2019-2020 investigation summaries

Description

Investigation Diamond considered an allegation that a former council general manager created and obtained funding for a new position, to which they were later appointed. The complainant also alleged that the Mayor and Deputy Mayor had failed to manage conflicts of interest in the recruitment and selection process for the new position.

Our investigation found that the allegation against the former General Manager was unsubstantiated. There was a legitimate need for the role’s creation, and there was no evidence that remuneration for the position was excessive. The individual had disclosed to the Mayor the intention to apply for the role and was not required under the Local Government Act to make a formal written declaration about any conflict of interest...

Sector: Local government
Respondent level: Designated Public Officer – Elected Representatives, Principal Officer
Misconduct risk(s): Conflicts of interest in recruitment
Outcome: Dismissed – no report published

Related resources:

• Conflict of interest in recruitment for managers (PDF, 313.4 KB)

Description

Investigation Eliza arose from four complaints alleging conflicts of interest by the Tourism Tasmania Board of Directors Chair, James Cretan, and one member, Ian Rankine, primarily concerning their interests in the proposed kunanyi / Mount Wellington cable car and the Cradle Mountain area.

The allegations included failures to properly disclose a pecuniary interest to the Board and the Tasmanian Government, failures to disclose a conflict of interest at Board and Wellington Park Management Trust meetings, and improper use of Board positions to obtain a financial advantage...

Sector: Tasmanian State Service
Respondent level: Designated Public Officers
Misconduct risk(s): Failure to declare private interests
Outcome: Dismissed - report released in the public interest

Related resources:

• Identifying and managing conflicts of interest (PDF, 343.1 KB)

Description

Investigation Moriah was an own-motion investigation into the Tasmanian Health Service (THS), North West, based on previous investigations undertaken by the Commission and the Department of Health, and other intelligence. We were assisted in the matter by a police officer appointed under section 21 of the Integrity Commission Act.

The focus of our investigation was alleged breaches of the State Service code of conduct by Simon Foster (then Director, Corporate Services). The alleged breaches included misuse of resources, failure to attend work without explanation, and a management style involving intimidation and punitive actions against other employees...

Sector: Tasmanian State Service
Respondent level: Public Officer
Misconduct risk(s): Misuse of public resources for personal gain and dishonest performance of public functions
Outcome: Referred to the Principal Officer for action - report released in the public interest

Related resources:

• Introduction to misuse of public resources (PDF, 335.2 KB)
• Public interest for managers (PDF, 331.1 KB)

Description

Investigation Ragoona considered allegations that a senior executive had sought to interfere with a response to a request under the Right to Information Act 2009 (Tas) by deliberately not providing guidance on procedures and removing damaging material.

Our investigation found the likelihood that the senior executive had interfered with the response to the right to information request was low. It was probable that the complainant had misinterpreted the executive’s statements and actions.

While we dismissed the matter, we raised several issues with the Principal Officer of the Public Authority relating to the management of conflicts of interest. We also recommended that the Authority highlight management of conflicts of interest in relevant policy and procedures.

Sector: Tasmanian State Service
Respondent level: Designated Public Officer
Misconduct risk(s): Dishonest exercise of powers to influence a statutory decision
Outcome: Dismissed – no report published

Related resource: Using power and authority for personal gain (PDF, 175.6 KB)

Full summary (PDF, 288.1 KB)

Description

Investigation Taurus was an own-motion investigation into an alleged conflict of interest and improper performance of functions associated with the procurement of nearly $2.6m worth of multimedia resources by a Department of Education manager.

The contracted supplier was a friend of the manager. We investigated an allegation that the two had colluded to ensure that multiple procurements were below thresholds nominated in the relevant Treasurer’s Instructions.

Our investigation found that the manager had an actual conflict of interest arising from his friendship with the supplier. We also found that he had not properly identified and managed the conflict of interest as required by the State Service Act 2000 and relevant Treasurer’s Instructions...

Sector: Tasmanian State Service
Respondent level: Public Officer
Misconduct risk(s): Conflict of interest in, and improper performance of, Government procurement functions
Outcome: Referred to the Principal Officer for action - report released in the public interest

Related resources:

• Conflicts of interest in procurement (PDF, 342.3 KB)
• Procurement and contract management (PDF, 374.7 KB)