12th October 2021
Misconduct in public office is broadly defined. It can be any conduct by a public sector employee which is unlawful or fails to meet the ethical or professional standards required in the performance of duties or the exercise of powers entrusted to them.
Misconduct generally occurs when a public officer abuses authority for personal gain, causes detriment to another person or acts contrary to the public interest.
Following the notorious “Red Shirts Rort” heavily criticised by the Ombudsman where Labor paid back $388.000.00 of money rorted from the public purse, and where no criminal charges were brought, we are now faced with another major Labor scandal involving Branch Stacking.
Counsel assisting IBAC, Chris Carr SC, told the current inquiry there was evidence of systematic rorting of taxpayer resources in the Labor Party, and Branch stacking which strikes at the very heart of our democratic system of government.
Carr’s direct quote: “One would not have expected that the misuse of public officers for political purposes would have continued after the Ombudsman’s report was published in March 2018, “he told the inquiry.”
Federal Labor MP Anthony Byrne told the inquiry his staff were performing factional work during the day, while they were being paid by the taxpayer.
A claim that this is not unlawful fails any test. Clearly those engaged are prima facie guilty of misconduct in public office under the definition set out above.
Are those responsible for this rort to be again excused? Surely time to put those responsible before a court of law. Or are politicians a protected species to whom the law does not apply?
The Community Advocacy Alliance Inc. demands that no, “Get out of jail free” card be played in this matter and that prosecutions be brought against those involved in the public interest.
They all should be made to lose all there entitlements payback all the money and more heads need to roll. And to be jailed. No of them care about the small person its all about them this is why our country is so stuffed.
Just to unpack the definition of Misconduct in Public Office a little further, the Court of Appeal in The Queen v Huy Vinh Quach [2010] VSCA 106 ruled that the elements of the offence are:
(1) a public official;
(2) in the course of or connected to his public office;
(3) wilfully misconduct himself; by act or omission, for example, by wilfully neglecting or failing to perform his duty;
(4) without reasonable excuse or justification; and
(5) where such misconduct is serious and meriting criminal punishment having regard to the responsibilities of the office and the officeholder, the importance of the public objects which they serve and the nature and extent of the departure from those objects.
Interestingly one of the Court of Appeal justices in this case was Justice Redlich who is now presiding over the current IBAC hearing.
In the Quach appeal the justices went on to add to the definition of misconduct in public office by observing:
“Any charge must be tailored to the particular circumstances of the case. It will generally be desirable that the trial judge emphasise the notion that the conduct must be so far below acceptable standards as to amount to an abuse of the public’s trust in the office holder. As in the case of criminal negligence, and offences such as culpable driving and dangerous driving, it is recognised that it is necessary to distinguish the conduct sufficient to attract criminal sanction from less serious forms of conduct which may give rise to civil proceedings. Accordingly it would also be desirable if the trial judge explained that in stating that the conduct must be sufficient to attract criminal punishment, a distinction is being drawn from less serious forms of conduct which may give rise to civil proceedings.”
It seems to me it’s one law when it comes to politicos & another for the broad community!!!
This must stop NOW!!!!
It’s been going on far too long.
Justice must be done.
The fish tots from the head!!!!
The Victorian state government have bee rotting at the core for a long time now. They continuely get away with rort after rort to the point that they are openly brazen about it and arrogantly dismiss any body holding them to account , from sham enquiries to timid insipid media reporters.
Lets hope the this enquiry has the fortitude to hold government to account , including Danial Andrews .The fish always rots from the head
Hi My Friends,
Anybody pushing the Covin agenda or anything else should jailed and the key thrown away with No ongoing pensions! How these people continue to get away with the crimes has to tell you our courts are also very corrupt. I do believe the only way we can get out of this mess is ever group should join together elect a leader and then go after everyone of them. And if we could get Marshall Law back in that would be a great start. For the Treason they have done to our once great Nation.
Cheers
Terry
I would say “recall election” too.
And to think these crooked clowns have been in charge of running this state and our country off a cliff into the abyss over this covid mess. I’d wager 100:1 that it would be like shooting ducks in a barrel to investigate for bribes and the like, from foreign interests to this bunch of deplorables. What a disgrace.
To add insult to injury, these ‘alleged’ fraudsters have locked us in our houses for the last 2 years on the basis of – what can only be described as – fraudulent claims. Their actions around branch stacking delegitimise the authority under which they claim to govern.