Former NSW government minister Joe Tripodi will be prosecuted for misconduct in public office for allegedly feeding confidential information to a company linked to ex-coal baron Nathan Tinkler. 

In 2016, findings of a probe by the Independent Commission Against Corruption (ICAC) — named Operation Spicer — were released.

The probe investigated alleged Liberal party campaign donations and also investigated the actions of Mr Tripodi.

The inquiry heard Mr Tripodi had allegedly been involved in serious corrupt conduct by “misusing his position as a member of parliament to improperly provide an advantage”.

It heard the former Labor minister for ports allegedly leaked a “highly confidential” Treasury document to development firm Buildev, which benefited the company.

The document was alleged to be a copy of the February 4, 2011, NSW Treasury report, Review of Proposed Uses of Mayfield and Intertrade Lands at Newcastle Port.

At the time, Buildev was part-owned by former billionaire Nathan Tinkler.

Listed for court

In the seven years since the findings were released, the commission has sought legal advice, as well as the opinion of the Director of Public Prosecutions (DPP).

ICAC has updated its advice on its website.

“On 17 December 2021, the DPP advised that, subject to complying with a number of requisitions, there was sufficient evidence to charge Mr Tripodi with a common law offence of misconduct in public office,” it reads.

“After completing the requisitions, the Commission accepted this advice.

“On 19 October 2023, a court attendance notice was filed at Downing Centre Local Court.” 

It says the matter is listed for 28 November, 2023 at Downing Centre Local Court.

Tinkler’s terminal

When Mr Tinkler’s Buildev company representatives fronted Operation Spicer, they outlined plans for a proposed coal loader at a port-side site in Mayfield, in north-west Newcastle.

That was despite a proposal going against a push by Labor’s then Newcastle MP Jodi McKay for a container terminal.

The corruption probe heard Mr Tripodi was allegedly leaked the sensitive document and then passed it on to Buildev, before that same document was allegedly leaked to the local newspaper, The Newcastle Herald. 

ICAC was told that Buildev notes revealed the company was allegedly plotting with Mr Tripodi to obtain government support for the coal terminal, but that that never happened.

Operation Spicer was also told about Mr Tripodi being allegedly involved in a leaflet campaign designed to discredit and unseat Ms McKay.

In evidence, the former frontbencher admitted to being involved in a smear campaign against his fellow government MP.

She had stood in the way of Buildev’s proposed coal loader in the dying days of the then Labor government, supporting the rival proposal for a container terminal at the same site.

The ABC has spoken to Mr Tripodi, who said he did not wish to comment.