Transcript Document

Rockdale Council
Developments
Investigation Issues
and Implications for Councils
Mr Mal Brammer APM
Executive Director, Strategic Operations
Independent Commission Against Corruption
`Unfortunately, many police organisations
around the world have only ever undergone
improvement and reform following some
external pressure or review. Such a process is
known as the `Scandal Reform Cycle’. A police
organisation is shamed through public
exposure of corruption and/or
maladministration; significant reform is
introduced; a period of quiet follows; and then
the next scandal is uncovered’
Robinette 1991
Organisations dealing with scandals:
“She’ll be right mate, it’s no longer a problem,
they fixed it, it’s gone away”
Organisations dealing with corruption:
Like painting the harbour bridge – a
task with no beginning and no end
Local Council Code of Conduct:
Decisions to be made “solely in the terms of
public interest. We will not do so in order to gain
financial or other benefits for us our our family”
The Devil in Development
– a historical perspective
1991 ICAC public report
• Suborning, soliciting and offering of
payments to public officials
• Practices relating to donations to
political parties
• Ill-defined ‘lobbying’
`But if there is a form of payment that can be
made, and accepted, without fear from the law
or from public opinion, then there is an
obvious threat to fair and honest government.
There is a risk that if nothing is done now to
address the problem, donations to political
parties will fill that role’
Assistant Commissioner Adrian Roden, 1991
- parallels with the exposures of
Rockdale Council
Corruption Prevention –
Taking the Devil out of Development
2000-2001 – extensive ICAC research
June 2001 research report – identified
corruptions in development applications as
one of the four major corruption risks
First “Taking the Devil out of Development”
discussion paper released November 2001
• Putting people in the picture
• Systems issues
• Challenges faced by councillors
Corruption Prevention –
Taking the Devil out of Development
Around the same time, ICAC started
investigating Rockdale Council and the
administration of development applications
Interim report issued early May 2002
Second paper released late May 2002
Corruption Exposed –
a trophy or an aberration?
Public report into Operation Trophy – conduct of
certain Rockdale Council councillors, developers
and others involved in Development Applications
• Findings of corrupt conduct
• False and misleading evidence given
• Recommendations of criminal prosecutions
• Systems ‘presence’ poorly implemented and
managed
Corruption Exposed –
a trophy or an aberration?
Shifted the emphasis of our corruption
prevention project:
• From risks affecting councillors
• To risks in development application process
Issues needing attention:
• Political donations
• Binding caucus votes on DAs
• Conflicts of interest
• How councillors influence staff
Catching up with the
Devil at Rockdale
When investigating crime and corruption
“cast the net wide”
Solicitation of bribes is a secretive process
Vital that identity of all engaging in corrupt
activities be established
ICAC investigation generated an overwhelming
weight of evidence
Catching up with the
Devil at Rockdale
Full and extensive use of a number of ICAC’s
powers:
• Covert electronic surveillance
• Broadened technological capacity
• Additions to Commission skill sets
Provide public with greater insight into
behaviour involved
Challenges to the Management
of the Investigation
Challenges regarding ongoing development
applications
Risks to the investigation balanced against
community interests
Development applications proceeding would
risk development by corrupt means
Doubts over consent with law as it stood
(now addressed through changes to the law)
Challenges to the Management
of the Investigation
Challenge to “sort the hay from the chaff”
Identify and profile development sites to
determine if they were sites of interest
Used information from:
•Council’s website
•Inside sources within Council
•ICAC’s own knowledge of local government
What are the resulting future
implications for Councils?
Could have happened at any other Council
Could happen again in the future
Meaningful reform requires contribution and
support of stakeholders
Pressing issues:
• Identifying and managing conflicts of interest
• Caucus voting on developments
• Transparency and scrutiny of political donations
What are the resulting future
implications for Councils?
Complex issues requiring thoughtful,
considered discussion
ICAC to release a series of recommendations
for further reform
Parliament passed legislation to suspend a
Councillor pending dismissal for serious
conduct
What are the resulting future
implications for Councils?
Legislation also allows Commissioner to
recommend consideration of dismissal of
whole Council if systemic corruption exists
Commissioner may recommend planning
administrator and suspension of any
developments – gives option to covertly
investigate Development Applications
through to the grant of consent
Some philosophical thoughts
for the future
Growth of corruption not a sudden aberration
Not a passing problem or problem of our times
Affects the innocent as much as the guilty
Full account of the environment considered
`Devil in developments’ is anything but a
passing phase of history
Some philosophical thoughts
for the future
Commission of inquiries do not provide lasting
solutions
Robust and active strategies required for a
fundamental and lasting approach
Everyone shares that responsibility
If we do not listen we do not learn, if we do not
seek we do not find and if we do not use
knowledge we cannot improve integrity and
manage corruption risk
Some philosophical thoughts
for the future
Outcomes will occur through robust,
determined and effective leadership at the
sector corporate level
Corruption resistance in local government is
about building organisational integrity
It is a leadership responsibility to bring
policies and practices to life
Some philosophical thoughts
for the future
`The light that brings the long awaited
storm to whirl the fleet about from prow to
stern, and set it sailing a straight course
again. Then from the blossom shall good
fruit come forth’.
The Divine Comedy (1308)
Dante Alghieri