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

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[11] In one instance a <strong>Vehicle</strong> Examiner developed a relationship with the<br />

proprietor of a wrecking yard, panel shop <strong>and</strong> mechanical workshop which<br />

evolved into an arrangement of payments for false certifications.<br />

[12] The proprietor would routinely pass the vehicle details to the <strong>Vehicle</strong><br />

Examiner, who would then enter them into the <strong>DPI</strong> data system as<br />

inspected <strong>and</strong> certified vehicles, <strong>and</strong> subsequently return the completed<br />

paperwork to the proprietor (usually at the latter’s workshop). The<br />

proprietor would then pay him $50 cash for each vehicle.<br />

[13] This <strong>Vehicle</strong> Examiner was subsequently charged with 30 counts of<br />

accepting bribes contrary to section 82 of The Criminal Code (WA). He<br />

pleaded guilty, was convicted <strong>and</strong> on 6 August 2010 was sentenced to<br />

imprisonment for three years, with 18 months to serve before eligibility for<br />

parole.<br />

[14] Other <strong>Vehicle</strong> <strong>Examiners</strong> who gave false certificates of examinations <strong>and</strong><br />

roadworthiness apparently did so out of a habit of giving preferential<br />

treatment to individuals with whom they dealt regularly <strong>and</strong> who had<br />

cultivated them. There was no evidence that they sought or received<br />

benefits for doing so.<br />

[15] In December 2009 the Commission notified <strong>DPI</strong> that it was of the opinion<br />

certain named <strong>Vehicle</strong> <strong>Examiners</strong> had engaged in misconduct <strong>and</strong><br />

recommended that <strong>DPI</strong> consider disciplinary action against them.<br />

[16] The Director General of DoT informed the Commission that DoT<br />

recommenced its disciplinary process against the <strong>Vehicle</strong> <strong>Examiners</strong> on<br />

10 December 2009, advising the Commission of the outcomes of that<br />

process <strong>by</strong> letter on 4 August <strong>and</strong> 23 August 2010. The Director General<br />

stated in his letters to the Commissioner:<br />

A disciplinary investigation was conducted into the suspected breach<br />

of discipline for each public officer [<strong>Vehicle</strong> Examiner]. The findings<br />

of the Investigators [sic] Report concluded that the misconduct was<br />

serious. [On 17 May 2010] the four officers were charged with a<br />

breach of discipline … in accordance with the “Public Sector<br />

Management Act 1994”. As a result of the four officers denying the<br />

charge the matter was then referred to a disciplinary inquiry. On 1<br />

June 2010, the four offices [sic] were advised that a disciplinary<br />

inquiry was to be conducted into the alleged breach of discipline.<br />

The disciplinary inquiry … [was subsequently] conducted <strong>and</strong> all four<br />

Inquiry Reports [presented] … The Investigator concluded in his<br />

Reports that the charge where each of the four officers committed a<br />

breach of discipline [had] … been proven. 1<br />

…<br />

As a result of the four officers committing a breach of discipline, the<br />

following action has been taken <strong>by</strong> the Department [DoT].<br />

xii

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