2021-2022 investigation summaries

Description

Investigation Cuvier considered allegations arising from a practitioner operating across the private and public sector. The allegations included that the practitioner had breached their contractual obligations and misused public resources; undertaken private work in public hours; failed to declare gifts and benefits; and utilised funds for professional development without proper authorisation.

Further allegations against 2 senior public officers relating to a failure to take action on the Public Officer’s alleged conduct were identified in our assessment and considered in the investigation. The investigation also identified potential misconduct by another employee related to a recruitment process.

Sector: Tasmanian State Service
Respondent level: Public Officer, Designated Public Officers
Misconduct risk(s): Improper or dishonest performance of functions and powers for personal gain in use of public facilities. Failure to deal with alleged improper conduct
Outcome:Three matters referred to Principal Officer for action. Two matters accepted for inquiry by Integrity Tribunal.

Related resources:

• Annual Report 2021-22 (PDF, 1.5 MB)
• Using public resources with integrity
  (PDF, 335.2 KB)

Description

Investigation Mawson considered allegations that a manager of a major public facility issued favourable supplier contracts to friends without proper process and without managing or declaring conflicts of interest. Similar long term arrangements with other suppliers (who are also friends) were identified during the investigation.

The primary lines of inquiry were that the manager failed to declare and/or manage conflicts of interest with, and made improper use of their position to gain an advantage for, his friends. Other lines of inquiry included whether the manager had solicited gifts and benefits from suppliers, and whether the manager’s colleague (who assisted them with procurement and other matters) was complicit in the alleged conduct.

A key aspect of the matter was that, for a substantial period, the facility was managed by a ‘controlling authority’ established under the public authority’s legislation. The controlling authority had a number of functions, including to provide facilities or services, and to manage or administer any property, on behalf of the public authority. This meant oversight of the manager during this period was limited.

Sector: Local Government
Respondent level: Public Officer
Misconduct risk(s): Failure to declare and manage a conflict of interest in procurement and misuse of public resources
Outcome: Referred to Principal Officer for action. Also referred to Auditor-General and relevant Minister.

Related resources:

• Annual Report 2021-22 (PDF, 1.5 MB)
• Conflicts of interest in procurement (PDF, 342.3 KB)

Description

Investigation Tyndall considered alleged misconduct by the then Work, Health and Safety (WHS) Regulator and Chief Executive Officer of WorkSafe Tasmania (WST) and members of the Tasmanian Government in relation to the Regulator’s response to forest protest activity.

The investigation’s focus was on the conduct of the subject officers, including whether there was improper use of power or influence by the Regulator, and improper influence or interference by the members of the Government.

Sector: Local Government
Respondent level: Designated Public Officer, Designated Public Officer – Elected Representative
Misconduct risk(s): Failure to declare and manage a conflict of interest in procurement and misuse of public resources
Outcome: Referred to Principal Officer for action. Summary report tabled in Parliament.

Related resources:

• Investigation Tyndall Report (PDF, 1.1 MB)
• Annual Report 2021-22 (PDF, 1.5 MB)
• What is a conflict of interest? (PDF, 345.7 KB)