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

More documents

Recommendations

Info

Recommendation 3: Mr John Francis Piercey In the opinion of the Commission the conduct of Mr John Francis Piercey as outlined in this report constitutes misconduct under section 4 of the Corruption and Crime Commission Act 2003 (“CCC Act”). Pursuant to section 43(1)(a) of the CCC Act the Commission recommends that the Department for Planning and Infrastructure (now the Department of Transport (DoT)) give consideration to the taking of disciplinary action against Mr Piercey. The Commission notified DoT under section 152(4)(a) and (b) of the CCC Act of its opinion and recommendation relating to the alleged misconduct by Mr Piercey, on 4 December 2009, for consideration. Recommendation 4: Mr Brent Edward Kain In the opinion of the Commission the conduct of Mr Brent Edward Kain as outlined in this report constitutes misconduct under section 4 of the Corruption and Crime Commission Act 2003 (“CCC Act”). Pursuant to section 43(1)(a) of the CCC Act the Commission recommends that the Department for Planning and Infrastructure (now the Department of Transport (DoT)) give consideration to the taking of disciplinary action against Mr Kain. The Commission notified DoT under section 152(4)(a) and (b) of the CCC Act of its opinion and recommendation relating to the alleged misconduct by Mr Kain, on 4 December 2009, for consideration. Recommendation 5: Ms Susan Evelyn Jabbour The Commission recommends pursuant to section 43 of the Corruption and Crime Commission Act 2003 that the Director of Public Prosecutions give consideration to the prosecution of Ms Susan Evelyn Jabbour under sections 7 and 85 of The Criminal Code (WA), for offences relating to Mr Peter David Howard, Mr John Francis Piercey and Mr Brent Edward Kain. xvi
Recommendation 6 In order to protect and promote the integrity of the Department of Transport (DoT) and the services provided by DoT, it is recommended that DoT conduct a systemic review of policies, practices and procedures as they apply to the inspection, licensing and registration of motor vehicles in this State by DoT officers in order to address the issues identified by the Commission investigation (refer [276] of main body of this report) including those relating to: • practices which enable the certification of vehicles as roadworthy without inspection; • purchase of multiple transferable inspection receipts (MR numbers); • particular vulnerability of Vehicle Examiners to corruption, misconduct and improper influence; • on-site inspection of vehicles on premises of businesses that are not DPI Authorised Inspection Stations; • protracted queuing at Vehicle Examination Centres that operate on a “first-come first-served basis”, that is, Welshpool and O’Connor, as customers are not required to pre-book vehicle examinations; • “whistleblowing”; • flow-on effect of inappropriate conduct by certain Vehicle Examiners to others; • access to inspection areas by members of the public and contact with Vehicle Examiners before completion of inspection process; • oversight of Vehicle Examiners; and • training and support (particularly in relation to use of TRELIS and existence of procedural manuals) provided for Vehicle Examiners. By doing so, DoT would be in a better position to reduce the incidence of misconduct by eliminating those factors that foster misconduct. xvii
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 and 10: CHAPTER THREE REVIEW OF IMPROPER IN
Page 11 and 12: EXECUTIVE SUMMARY Introduction [1]
Page 13 and 14: • Mr [John Francis] Piercey — e
Page 15: and uncoordinated. DPI had some con
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
Page 61 and 62: • Although the Commission is sati
Page 63 and 64: TOOKER, MR: So she didn't end up ge
Page 65 and 66: [160] Mr Howard, when asked by Coun
Page 67 and 68:
[172] At 11:54 a.m. Jimy Jabbour te
Page 69 and 70:
[185] In the opinion of the Commiss
Page 71 and 72:
• although the Commission is sati
Page 73 and 74:
Have you ever inspected vehicles fo
Page 75 and 76:
Jabbour asked if she could “bring
Page 77 and 78:
MS JABBOUR: MS RAPHAEL: MS JABBOUR:
Page 79 and 80:
[218] The Commission accepts that t
Page 81 and 82:
You have talked about how it starte
Page 83 and 84:
that he passed the vehicle without
Page 85 and 86:
• constituted a breach of the tru
Page 87 and 88:
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
Page 99 and 100:
MS JABBOUR: … I can easily get Bi
Page 101 and 102:
that he would leave paperwork (requ
Page 103 and 104:
... He never presented to me anythi
Page 105 and 106:
(1) The potential consequences of c
Page 107 and 108:
(10) Work outside DPI, outside work
Page 109 and 110:
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
Page 115 and 116:
…we’re [Vehicle Examiner] reall
Page 117 and 118:
administration and supervision resp
Page 119 and 120:
arrangement is being developed with
Page 121 and 122:
… there are regular meetings and
Page 123:
(ii) dealt with improper influence
Page 126 and 127:
[338] By virtue of its activities,
Page 128 and 129:
… DPI is still a mish-mash of sys
Page 130 and 131:
[357] One manager commented that th
Page 132 and 133:
[369] A large proportion of manager
Page 134 and 135:
[379] With impetus given to corpora
Page 136 and 137:
[393] Communication of new policy i
Page 138 and 139:
Figure 2: Training Received in Misc
Page 140 and 141:
was also identified by the review o
Page 142 and 143:
Recommendation 9 That the Departmen
Page 144 and 145:
isks and misconduct related behavio
Page 147:
APPENDIX 1 Notifications of Adverse
Page 151:
APPENDIX 2 Diagram Illustrating Com
Page 155:
APPENDIX 3 Department for Planning
Page 158 and 159:
136
Page 160 and 161:
26 Department of Transport Website,
Page 162 and 163:
98 Telecommunications Intercept, 12
Page 164:
173 Ibid, p.21. 174 Ibid, p.19. 175
show all

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

Create successful ePaper yourself

Delete template?

Save as template?