2018-2019 investigation summaries

Description

Investigation Ireh considered allegations of misconduct by the Hon Jacquie Petrusma MP – then Minister for Human Services – and her Chief of Staff.

Following a complaint from the Hon Josh Willie MLC, we investigated an allegation that the Minister’s Chief of Staff had attempted to improperly influence the then Commissioner for Children and Young People in performing their role...

Sector: Parliament of Tasmania
Respondent level: Designated Public Officer – Elected Representative, Public Officer
Misconduct risk(s): Misuse of power and authority
Outcome: Dismissed – report released in the public interest

Related resources:

• Investigation Ireh full report (PDF, 833.4 KB)
• Misconduct in the public sector (PDF, 160.7 KB)
• Reporting misconduct in the public sector (PDF, 342.2 KB)

Description

Investigation Field considered allegations that Mr Adam Brooks (when an MP) failed to manage a conflict of interest. The conflict related to his public role as Parliamentary Secretary for Small Business and Trade – and subsequently Minister for Mining – and his private company. Mr Brooks also allegedly failed to inform the Premier of this interest.

The investigation identified no evidence to support allegations that Mr Brooks misused information or obtained an advantage for his private business, Maintenance System Solutions (MSS), in his public roles. In addition, Mr Brooks had no material conflict of interest concerning his interest in MSS and consequently had not breached the Ministerial Code of Conduct...

Sector: Parliament of Tasmania
Respondent level: Designated Public Officer – Elected Representative
Misconduct risk(s): Misuse of power and authority
Outcome: Referred to the Premier of Tasmania for action, subject to monitoring - report released in the public interest

Related resources:

• Investigation Field full report (PDF, 1.3 MB)
• Conflicts of interest in outside employment (PDF, 300.4 KB)
• Good decision making in the public interest (PDF, 280.3 KB)

Description

Investigation Frankland considered allegations that a Public Officer misused their position to award a significant contract to a family member and had failed to manage a conflict of interest in that context. We investigated further allegations concerning the misuse of information and public resources to gain an advantage. We also considered the actions of other public officers involved in the situation.

Our investigation identified several process-related issues relating to the management and disclosure of conflicts of interest. However, we found no evidence to substantiate the allegations and determined to dismiss the allegations.

Sector: Tasmania State Service
Respondent level: Public Officer
Misconduct risk(s): Misuse of power and authority, conflict of interest in procurement
Outcome: Dismissed – no report prepared

Related resources:

• Procurement and contract management (PDF, 374.7 KB)
• Using power and authority for personal gain (PDF, 175.6 KB)

Description

Investigation King considered allegations that a Statutory Officer failed to manage a conflict of interest appropriately during a procurement process. The complainant also alleged that the officer had acted with favouritism when awarding contracts.

Our investigation found that the subject officer had failed to appropriately manage a conflict of interest when awarding a contract.

However, we found that the subject officer did not purposefully set out to benefit the specific contractor and that the officer made their decision based on merit.

Sector: Tasmania State Service
Respondent level: Designated Public Officer – Statutory Officer
Misconduct risk(s): Misuse of power and authority for personal gain
Outcome: Referred to the Principal Officer for action, subject to monitoring – no report published

Related resource

• Good decision making in the public interest (PDF, 280.3 KB)
• Using power and authority for personal gain (PDF, 175.6 KB)

Description

In 2018, the Commission investigated allegations that the Hon Michael Ferguson, MP – then Minister for Health – and the then Premier, the Hon Will Hodgman MP, interfered in the dismissal of a Cricket Australia employee.

The investigation was not into whether or not the termination of the employee was justified. The investigation considered allegations that the Premier and the Minister exerted undue influence on either Cricket Tasmania, Cricket Australia or both organisations, leading to the dismissal of a Cricket Australia employee...

Sector: Parliament of Tasmania, Tasmanian State Service
Respondent level: Designated Public Officer – Elected Representatives, Principal
Officer
Misconduct risk(s): Misuse of power and authority
Outcome: Dismissed - report released in the public interest

Related resources:

• Good decision making in the public interest (PDF, 280.3 KB)
• Using power and authority for personal gain (PDF, 175.6 KB)

Description

Investigation Weld considered allegations that a council’s general manager misused public resources for personal gain and had improperly sold a public asset.

Our investigation found that the general manager had followed correct procedures in all instances. However, we identified a range of process-related issues relating to administration and finance for addressing by the public authority. We identified further financial management processes and recording issues that we referred to the Auditor-General.

Sector: Local government
Respondent level: Designated Public Officer – Principal Officer
Misconduct risk(s): Misuse of public resources
Outcome: Referred to the Principal Officer and Auditor-General for action

Related resources:

• Introduction to the misuse of public resources (PDF, 335.2 KB)
• Procurement and contract management (PDF, 374.7 KB)