by CAA | May 2, 2022 | Library, Uncategorized
2nd May 2022
An unholy spat unfolded within Victoria Police last year between a Sergeant with Christian beliefs on the cusp of retiring and a Deputy Commissioner who is openly gay and is not too subtle with his aspirations for the top Police job.
The spat has spilt into the public domain.
When Police join the Force, they take either an Oath or an Affirmation to serve, “without favour or affection, malice or ill will…” The vast majority of Police take this undertaking very seriously.
Concurrent with this, Victoria Police has published the following Inclusion Policy:
Victoria Police is committed to a workforce that embraces diversity and inclusion and our vision for this is: Our policing services are provided through leadership that fosters a diverse, inclusive and respectful workforce, better equipping us to work together to understand and respond to the Victorian community
In 2021, Victoria Police embarked on actions that bear a strong resemblance to the persecution and bullying of one of their own, a Christian, who expressed concerns about using police resources for the apparent promotion of a Gay agenda by one of the force’s most senior officers, Deputy Commissioner Neil Paterson.
Mr Paterson has been instrumental in promoting the inclusion of LGBTQI people into Victoria Police and he applied multiple sworn police to the 2021 Australian LGBTQ+ inclusion awards submission, which resulted in a Silver Award. The Victoria Police submission was undertaken despite the peak of the COVID Pandemic severely stretching Vicpol’s most valuable asset, manpower. To question this resource allocation in the circumstances is reasonable.
Mr Paterson appears to have overstepped the mark with his apparent biased gay agenda bullying of Sergeant Bruno Staffieri, over the latter’s respectful comments and concerns.
No ‘Inclusion Policy’ worth its salt excludes individuals based on their religious beliefs and nor can it be at law. Yet Mr Paterson appears to have done just that, based on what appears to be his response to a respectful and courteously worded dissent expressed by Sergeant Staffieri on the Police internal social media platform.
“ Last year, Deputy Police Commissioner Neil Paterson posted on internal police social media celebrating that “Victoria Police is proud to have been recognised as a silver employer at the 2021 Australian LGBTQ+ inclusion awards.”
In response, Sergeant Staffieri responded: “Yes I agree. Great achievement. But if the public knew how much time, effort and taxpayer dollars went into this, they would also be demanding why we didn’t get a gold.”
Mr Paterson defended the campaign and said it had not received significant public funding.
Sergeant Staffieri responded: “Sir, I totally value and respect your opinion and your rank, I simply ask that you value and respect mine.”
Mr Paterson, the state’s second highest-ranked police officer, fired a public broadside at Sergeant Staffieri, suggesting he consider looking for a new job.
“I don’t respect or value your views as they are offensive and there is no place for those views in Victoria Police…. Either limit your comments on Yammer to comments that are respectful of everyone or consider your employment options,” Paterson posted -source https://www.advanceaustralia.org.au/this_victorian_copper_is_a_bloody_aussie_legend
Sergeant Staffieri displayed a respectful tone while expressing concern over the resources which went into achieving recognition of Victoria Police for its inclusiveness. Mr Paterson, on the other hand, was bullying and anything but respectful or inclusive in his response to the Sergeant.
Sergeant Staffieri has since been subjected to a protracted and ongoing investigation, as a consequence of this exchange and has apparently been charged under the Police Act and has now after two years been advised he will be suspended.
The aggressor and person who would appear to have breached the Chief Commissioner’s Inclusion Policy appears not to have been disciplined.
We applaud Victoria Police for seeking to include LGBTQ+ people into the organisation. But inclusion does not mean giving them a place of pre-eminence over others. Inclusion also does not mean forcing out others because they seek to politely voice their beliefs respectfully, influenced by their religion.
The Deputy was responsible for escalating this matter into a religion versus gay spat. That he did not think through the impact the spat would attract, brings his judgement into serious question in addition to his deliberate breaching of Force Policy.
We find it hard to accept he is so naive that he would think the contentious comments published on an internal VicPol Social page available to 22,000 police staff, would not find a way into mainstream media and be widely circulated on public social media. We strongly suspect the action was either wholly reckless or deliberate.
If you don’t want it to get out, don’t write it.
So how has such an experienced senior officer as Mr Paterson fallen into such serious error? Could it be that ambition plays a part? Ambition for the LGBTQ+ community or ambition for himself? Mr Paterson appears to have made LGBTQ+ inclusion, his personal agenda and in doing so appears to have lost objectivity critical to his role as one of the most senior leaders in a major Australian policing agency.
As a police leader, he must lead for all, not just some. Mr Paterson appears to have failed significantly in his most important duty – leadership. This brings into question his suitability to remain at that very senior level, let alone progress to higher office when the Chief Commissioner’s Office becomes vacant.
We should also be concerned over the apparent inaction of Chief Commissioner Patton in this debacle from whom we hear nothing. Most significantly because this egregious breach of force policy is the Chief Commissioners’ own Policy.
Paterson has thrown down the gauntlet to Patton, in a not too subtle challenge to the Chief Commissioners’ authority. A blatant act of dissension that cannot be tolerated in any circumstance from any Police member let alone somebody of Paterson’s rank.
Mr Patton holds the highest office in Victoria Police and therefore, arguably, the highest duty to lead his police. Mr Patton is singularly silent in this matter, apparently preferring to leave it to others in Command to mount what looks, from the outside, alarmingly like a campaign of religious persecution against Sergeant Staffieri for daring to respectfully dissent.
All this is against a backdrop where Victoria Police have serially neglected their duty in a range of very serious investigations including ‘The Red Shirts’ and ‘Slug Gate’. It seems that the police no longer catch real crooks. They prefer to ‘catch and kill’ their own.
To think this all could have been avoided if the Deputy had shown a modicum of Leadership and called the Sergeant in for a cup of coffee and an informal chat to avoid any spat engulfing VicPol and now the Chief.
The actions of the Deputy have left the Chief Commissioner in the untenable position, to either side with the Deputy, or allow this breach of his authority to stand, alienating a sizable proportion of his workforce and the community.
So, what should happen? Chief Commissioner Patton must show the leadership of his position and immediately intervene.
The discipline charges against Sergeant Staffieri must be immediately withdrawn. If the Sergeant’s conduct is in error, he should be counselled and provided appropriate supervision and training. Or he could be allowed to continue on long Service Leave and retire with dignity, as was his intention after having provided 35 years of fearless and exemplary service to the people of Victoria.
Yes, Sergeant Staffieri was actually on Long Service Leave leading to retirement when he was brought back to duty, interviewed under direction, and advised he was to be suspended from duty.
Mr Patton has little choice but to refer the conduct of his Deputy Mr Paterson to IBAC for investigation during which time Paterson should be suspended. That precedent has been set by the way Staffieri has been managed. Mr Paterson’s potential breaches of Sections 342 (Adverse Action) and 789FD (Bullying) of the Fair Work Act (Cth) were apparent in his ‘public’ diatribe directed at Sergeant Staffieri. The singling out and charging of the Sergeant also arguably amount to further ‘Adverse Action’ by Victoria Police against Sergeant Staffieri.
An apparent power struggle by Paterson against the Chief does VicPol no favours, his continued service is untenable.
It does seem as though some 11th hour sanity may be being applied with the Sergeant now advised that he will not be suspended. This should be the precursor to the charges being dropped. However, this does not detract from the serious breaches by the Deputy.
We can hope the Chief has stepped in and will stamp his authority on the force by terminating Paterson.
by CAA | Apr 23, 2022 | Library, Uncategorized
24th April 2022
An ex-police detective Shane Reid who took a photo of former AFL coach Dani Laidley in custody has been cleared of all charges leaving a fair amount of egg on the face of the Victoria Police, which must be severely embarrassing.
If not, then it should be.
Severely embarrassed because VicPol with all the resources applied to this matter VicPol could not work out that there was no criminality on the ex-Detectives part.
Poor management prioritisation grinds with all Victorians who have waited for Police never to arrive to deal with their problems and the failure to prosecute blatant criminality in the Red Shirts and Slug-Gate matters.
A matter of woke trumping responsibility.
The issue of whether Dani Laidley is a cross-dresser is of no concern to us. Examples of cross-dressing date back thousands of years in various cultures, it is not something of particular import.
But what does greatly concern us are the priorities to which VicPol applies its resources. In this case to a non-offence.
After a long investigation and a two-day Court hearing, the magistrate found that,
“The prosecution had failed to establish the ex-detective’s actions were criminal behaviour rather than workplace misconduct.”
Dismissing the charges, the Magistrate ordered that the Chief Commissioner (us) pay ex-detective Reid’s costs.
We agree that the photographing of Laidley was inappropriate, unprofessional and aggravated by passing it on, albeit to a closed social media site and deserved disciplinary sanctions but whether that included suspensions or dismissal, we doubt it.
What has been overlooked by all the hullabaloo about the Police action is that Laidley was in the Police Station to be charged with “Stalking” offences. Stalking can be a horrendous experience for the victim and given the nature of the stalking, as reported, it would be on the higher end of the scale. Ultimately pleading guilty there is no doubt Laidley’s behaviour was abhorrent.
Seven police employees were suspended and another six were transferred to other duties over the incident.
“Assistant Commissioner Shane Patton described it at the time as appalling and unlawful criminal conduct.” https://www.afl.com.au/news/524813/former-north-coach-dani-laidley-avoids-conviction-for-stalking#
It is unclear if he is referring to Police or Laidley, we hope the latter.
Now that the behaviour is identified by the court was not criminal, the thirteen officers should now be returned to active duty albeit that some disciplinary issues may need resolution but given the dire need for police on our streets and with the Court finding ratcheting down the outrage any residual disciplinary matters should suffer the same treatment.
We cannot afford to lose any of them, they cost too much, and it is our money after all.
This exercise by VicPol was clearly motivated by wanting to appear woke and no matter how much they wished that the matter was a criminal offence it was not, and wishing it so makes it more of an embarrassment. Interesting to know what diminutive part of the community they were trying to impress, it certainly was not mainstream.
VicPol needs to focus on their function not trying to be woke social progressives at our expense, in dollar terms and service.
Remember it is our money, not yours to spend on social whims.
All in all, much to do about not very much except the cost to us.
Time to get back to the real job at hand.
by CAA | Apr 20, 2022 | Library, Uncategorized
20th April 2022
Commentating on matters associated with Victoria Police is fraught with difficulty as we are often faced with conundrums that are particularly hard to decipher.
The current issue gaining community traction is the ‘crisis of trust’ in VicPol, and is a ‘case in point’.
We have all seen and been dismayed at the blatant criminality passed over by Vicpol but minor internal misdemeanours, are pursued with unbridled vigour, albeit many are not malicious.
This leaves the community lamenting why that vigour cannot be applied to blatant and more serious crimes.
Ironically, the current level of leak traffic to the media is directly proportionate to the disquiet of the police members. Police talk when frustrated and people listen, people talk to the journalists and that is how most information is leaked.
Police live in and are part of the community. Something often overlooked by Police Executives.
There appears to be a culture amongst Police executives that they live in a bubble and operate on flawed assumptions. Media letters from the public support this hypothesis.
The consequence of the ‘Bubble effect’ in policing is inward-looking policing rather than the obverse, which is the most effective Policing model, where community expectations are measured and met.
Although community Policing plays an important role in building a Trust surplus, creating an aura of politicisation by assuming a legal role beyond their remit negates these efforts.
Policing is a function for the people, not the few who run it. Trotting out the most inane spin or even worse, non-information, creates conjecture to replace facts within the community further fuelling the Trust Crisis deficit.
From the CAA’s first meeting with Shane Patton to recent times, an oxymoron has evolved. What was said and what we see do not gel.
There have been a number of own goals that have eroded trust but paradoxically they can be resolved and act as a net positive; all it takes is good management and leadership.
The Red Shirts and ICooks (Slug-Gate) matters could be resolved and converted overnight by simply having the matters bought before the Courts and having the Courts the arbiter, not VicPol.
Based, we assume on poor advice, VicPol hunkered down on these two matters but significantly and even at his stage it would not be embarrassing to change tack and properly investigate both matters and put perpetrators before the courts.
That would be leadership, something that the public believes is sadly lacking and will respond to positively.
The other hot issue in the community is the Policing of Anti-vax, Anti-lockdown demonstrations during the pandemic.
This hurt will not heal any time soon.
The community is divided on whether or not the demonstrations should have occurred, but united in condemnation of many of the police tactics.
It would be foolish to assume that opponents of the Police actions are only from the anti-vax lobby.
Rather than have this issue fester away VicPol should exercise strong leadership and acknowledge the community’s anguish and undertake its own public inquiry into the issues with the intent of shaping Police policy. Allowing the public to vent their anger may not be palatable for Police but would lead to effective policy changes.
Patton certainly has had multiple opportunities to right some wrongs, but it gives the appearance that he is not running the show.
For everybody in the CAA who had the privilege of meeting Patton and listening to his blueprint for the future of Policing, we are disappointed in the reality of that commitment.
We strongly suspect an informal cabal of executives similar to when Ashton was Chief is effectively holding sway because VicPol has continued on a similar trajectory from the previous administration to the current one. with little meaningful change apart from some peripheral rhetoric,
Whether that cabal is identifiable as an entity or is a linking of like-minded individuals is difficult to identify. It could be based on social, political or some other commonality but these movements are usually spawned by a leadership vacuum.
The seeds of this problem were cast before Patton’s tenure making the malcontents in the Executive easy to identify.
However, the excuse that it is a big ship to turn around is no longer valid.
There is a risk for Patton that the Government may decide to shorten his tenure so that all the negative aspects of policing, Gobbo, Red Shirts, Slug-gate, Cardinal Pell, some COVID failures, poorly managed Demonstrations, applying Vax mandates and several other issues can be brushed away with his demise.
His best defence is to resolve them.
If he doesn’t he could get to carry out the political baggage before November.
The Government has a strong track record in this dark art.
A newly minted Chief, a political apparatchik or one that has a high profile as a social progressive capable of moving Policing in that direction would be inevitable.
We are told the chatter in high places along these lines is mooted and advanced.
A strong and independent Patton is far more desirable than what the alternative may throw up. There would be no doubt he would know who the underminers are and he should show strength as a leader and remove them.
It is time for Patton to decide whether his legacy will be as a bag carrier, or will he be the Chief Commissioner that turns the ship around and be held up in perpetuity alongside other luminaries that have held this high office.
by CAA | Apr 11, 2022 | Library, Uncategorized
12th of April 2022
There is undeniable community angst about the Police response to certain anti-Vax, anti-Mandate demonstrations in this State. Much of that anger is directed at Police Command and we do not intend to argue justification, because we believe there is none.
If this was one isolated case, then that is one thing, but this behaviour was exercised time and again over an extended period aggravating people into even more social unrest.
The complete antithesis of what good police strategies should be.
What concerns us is the failure of our system of Government.
Apart from the Police making operational command decisions that aggravated the whole issue we ask what the Police Minister, the Premier and the Emergency Cabinet were doing, not to intervene because they have accountability in this matter equal to the Police command.
It was their rules police were required to enforce.
The most effective Policing strategy for demonstrations is passive resistance, holding a line, not the guerrilla warfare approach where individual police are allowed to break away and make strategic lunges into the fray.
These ill-disciplined high-risk forays degrade the police to no better than the demonstrators and may well be just as unlawful.
This latter strategy, of which there is overwhelming evidence, places both the police and the demonstrators at huge risk of injury and is never likely to achieve the objectives, which to this day remains unclear.
We have never understood why the Police Association did not intervene over the risk to their members whose interests they should be representing.
Putting Police in situations with badly flawed strategies at such huge personal risk is unforgivable.
Apart from the overall strategy failures, there were specific failures within the morass of Command, that need to be highlighted.
The CAA understands that it was the Victoria Police Critical Incident Response Team (CIRT) who deployed ‘bean bag’ and ‘plastic baton’ (Rubber Bullets) munitions against crowds during the unauthorised COVID marches in Elizabeth Street and at the Shrine of Remembrance.
It has been reported to us that CIRT Police fired so many rounds at the Elizabeth Street incident that a car had to be despatched back to CIRT for resupply of ammunition. We have not confirmed this report.
We understand that CIRT makes a specific reference in its training that these weapons are not to be used in crowd control situations. Yet it is our understanding that both projectiles were indiscriminately deployed by CIRT against multiple targets during both incidents, contrary to both policy and training.
‘Bean bag’ rounds are shotgun projectiles fired from the Victoria Police Remington shotguns on issue to CIRT. Plastic ‘baton’ rounds (sometimes mistakenly called ‘rubber bullets’) are projectiles fired from 40mm grenade launchers. Both are usually used by specialist police, including CIRT, in the resolution of critical incidents such as Armed offenders, Terror or Hostage situations
These munitions are known as ‘less lethal’ because they are usually less likely to cause death than conventional ammunition fired from traditional police service weapons. Neither bean bag nor plastic baton rounds are considered totally ‘non-lethal’ as bean bag rounds have been known to penetrate targets causing wounding and death. This raises significant and serious questions as to whether their use at both Elizabeth Street and the Shrine constituted ‘reasonable force’ under the Crimes Act.
It is the CAA’s view that bean bag and plastic baton munitions should not be deployed for crowd control purposes. Both projectiles suffer from accuracy problems when used against moving targets or over distances greater than 15-20 metres. Both munitions can also cause very serious injury and, as seen overseas, lead to deaths if they strike vulnerable parts of the human anatomy. It follows that their use should be restricted to extremely limited circumstances.
The CAA acknowledges that these munitions are essential in certain high-risk situations against dangerous offenders. It is our view, however, that demonstrations and crowd control are not appropriate situations.
The CAA notes that demonstrators often use physical contact with Police as a technique to elicit an adverse response from Police to make their point and/or to gain media attention for their cause. That said, we fail to see why Force Command does not negate these actions (prevention) and reduce the risk of physical harm to Police and demonstrators by using proven tactics, like appropriate chemical agents and Water.
Euphemistically called, Water Cannons they should be procured urgenlty and deployed for these events as a matter of course.
https://caainc.org.au/?s=Water+cannon&doing_wp
Drenching people in an unlawful assembly will dampen the enthusiasm of all but the extremists bent on lawlessness, who can then be dealt with by the full force of the water.
It might be smart to acquire a couple of modified Bushmasters (locally built) that can have a dual purpose during the fire season making the deal cost-effective.
With water cannons, big is not always best, two midsized vehicles would give flexibility to commanders and the ability to interchange to maintain pressure while refilling.
A former Commissioner from another state has lamented that his police force had a Water Cannon, but it was never used.
Perhaps having it was the reason they never had to use it.
by CAA | Apr 4, 2022 | Library, Uncategorized
5th April 2022
As a Nation, we have the privilege of knowing who our continent’s first peoples are, and we can share in their culture that has helped build Australia into the country it now is.
With the millions of dollars spent on these people each year, it is a national disgrace that many of them seem to live in abject neglect.
With all the much-publicised disadvantages these people endure, health is by ‘far and away’ the most important, surpassing the populist issues promoted by many who have no real empathy for these people but appear to be on self-promotional jaunts.
If health in the indigenous communities is ever going to be addressed properly then the basics need to be addressed and without argument, Nutrition has to be the key first building block.
Maslow’s hierarchy of needs.
The role of hygiene is not far behind but if people are not getting proper nutrition, they are less likely to be concerned or have the will to address other needs like hygiene.
The same needs apply to a raft of other issues that these people are confronted with. Children not accessing good nutrition are less likely to develop well and be more susceptible to disease and less likely to receive an education of value. Poor nutrition plays a part in substance abuse or the will, to create a better life for their family.
The activists who we mostly hear from are generally of the extreme left of politics, both white and black so it is therefore very surprising that the Victorian Government stymied what could be the single most significant innovative strategy devised to turn the fortunes of the indigenous people in a most significant and practical way.
The tyranny of distance, lack of resources and knowledge, including access to appropriate food, was about to be addressed when the Victorian State Government intervened and on spurious grounds closed down the business developing the technology to address these issues without the slightest consideration of the consequences on two groups, the aged and the indigenous.
The day that the representatives of the Derri Aboriginal Corporation from South Australia arrived with cheque in hand at the ICooks Factory in Dandenong for a meeting to ‘ink the deal’ which had been negotiated over many months, the State Government had closed the factory by Health Order. The Derri people were confronted with a taped-up business with Health closure notices pinned to the door. They had no choice but to turn around and go home, deal blown there and then.
But what was this deal that had these aboriginal elders travel thousands of kilometres to secure?
ICooks had developed a patented process of texture modification of food so it was easily digestible, maintained its heath properties and was easy to store, transport and prepare. Pasteurised in the manufacturing process it was also very safe.
Technology was tested and capable of providing traditional foods appropriate for the indigenous people of a geographic area. Crocodile and turtle may be preferred in the Northern realms where freshwater fish and Kangaroo may not, but would be preferred in the more southern areas.
We have no real idea of the preferences and simply provide these examples of the potential of the technology also recognised by The Derri people.
The deal centred around a partnership/share arrangement between ICooks and the corporation to establish the capacity for texture modification of Native food in South Australia providing work for Indigenous people in the supply and sourcing of suitable food and if necessary, explore the ability to farm produce to establish reliable supply inputs. Preparation and processing through ultimately to distribution would provide substantial employment opportunities.
All undertaken by a company they had equity in.
As it was presented the Cooks deal would not only facilitate a new facility in South Australia but would have a continual link to ICooks to ensure local staff were trained in how to operate the equipment for a sustainable long term enterprise.
The vision of the Derri people and ICooks was the possibility of creating a national network of texture modification facilities tailored to the region they service.
Any good chef will always admit that presentation is as important as the flavour and the ICooks Texture modified product is easily digestible and prepared without compromising the benefits that each food group provides. This is particularly suitable for people that have dental issues or other issues making it difficult to swallow.
Using this process and making it available through Supermarket chains with more traditional foods could also be attractive.
The current option in medical facilities is that food is Vitamised and when presented to the patient (Victim) it resembles bodily waste and is as appetising.
Although a problem in indigenous communities the broader application in the general population of good nutrition is essential particularly when people are recovering from Medical interventions, disease or age-related decline.
That society as a whole has been deprived of this technology is a disgrace and those responsible must be held to account.
It is time that the Federal government intervened to sort this mess created by the Victorian government and get it implemented.
by CAA | Mar 21, 2022 | Library, Uncategorized
22nd March 2022
Melb. Age March 20/2022 False level of assurance.
Here we go again; the only corruption in town must be the coppers.
But in reality, it does not matter where you look; there is corruption everywhere in Victoria. Known as the State of Corruption, we need to focus on the Police because they investigate most of the complaints against themselves, an outrageous situation that must be stopped immediately.
How dare we have a system where; miscreants are investigated by their peers? It must be prevented because that is apparently the problem.
While we are looking at the Police investigating Police, we should also look at these professions,
- The Judiciary,
- Academia,
- Medical Disciplines,
- Scientific Disciplines,
- The Armed Forces,
- Politicians,
- Clergy,
And all entities in the private, public and NFP sectors we deal with every day.
But somehow, Policing is the only profession where this process is vilified but paradoxically, they possess the best skill sets to undertake the task.
The reality, however, is that the entities, over time designed for this task, Police Ombudsman, Office of Police Integrity (OPI) and IBAC, have all failed because they were nothing more than name changes with most of the staff moving with the name (taking incompetence with them) and a bit of tinkering around the edges.
Doing the same thing today as you did yesterday and expecting a different result is the height of absurdity, but that’s what has happened.
The near-universal rules barring the use of Police investigators by these entities are a large part of the problem. These entities need the best investigators available, and bureaucrats are nowhere near up to standard.
Many Politicians and Bureaucrats think they know how Police think; Police, on the other hand, don’t think they know; they do.
Dealing with the article’s headline issue, Nicolo Gobbo, that matter has been and is currently being dealt with through the legal system. While there is no debate that some Police acted improperly and even criminally, what is often overlooked is that there was one Policeman who attempted to deal with the matter.
His career was terminated for his efforts. The then Deputy Police Commissioner, Sir Ken Jones, took the issues to a senior Jurist and then a Deputy Ombudsman. The failure of those he sought assistance from cost him his career for his efforts, and the Gobbo affair rolled on unchecked.
Incidentally, the support for Ken Jones amongst Police, both serving and former, was and remains very high. He is seen as a leader with integrity.
Arguably, the failure of the Judicial officer and the Deputy Ombudsman makes them as culpable as some of the other perpetrators exposed by the Royal Commission. But as we have learned, the focus is always on the Police, and these two responsible Officers’ failures were apparently not examined.
The other references in the article do not indicate a corrupt Police force but that there is corruption in Victoria Police, and only a fool would argue that there is not.
But guess what, corruption also exists in the other professions listed earlier.
Central to this piece are the comments attributed to Dr Maguire, the former Police Ombudsman of Northern Ireland.
“The reality is if you make a complaint against a police officer, 98 per cent of cases are going to be investigated by another police officer. And the powers of IBAC [Victoria’s Independent Broad-based Anti-corruption Commission] dealing with criminality is limited. What does this say about trust and confidence in policing itself?”
Well, Dr Maguire, it does not say all Police are corrupt and within the 18,000 members of the Victoria Police currently serving, and the many thousands of former Police who also served this State with honour and integrity, only a tiny proportion are or have been found to be corrupt. That says a lot about trust and confidence in policing itself.
Given their function in the community, they are remarkably uncorrupted as a group, which some of the other professions cannot lay claim to.
Additionally, Policing has been subjected over many years to more scrutiny, including external inquiries and Royal Commissions, than any of the other groups.
The lack of resources within IBAC is sighted as a significant issue. Still, a cursory look at IBAC shows that rather than not having sufficient resources, they have major management failures.
To emphasise the incompetence, recently, there has been wide publicity of the effort of IBAC in investigating Branch Stacking within the Australian Labour Party Victorian division. In private and public hearings, the use of expensive covert tactics and the application of the IBAC powers compelling witnesses was exercised, and no doubt many other resources were applied to this investigation.
The irony is that, albeit there is perhaps some criminality, the major victim was the Labour party itself, not the more general population of the State. Yes, you can try to argue that it impacted the governance of the State but nowhere near as severe as the suspension of the Democratic processes that have been suspended within the party by its own leaders.
Of course, a cynic may say that this whole IBAC investigation was to pull down power brokers within the party not aligned with the current executive of Government.
A Political power struggle with IBAC the weapon. What better way to quell your ‘frenemies’ than using IBAC. We are not suggesting this is true; only, it could be viewed that way. If it is true, then IBAC is complicit in corruption.
Now while the IBAC was ensconced in that investigation, a small matter of Slug-Gate reared into the light. A small business subjected to corrupt Government Officials put out of business to try to save a competitor that just happened to be owned and financed by the Government.
Forty-one people lost their jobs in a vain attempt to save the Government business gifted over twenty million dollars ($20m) that had operated for nine years without turning a profit once. The Victorian Auditor-General, who we would have thought was charged with making sure our taxes were not wantonly fritted away, turned a blind eye to what would appear to be a company operating while insolvent for close to nine years. But that is all ok; it was a Government-sponsored business.
What really shows up the incompetence or misguided management of IBAC is that the CAA offered the IBAC Commissioner the services of a number of ex-detectives with intimate knowledge of the Slug-Gate case Pro Bono.
They were prepared to work under whatever conditions and rules the Commissioner may apply. The IBAC Act provides the Commissioner power to accept the offer legally.
We suspect there are other (political) agendas at work, so the cries of insufficient IBAC resources should be treated as not worth the salt.
Perhaps it is not Politicly comfortable to have the corruption around the Slug-gate affair determined and aired. With a number of suspects closely aligned to the current Government, IBAC may not be looked on kindly exposing the rot.
Rather than always looking for how the Police can be further scrutinised, so-called experts could apply some effort to address corruption by preventing it.
They would instead prefer to work at promoting the cabal of corruption fighters to build their industry rather than address the more difficult prevention question.
It is a sad indictment on the media that they do not see this for what it is.
by CAA | Mar 1, 2022 | Library, Uncategorized
2nd March 2022
Do you get the feeling that corruption is on the increase?
If you do, then you would be right, and not alone, according to the annual 2021 Global corruption perceptions index published by Transparency International.
The index measuring corruption perceptions across 180 countries shows Australia has crashed out of the rarefied prime top group, which still includes New Zealand, to drop by twelve points, a significant downward move.

This index has recorded a trend for Australia that is not pretty accelerating in the wrong direction.
The current measure should have our leaders scurrying for a solution.
The index is based on-
“Unfair and opaque political financing and undue influence in decision making and lobbying by powerful interest groups” in some democracies including Australia may have resulted in the increased perception of corruption, Transparency International says.”
There is something disturbingly familiar with the definition by Transparency International that will resonate very strongly with every Victorian, irrespective of their political bent.
As previously published by the CAA, corruption is estimated to cost each person $4000, so for a nuclear family, Two +Two, that estimate equates to $12000 P/A, a cost most of these families could well do without.
We know that corruption in this State extends well beyond this definition, but we do not see an appetite from the ruling Politicians to address the problem, perhaps because it may adversely impact them?
It has undoubtedly impacted those Politicians who have been exposed, albeit at an unbelievable snail’s pace, by the responsible authorities.
The way these authorities are going, many of the miscreants will be either retired (on a fat pension) or expired permanently by natural attrition by the time the process grinds to a Court.
Looking at many of the alleged corrupt practises identified and the relevant offences perpetrated, it beggars’ belief that responsible authorities can be so inept at charging suspects.
The CAA has a number of retired Police in its midst. All have at some stage charged and achieved convictions for offences parallel to those exposed in current corruption investigations. The number well into the thousands over an extended period, so they have an insight into the process.
A complex investigation may take some months, but once a ‘prima facie’ case has been established, the suspect is charged, and the Courts then deal with the process from there.
As reported in the Herald Sun on the 2nd of March under the banner ‘Rogue car dealers, exporters caught up in major crime probe.’
Competent Police investigators charged forty- three (43) people with two hundred and fifty (250) offences, sized twenty-five vehicles (25) worth more than $1.75m – and that investigation took just four (4) months.
The difference between the two comparison groups is with the Rogue car dealers, police would be dealing with hardened criminals where the second group are predominantly first offenders. However, they have unlimited legal support and Political influence. But that is no excuse as legal representation cannot and political influence must not alter the facts, and facts are what achieves a conviction.
Some of the allegations which have exposed possible offences are very straightforward and could be processed by a first-year constable. Still, the authorities procrastinate for years either by incompetence or a lack of conviction to prosecute those that sign their paycheque.
The responsible agencies cannot hide behind COVID; this failure to act against corruption precedes the Pandemic. Any adverse impact of COVID would expose gross mismanagement of the authority.
We often wonder whether this failure to act, is deliberate and is corrupt itself.
by CAA | Feb 25, 2022 | Library, Uncategorized
26th February 2022
This corruption list compiled by the CAA is from public records and is a quantitative sample of those that we could locate.
As you read through this list, the challenge is to identify which of these acts would not have happened or would have been mitigated had there been appropriate and adequate supervision.
Corruption hurts us more than we think.
The World Economic Forum estimates the cost of Corruption is 5% of GDP Worldwide.
Victoria represents 23.6% of Australia’s Gross Domestic Product (GDP) of $1.985 trillion. Therefore, Victoria’s Gross State Product (GSP) is estimated at $467.876 billion. Corruption at 5% of that number would be $23.938 Billion or approximately $4,000 per citizen.
Although hard to be precise, we suggest a nuclear family could be losing somewhere around $10,000 per annum. Whatever that number is, we cannot afford it.
Ironically those who perpetuate Corruption are also losing that amount – Corruption does not necessarily pay.
By our count, a staggering 90% of these matters would have either not occurred or would have been lessened with proper supervision and management, complying with basic Governance rules.
Nothing will change until the managers at all levels are held to account and suffer penalties for their failures, and that can probably only be achieved by a ‘Hue and cry’ from the community otherwise, we fear the corruption train will continue at full pace.
Many of these examples transcend multiple levels of management and the current attitude that the higher the station in an organisation, the less is their accountability.
This is a false premise; as you will see by the list, many perpetrators were themselves in the upper reaches of their organisations. But they all had something in common, irrespective of where they are in the order of things; a higher authority that they reported to, and it would seem those with power are never held to account.
To curb Corruption, accountability and Integrity must be sharpened, and any deviations of Governance reined in, the higher the hierarchy ladder is ascended.
The premise that those removed from where they might get their hands dirty are not accountable must be reversed, and consequences for failure applied.
Why should they not be held to the same level of accountability as the perpetrators?
The list,
1 |
Casey Council land deals – involving Developers |
2 |
$35m COVID Hotel Security– Unified Security contract.- |
3 |
V/Line Transclean cleaning contractors scam.- Sacked V/Line boss accepted a triple-figure sum from a cleaning contractor.
|
4 |
VicPol $60m IBM IT upgrade fiasco. Allegedly an unqualified mate of a senior Police executive was given the plumb IT project management job without IT experience. The money allocated for the upgrade has mysteriously vanished. Apart from the obvious, the Corruption of not looking for the money and the culpability of others is a disgrace. |
5 |
Change to Local Government Act. Fines by Council go direct to them, not consolidated revenue. This coincides with the allegation by Adem Somyurek describing the workings of the “Spoiler System” and is a recipe for Corruption. |
6 |
Chief Health Officer closed ICooks without power or evidence. (Slug gate) |
7 |
Land transactions by a Minister – Property deal facilitated by the Property developer, the principle In the Casey Council affair for $1m over market value. It was sold allegedly to the owner of the preferred contractor for the DHHS Contact Tracing Contract.- Walks like a duck talks like a duck, probably is Corruption. |
8 |
St Basils and Jenny Mikakos, As Health Minister, she allegedly had shares (a financial interest) in the nursing home St Basils, the subject of 50 deaths due to the Covid 19 virus. The former director of St Basil’s nursing home refused to give evidence to the Coroner on the grounds of self-incrimination. What was the crime that self-incrimination was used to protect? |
9 |
Red Shirts – Police investigators had compiled briefs of evidence implicating Politicians and staffers in criminal activity but were not permitted to proceed by VicPol hierarchy. |
10 |
Politician ferrying dogs at State expense no recrimination or investigation. |
11 |
Labor Branch stacking usurping our democracy is currently under investigation. |
12 |
NBN rorting exposed a senior manager employed by Places Victoria who was involved in serious corrupt conduct. |
13 |
The infamous Gobbo affair– corrupt executive police Officers, exposed by the Royal Commission and are still serving in positions of executive authority.– suspensions only apply to the other ranks. Be interesting if any of their contracts were renewed post the Royal Commission |
14 |
Fraudulent travel claims. Submitted by Politicians and the crime was not investigated, and no charges for the theft. |
15 |
The death of Sergeant Tony Van Gorp The circumstances that led to the death of Sergeant Tony Van Gorp of Healesville has never been adequately investigated. |
16 |
Carl William’s execution Has never been fully exposed as who made the informer allegation which ensured his demise. Was it from VicPol? |
17 |
801 deaths caused by Government corruption and incompetence have never been thoroughly investigated. |
18 |
Local government scam. Parking penalty notices removed from vehicles, Evidence Tampering, to secure late payment penalty – consequence of Item 5 ‘Spoiler System’. |
19 |
Disgusting trolling. By a member of the Police executive, who admits offences publicly but never charged with the relevant Telecommunications Act Offences or Misconduct in Public Office as he used Government IT to troll. |
20 |
Vengeance against a Business owner. The same Executive police Officer (item 20) was involved in and publicly defamed a business owner and submitted questionable breach notices to the responsible authority. The civil case settled in favour of the Business owner, but no investigation into this corrupt episode occurred, and the Executive was never charged. |
21 |
$1.44 Billion cost overruns of IT projects. Ombudsman report 2011 on $1.44 Billion cost overruns of IT projects, VicPol, Myki, Dept of Education Health Smart system and other internal upgrades _Costs were generally double the original contract price.- Incompetence or, more likely systemic Corruption but no criminal investigation. And where was the Auditor General, and did that Office have monumental fail? |
22 |
Community Chef. Set up by politicians to compete in the catering industry, the Business lost somewhere well over $28million and closed after 9 years owing $6million. Was this company set up to be milked for other purposes? – no investigation nobody held to account. Again where was the Auditor General? |
23 |
A Former Chief Commissioner accepted a free VIP flight. When in Office and tried to blame their partner. The lie was exposed, the graft was received by the Chief Commissioner. No action for the falsehood or the Corruption. |
24 |
Perjury by Health Officer- A local Government Health Officer committed perjury in a statement and perjury to a Parliamentary Inquiry– no offence pursued. |
25 |
Conflicts of interest by Council CEO. The only witness in the George Pell trial was given a job by a Municipal council immediately after Pell was convicted. The Council CEO was previously the Chief Commissioner at the time and hopelessly conflicted. Was the job used as an inducement to the witness? We will never know because the High Court dismissed the case against Pell there is no examination into the propriety of this conviction and if Corruption was involved. |
26 |
Corrupt Vatican Official- A disgraced corrupt Vatican Official transferred multiple Millions of Dollars to Australia, and money was potentially removed from the Vatican. Those criminal activities were involved in these transactions has never been exposed, and that is Corruption by Victorian officials. |
27 |
Corrupt DHHS CEO letting consultancy to personal friends abusing expenses. IBAC |
28 |
Vic. Vocational Ed TAFE, Bendigo Kagan Institute &V/Line multiple offenders over a number of years involving many millions of Dollars IBAC. |
29 |
Department of Education corrupt dealings re Department Ultranet contracts IBAC |
30 |
Department of Education Banker schools rort IBAC |
31 |
Vic. Regional Health’s former CEO corrupt practices IBAC. |
32 |
Arrest of a mental patient – six police charged over the detention of mental patient under instruction from DHHS in Preston IBAC. |
33 |
Ballarat Police Station Allegations of assault and other matters at Ballarat Police station. IBAC |
34 |
Government / Fire Union corruption probe – currently underway. |
35 |
Local Government election rorts A former councillor his wife and daughter are charged with 75 counts of electoral fraud announced 25th Feb, |
This is just a snapshot to indicate the type and breadth of Corruption in this State, and we are confident that this is only a small percentage of known corrupt practices, but it is anybody’s guess as to the totality of the problem.
The only way things will change is if the community is made aware of the stench, and they become motivated and vocal to protect their own interests.
We need committed politicians who understand the problem to address the matter properly and that can only occur if the public applies pressure to them.
The community has the opportunity this election year to have an impact.
It is whether they can be motivated.
by CAA | Feb 24, 2022 | Library, Uncategorized
25th February 2022
SAFE QUARANTINE – NOT SAFE INJECTING ROOMS
The CAA has previously argued for the introduction of a quarantine approach to drug addicts that will save lives and reduce harm, not just for the addicts but all Victorians.
As the perennial issue of decriminalising and the expansion of Safe Injecting rooms is again being spruiked by the apologists for the drug Lords eager to expand their trade, a perversion of the free market principles, it is appropriate that the proposition previously submitted by the CAA should be revisited and genuine evaluation of the proposal be undertaken.
DRUG QUARANTINE – A NEW PARADIGM.
24th June 2021
There is no argument based on fact, that we are winning the war on drugs. The benefit of the millions of dollars applied to the supply side of the illicit drug trade can only be described as relatively ineffective on any cost-benefit analysis. Equally, there is no effective broad-based proactive strategy to address the issue of users, the demand side.
Huge drug busts should not be the measure of success for law enforcement because, at best, it causes some disruption. But, as one commentator quipped, syndicates allow in their business model for law enforcement to have some success as well as being ripped off by other criminals. Still, the vast profits make these risks worthwhile.
We do not suggest targeting criminals of the illicit drug trade be wound back. However, to make the war on drugs deliver some impact on the illicit trade, we need to attack not only the product but the hearts and minds of users and potential users, and that is the demand side of the equation.
With reduced demand, the supply will ultimately shrink after initially creating an increased oversupply. As a result, the oversupplied product is harder to offload, forcing prices down, and the level of crime to maintain a habit fades.
Although we are not naive enough to suggest a strategy addressing the demand side would eliminate the drug trade, it will not, but combined with the attacks on the supply side; it is likely to markedly reduce the number of users and, to a degree, mitigate the problem The mitigation will be in direct proportion to the application of strategies aimed at the demand side.
Most current resources applied to the demand side are generally targeted at those entering or about to enter the criminal justice system. Unfortunately, there is little evidence that there is any effective intervention before this, and by the time users enter the Justice system, the chances of an effective diversion are severely diminished; it is too late for many.
The CAA believes that a strategy that involves early intervention is far more likely to be effective than waiting for the problem to substantially manifest.
The strategy.
We have come to accept that Quarantine is a very effective way to control contagions in the community. Illicit drugs arguably kill more Australians than the COVID Pandemic. We accept Quarantine for that lesser evil, so why not apply the same principles to Illicit Drugs, creating drug Quarantine facilities.
Populating a drug quarantine facility.
Anybody suspected of being under the influence or adjudged by Police or a medical practitioner on reasonable grounds to have ingested illicit drugs, and a drug test on-site returns a positive, these people can, by Health Order be immediately placed in Quarantine.
What might a Drug quarantine facility look like?
A secure place where users can be medically assessed and held on a Health Order for up to fourteen days while they are evaluated, and their health adjusted before being released back into society or the legal system.
The first function of the facility is to conduct a clinical assessment to confirm the presence of illicit drugs. A person found not to be under the influence of drugs must be immediately released from the facility after advising the Police if other Judicial obligations exist.
During this period, experts can work with the person to guide them to deal with any dependency or other health issues. They can access support if required and have them return to society in a better condition than what they were, armed with how to escape their addiction and or lifestyle changes to remove the necessity of drugs before they become addicted.
Taking drug-affected people away from Hospital Emergency Rooms must be one of the great positives of this strategy.
We would argue that there is no reasonable opportunity for clinicians or others working in the shooting gallery environment to have any useful interaction with the addicts. That is probably because there are none, supporting the argument that a shooting gallery is a drug facilitation facility.
Users arrive desperate for their fix and leave on a high, so the argument that prevention work is carried out is a myth. That is probably why the most important statistic that these facilities will not publish is the number of addicts diverted from their addiction.
An addict or drug user in Quarantine would be absolutely focused on clinicians making medical intervention far more effective because of the nature of the facility.
What of the mechanics of this proposal?
A Drug Quarantine facility will need to be as secure as any other Quarantine facility with some added safeguards specific to the purpose.
The concept is to have strong security by a suitable agency and inside managed by Health professionals.
A drug-affected person who has allegedly committed a serious crime and is under the influence of drugs when arrested can be sent to the facility and be transferred to the criminal justice system on the expiration of the fourteen days for Justice processing.
It would be reasonable to presume that an alleged perpetrator will be much better able to deal with any matters being as healthy as can be achieved in fourteen days.
What benefits of this approach?
There would be a number of positives cascading from this initiative; we have listed a few.
- The significant and first impact will be on reducing drivers on our roads that use drugs and the lives saved. The effect community-wide will be almost immediate, and the deterrent effect profound.
- Illicit drugs impact domestic violence, and removing a drug-affected perpetrator from a violent domestic situation is a very positive capability that can also save lives.
- Drug users, particularly in their early foray into the scene, will be discouraged from further involvement.
- The drug scene will be driven underground, a real positive, to keep it away from our kids. Anything that makes drugs more difficult to obtain is a positive, as necessary as being socially derided.
- An addict may find that returning to the quarantine process as a repeat user may be the catalyst to encourage the person to seek a way out from their addiction, creating the motivation necessary to break the addiction.
- The stigma attached to the Quarantine facility will also be a substantial deterrent to would-be users. But, on the other hand, time out in the facility may be the early intervention that stops the cycle of rampant addiction.
- It is unlikely that Police would proceed with any criminal matters on the lower end of the criminal scale on users quarantined, exercising discretion avoiding many from entering the Justice system, consequently reducing court caseloads.
- Importantly the maintenance and access to quality data for research purposes would start to achieve data that can be relied upon as the depth and demographic associated with the problem becomes evident to allow the development of more targeted approaches.
Why will Quarantine work?
Will Quarantine move all away from drugs? No, but the impact on their health and giving them a hiatus in their lifestyle might just have the desired effect for many. After fourteen days, they will have lost their position in the drug empire, so they will have to start again. Disruption can sometimes be more effective than the current options and should never be underestimated as a counter to an illegal problem.
Identifying and removing trigger points for addicts over fourteen days would act as step one to recovery, and with the trigger points identified, it can be the start of a way out.
Rehabilitation
We accept the arguments for rehabilitation and the lack of the resources available to addicts; there does need to be an increase in these resources; however, pouring buckets of money into the rehabilitation of addicts will not solve the problem per se. The nirvana of a rehab centre on every corner would add to the problem, not diminish it, the same impact as safe injecting rooms. They both play a positive in the drug Marketing mix.
The consequences of no action
The community is only too aware that community leaders’ efforts to manage the drug issue have failed abysmally. There are no forward-thinking strategies that we know of to overcome, or at the very least, achieve a reduction in the problem.
More Safe Injecting Rooms means more addicts and growth to the drug industry.
Make no mistake, the explosion of Safe Injecting Rooms is seen as a pathway by some towards legalisation of Illicit drugs; it is merely step one.
Separation of legal and health issues.
We must accept that while illicit drugs are a legal issue, the addiction is a health one, and the separation needs to be understood.
Incarceration within the Justice system only allows the addict to broaden their contact base. Given the innate ability of individuals to be innovative to satisfy human needs (including needs not listed in Maslow’s theory), we are not particularly confident that being in jail will necessarily mean no access to drugs.
While we strongly advocate the health aspect as essential, the criminal aspect must not be ignored.
Drug addicts do not commit a crime in some involuntary state, they may have strong urges to satisfy their addiction, but the offence is only the method to access the drugs. They are entirely cognisant that their actions are criminal. Often the crimes require planning, and that is not the actions of an addict in some involuntary state.
As we separate the health and the drug crimes, the courts must separate the addiction from the offence.
If a person commits a crime to service an addiction, the addiction should be irrelevant to any penalty. Deriving some benefit to penalty before the Courts because of an addiction to an illegal substance, is in our view, objectionable.
It’s not just quarantine as the solution.
A Quarantine program is but one part of the strategy; the other is public awareness campaigns. The Quit campaign that altered community standards is a standout, but in this case, targeting the young to make drugs socially unacceptable in that cohort would be imperative. Take the ‘Cool‘ out of drugs.
Recent research suggests thirty lives per year, plus countless injuries involve drug-affected drivers.
The acting Police Minster Ben Carroll, referring to drugged drivers, was recently quoted as saying, “Any measure on our roads to save lives is worth taking”, and he is absolutely right. However, we need a new direction because what has been done to date has been a failure.
It is common knowledge amongst particularly young drivers that consuming alcohol and driving is too risky, but party drugs are undetectable (the integrity of this statement is questionable, in fact). So, they use drugs in lieu of alcohol with all the added risks—particularly the long-lasting effect of days, not hours.
The prospect of 14 days of Quarantine if a driver is detected with drugs would dramatically reduce the Drug Driver problem overnight.
What of the other issues?
This paper does not address the myriad of detail required to implement this proposal but proposes a concept that can be developed into reality in a relatively short time frame.
The quarantine approach to Illicit drugs is new and innovative, and most importantly, infinitely measurable.
Victoria can become a world leader in this field by applying a commitment towards a solution for the illicit drug problem.
by CAA | Feb 14, 2022 | Library, Uncategorized
14th February 2022
We have often written that Corruption is arguably the worst criminal malaise affecting our social fabric. Whether dismissed as Noble Cause, Tunnel Vision, Confirmation Bias or any attempt to justify or explain it, Corruption is Corruption. It impinges on every aspect of our lives and holds back reform and the many benefits it can bring.
However, the average person is somewhat immune to it until it directly affects them. Unfortunately, Corruption is deep-seated, and although usually perpetrated by a few, has catastrophic effects on all of us whether we are directly conscious of it or not.
Recent publicity of the slop, masquerading as food; that our aged must endure in care facilities: that term is used loosely, is an obvious case in point.
This begs the question; would they have to endure this? Had Corruption been dealt with appropriately and ICooks Foods (Slug-gate), the last major competitor to a government entity and the last significant supplier in this catering sector, had not been closed by Corrupt officials.
The sin of this company was success. The Government decided to establish a competitor and used its influence to drive all significant competition, including ICooks, out of the trade. With Local Government, the fix was in, and the demise of ICooks followed the other major suppliers in this area.
The vast majority of meal services in hospitals and elsewhere for those in need are supplied by external contractors to the service provider. Now without competition, the Government-run facility can charge what they like for whatever they like. Perhaps produce slop for exorbitant fees, and they are guaranteed the business. There is nobody else of consequence left to challenge them.
The ACCC has been conspicuously inactive in this matter, and as a result, we see our most vulnerable suffer.
Indicative of most Corruption, the impacts generally hit the most vulnerable and the least likely or capable to resist.
That Corruption and its pursuit cost the public purse millions upon millions each year should be cause enough for public outrage. The lack of backlash from the community can only be explained by a lack of knowledge.
Governments increase taxes to balance their books rather than addressing causes. Corruption would have to be up there as a major cause.
One of the problems is that many do not recognise certain behaviours as corrupt. That is particularly true of the very people we employ to manage and protect us from Corruption and are in the government employ, receiving the ‘Queens shilling’, who are supposed to ensure proper procedures are followed, and honesty prevail.
We believe that the bastions charged with protecting us from Corruption are, unwittingly and in some cases deliberately, acting corruptly themselves.
If the gatekeepers are corrupt, unwittingly, or not, what hope is there?
Awareness of Corruption will empower everybody and provide the basis for people power in an election cycle to use their weapon of empowerment, their vote.
Corruption extends past the ubiquitous brown paper envelopes stuffed with banknotes, or Bitcoin, the more modern equivalent. Still, it includes actions committed against society, often by misguided or incompetent individuals charged with addressing Corruption.
‘Noble cause’ or ‘Tunnel vision’ Corruption can be influenced by normal bias that all humankind is predisposed to.
The key, of course, is to understand that training or an odd prosecution alone will not protect us from these traits that lead to prosecutions and convictions of the innocent and equally protect the guilty.
‘It is better 100 guilty Persons should escape than that one innocent Person should suffer’ – Benjamin Franklin.
It requires adroit supervisory and management skills, which is sadly lacking in Policing and corruption-fighting agencies.
Management accountability and effective supervisory skills with managers not distracted by internal administrative issues are precisely where the war needs to be won.
These are not nebulous concepts but real and devastating for those subjected to them or the victims whose dramas are manipulated.
The greatest examples of these corruption traits were on full display in the now infamous Gobbo Affair. Serious criminals responsible for horrific crimes are now starting to walk from jails because Police and others indulged in ‘Noble Corruption’.
Failure by the Director of Public Prosecutions (DPP) and the predecessor of IBAC and the Office of Police Integrity (OPI) were not fully examined, so those responsible for failing to oversee have not been held to account. They failed to do their job, and without consequence, they will fail again time and again.
If you peek under the covers, many of the failed principal players of those organisations have moved long to even more powerful jobs. While responsibility and integrity are not essential dispositions to hold senior positions, the corruption cycle will roll along.
Where Corruption seems to be blatant and not pursued, accusations of political bias influencing the investigators or the agency are often raised. Maybe in part misguided (that of itself is corrupt) where it may be the ‘Tunnel Vision’ of Investigators or the ‘Groupthink Tunnel Vision’ of the agency management suffering the same malaise that fuels the political bias accusations.
To properly understand this subject, the Public Prosecutions Service of Canada have published an excellent piece on Understanding Tunnel Vision, and like afflictions and is worth a read at
https://www.ppsc-sppc.gc.ca/eng/pub/is-ip/ch2.html
The views in this article are a more eloquent version of the opinions of the CAA.
Understanding precedes change.
by CAA | Feb 8, 2022 | Library, Uncategorized
8th February 2022
A recent article in the Australian newspaper, ‘Tragic mayor: a second warning missed by IBAC’, highlights serious anomalies in the system that we use to manage corruption.
In short, this is a tragic story where an IBAC investigation has been dragged out for over two years into allegations of corruption within the council of the City of Casey and the relationship that some within the council had with a property developer.
Our opinions are based on the reporting of these tragic circumstances.
If the relationships were corrupt, then the perpetrators should be charged with the offences, and the courts can determine whether they are guilty as charged or not, as the case may be.
When the entity charged with investigating corruption becomes overzealous chasing shadows in their pursuit of ‘evidence‘, they are usurping the Courts’ role.
A common trait, bordering on Noble corruption, is where Investigators form an alleged crime hypothesis and blindly pursue an outcome based on their assumptions alone. Any evidence that may be contrary to their theory is rejected.
There is nothing wrong with an investigator forming a hypothesis; most good investigators do just that. It only becomes a problem when everything else is dismissed or not pursued should it deviate from the original theory. When that happens, a fine line appears, and Nobel corruption’s evilness sails into view.
In this story, it would appear the organisation itself has engaged in this practice.
Again, we see the use or misuse of the ‘public hearings’ weapon that IBAC possesses. Conducted like a ‘show trial’ in the public glare; witnesses are grilled even though they have already been subjected to the extensive coercive powers of IBAC in private.
If a suspect or witness has not provided the evidence that IBAC deems appropriate in a private hearing, the only reasonable conclusion is that the ‘show trials’ are revenge.
Parading people in an IBAC Public hearing is a version of modern-day stocks. Instead of throwing rotten tomatoes at the not convicted victim, they destroy the persons character. You can wash off tomato slop but never ever recover from the IBAC equivalent.
The basic concept of our Law is usurped by IBAC, which assumes the role of investigator, arbitrator of guilt or innocence and sentencing before the guilt or innocence is determined by a court. The sentence imposed is, their character is dashed beyond repair.
We emphasise they have not been convicted of anything when subjected to this humiliation, and irrespective of what they say, the outcome is the same – character assassination in the extreme with their guilt or otherwise apparently irrelevant.
It would be the same if Police investigating an alleged criminal act decided to incarcerate somebody without presenting them to a court. The community would be rightly outraged and should be equally outraged toward the IBAC’ ‘show trial’ process.
This process may be legal, but the legislation must be amended to eliminate the practice altogether. There has been no evidence that we know of that ‘show trials’ lead to improved conviction rates for IBAC. Not that it would be a reasonable justification if it exists.
Should a person be charged with an offence as a result of a ‘show trial’, then the option of a jury to determine their guilt or innocence is compromised as the public hearings have boundless potential of tainting any juror.
There are many disturbing aspects to this case as reported. If the Investigators could not obtain sufficient evidence in two years, that in itself is a disgrace and strongly indicates the likelihood of serious crimes being committed was substantially diminished. Flogging a lost cause, it would seem.
This lack of sound management decision making was compounded by the warnings of the impact on suspects on multiple occasions. This was further aggravated by the matters being brought to the attention of the Inspectorate responsible for overseeing IBAC.
It took the Inspectorate seven months to respond to the complaint and concluded that IBAC had no fault in a ten-page letter. It could have been twenty pages, but the facts remain the nexus between the death of the former Casey Mayor and the IBAC performance, and that of the Inspectorate must now be examined.
Whether the former Mayor was guilty of any criminal offences will never be tested or determined.
The actions of IBAC and the Inspectorate must be reined in, as nobody, irrespective of the crime, should pay the ultimate price, aggravated by the fact that the former Mayor was never convicted, so in the eyes of the Law is innocent, but that does not seem to apply to our corruption watchdog.
We regularly hear from the IBAC Commissioner that the lack of funds negatively impacts operations. Perhaps more reasoned and effective management decisions may alleviate some of his problems.
The adage of the farmer who thought a couple of scrubbers had gone rogue and jumped out of the cattle yard and headed bush is apt.
The farmer spent hours trying to find them to no avail. Returning to the yard, he finds the rest of the herd had escaped and headed bush. He had left the gate open. Most probably, the scrubbers walked out if they did at all? He would never find out.
We are aware that a specific Local Government Inspectorate is established to investigate corruption in Local Government that also has substantial powers. With the plaintive cry of IBAC over funding, perhaps if they had referred this matter to the Inspectorate responsible, this saga may not have been so drawn out.
Perhaps instead of chasing evidentiary ‘rabbits down burrows’, pursuing minor crimes and giving all the appearances of an organisation with a befuddled decision-making process and clearly incompetent investigation skills, a detailed independent examination of the whole Corruption administration must be undertaken as a matter of urgency because from what we have seen it just isn’t working for us, the ones that pay for the poor service and want corruption curtailed.
IBAC sent a draft copy of their investigation to the former Mayor, it would seem the contents contributed to her demise.
It is highly probable that this draft report was sent to elicit a response that could amount to admissions of guilt because they had insufficient evidence to charge her. It would make for an interesting read to see what put her over the edge.
These events highlight the need for an urgent independent review.
‘POWER ABUSED IS POWER THAT MUST BE REMOVED’.
by CAA | Feb 5, 2022 | Library, Uncategorized
6th February 2022
An anti-corruption probe has cast doubt over multiple convictions after a veteran police officer was charged with more than 80 offences, including lying to obtain a warrant. The Australian 2nd February 2022.
Did anybody else experience ‘Deja-Vu when reading this article?
The similarities between this case and the Gobbo affair cannot be dismissed save the size and length of time the crimes were committed and the ranks of the principal offenders.
This was another manifestation of Noble cause Corruption, arguably the worst type and the hardest to manage because it is being done for misguided ‘right’ reasons, or so the rationale goes. On that basis, often, the perpetrators gain misguided support from peers. Nevertheless, this corruption lowers the proponents of this strategy to the level of any other criminal, and that is generally a monumental fall.
“So-called noble cause corruption” is actually corruption of processes recognised and accepted by law and usually an attempt to pervert the course of justice – regardless of any standing or status of those who do it.
The other significant difference compared to the Gobbo matter is the upper echelons of Victoria police orchestrated the Gobbo affair. Still, according to the press statements, no senior Offices were involved in this case, at an operational level.
The investigation by the Professional Standards Command was effective, even identifying criminal activity by one of their own, and it is encouraging that both perpetrators have been charged with a raft of very serious crimes.
The Courts will now deal with the matter to ensure justice is done.
But the reports in the media did not indicate that the task of the investigators had not been completed as Noble corruption is a terrible blight on the organisation and needs to be eliminated. This criminal activity reportedly ran for three years, highlighting placid complicity or inaction by those responsible for supervising and managing the principal offender.
Victoria Police has a chain of command, and until the members in that chain take responsibility and are held to account for their actions and of their subordinate’s Noble corruption will rear its head again and again.
In this case, at least four ranks, including an Assistant Commissioner, superior to the perpetrator, were either inept or complicit by inaction.
They all have culpability and must be brought to account for their failures.
How can we, the community, expect to have faith in an organisation that does not make every effort to ensure these crimes are not repeated? A good place to start is the supervising function stream that will reveal the fault lines. Somebody would have to be aware of abnormal behaviour (excessive success rates compared to others) or have to authorise aspects of this perpetrator’s functions; if not, why not.
As reported, it would appear that Victoria Police did not find it necessary to seek independent legal advice before proceeding to charge the two police concerned. We would hope that this was not because of the lower rank of the perpetrators.
The crimes remain the same as those committed by many others in some of the recent high-profile cases, but it appears that if you have a higher station in life, your case is treated differently; that is not Justice.
That Lady Justice wears a blindfold is not accidental.
It is gratifying that perhaps Victoria Police have turned a corner, and in the future, it will not matter your station in life; if you have committed a crime, you will be charged.
The Courts will then decide your guilt as charged or your innocence.
Justice administered without fear or favour.
by CAA | Feb 2, 2022 | Library, Uncategorized
2nd February 2022
Media reports of Victoria Police launching a community-focused policing delivery model is heartening for the CAA. The CAA has advocated for this approach for many years.
Dating back to 2016, not long after the CAA was formed, we published the BluePrint document. https://caainc.org.au/the-blue-print-2/?doing_wp_cron=1643668280.3755130767822265625000
That five former executive Police published the document including no less than three retired Chief Commissioners, disappointingly the Police administration of the day did not even exercise the courtesy of an acknowledgement, let alone actioning the views of highly experienced former Police. They thought they knew best.
Like everything new, there are some identifiable shortcomings.
In the news, reference was made to reports that have to be submitted to, we assume measure effectiveness and participation.
Community Policing is mainstream policing and not a desirable accessory; the generation of more reports is the anthesis of community involvement effectiveness.
Making reports is not community policing and detracts from it. The time spent by Police in front of a computer screen must be addressed rather than added to, so Police have the time to engage with the community.
The introduction of information gateways will dramatically gift operational Police their most valuable resource, time to perform their proper function. The ability of contributors to the information malaise must be curtailed from hitting the send, ‘all’ button.
Micromanaging the program from on high is counterproductive when the only statistics that really matter are those already forming part of the quarterly crime statistics.
Inserting effective accountability at command levels will perform the task of ensuring the change in direction is embraced.
Victoria Police, to its credit, has announced and is implementing a Police schools program, but there is still another critical piece of the community Policing Model that has not been addressed.
One of the most successful Police community programs targeted directly at the youth cohort has been effectively knobbled by past police administrators.
The program was born in Victoria in 1976 and has been exported to all other States and Territories within Australia and a number of other countries. We invented something every other jurisdiction benefits from, except this State.
The misguided police administrations in Victoria that cancelled community Policing were not embarrassed, as they should have been, that the national program was embraced and nurtured in all other police jurisdictions except Victoria, where it started.
The program is Blue Light, and despite all efforts to close it down, it has survived against the odds.
That credit must go to the Blue Light Board.
But that is then, and now we must look forward and rebuild the Blue Light core function.
It will, however, fall to the Chief Commissioner to determine the effectiveness of the rebuild.
The incentives for Police to participate voluntarily must be reintroduced, and in return, Victoria Police will benefit from the positives that police-involved gain from this program as much as the community they serve.
There have been suggestions that Disco’s are no longer in vogue, but that is a myth, as any of the entrepreneurs in the Night Club industry will attest. Underage Disco is invariably booked out. Demand exceeds supply by a very large margin.
Give a child a chance to meet with their friends in a safe environment to enjoy their music and the social benefits (critical now in this post COVID era) and watch them flock to the opportunity.
Many of today’s youth had a parent who attended Blue Lights, so a favourable market exists ready for the opportunity.
The benefits to Victoria Police in a resurgence cannot be understated.
by CAA | Dec 16, 2021 | Library, Uncategorized
17th December 2021
Two of the three entities created to control Corruption have given up.
That is the most generous interpretation that can be applied to the report in the Herald Sun, 15th of December 2021, MPs urged to clean up parliament from corrupt behaviour, detailing views allegedly expressed by the Ombudsman Ms Glass, who coincidently is well regarded by the CAA, and the IBAC Commissioner.
They are seeking help from Parliamentarians to clean up Corruption. It is a questionable assumption that politicians all know about Corruption or imply they are involved in it.
Firstly inferring that politicians are corrupt as a class is sure to raise the ire of decent, hardworking politicians being tarred with the same brush. Secondly, this admission is an admission that the two agencies have failed – it cannot be interpreted any other way- exposing, fighting and charging the corrupt is their job.
The plaintive cry of the watchdogs reported,
“…the agencies admitted that new laws introduced after Labor’s redshirt scandal had not done enough to stop political parties from misusing public money for their political gain.”
Perhaps the watchdogs have not done enough – they blame the political parties. Parties or entities do not commit crimes; people do.
This admission is unbelievable, and given the legislation that already existed before the redshirts debacle, this is a terrible indictment on the agencies and their relevance or capacity to undertake the tasks they are charged with.
Both agencies should refresh or extend their knowledge of the Crimes Act 1958. They will find all the Powers they should ever need within those annals.
It is pointless for politicians to take action to solve the problem because some are the problem, and others clearly cannot expect support from the watchdogs that have admitted defeat.
The watchdogs have become just observers, not functionaries in the corruption arena.
It was not that long ago a politician used his issued government car to deliver goods for his hardware business, and he was charged and convicted. Fast forward, still preceding the Redshirts, and a Politician used his government allocated transport to ferry his dogs and was never charged. Why not?
The Crimes Act 1958 can be applied in that and the Redshirts Rort. And what about the Common Law charge of Misconduct in Public Office?
There are many other examples of corrupt conduct by both Politicians and bureaucrats, where the watchdogs have demonstrated there is just an inability or unwillingness to act, and now we know why – they have given up.
These agencies’ primary role is to investigate and where the legislation has been breached lay charges. It is not up to them to second guess the Courts; it is the Court’s role to determine guilt or innocence, not the watchdogs.
Time for a Truth and Integrity Commission willing to act in the public interest.
by CAA | Nov 16, 2021 | Library, Uncategorized
17th November 2021
Small Business Australia is currently undertaking a survey to gain a better and quantifiable understanding of community views on the COVID responses and the Political landscape. This non-partisan research is proudly supported by the CAA.
This research will help organisations like Small Business Australia and the CAA to better represent and understand the views of the broader community.
As an example, the survey has already identified that 90% of respondents support the CAA petition for the introduction of Recall to Victoria. 30,000 of your fellow Victorians have already put their signature to the issue at,
https://www.change.org/p/petition-to-the-legislative-council-of-victoria-give-democracy-back-to-the-people-with-recall-elections
Additionally, the data this research will produce will enable us to quantify your views when we express the views of the broader community.
The survey will only take a few minutes and is anonymous.
You can also elect to receive the outcome of the survey.
The CAA encourages you to undertake this survey at,
by CAA | Nov 12, 2021 | Library, Uncategorized
13th of November 2021
Recent events – recent in terms of Victorian history – have been ominous. A friend early on pondered whether the actions of the Andrews government threatened our democratic freedoms, and I naively thought not. But, upon reflection, I now share his concerns. Consider:
- We cannot get rid of even the worst government within less than four years.
- The Governor cannot sack the government without a recommendation by the Premier.
- Wartime-like restrictions, curfews, and lockdowns can be imposed by edict – supposed to be used only for stringent emergency and temporary use but actually imposed on us for world-record durations.
- Parliament, supposedly elected to represent us and protect us from tyranny, has been cut back by half. The government refuses to follow the laws and conventions on openness, accountability and honest dealing with the electorate.
- Public officials can conspire to injure citizens, throw them out of lawful employment and falsify “evidence” of criminal activity against them – without remorse, apology or explanation – and be protected by the organs of government.
- Members of the ruling elite can engage people at public expense to pursue those members’ private purposes in seeking election – and again evade the sanctions of the law under the protection of the organs of government
- Officials can spend $30 million of public money (for hotel quarantine) without any discernible record of who authorised this, what steps were taken to ensure the money went to a lawful supplier of the services sought, or even whether the supplier could reasonably be expected to do so.
- We can now – apparently – be compelled to get jabbed, twice, with chemicals we might personally object to, or be tossed on the scrap heap of social outcasts; locked out of work, milk bars, cafes, and footy grounds. (But judges are exempted.)
What has happened to what used to be perhaps the most liveable, most free, most robust society, with a Police Force that was renowned for Upholding the Right?
What has happened to our Democracy?
Actually, something like what happened in Germany between the first and second world wars – creeping tyranny.
The encroachments started in small ways as ours did; people stood quietly by, as we have. The despotic manipulators enjoyed adulation as “saviours” – and thus were perceived to be beyond accountability or scrutiny.
That, and worse, is what has been happening to Democracy in Victoria.
What is even more worrying than what has already happened is what is going to happen according to this government’s agenda.
Under a bill presently before the Parliament, the limitations of the temporary State of Emergency are washed away, and a new social management order would come into being.
The new bill is breathtaking in its grab for power, giving politicians the ability to quash dissention without any actual health issues, but merely the perceived threat – that is, perceived by those politicians.
And as reported in Lawyers Weekly this week (see ref. below):
“A damning letter opposing Victoria’s new pandemic legislation granting Premier Dan Andrews and the government “extraordinary powers” to rule the state without proper parliamentary oversight or the usual checks and balances has extended from 14 signatories out to 60, including Queen’s counsel and the Victorian Bar Association.”
Politicians, not public health officials, are to be given sweeping powers to declare pandemics and enforce public health orders for three months at a time, with “unlimited and practically unreviewable” power to rule the state by decree on a long-term basis.
The letter, circulated at the end of October, has since amassed support from another 46 Queen’s Counsel (QCs) concerned that the low threshold and extraordinarily broad definitions within the bill will make it “practically impossible” for an individual to challenge the merits of a public health order in court. Instead, if a person wishes to, they must reach a “very high bar” of establishing legal unreasonableness.
Under existing arrangements the emergency powers given temporarily to the Chief Health Officer are, at least theoretically, subject to checks and controls by elected officials, but it is plain that this government does not allow supposedly temporary and emergency powers to stand in the way of its casual, world-record, lockdown of the populace when it suits it.
Curfews are nothing compared to what faces us in the future.
“….we can expect a pandemic declaration to be in force for the foreseeable future. Thus, the minister’s power to make pandemic orders will remain in place for the foreseeable future,” the lawyers’ letter read.
Once a declaration is in place (the stroke of a pen) the only other requirement for the minister to make a public health order is that the minister must believe the order is “reasonably necessary to protect public health”. Not only is this threshold low, the QCs argued, but it is enough if the minister “subjectively believes that the order is reasonably necessary”.
This could allow orders that for the detention of persons, restriction of movement, regulating public or private gatherings, requiring the provision of information and requiring testing and medical exemptions of residents, say the lawyers.
THIS IS ALREADY HAPPENING
The bill also provides “extremely broad and unchecked powers on authorised officers” that include taking any action or giving any direction “that the authorised officer believes is reasonably necessary to protect public health”. It could mean an individual authorised officer will single-handedly have the power to shut down a political protest if the officer subjectively believes it is reasonably necessary.
“It is, in our view, no answer to these criticisms to say that the bill contains more safeguards than presently exists for the emergency powers under the Public Health and Wellbeing Act 2008. The emergency powers are just that – extraordinary powers that are available to be exercised for only a very short period,” the letter said.
“It is one thing to allow temporary rule by decree to deal with an unforeseen and extraordinary emergency in circumstances of extreme urgency. It is something else altogether to entrench rule by decree as a long-term norm. In our view, this is antithetical to basic democratic principles and should not be allowed to happen.”
The CAA would also highlight what we understand is a substantial increase in recruiting activity for Authorised Officers, as the Government /Premier is building their own Political Police wing (under the guise of health) with extraordinary powers that police officers cannot and should not have.
Interestingly, this Health Police Force is predominantly managed in its current form by former airline cabin Staff who the Premier rescued from the crash of the airline industry, with no training or qualification for their new role.
It is fascinating to observe the Premier defending his new push for power on the grounds that it increases “transparency and accountability” at the same time as:
- the government resolutely refuses to release the existing health advice and modelling given to it, and
- the government cannot even remember who brought about the hotel quarantine disaster that led directly to 800 deaths.
This legislation must not be allowed to succeed. https://www.lawyersweekly.com.au/biglaw/32999-legal-bodies-qcs-oppose-new-victorian-pandemic-bill
To support the CAA go to https://caainc.org.au/support-caa/
To receive direct notification of articles email ceo@gmail.com
by CAA | Nov 12, 2021 | Library, Uncategorized
13th November 2021
Recent events – recent in terms of Victorian history – have been ominous. A friend early on pondered whether the actions of the Andrews government threatened our democratic freedoms, and I naively thought not. But, upon reflection, I now share his concerns. Consider:
- We cannot get rid of even the worst government within less than four years.
- The Governor cannot sack the government without a recommendation by the Premier.
- Wartime-like restrictions, curfews and lockdowns can be imposed by edict – supposed to be used only for stringent emergency and temporary use but actually imposed on us for world-record durations.
- Parliament, supposedly elected to represent us and protect us from tyranny, has been cut back by half. The government refuses to follow the laws and conventions on openness, accountability and honest dealing with the electorate.
- Public officials can conspire to injure citizens, throw them out of lawful employment and falsify “evidence” of criminal activity against them – without remorse, apology or explanation – and be protected by the organs of government.
- Members of the ruling elite can engage people at public expense to pursue those members’ private purposes in seeking election – and again evade the sanctions of the law under the protection of the organs of government
- Officials can spend $30 million of public money (for hotel quarantine) without any discernible record of who authorised this, what steps were taken to ensure the money went to a lawful supplier of the services sought, or even whether the supplier could reasonably be expected to do so.
- We can now – apparently – be compelled to get jabbed, twice, with chemicals we might personally object to, or be tossed on the scrap heap of social outcasts; locked out of work, milk bars, cafes and footy grounds. (But judges are exempted.)
What has happened to what used to be perhaps the most liveable, most free, most robust society, with a Police Force that was renowned for Upholding the Right?
What has happened to our Democracy?
Actually, something like what happened in Germany between the first and second world wars – creeping tyranny.
The encroachments started in small ways as ours did; people stood quietly by, as we have. The despotic manipulators enjoyed adulation as “saviours” – and thus were perceived to be beyond accountability or scrutiny.
That, and worse, is what has been happening to Democracy in Victoria.
What is even more worrying than what has already happened, is what is going to happen according to this government’s agenda.
Under a bill presently before the Parliament, the limitations of the temporary State of Emergency are washed away, and a new social management order would come into being.
The new bill is breathtaking in its grab for power, giving politicians the ability to quash dissention without any actual health issues, but merely the perceived threat – that is, perceived by those politicians.
And as reported in Lawyers Weekly this week (see ref. below):
“A damning letter opposing Victoria’s new pandemic legislation granting Premier Dan Andrews and the government “extraordinary powers” to rule the state without proper parliamentary oversight or the usual checks and balances has extended from 14 signatories out to 60, including Queen’s counsel and the Victorian Bar Association.”
Politicians, not public health officials, are to be given sweeping powers to declare pandemics and enforce public health orders for three months at a time, with “unlimited and practically unreviewable” power to rule the state by decree on a long-term basis.
The letter, circulated at the end of October, has since amassed support from another 46 Queen’s Counsel (QCs) concerned that the low threshold and extraordinarily broad definitions within the bill will make it “practically impossible” for an individual to challenge the merits of a public health order in court. Instead, if a person wishes to, they must reach a “very high bar” of establishing legal unreasonableness.
Under existing arrangements, the emergency powers given temporarily to the Chief Health Officer are, at least theoretically, subject to checks and controls by elected officials, but it is plain that this government does not allow supposedly temporary and emergency powers to stand in the way of its casual, world-record, lockdown of the populace when it suits it.
Curfews are nothing compared to what faces us in the future.
“….we can expect a pandemic declaration to be in force for the foreseeable future. Thus, the minister’s power to make pandemic orders will remain in place for the foreseeable future,” the lawyers’ letter read.
Once a declaration is in place (the stroke of a pen) the only other requirement for the minister to make a public health order is that the minister must believe the order is “reasonably necessary to protect public health”. Not only is this threshold low, the QCs argued, but it is enough if the minister “subjectively believes that the order is reasonably necessary”.
This could allow orders for the detention of persons, restriction of movement, regulating public or private gatherings, requiring the provision of information, and requiring testing and medical exemptions of residents, say the lawyers.
THIS IS ALREADY HAPPENING
The bill also provides “extremely broad and unchecked powers on authorised officers” that include taking any action or giving any direction “that the authorised officer believes is reasonably necessary to protect public health”. It could mean an individual authorised officer will single-handedly have the power to shut down a political protest if the officer subjectively believes it is reasonably necessary.
“It is, in our view, no answer to these criticisms to say that the bill contains more safeguards than presently exists for the emergency powers under the Public Health and Wellbeing Act 2008. The emergency powers are just that – extraordinary powers that are available to be exercised for only a very short period,” the letter said.
“It is one thing to allow temporary rule by decree to deal with an unforeseen and extraordinary emergency in circumstances of extreme urgency. It is something else altogether to entrench rule by decree as a long-term norm. In our view, this is antithetical to basic democratic principles and should not be allowed to happen.”
The CAA would also highlight what we understand is a substantial increase in recruiting activity for Authorised Officers, as the Government /Premier is building their own Political Police wing (under the guise of health) with extraordinary powers that police officers cannot and should not have.
Interestingly, this Health Police Force is predominantly managed in its current form by former airline cabin Staff who the Premier rescued from the crash of the airline industry, with no training or qualification for their new role.
It is fascinating to observe the Premier defending his new push for power on the grounds that it increases “transparency and accountability” at the same time as:
- the government resolutely refuses to release the existing health advice and modelling given to it, and
- the government cannot even remember who brought about the hotel quarantine disaster that led directly to 800 deaths.
This legislation must not be allowed to succeed.
https://www.lawyersweekly.com.au/biglaw/32999-legal-bodies-qcs-oppose-new-victorian-pandemic-bill
by CAA | Nov 10, 2021 | Library, Uncategorized
10th November 2021
The re-emergence to prominence of the Red Shirts criminal artifice has come as quite a shock, mainly to the perpetrators, who had good reason to believe their crimes were well buried.
To the rest of us, guarded relief that the offenders involved in these crimes may, at last, be brought to justice.
That it has not happened thus far, reeks of corruption. gross incompetence or other impairments within the authorities designed to deal with corruption by those employed on our behalf to manage our State.
Strong suspects contributing to this inaction, apart from self -interest is warped ideology that spurs minions to not rock the boat and report corruption.
‘There are none so blind as those who do not wish to see.’
The Red Shirt ruse is only part of this story.
The corruption that intervened in the proper application of the Law will, however, become the bigger story.
If as opinionated by Herald Sun reporter Kieran Rooney (9/11/21) is accurate, Robert Redlich, the IBAC Commissioners, ‘jaw hit the floor’, when disgraced Labor MP Adam Somyurek dropped the bombshell that the Premier was aware of the Red Shirts rort
We will have to look more closely at the role and function of IBAC and the Commissioner.
We are not suggesting the allegations against the Premier are true, but our concern is the reaction of the Commissioner.
Through our contacts, from eminent legal practitioners to former executive police who had worked with Robert Redlich, the evaluation of his character was consistent. His integrity is of the highest order and he and would not bend to external influences, yet paradoxically, it would seem he was shocked by the evidence.
It seems incredible that the majority of the community has long formed the view that the Red Shirts program was criminal. The close association between the Red Shirts and the Premier demonstrated by the proliferation of media photographs of him proudly interacting with the participating Red Shirts, was too blatant to miss.
For the Premier to deny any knowledge of the artifice is challenging to accept and that, he was allegedly interacting, should not be a surprising revelation for the Commissioner. To be surprised by the allegations suggests, in the absence of any other explanation, that he has led an insular existence that has created a lack of understanding that the rest of us have grasped.
I don’t think anybody other than perhaps blinkered supporters of the Premier would accept he did not know.
Whether that knowledge extends to criminality is doubtful; however, those directly involved in falsifying documents and other nefarious activities must be held to account for the crimes they have committed.
In a civilised society, criminality cannot be allowed to be airbrushed away, whether involving the elite political class or the ordinary citizen. Doing so condones crime and can destroy democracy, it is that important to quell.
Much has been said about the amount of money paid back to the State by the Labor party over this fiasco. That repayment is an admission of guilt no matter which way you slice or dice it, and we would suggest it never would have been repaid had it not been exposed.
That this repayment in some ways mitigates; criminality is one of the greatest fallacies ever reported.
To give an example to understand the misinformation that has been proffered over this Red Shirts crime is a recent example in the community that gives context by disparity.
Recently reported was the story of a suburban mum who committed substantial fraud on her employer over some time and when confronted pleaded guilty to the offending.
Ironically and consistent with the Red Shirts issue this mum and her family went to extraordinary lengths to repay the poor victim the thousands stolen; however, she was sentenced to a minimum of a two-year jail for her crime.
Using the Red Shirts paradoxically, she should not have been charged, let alone convicted, as she paid the money back.
A rationale that should never be countenanced by any stretch.
Is this another example of one set of rules for the first and second estates and another for the third?
Let’s hope that the IBAC Commissioner will see through this fog and go after not only the perpetrators of the Red Shirts artifice but, more importantly, the facilitators that conspired to stymie prosecutions are arguably the greater criminals and their deeds must be exposed.
If we are ever to reign in corruption it is the facilitators that must be prosecuted.
The impact of corrupt leaders is to generate more corruption, and when they err, they must be held to account because if they are not, the next layer down sees it as acceptable, as explained by the Somyurek evidence. The corruption permeates down through the organisation, in this case, the State, a situation that is now evidenced in Victoria.
Unless this rot is arrested then the consequences become more dire for all of us.
The IBAC Commissioner will be judged by how he deals with this matter; or is our IBAC only good for prosecuting perpetrators for ‘Pillow Talk’?
To support the work of the CAA go to https://caainc.org.au/support-caa/
by CAA | Nov 7, 2021 | Library, Uncategorized
7th November 2021
There are some gross incongruities in the world of Police discipline; just ask some of the Police victims.
Over recent years one thing that has stood out in Police discipline meted out by either Vitoria Police Professional Standards Command (PSC) or matters investigated by the now-defunct Office of Police Integrity (OPI) or by the Independent Broad-based Anti-Corruption Commission (IBAC) is the blatant contradictions.
Take just two examples.
Most readers will remember the photographing and subsequent distribution of pictures of a well-known football identity arrested for stalking, dressed as a female.
It was interesting how the privacy breach of the stalking perpetrator overshadowed the despicable behaviour of stalking an innocent female victim by the media, IBAC and Police Command, ‘wokeness’ trumps the crime of stalking. The impact of that crime was diluted dramatically except for the victims.
It is important to note that there were many Police tracked and identified as either having received the images or distributed them further.
A raft of sanctions were imposed on those Police, including criminal charges, dismissal, and other penalties. But notably, they were all of lower ranks.
The CAA does not excuse the behaviour but is critical of the disproportionate outcome to the conduct identified.
Particularly when you consider that the offensive material distributed by the police members was targeted and generally remained internal.
Contrast that with former Assistant Commissioner Bret Guerin, the Commissioner in command of the PSC responsible for internal investigations into corruption and other discipline issues distributing vile and offensive comments, a criminal offence, trolling over many years under at least three pseudonyms on public media sites.
Subsequently admitting his guilt publicly in the media after being exposed, not by the corruption watchdog, but the CAA, working with other victims, but he was never charged or disciplined.
It should also be noted that Guerin would have been the primary conduit between IBAC and Victoria Police, and he was involved in criminality, unbelievable.
Critically, however, the main issue is that the Police involved in the distribution of photographs of the stalker under arrest were apparently all identified by the footprints left in the stratosphere of the internet.
Compare that investigation and outcome with the Guerin matter where there does not appear that any effort was applied to track down who the audience of the Troll were, or was it an embarrassment to identify his supporters.
Guerin’s behaviour stands out, and his crimes were substantially aggravated on a number of fronts, not the least his rank in the Victoria Police and his role as the gatekeeper of police discipline.
- Guerin was committing the crime of using a Carriage Service for menacing, harassing or offensive purposes which attracts a penalty of up to three years in jail. He committed this crime on multiple occasions and potentially others like Misconduct in Public Office for somewhere north of six years (that we know about). A recidivist criminal. And we suggest not likely to avoid jail if convicted. But to be convicted, one needs to be charged.
- The first formal complaint that we are aware of was made to the Chief Commissioner VicPol early in 2016, identifying the Internet Protocol Address (ISP) of the computers used to commit the crimes. Guerin left clumsy internet footprints everywhere.
- He initially got to investigate his own complaint.
- We are also aware of other issues related to similar indiscretions by him that, on our estimates, put the cost to taxpayer’s emanating from his blunders in the region of half a million dollars. Still, he gets to keep his super and have all his legal fees covered.
- If he is charged with these offences, the State could not, in good conscience, fund his defence, particularly given the cost he has imposed on the State thus far.
- As distinct from the case of the football identity stalker, no effort was made to identify or track co-conspirators in these Guerin crimes.
- IBAC is satisfied that no influence of the values expressed by Guerin swayed his work. We assume they deduced that by asking the perpetrator, No doubt the perpetrator would be honest and frank on that point.
- He never showed contrition.
- He received no sanction for his offending.
- The exposure of the stalker’s photos was short-lived, but the Guerin matter spanned many years, and it would be unfathomable to believe that there was not an audience with parallel views who Guerin was servicing or to whom he was playing. Because it is without question, being deprived of positive reinforcement and encouragement, this behaviour would have ceased years ago.
- Further aggravating the culpability of Guerin and confirming that his behaviour was no whim, he used three pseudonyms that we are aware of over the years. Vernon Demerest, Clive Howlett-Jones and Grange Calendar the actions of an unrepentant recidivist offender, not just somebody getting ‘a bit excited on a keyboard’, as described by Chief Commissioner at the time, Ashton.
- These crimes required planning, and Guerin would be dealing with these types of offences regularly, making the crimes more egregious and would be well aware of the offences and the penalties. Still, presumably, he, like most crooks, did not expect to get caught, particularly when any complaints would come across his desk.
- It was unbelievable that it was his embarrassingly inane mistakes that led to his exposure. With at least one other deliriously inept misstep by Guerin not publicly exposed.
Perhaps that is because of the who, rather than the what was done.
The CAA has previously expressed concern that there is a real possibility that an enclave of like-minded individuals, his mates, a ‘Jedi Council’, exists in the upper echelons of Police and elsewhere, which is very concerning.
The integrity of the many good officers in the upper echelons needs to be cleared of any suspicion that must indeed exist, that they are tarred with the Guerin brush.
A skilled detective will always rely on the OTT about crime and criminals.
There is no such thing as a coincidence.
Once – It could be a rush of blood, an opportunistic crime, or a random error of judgement. (categorising many of the members distributing the photograph)
Twice– It is not a coincidence; it is a pattern.
Thrice– Entrenched habitual recidivism(categorises Guerin).
It would appear that Guerin can turn on a very effective ‘charm offensive’, which he exercised at IBAC and was noted in their report. It clearly worked for him there. They were conned.
Another experience from practised Investigators,
Criminals invariably use the ‘charm offensive’ for two significant reasons.
Firstly- it may make the process tolerable, and if they can win over the Investigators, there is every chance they will put a good word in for them at court.
Secondly- they hope the investigators will only focus on the crime to hand, and the other offending may not be looked at. Their rationale is that it’s better to go down for what they (the investigators ) know rather than what they find out, as that will cause a whole heap more pain.
It makes you wonder about what Guerin may have been hiding.
The CAA calls on the Government to appoint a special investigator to examine the Guerin matter and determine why he was not charged with a series of criminal offences and whether there is a like-minded enclave.
According to the IBAC report, they seized and gained access to electronic data, so the evidence still exists.
A court should decide his innocence or guilt, not bureaucrats with a vested interest to limit damage or protect others.
by CAA | Oct 27, 2021 | Library, Uncategorized
27th October 2021
The latest Independent Broad-based Anti-Corruption Commission (IBAC) Special Report of Operation Turon into the activities of former Assistant Police Commissioner Brett Guerin is an extraordinary paradox.
Operation Turon lives up to its name, ‘Sliced bananas or other fruit rolled in a thin layer of pastry and deep-fried, served as a dessert or snack’ an apt description of the outcome of this investigation as far as Guerin is concerned, but leaves the victims wondering, ‘what does somebody have to do to be held to account?’
In his response to the IBAC report, Guerin showed little contrition for his behaviour. Throughout the report, as in his response, the Victims of this despicable behaviour did not receive any acknowledgement, let alone an apology from IBAC or, more pointedly, the Victoria Police.
That no criminal charges were laid is very concerning. At the time of his worst trolling, he was the Assistant Commissioner in charge of the Police Professional Standards Command (PSC) responsible for Police internal investigation. This certainly aggravated the behaviour substantially.
At the very least, a clear-cut breach of
Section 474.17(1) of the Criminal Code 1995 (Cth) (“the Code”), a person commits an offence if they use a carriage service in a way that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive. The “service” can include a fixed or mobile telephone service, an internet service, or an intranet service.
Additionally, there would seem to be another clear-cut case of,
Misconduct in Public Office applicable to at least the first reported complaint.
But of gravest concern to the CAA is the apparent lack of application of investigative skills to this Operation that is neither explained nor addressed. And the continued references to Assistant Commissioner Brett Guerin throughout the report is disingenuous.
Guerin lost his title the day he resigned. It is clear he would rather resign than face the humiliation he deserved. He ran to avoid accountability, and he should never have been allowed to retire.
It’s probably more interesting to look at what the investigation did not discover or what was not reported.
Guerin’s behaviour came to official notice when a complaint was lodged with VicPol and referred to IBAC in 2017.
We understand that a complaint was made by a Blogger who had identified the ISP numbers from a number of trolls by the Guerin pseudonym Vernon Demerest.
The blogger had identified one of the numbers as registered to Victoria Police Centre (VPC) and the other to a private address we presume to be Guerin’s.
VicPol, in the referral to IBAC, would indeed have included this information, or did they? Surely competent investigators would have spoken to all complainants and discovered the ISP addresses, if not passed on, or did they?
However, instead of investigating the matter, IBAC referred the case back to VicPol and surprise, surprise, it was referred to the then Assistant Commissioner Guerin, the head of Police Professional Standards (PSC). He could then investigate himself.
A response was sent to the complainant that there are hundreds of computers in VPC, and it would be impossible to identify who uses which computer.
That little gem we would have thought crossed the line into criminality, Misconduct in Public Office by Guerin, but not according to IBAC.
The not insignificant point that all police computers have to be logged on with a user ID escaped the detecting minds of those charged with that responsibility.
That IBAC did not find evidence that Guerin’s trolling and the vile racist, homophobic, etcetera trolls affected his decision making is extraordinary; obviously, they didn’t look too hard.
Reference was made to an incident that severe racially motivated rants at a police station abusing a senior sergeant’s ethnicity was somehow okay because Guerin said that it was. Guerin said it was taken out of context.
Somehow self-serving statements by a perpetrator are acceptable to be reported and relied upon – IBAC was conned.
That incident ended up with a substantial civil settlement to the Senior Sergeant.
Reading the report, other omissions are unbelievable.
There was the matter of a venue operator of ethnic heritage who was publicly shamed and libelled by Guerin on mainstream media. A Court in that case found in favour of the venue operator against the State (Guerin).
CAA is also aware of another settlement where racism was alleged by an applicant before a selection panel where Guerin was the convenor. Evidence was forwarded to VicPol that showed dishonesty and unprofessionalism by Guerin in the conduct of the selection. A human rights complaint was made. Again, this resulted in a significant settlement that VicPol had to pay.
So, there we have three non-Anglo’s suffering at the hands of Guerin’s decision making, coincidence? I don’t think so. It is a pattern of demonstrated criminal behaviour obviously ignored by IBAC.
The involvement of the CAA in this matter was that we identified the troll as Guerin. Not IBAC or VicPol.
Pilloried by former Chief Commissioner Graeme Ashton, Guerin, and another former Assistant Commissioner Fryer, the rhetoric espoused by Fryer in relation to the CAA and its Chairman Kel Glare appeared in written form under the name of Brett Guerin on our Facebook page.
The diatribe lasted only a short time before it was deleted when Guerin realised his mistake. Recorded by us before deletion, we were amazed to find another post within minutes with the identical diatribe, but under the name of Vernon Demerest, Guerin had blown it. What an idiot,
We had already advised Demerest that we knew it was a Police member and warned the author that the name would be blocked if the trolling continued.
With Guerin’s absurd behaviour, we delightfully responded to Demerest,’ We know who you are. It is a matter of professional standards. We doubt that Guerin would have been too concerned as he had already dodged the bullet once and would be confident his position would protect him.
This exposure was followed by a series of letters to the Chief Commissioner reporting the extent of the trolling, given that we had contact with a number of victims.
Had the CAA not identified Guerin, the trolling would have doubtless continued
Our correspondence of the 12th of April 2017 fell on conveniently deaf ears. We didn’t even receive acknowledgements, let alone any comfort the matter was being addressed.
With apparent inaction by authorities, working with investigative journalist Cameron Houston of the Age, who in turn Neil Mitchell of 3AW, the Chief Commissioner, was asked about the trolling on air, and his response was to dismiss the matter as trivial. Somebody was getting a bit excited on a keyboard.
Guerin was then exposed and came onto the Mitchell Show to admit his trolling and dismiss it as trivial.
The following day Houston wrote a detailed article exposing the extent and the content of the vile trolling. All the significant media mastheads ran the headline about Guerin’s exposure.
The next day Guerin resigned.
The IBAC investigation looks very ordinary when the facts are disclosed, particularly those omitted in their report.
The other glaring anomaly in the IBAC report is the gloss over of the length of time Guerin was trolling for the better part of a decade.
IBAC expects the people of Victoria to accept that a person can troll for that long, espousing the most vial references without them being what the perpetrator thinks? Does it seem IBAC may be accepting that the Guerin ultra-ego is somehow a different person?
Very convenient for the perpetrator and very concerning that this stuff can perhaps sway our Corruption Watchdog.
The other great anomaly in this investigation is that no real or reported effort was made to track down the other players in this artifice.
We are expected to believe that Guerin did not have other sympathisers, barrackers or willing recipients of his work egging him on. We are not that naive.
It is beyond reasonable belief that others were not identified given IBAC had access to all Guerin’s electronic devices, and each transmission sent or received leaves a footprint. Maybe IBAC investigators need some internet training.
It gives us no comfort at all as we have never discounted a theory of an ultraright wing enclave within VicPol fed by Guerin’s rants.
The reality is there is every chance of a ‘Jedi Council’. It has certainly not been discounted.
We have drawn the obvious conclusion that our so-called Corruption Watchdog is lucky to come up with a whimper, but we note they are pretty good at getting a conviction for pillow talk.
Unfortunately, the IBAC is largely a paper tiger when it comes to matters of substance, such as the ICook Foods, Slug-Gate fiasco
by CAA | Oct 20, 2021 | Library, Uncategorized
20th October 2021
The Opinion piece by Deputy Police Commissioner Rick Nugent in the Herald Sun on the 19th of October 2021 sets out the extraordinary and successful efforts that Victoria Police is applying to Youth Gang crime.
In so far as the effort is targeted from when a young person first comes to police notice, the work is very commendable but disappointing in its sphere of influence.
The CAA has long argued that by the time a child comes to police notice irrespective of the resources that may then be applied, for far too many, the prognosis for that child is that they will become a recidivist. The cycle is entrenched in them.
In short, ‘The horse has bolted’.
For every young person targeted and effectively removed from a gang either by sanctions or otherwise, a long line of willing aspirants anxiously waiting to fill the voids created.
Understanding and accepting that all young people are and quite properly aspirational is the key. It is a matter of guiding or influencing those aspirations characterised as ‘achieving social prestige and or material success’.
Therefore, the efforts of the Victoria Police in this context are too late. The more significant effect will be achieved if the contact is with the young people before entering the scene and coming to Police notice. We do not encourage the lessening of the operational efforts currently underway; they are essential.
The problem with the gang issue is cultural, and we do not mean culture based on ethnicity, although that may appear to be the case. The point is the culture of misdirected aspirations. And the solution, police having positive interactions with young people before aspirations influence their negative behaviours.
This will reduce the gang culture dramatically by addressing the supply side. It will also positively impact the crime and antisocial behaviour of teenagers more broadly.
We accept that the resource drain on Victoria Police during the Covid pandemic has been astronomical. Therefore, we understand the need not to pursue the Police In School Program (PISP) previously announced by the Chief Commissioner. It would have been pointless as schools went in and out of lockdown. However, as we come out of this pandemic, we would be encouraging the Chief Commissioner to re-establish that commitment so schools can plan their involvement.
While a PISP adequately resourced will have a positive influence, this will not occur overnight; the original programs influence after the closure took a number of years to bleed out of the system; similarly, the reintroduction will take time to have an effect. If past experience is any guide, the time frame of impact by the reintroduction will be relatively short.
Although the PISP was the cornerstone of Police influence on young people, many of the programs that have been mothballed also need to be revisited and built-in support of the schools’ program to increase its effectiveness.
Examples like the Blue Light Program have a role to play. Although there is some argument the core activity is not as popular as it was, that assumption is incorrect as the commercial sector, before Covid, had developed a market for underage Disco’s that they had trouble accommodating due to their popularity.
Blue Light Disco’s support and coordination with the PSIP program will have a dramatic and positive effect.
by CAA | Oct 20, 2021 | Library, Uncategorized
20th October 2021
The premier, Daniel Andrews, announced a new law recently – all those on a long list of private and public employees would have to be vaccinated or lose their jobs. The list included those employed in our courts.
Promptly the Chief Justice, Anne Ferguson, announced that judges (among many others) were not bound to obey that law, and the Premier agreed.
The judge’s ruling was not preceded by any complaint, hearing, or other process. It was not a ruling of the Court. So was she saying that judges are above the law? And did Premier Andrews then agree with that?
That would be absurd, of course. It has long been well known that our judges are not above the law. So we are left with the obvious conclusion that Dan Andrews’ “law” is not actually the law at all. He severely overreached himself – and he has agreed. In what other ways has the Premier overreached himself, announcing “laws” on the whim of himself or some faceless fool?
One example may be the curfew that has locked Victorians in their homes, to no apparent good effect (and even while the trains kept on running)! When a legal challenge was mounted the curfew was quietly abandoned, but so far as we know no apology was issued for the poor victims who had been fined in the meantime under the “curfew laws”. Outrageous unlawful “laws” that purportedly have been reinstated at the time of writing.
Much of what the beloved leader has done during this pandemic has been overreach; the deadly “hotel quarantine disaster” of 2019, which led to the deaths of 800 Victorians, reminds us of how the implementation of government policy can sometimes be neither sound nor sensible.
Some policies, becoming de facto “laws”, just go too far to be countenanced. Ask Justice Ferguson.
Mandatory vaccination policies might be seen as just going too far. The Premier’s “laws” have already wreaked economic havoc and saddled us with debts that our great-grandchildren will continue to bear. Deliberately putting even more people out of work to satisfy the drive for uniformity, as opposed to individuality, goes too far to be countenanced.
Ever heard of the Universal Declaration of Human Rights? We Australians have signed up for that; which means we signed up of the right to refuse to undergo medical treatments if we so choose. The writer, along with most of his friends and colleagues, is vaccinated. That was our choice. But we call the mandated vaccination program – and the policy to force people out of work if they choose to not be vaccinated – simply abusive and outrageous overreach.
by CAA | Oct 16, 2021 | Library, Uncategorized
17th October 2021
The Parliamentary Inquiry into the closure of ICook Foods, ‘Slug-gate’, has released its second report into this fiasco. As expected, it weighed heavily into the Health Department and Greater Dandenong Council. Adding substantial weight to the CAA call for Recall petitions for Government and Local Government at https://chng.it/R8HJ8Hk8
The report and all documents referred to in this article can be viewed at https://www.parliament.vic.gov.au/1001-lsic-lc/inquiry-into-the-closure-of-i-cook-foods-pty-ltd
The report produced fourteen findings and made five recommendations, and they are in addition to the findings and recommendations of the first report.
The Inquiry wisely steered away from delving into the alleged criminality in this matter. Doing so could compromise due process and risk the success of prosecution; however, they were clear on who should be addressing these issues. A view often expressed by the CAA.
Referring to a leaked Police Briefing Paper the Inquiry recommended-
“It recommended further investigation by Victoria Police to ‘identify any alleged corruption or misuse of office’. However, at the time of the brief, Victoria Police did not pursue the investigation further.
The concerns probed in the police brief are serious allegations which should be fully investigated. As stated in the first report, allegations of this nature call into question the integrity of Victoria’s food safety framework and the processes undertaken by regulatory authorities. “
The Chief Commissioner has announced a further Investigation after this initial Briefing Paper. However, the Victim is less than confident that this investigation is proceeding as he has only been advised that the new Investigators are compiling another report – not an investigation.
The area’s where we believe the Inquiry erred or was misled were-
In relation to the actual closing of ICooks by the Chief Health Officer.
A reference to ‘temporary closure’ of ICooks was, at best ‘disingenuous. The mechanics and processes adopted by Health Department and Greater Dandenong Council ensured that ICook Foods, no matter what ICooks did to address the claimed failures, many spurious; the closure Order was not lifted until well after the period that all current contracts held by ICooks moved into default and clients were forced to move to an alternate supplier decimating the ICooks business.
That process, by any measure, is corruption.
Ironically, and surprise, surprise, there was only one supplier left in the market capable of dealing with this influx, the Government-sponsored and dramatically financially inept basket case, called Community Chef.
Other businesses that would have been capable of dealing with the influx of work due to the closure of ICooks had previously ceased to operate in this space as a result of the entry into the market of Community Chef and their anti-competitive advantages and preferential treatment gifted them by Government making competition against them fraught.
Many of ICooks clients had previously moved to Community Chef after the fanfare of their entering the market but had moved back to ICooks before the Closure Order. This, in part, explains why the Community Chef was only operating at 25% capacity and bleeding rivers of cash.
It is where that river runs that is the key to this issue.
Although the Inquiry report referenced the Auditor General, why the Auditor General wasn’t tasked with examining the money trails of Community Chef when it is clear the motive of this artifice called Community Chef, cost us millions that are unaccounted for defies comprehension.
Where did the money go?
There is the matter of the not insignificant, not far short of $10 Million they borrowed from the ANZ Bank, which we the taxpayers have to repay.
Where did that money go?
How any Bank could possibly countenance a loan of that magnitude to a company with a nine-year track record of failure and as financially inept as Community Chef is again beyond comprehension. The circumstances of this loan and its disbursement need to be examined very closely.
Given the hoops, legitimate borrowers have to go through to get a few thousand dollars, let alone millions, raises some very serious questions as to the propriety and processes around that loan.
The stench of corruption lingers on this transaction.
Accounting trickery identified in the Pitcher Partners Report into the entity’s finances exposed the habit of annual depreciation being manipulated to lessen the annual losses.
The insolvency bullet was dodged by Community Chef by a $1m letter of comfort supplied to the entity by the Health Department- again, our money.
Accounting chicanery? Where was the Auditor General?
In fairness to the Inquiry, we do not believe the ANZ loan was adequately exposed to the Inquiry, and there is perhaps a very good if nefarious, reason to play this down by the bureaucrats involved.
Intelligence that we have been gathering as to the identity of suspected beneficiaries of this artifice is not inconsistent with other matters currently being scrutinised elsewhere; however, there is only one sure way to discover the truth. A Forensic Audit of the financial transactions of the companies that make up Community Chef, and a thorough investigation without fear or favour by Victoria Police.
IBAC may also have a role to play to examine allegations of Police corruption in this matter.
The air needs to be cleared, with the cards to fall, where they may?
That audit, we believe, will expose the true culprits and beneficiaries of both individuals and or other entities.
The unpleasant smell that lingers around this issue is that of something rotten.
The CAA will not be satisfied until the whole issue is properly investigated, and not just the offences committed against ICooks, but also those against the State of Victoria.
by CAA | Oct 15, 2021 | Library, Uncategorized
15th Ocrober2021
We have learned that the Andrews Government has appointed Mr. Graham Ashton to inquire into reported failings of the Emergency Services Telecommunications Authority – the 000 call takers. Surprising that they did not ask Ms Coate, who did such an outstanding job of finding out who was responsible for setting up the deadly Hotel Quarantine shambles last year.
Which reminds us of Mr. Ashton’s stellar performance record – the only qualification he brings to his new task:
He presided over the decision to NOT prosecute anybody arising out of the Red Shirts Rort. This was the infamous saga in which the Ombudsman, Ms. Deborah Glass found “Labor had created an artifice by paying casual electorate officers to work as part-time campaigners instead of carrying out electorate duties”. But under Mr. Ashton’s supervision and control Victoria Police said “no charges will be laid against any person” – a “very sad day for democracy in Victoria, (and) …a very sad day for the justice system”. (The Age, 15/10/2019);
He was in charge when the Victoria Police dismembered an honest police investigation into the “I Cook Foods” plot. Honest coppers have reported that before they were “re-assigned” under protest, they had found and reported upon clear evidence that several public officials had grossly misused their positions;
We remember also the awful, deadly, implementation of Hotel Quarantine “oversight” by untrained, unqualified and unsupervised so-called Security Guards – a decision that most fifth year constables would have recognised as doomed to failure from the outset and which constituted greatest single policy failure in the State’s history. According to The Guardian (9/10/20) then Chief Commissioner Ashton texted a message saying this was “a deal set up by the Department of Premier and Cabinet” but he reportedly could not remember, and he did not keep a diary – right?
Oh, and perhaps we should also recall the Lawyer X affair – this was not commenced while Mr. Ashton was Chief Commissioner, but certainly the disgraced Office of Police Integrity was closely involved in it – the OPI where Mr. Ashton was Director of Operations. Nothing wrong with the regulator being involved in the operations they were supposedly auditing is there? No conflict there? That affair has been officially labelled, by Vicpol, “a profound failure of policing” and Mr. Ashton fought for years to have it covered up while he WAS Chief Commissioner. That is to say, he was in charge of the multi-million-dollar effort to prevent the disclosure of “reprehensible conduct… and …. “atrocious breaches of the sworn duties imposed on every police officer” (High Court of Australia AB v CD; EF v CD)
We are confident Mr. Andrews will find Mr. Ashton’s ultimate report satisfactory.