October 28.
In a statement, Mr Davis's lawyer said he and his client "were not aware of the report and, at this stage, we have no comment".
In her report, Ms Briggs said she did not believe, on the balance of probabilities, that the Greens "wilfully or improperly withheld" information about potential wrongdoing by Mr Davis.
"But, I do think they were mistaken in assuming that they were in a position to investigate the rumours/allegations," Ms Briggs said.
"In my judgement, the Greens should have gone to the police as soon as they were advised of the rumours, and definitely when [Greens chief of staff Guy Bromley] received the allegations from the young complainant, which involved potentially criminal activity."
Ms Briggs also recommended changes to assembly policies, which would require members and staff to report allegations of potential illegal sexual conduct within 24 hours of receiving it.
Meeting with young person questioned
In the report, Ms Briggs singled out Mr Bromley for his decision to meet with the complainant on November 7 in pursuit of further information about the allegations
She said the young person told her he found Mr Bromley "abrasive and interrogating" during the meeting, and was "traumatised" by the experience.
"I would go so far as to say that, in hindsight, Mr Bromley should not have met with the young complainant at all," Ms Briggs said.
"Even with his doubts and concerns about unsubstantiated rumours, he should have reported to the police immediately."
Mr Bromley has not commented publicly on the release of the report.
Responding to the report today, Greens leader Shane Rattenbury said the party regretted the way this meeting impacted the young person.
"We deeply regret that the young person feels that way, and we apologise that that is the impact that's had on him. That was never our intention," Mr Rattenbury said.
"We must be honest in reflecting on the fact that those approaches in seeking to get that information did not have the desired impact for the complainant in this matter."
In her report, Ms Briggs was also critical of Ms Davidson's decision not to tell Mr Rattenbury or ACT Chief Minister Andrew Barr when she first became aware of "rumours" about Mr Davis's conduct.
"As a minister of the government, it is surprising that she did not report the rumours to her party leader … and to the Chief Minister … because this was potentially a very serious matter," Ms Briggs said.
During the review, Ms Davidson told Ms Briggs she had a very close relationship with Mr Davis and did not believe she was in a position to investigate the rumours herself.
"He was like my little brother," Ms Davidson said.
Mr Rattenbury and Ms Davidson welcomed the report's recommendations on behalf of the ACT Greens.
"We accept this assessment. It is part of a learning process that we hope many others will also benefit from," they said.
"The safety and wellbeing of young people is paramount, and we are committed to working within our organisation, across the assembly and with the entire ACT community to set a high bar and meet those shared expectations at all times.
"The report states that the actions of the Greens were largely in line with the Legislative Assembly's Child Safety Code of Conduct and Policy, that we did not wilfully or improperly withhold any information, and that we ensured the information brought to us was followed up diligently and quickly, then acted upon."
In a statement, Chief Minister Andrew Barr noted the report author's finding that it was doubtful either Mr Rattenbury or Ms Davidson breached the ministerial code of conduct.
"To remove any doubt, the government will seek further independent clarification from the ACT's Head of Service," Mr Barr said.
"We will also refer the report and the findings to the assembly's Commissioner for Standards."
He has also apologised to the complainant for any distress he experienced throughout the process.
"There were, plainly, a series of misjudgements on the behalf of the ACT Greens and these should be acknowledged," he said.
"The internal decisions the Greens made throughout their internal review ultimately did not represent best practice to support the complainant," he said.