A former South Australian government employee who tipped her bosses off to an anti-corruption watchdog investigation against them in September 2018 has avoided a conviction and has been fined $1,000.
Stephanie Hardy, 29, previously pleaded guilty to unlawfully disclosing information about an Independent Commission Against Corruption (ICAC) investigation into Renewal SA's top public servants, John Hanlon and Georgina Vasilevski, in 2018.
Ms Hardy had worked for Ms Vasilevski's for five years before receiving a call from an ICAC investigator, requesting a statement about the pair — while telling her their conversation must be confidential.
It is an offence to disclose information on matters involving the commission, as it can jeopardise or prejudice investigations.
The Adelaide Magistrates Court heard ICAC was investigating a trip Mr Hanlon and Ms Vasilevski took to Melbourne during Melbourne Cup in 2017 – a case which has since been thrown out.
Further attempts to prosecute Mr Hanlon were also abandoned due to a failed investigation by ICAC.
The pair have always maintained their innocence and no adverse findings have been made against them.
During sentencing, Magistrate Simon Smart said listening devices earlier installed in the Renewal SA offices recorded audio of Ms Hardy disclosing the ICAC phone call to her bosses.
"On the listening device, Mr Hanlon and Ms Vasilevski can be heard attempting to reconstruct their activities in Melbourne by reference to travel and account accommodation arrangements," Magistrate Smart said.
He said the recording picked up Ms Hardy saying "she could go to jail" after she disclosed ICAC's requests, with Mr Hanlon replying "you're not going to go to jail, don't be silly".
The magistrate said the recording also picked up Mr Hanlon telling Ms Hardy, "you've got to be absolutely sure about the way you handle this" and to not give ICAC anything it didn't ask for.
"Your offending involved alerting the targets of the inquiry of the investigation, the nature of the investigation and keeping them informed about that investigation," Magistrate Smart said.
The magistrate said he accepted the initial ICAC phone call came unexpectedly.
"Your loyalties were conflicted, you felt you had obligations to Ms Vasilevski and Mr Hanlon who you regarded as your employers," he said.
"You felt obligated to keep them informed notwithstanding that you were aware of the offence you were committing."
After the magistrate acknowledged how distressing the incident was, Ms Hardy buried her face into her hands and cried.
She did not comment outside of court.