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

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confidence in a Commission as they allow the public to see the Commission at work. They also enhance the ability of Commissions to obtain information from the public as they demonstrate to the public the types of matter with which the Commission is concerned and they allow potential witnesses to see that they would not be alone in giving evidence to a Commission. Summarising concerns of this type Mason J emphasised in the Australian Building Construction Employees v Builders Labourers Federation case that in conducting Royal Commission hearings in private seriously undermines the value of the inquiry. It shrouds the proceedings with a cloak of secrecy, denying to them the public character which to my mind is an essential element in public acceptance of any inquiry of this kind and its report. [95] The Commission agrees with the comments made by Commissioner Cole and has taken those considerations into account. 2.1.2 Private and Public Hearings [96] Private hearings were held by the Commission in respect of alleged public sector misconduct by employees of DPI on 10 December 2008, 28 January 2009, 15 and 16 September 2009, and 23 October 2009. The latter was subsequently made public (the non-disclosure restriction being lifted by the Commissioner). Public hearings were held on 27 and 28 January 2009, and on 17, 18 and 19 February 2009. The following witnesses were called to give evidence during the hearings. Public Officers (during the period relevant to the investigation). • Mr Allan Roy Jenner, Expert Witness (27 January 2009). • Mr Barry William Tanner (27 January 2009). • Mr William Brian Burrows (18 February 2009). • Mr Peter David Howard (19 February 2009). • Mr John Francis Piercey (19 February 2009). • Mr Brent Edward Kain (19 February 2009). • Mr Desmond Arthur Lawry, Expert Witness (15 September 2009). • Mr James Munro Spence (15 September 2009). • Mr Robert Alexander Cugley (16 September 2009). • Mr Glenn Raymond Cooper, Expert Witness (23 October 2009). 22
Non-Public Officers • Mr George Badih Raphael (10 December 2008, 28 January 2009 and 15 September 2009). • Mr Jimy Jean Jabbour (10 December 2008 and 17 February 2009). • Ms Susan Evelyn Jabbour (10 December 2008, and 17 and 18 February 2009). • Mr Abraham Merched Roufail (18 February 2009). [97] At the conclusion of the public hearings on 19 February 2009 Commissioner Roberts-Smith invited “any person who had been called as a witness” and who “considers some other witness or evidence should be put before the Commission insofar as it concerns them, they should notify Counsel Assisting in writing”. In addition, “[a]s to cross-examination … any person who has been called as a witness or mentioned in evidence in a way they consider is adverse to them … may apply to the Commission … for that witness to be recalled for the purpose of cross-examination”. 23 [98] The only witness to make such an application was Mr Howard. As a consequence the Commission summonsed Mr Glenn Raymond Cooper to give evidence at a private hearing on 23 October 2009 (subsequently made public). [99] At the conclusion of the hearing on 23 October 2009 Commissioner Roberts-Smith made the following orders: (1) … (2) (a) Counsel Assisting will have fourteen days to file and service written submissions as to misconduct by public officers. (b) Any affected party whom Counsel Assisting has submitted has engaged in misconduct will have fourteen days from the date of service on them of the submission by Counsel Assisting to file written submissions in reply with the Corruption and Crime Commission. 24 [100] Written submissions received in reply to the written submissions served by Counsel Assisting on 6 November 2009 have been taken into account by the Commission in finalising this report. 2.2 Authorised Vehicle Examiners and Vehicle Examination Centres [101] The Road Traffic Act 1974 (RTA) confers on DPI responsibility for registering the State’s vehicles. Vehicles must be registered before they can be lawfully used on the road. Registration is conferred only where a vehicle is deemed roadworthy (that is, passed examination). The Road 23
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 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: ensuring that DPI is properly equip
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
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