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Victorian Politics

What IBAC said about the key players​

PREMIER DANIEL ANDREWS

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“It is of particular concern that the Premier’s submission to the draft report suggests there is a ‘modern’ and ‘nuanced’ approach to the convention (of minister's being accountable for conduct of staff) but does not articulate what the standards now are that should be applied.

“These are matters which require parliament’s urgent consideration, so there is clarity for ministers, parliament and the public about the standards that are now to be applied if they have changed.

“The Premier was similarly accountable for the conduct of his adviser within the PPO, even if he was unaware of how the stakeholder was engaging with his adviser and the action the adviser was taking in response. Again, it appears there was insufficient instruction or understanding as to the boundaries within which the advisers in the PPO should operate.

“Under the same convention and (ministerial) code, the Premier is similarly accountable to parliament for the improper conduct of his adviser in relation to DHHS management of the contract with HEF (through their pressure on advisers in the Minister for Health’s Office in response to the HWU’s lobbying), notwithstanding his claimed ignorance of that conduct. It would be a matter for parliament to consider whether the conduct of his adviser in this case was sufficiently serious for the Premier to be held personally responsible for it, on the basis that he ought reasonably to have known about it.

“The Premier told IBAC it was common for stakeholders to come to government with good ideas and for government to refer those ideas to a department, but it was his resting assumption that the department always remains free and obliged to provide advice, including that the proposal should not proceed. He agreed that, to provide such advice, the department must make its own independent assessment of the proposal.

“On 22 August 2018, Health Adviser A telephoned the WWt manager to ask about the progress of the training project. The WWt manager recorded in a subsequent email that Health Adviser A had told them the HWU had met with the Premier and was complaining about how long the process was taking. The WWt manager told IBAC that they perceived the telephone call, referring to the union’s meeting with the Premier, as a form of pressure being applied by the minister’s office to finalise the procurement. IBAC accepts the WWt manager’s evidence. Regardless of whether or not the Premier or someone in the PPO had met with the HWU, IBAC is satisfied that Health Adviser A raised this matter in the call to influence the DHHS staff to expedite the process to secure a contract with the HEF.

“The Premier in evidence stated he had no recollection of being aware of the difficulties arising from the way Health Adviser A had dealt with DHHS officers. The Premier’s, HWU’s and Health Adviser A’s rejection of the existence of a conflict of interest between the government and the HWU, by reason of the HWU being an affiliated union, is difficult to reconcile with the evidence before IBAC.”
 

IBAC's key findings: concerning conduct, 'grey corruption'​

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Operation Daintree did not find sufficient evidence to establish that any person had committed corrupt conduct within the meaning of the IBAC Act - noting that this would include a requirement to be satisfied that a relevant offence had been committed.
The investigation did, however, reveal a range of concerning conduct or failures to act in breach of the public duties and ethical obligations of ministers and ministerial advisers. It also identified conduct and omissions by senior public servants that fell short of the required Victorian public standards. IBAC considers that such conduct, if not addressed, makes Victoria more vulnerable to corrupt conduct as defined in the IBAC Act.
A culture that permits improper political interference to occur magnifies the risk that it will lead to corrupt political behaviour. IBAC has become concerned that the apparent increase in the level of improper conduct in Victoria, which might be characterised as ‘grey corruption’, is increasing the risk that such behaviour will lead to more serious abuses of power.
The pursuit by advisers of the perceived interests of their ministers, including the Premier, at the expense of proper process and standards is another example of the phenomenon of grey corruption that is of increasing concern to integrity bodies around Australia. As the Operation Watts report observed, grey corruption involves the bending or breaking of rules, even if that might not amount to criminal behaviour, but that unfairly favours the allies, friends and networks of decision makers. It corrodes standards of public governance, decision-making in the public interest and trust in government, and if left unchecked increases the risk of corrupt criminal offending.
The conduct at the most senior executive levels (of DHHS) to support a contract with HEF, a division of the Health Workers' Union (HWU), was coloured by their knowledge of the attitude of the minister’s office and the belief that this outcome was delivering on a government commitment.
The Department of Health and Human Services did not conduct a competitive process before awarding the contract to HEF. This decision was driven by a belief by senior staff in the department that it was the Minister’s and Government’s preference, and due to pressure from the Ministerial adviser and Secretary of the union.
The reasons for deciding only to seek a proposal from HEF were weak and ignored the concerns raised by the relevant teams in DHHS. HWU was given privileged access and favourable treatment in its access to ministerial offices.
The proposal from HEF raised a conflict between the government's interest in procuring the most suitable supplier for the training and the governing party's interest in assisting an affiliated union. This conflict of interest was not properly managed or declared.
Ministerial advisers had an improper influence over the contract procurement and management processes. HEF failed to deliver satisfactory course materials and training to health workers, and only 83 of the planned 575 health workers were trained.
Advisers in the PPO and the new Minister for Health’s office (after the 2018 election) interfered in the management of the HEF contract to hamper consideration of its termination and ensure it continued.
DHHS paid $335,000 in contractual payments to HEF before training activities were suspended due to the Covid-19 pandemic in March 2020.
 

IBAC's key findings: concerning conduct, 'grey corruption'​

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Operation Daintree did not find sufficient evidence to establish that any person had committed corrupt conduct within the meaning of the IBAC Act - noting that this would include a requirement to be satisfied that a relevant offence had been committed.
The investigation did, however, reveal a range of concerning conduct or failures to act in breach of the public duties and ethical obligations of ministers and ministerial advisers. It also identified conduct and omissions by senior public servants that fell short of the required Victorian public standards. IBAC considers that such conduct, if not addressed, makes Victoria more vulnerable to corrupt conduct as defined in the IBAC Act.
A culture that permits improper political interference to occur magnifies the risk that it will lead to corrupt political behaviour. IBAC has become concerned that the apparent increase in the level of improper conduct in Victoria, which might be characterised as ‘grey corruption’, is increasing the risk that such behaviour will lead to more serious abuses of power.
The pursuit by advisers of the perceived interests of their ministers, including the Premier, at the expense of proper process and standards is another example of the phenomenon of grey corruption that is of increasing concern to integrity bodies around Australia. As the Operation Watts report observed, grey corruption involves the bending or breaking of rules, even if that might not amount to criminal behaviour, but that unfairly favours the allies, friends and networks of decision makers. It corrodes standards of public governance, decision-making in the public interest and trust in government, and if left unchecked increases the risk of corrupt criminal offending.
The conduct at the most senior executive levels (of DHHS) to support a contract with HEF, a division of the Health Workers' Union (HWU), was coloured by their knowledge of the attitude of the minister’s office and the belief that this outcome was delivering on a government commitment.
The Department of Health and Human Services did not conduct a competitive process before awarding the contract to HEF. This decision was driven by a belief by senior staff in the department that it was the Minister’s and Government’s preference, and due to pressure from the Ministerial adviser and Secretary of the union.
The reasons for deciding only to seek a proposal from HEF were weak and ignored the concerns raised by the relevant teams in DHHS. HWU was given privileged access and favourable treatment in its access to ministerial offices.
The proposal from HEF raised a conflict between the government's interest in procuring the most suitable supplier for the training and the governing party's interest in assisting an affiliated union. This conflict of interest was not properly managed or declared.
Ministerial advisers had an improper influence over the contract procurement and management processes. HEF failed to deliver satisfactory course materials and training to health workers, and only 83 of the planned 575 health workers were trained.
Advisers in the PPO and the new Minister for Health’s office (after the 2018 election) interfered in the management of the HEF contract to hamper consideration of its termination and ensure it continued.
DHHS paid $335,000 in contractual payments to HEF before training activities were suspended due to the Covid-19 pandemic in March 2020.

Watching Dan news conference at the moment and the man is more slippery than an eel. He has perfected the art of deflection, plus. It's quite impressive to watch. He could pull out a gun, shoot Rachel Baxendale and claim it's not for him to explain and all will be OK.
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Watching Dan news conference at the moment and the man is more slippery than an eel. He has perfected the art of deflection, plus. It's quite impressive to watch. He could pull out a gun, shoot Rachel Baxendale and claim it's not for him to explain and all will be OK.
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Surely after this damning IBAC report from Operation Daintree, plus the previous damning report from operation Watts (see ABC News ),
Dan Andrews has to go, followed by most of his ministers.
Two IBAC reports must be enough, when you consider that Farrell lost his job over a bottle of wine.
What t does do is provide some juicy material for the current opposition to create some interesting ads for the next election.
Kinda reminds one of the "guilty Party" ads that Kennet used so successfully.
Getting more and more like 1990's all the time.
Mick
 
Two IBAC reports must be enough, when you consider that Farrell lost his job over a bottle of wine.
What t does do is provide some juicy material for the current opposition to create some interesting ads for the next election.

It's almost unbelievable. Inexplicable.

The problem has been the weakness of the opposition. Absolutely hopeless in pinning any mud on him.
 
It's almost unbelievable. Inexplicable.

The problem has been the weakness of the opposition. Absolutely hopeless in pinning any mud on him.
Yeah, knee jerk reaction to everything.
Totally lacking in any long term sort of plans other than to oppose everything.
They should not be allowed to use the word liberal in anything, there is absolutely nothing liberal about them at all.
Probably helped by some compliant media, there was a hell of a Dan Fan club going there for a while, especially during the lockdown periods.
The media were of course pretty much exempt as they were considered an "essential service".
What a joke.

Mick
 
It only seems like yesterday that OPTUS was in a spot of bother because of a massive security breach of its data. (OPTUS data Breach ).
Obviously, they learnt a lot from that episode, so much in fact that now the Victorian Government through the Vic Department of Health has decided to award to Trustwave, a subsidiary of Optus, a $237,000 contract to conduct an audit of the Victorian Public Health Sector's Cyber Security Controls. (source Townsville bulletin ).
Only in Victoria.
mick
 
The problems for Andrews,D, just keep piling up.
Only the Evil Murdoch News is following this latest story.
Victorian Premier Daniel Andrews' claims that his and his wife's car was "t-boned" by a bike is at odds with an Ambulance Victoria report which reveals his vehicle was "travelling 40 to 60kmh" when it hit a teenage cyclist a decade ago.

Mr Andrews claimed the couple made a "complete stop" and "turned right from a stationary position" moments before the collision, however the patient care report shows cyclist Ryan Muelman was struck by the Ford Territory driven by Catherine Andrews, the Herald Sun reported.

Mr Muelman has always said the Andrews' car "seemed to come out of nowhere" and was speeding when he was struck 10 years ago in Mornington Peninsula, located south of Melbourne.

The report detailed the following: “15YO on bike. Struck on L side by car travelling 40 to 60kmh … PT onto bonnet, then onto windscreen which cracked on impact … thrown onto roadway.

The Andrews' have continually insisted Mr Muelman hit their vehicle "at force".

Barrister Daryl Dealehr who is overseeing the case said the evidence "appears completely at odds with what Daniel and Catherine Andrews have been claiming since the collision".

“The serious injuries to the left side of Ryan’s body and the observations made by the ambulance officers who attended the crash are completely inconsistent with the claims to police made by Mr Andrews and his wife that their vehicle was travelling at a low speed," he told the Herald Sun.

The Mueleman family have told lawyers to make an application for a pre-trial discovery against Slater & Gordon and the Transport Accident Commission in the hopes to uncover more documents on the collision.
If we can take this report as true, and that the document dos exist and has been quoted accurately, the biggest problem it has taken a civil case to unearth these details.
VICPOL were supposed to have investigated the accident, and gave a clear run to the Andrews family version of events.
One might think that VICPOL, having already given ammunition to the conspiracy theorists in not following protocol by not breathalysing the alleged driver, would have gone out of their way to get all relevant docs and info.
Unless of course VICPOL did have access to it, but buried the analysis.
Is it it Andrews' State Bank moment (sorry Minski) and will Jacinta Allen become the next Joan Kirner?
Mick
 
The problems for Andrews,D, just keep piling up.
Only the Evil Murdoch News is following this latest story.

If we can take this report as true, and that the document dos exist and has been quoted accurately, the biggest problem it has taken a civil case to unearth these details.
VICPOL were supposed to have investigated the accident, and gave a clear run to the Andrews family version of events.
One might think that VICPOL, having already given ammunition to the conspiracy theorists in not following protocol by not breathalysing the alleged driver, would have gone out of their way to get all relevant docs and info.
Unless of course VICPOL did have access to it, but buried the analysis.
Is it it Andrews' State Bank moment (sorry Minski) and will Jacinta Allen become the next Joan Kirner?
Mick
This is really irrelevant and has been brought up for years.

The issues that should be tackled is the corruption in awarding contracts to mates. This is the government doing the wrong thing and would cause real damage and possibly jail time.
I don't know why the Murdoch press doesn't concentrate on this. Have they got something to hide?
 
This is really irrelevant and has been brought up for years.

The issues that should be tackled is the corruption in awarding contracts to mates. This is the government doing the wrong thing and would cause real damage and possibly jail time.
I don't know why the Murdoch press doesn't concentrate on this. Have they got something to hide?
Why is it irrelevant?
Is not corruption corruption regardless of the time span?
As for the bagging Murdoch press, its no better or worse than the others.
You are merely showing your bias against the Murdoch press.
Its not an opinion or an analysis, its a report on what is happening in the court system.
And which of the issues that should be tackled has not been reported in the Murdoch press?
It covered the IBAC report extensively into the health union contracts, it covered the premiers response, it covered the Glass response to the premiers "educational" comments.
Do you actually look at the Murdoch press sites to see what they have covered?
Mick
 
Why is it irrelevant?
Is not corruption corruption regardless of the time span?
As for the bagging Murdoch press, its no better or worse than the others.
You are merely showing your bias against the Murdoch press.
Its not an opinion or an analysis, its a report on what is happening in the court system.
And which of the issues that should be tackled has not been reported in the Murdoch press?
It covered the IBAC report extensively into the health union contracts, it covered the premiers response, it covered the Glass response to the premiers "educational" comments.
Do you actually look at the Murdoch press sites to see what they have covered?
Mick
It's his wife with a cop and its been brought up for 2 elections now. No one really cares.

Need to concentrate on the real issues.
The Age covered the corruption better and keeps hammering on it. Even yesterday a major article attacking the Premier for his actions and other issues. He is getting away with murder at present.

The Commission is designed so that it is nobbled and can't act unlike the NSW commission. I don't think it is even allowed to bring charges and there are various other "protections".

The Libs and Greens have joined together to get tougher corruption laws. Did that even get mentioned in the Murdoch Press?
They always want weaker corruption laws from what I see. We know the previous Federal Liberal did a couple of direct deals with them to hand over money without tendering.
 
It's his wife with a cop and its been brought up for 2 elections now. No one really cares.
You sure about that?
Some people do care, and have done do for some time.


Need to concentrate on the real issues.
The Age covered the corruption better and keeps hammering on it. Even yesterday a major article attacking the Premier for his actions and other issues. He is getting away with murder at present.
Thats good the Age has reported it, but the Murdoch press has been hammering Andrews for some while longer, while getting bagged by all and sundry. As to whteer ones coverage is 'better" than the others is personal opinion.
The Commission is designed so that it is nobbled and can't act unlike the NSW commission. I don't think it is even allowed to bring charges and there are various other "protections".
Anti corruption commissions should never be allowed to bring charges, thats what we have federal and state AG's for, as well as federal and state police forces. Until the variois embodiments of IBAC's have to abide the same rules as the justice system (even with its many flaws), they must remain outside of the charging regime.

The Libs and Greens have joined together to get tougher corruption laws. Did that even get mentioned in the Murdoch Press?
Are you talking Federal or State here?
If it was victorian, then Here in Murdoch Press is a report on Libs wanting tougher laws.
They always want weaker corruption laws from what I see. We know the previous Federal Liberal did a couple of direct deals with them to hand over money without tendering.
Sorry, that last bit does not make sense, given you previous statement about them getting together with the greens to toughen laws.
And who is the Them that Federal Liberal did a couple of deals to hand over money without tendering?
can you give some examples of these deals?
And to paraphrase your goodself, what does it have to do with the original article I quoted?
Mick
 
You sure about that?
Some people do care, and have done do for some time.



Thats good the Age has reported it, but the Murdoch press has been hammering Andrews for some while longer, while getting bagged by all and sundry. As to whteer ones coverage is 'better" than the others is personal opinion.

Anti corruption commissions should never be allowed to bring charges, thats what we have federal and state AG's for, as well as federal and state police forces. Until the variois embodiments of IBAC's have to abide the same rules as the justice system (even with its many flaws), they must remain outside of the charging regime.


Are you talking Federal or State here?
If it was victorian, then Here in Murdoch Press is a report on Libs wanting tougher laws.

Sorry, that last bit does not make sense, given you previous statement about them getting together with the greens to toughen laws.
And who is the Them that Federal Liberal did a couple of deals to hand over money without tendering?
can you give some examples of these deals?
And to paraphrase your goodself, what does it have to do with the original article I quoted?
Mick
State, but they didn't report it properly. They are working with the Greens on this.

One example of Newscorp corruption https://www.smh.com.au/politics/fed...-auditor-general-s-radar-20210517-p57sog.html
 
State, but they didn't report it properly. They are working with the Greens on this.

One example of Newscorp corruption https://www.smh.com.au/politics/fed...-auditor-general-s-radar-20210517-p57sog.html

Ok, fair call, although seeing as Telstra also got some of the largesse seeing as they are part owners of FOXTEL need also to be lumped in.
I searched in vain to find the results of the referral to the Auditor general.
Either
(1) The AG decided not to take it any further.
(2) The AG investigated the grants and issued no adverse findings.
(3) The AG issued adverse findings but agreed to keep it secret (most unlikely).
(4). The MSM missed the memo (also unlikely)
Mick
 
Mmmm, we are finally hurting Andrews - better stop that and have another factional brawl. Jeez
 
An obvious nonce... Defending the drag queen thing for infants? Casting aspersions on parents trying to protect their kids from that?

Plus previous rumours...

WTF?
 
Pesutto is truly an egregious human being, that is all.
 
And so it has come to pass that the "Liberal" party has expelled one of their own.
Not because she was guilty of corruption , branch stacking, lying to parliament, knifing colleagues in the back or any of the multitude of sins that have been committed by others.
No , its because she objected to being accused of being a Nazi by her leader.
The pundits said Pesutto had smarts, integrity charisma and was going to transform the libs into a powerhouse opposition to Labour.
What a failure. Looks like a standard weak limp lettuce kowtowing to the political correct centre left who will not countenence any divergence of views whatsoever.
Just looks like a labour lite.
Dan Andrews must be continually pinching himself to if all this is just a wonderful dream to keep in power.
If I was ten years younger, I would repeat the exercise of the 1990's and leave Victoria for greener pastures.
Mick
 
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