DPI: Misconduct by Authorised Vehicle Examiners - Corruption and ...

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APPENDIX 3 Department for Planning and Infrastructure Certificate of Inspection (MR1) for 1995 Mitsubishi Triton Utility (1BRE 038) ......... 133 ENDNOTES .............................................................................................. 137 x
EXECUTIVE SUMMARY Introduction [1] This report deals with the outcomes of three concurrent, but separate, activities of the Corruption and Crime Commission (“the Commission”) during 2008 and 2009. [2] The first of those was an investigation into alleged misconduct by public officers of the (then) Department for Planning and Infrastructure (DPI). [3] Those allegations were of bribery and other corrupt conduct by Authorised Vehicle Examiners (“Vehicle Examiner”) in Vehicle Examination Centres located in the Perth metropolitan area. [4] The investigation was commenced in July 2008 as the result of a notification from the Australian Crime Commission. [5] The second activity was a review of improper influence-related misconduct risk across the major licensing functions of DPI, and the capacity of DPI systems to mitigate that risk. [6] The third Commission activity was an organisational review of misconduct management by DPI. This involved a review of the culture, systems and policies in place to manage misconduct risk in relation to the operational and corporate functions of DPI. [7] The Commission notes that on 1 July 2009 DPI was restructured and its functions were substantially devolved to a new Department of Planning (DoP) and a new Department of Transport (DoT). Some functions became the responsibility of a new Department of Regional Development and Lands. Commission Investigation [8] Motor vehicles cannot lawfully be driven on public roads in Western Australia unless they are registered. Vehicles must be certified as roadworthy before they can be registered. [9] The Road Traffic Act 1974 (WA) (RTA) conferred responsibility on DPI for vehicle registration. Regulations made under the RTA detail specific vehicle requirements which must be met. Vehicle Examiners are required to conduct physical examination of vehicles and certify that they have done so and that the vehicles are roadworthy. [10] The Commission investigation revealed evidence that at least since about 2004 vehicles had been passed and certified as having been inspected and found to be roadworthy by Vehicle Examiners who had not in fact even seen the vehicles. xi
Page 1 and 2: CORRUPTION AND CRIME COMMISSION REP
Page 3: CORRUPTION AND CRIME COMMISSION Hon
Page 7 and 8: TABLE OF CONTENTS ABBREVIATIONS AND
Page 9: CHAPTER THREE REVIEW OF IMPROPER IN
Page 13 and 14: • Mr [John Francis] Piercey — e
Page 15 and 16: and uncoordinated. DPI had some con
Page 17 and 18: Recommendation 6 In order to protec
Page 19 and 20: Recommendation 12 That the Departme
Page 21: EXECUTIVE SUMMARY: ENDNOTES 1 Lette
Page 24 and 25: 1.1.3 Review of Misconduct Manageme
Page 26 and 27: (ad) using information it gathers f
Page 28 and 29: [24] In Cox v Corruption and Crime
Page 30 and 31: (b) may - … (vi) dismiss the resp
Page 32 and 33: [46] On 5 November 2009 Counsel Ass
Page 34 and 35: occurring, is or may be about to oc
Page 36 and 37: or, as Lord Denning said in Hornal
Page 38 and 39: [74] The trial judge’s direction
Page 41 and 42: 2.1 Background CHAPTER TWO COMMISSI
Page 43 and 44: ensuring that DPI is properly equip
Page 45 and 46: Non-Public Officers • Mr George B
Page 47 and 48: examination process and implication
Page 49 and 50: [110] Certain anomalies in this pro
Page 51 and 52: But you would on occasions sign the
Page 53 and 54: [117] Although DPI inspection recor
Page 55 and 56: 2.3.2.1 Public Hearings and Investi
Page 57 and 58: Did Abe give you any money - - -?--
Page 59 and 60: (f) omits to furnish any return rel
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• Although the Commission is sati
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TOOKER, MR: So she didn't end up ge
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[160] Mr Howard, when asked by Coun
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[172] At 11:54 a.m. Jimy Jabbour te
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[185] In the opinion of the Commiss
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• although the Commission is sati
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Have you ever inspected vehicles fo
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Jabbour asked if she could “bring
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MS JABBOUR: MS RAPHAEL: MS JABBOUR:
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[218] The Commission accepts that t
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You have talked about how it starte
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that he passed the vehicle without
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• constituted a breach of the tru
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MS RAPHAEL: MS JABBOUR: MS RAPHAEL:
Page 89 and 90:
MS RAPHAEL: MS JABBOUR: MS RAPHAEL:
Page 91 and 92:
MR PIERCEY: MS JABBOUR: MR PIERCEY:
Page 93 and 94:
MS JABBOUR: MR PIERCEY: MS JABBOUR:
Page 95 and 96:
MS JABBOUR: MS RAPHAEL: MS JABBOUR:
Page 97 and 98:
MS JABBOUR: This one’s, this one
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MS JABBOUR: … I can easily get Bi
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that he would leave paperwork (requ
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... He never presented to me anythi
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(1) The potential consequences of c
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(10) Work outside DPI, outside work
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CHAPTER THREE REVIEW OF IMPROPER IN
Page 111 and 112:
services. All of these roles have a
Page 113 and 114:
influence was an issue, if not as f
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…we’re [Vehicle Examiner] reall
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administration and supervision resp
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arrangement is being developed with
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… there are regular meetings and
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(ii) dealt with improper influence
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[338] By virtue of its activities,
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… DPI is still a mish-mash of sys
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[357] One manager commented that th
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[369] A large proportion of manager
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[379] With impetus given to corpora
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[393] Communication of new policy i
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Figure 2: Training Received in Misc
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was also identified by the review o
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Recommendation 9 That the Departmen
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isks and misconduct related behavio
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APPENDIX 1 Notifications of Adverse
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APPENDIX 2 Diagram Illustrating Com
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APPENDIX 3 Department for Planning
Page 158 and 159:
136
Page 160 and 161:
26 Department of Transport Website,
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98 Telecommunications Intercept, 12
Page 164:
173 Ibid, p.21. 174 Ibid, p.19. 175
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