19 August 2011

ACT Government - Corrupt or not corrupt what do you think? [With poll]

| PantsMan
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Now that our Chiefly-Miss suggests she is amenable to a review of the Public Interest Disclosure Act 1994, it may be time to consider how the ACT Government fares on the scale between corrupt and not corrupt.

Thorough shear happenstance, it appear that the ACT actually has an (unreformed) Freedom of Information Act, a quasi-Auditor-General, a Public Interest Disclosure Act, an Administrative Decisions (Judicial Review) Act, and an Ombudsman we borrowed from the Commonwealth.

Our former CM’s predilection with human rights did not extend to freedom from the tyranny of corrupt governments, and we don’t have anything even approaching an anti-corruption commission that can look at the decisions of ministers and the executive.

And it’s not like we’ve been without our fair share of debacles:

  • Rhodium Asset Solutions;
  • an Acting Revenue Commissioner prosecuted for obtaining money by deception; or
  • the departure of Neil Savery.

Then today I happened upon the astounding case of the former ACT Treasury FOI contact officer appealing an FOI decision about a refusal to release documents about her own public interest disclosure.

It all leads me to ask:

ACT Government

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It will of course, be difficult to prove any personal corruption. However, I think ACT Labor/Greens Gov’t is experiencing what I would call “process corruption”, because they have simply been in power here far too long. Their increasingly desperate political agenda flows through to the bureaucracy – as can be seen in the Auditor Generals report.

Another example is the MOU between ACT Labor and Unions ACT. Whats the payback by Unions ACT ? Simple – just look at the deluge of anti Liberal adds being run by Unions ACT and their influence on the procurement processes. In my view, thats another form of “corruption”.

I hope that the ACT Auditor General now spreads her inquiry into the rest of the ACT Govt – especially their public works and procurement programs.

As the Lib’s have said, there is certainly a stink around the ACt Labor/Greens Gov’t which I dont think they can rectify. The best solution is for the Lib’s to get elected and then find the skeletons in the closets and disclose them.

HiddenDragon4:39 pm 21 Oct 13

Based on anecdote (what else) I get the impression that some ACT laws exist more to bind and control the public, than to guide and govern the decisions and actions of those who are paid, by public funds, to administer those laws – natural justice seems, at times, to be a particularly malleable, subjective and conditional thing. To the extent this is so, it is hardly surprising in a small, relatively close-knit town, governed by a unicameral legislature with fixed four year terms, “served” by a rather comfortable, lethargic media, and with an electorate which tends to lean strongly to one side of the political divide.

Also, having worked for the ACT Government, it is readily apparent that it lacks the kind of oversight that minimises corruption and misuse of public funds in the Federal public service.

Over-use of contractors, dodgy contracts and tenders, nepotistic appointments, and plain old staff bloat caused by the retention of chronic bludgers – the kind of stuff that is seen in the ACT Government wouldn’t last 5 seconds in a Federal department.

PorkChops said :

I voted yes based on my knowledge of what happened with Revolve.

Same here. Corruption.

I voted yes based on my knowledge of what happened with Revolve.

pajs said :

Seriously, if you think the ACT Government is too inept to stop dangerous dogs from looking at you funny, do you really think they would have the competence to run a ‘secretive social engineering offensive’ without the word getting out?

They do it all the time. I think the word is out, just not in those words, and not quite as systematically as proposed. It shows in the tone of comments from time-to-time.

morticia said :

What about covert corruption like manipulating public opinion by having public servants, party members and the like posting on these forums to sway public opinion. Surely this propaganda is just as damaging to government transparency as anything else they do. I’ve seen cases on these Riot Act forums where nobody but government insiders would have some of the information or comments been posted on here. Clearly we have ACT government (via employees) conducting their own secretive social engineering offensive on almost every issue on these forums. Similarly with the liberals on these boards, too much insider knowledge to be outsiders. I propose Riot-ACT have a little authentic tick icon next to registered members who declare themselves part of the ACT public service or political parties. Wouldn’t be too difficult to find out right now who is posting from ACT legislative or ACT government servers, just by IP address I guess.

But your cunning plot may have the unintended consequence of revealing that you and Pantsman are one and the same person.

Seriously, if you think the ACT Government is too inept to stop dangerous dogs from looking at you funny, do you really think they would have the competence to run a ‘secretive social engineering offensive’ without the word getting out?

What about covert corruption like manipulating public opinion by having public servants, party members and the like posting on these forums to sway public opinion. Surely this propaganda is just as damaging to government transparency as anything else they do. I’ve seen cases on these Riot Act forums where nobody but government insiders would have some of the information or comments been posted on here. Clearly we have ACT government (via employees) conducting their own secretive social engineering offensive on almost every issue on these forums. Similarly with the liberals on these boards, too much insider knowledge to be outsiders. I propose Riot-ACT have a little authentic tick icon next to registered members who declare themselves part of the ACT public service or political parties. Wouldn’t be too difficult to find out right now who is posting from ACT legislative or ACT government servers, just by IP address I guess.

Thoroughly Smashed10:37 am 24 Aug 11

It’s easy to claim a politician who’s been involved in a debacle is corrupt, but it’s more likely that they’re merely inept, unless there’s good evidence to the contrary. cf. Hanlon’s Razor.

While it’s probably not officially corruption, the close relationship between the government and developers might explain why the truly shoddy quality of the houses being built in some new developments is allowed to occur. It seems to be an under-regulated industry that could do with a decent shake-up and I can’t see this government being willing to do it.

fairgo4all said :

If you have voted NO, that ACT is not corrupt, then the propaganda and cover-ups have been and is being successful. YOU would be viewed as a good mushroom.

Propaganda? I didn’t realise Goebbels had been hired for the Ministry of the ACT Government!! No, i’ve just been to countries where they’d laugh at the concept of an FOI and probably throw you in jail. Bit of perspective is all.

Now we hear the ACT Government thinks it’s in contempt of court over withholding documents from the TAMS whistle-blower’s public interest disclosures.
http://www.canberratimes.com.au/news/local/news/general/acts-contempt-charges/2268316.aspx

Here’s the definition from the PID:
Disclosable conduct
(2) (a) conduct of a person (whether or not a public official) that adversely affects, or could adversely affect, either directly or indirectly, the honest or impartial performance of official functions by a public official or government agency; or
(b) conduct of a public official that amounts to the exercise of any of his or her official functions dishonestly or with partiality; or
(c) conduct of a public official, a former public official or a government agency that amounts to a breach of public trust; or
(d) conduct of a public official, a former public official or a government agency that amounts to the misuse of information or material acquired in the course of the exercise of official functions (whether for the benefit of that person or agency or otherwise); or
(e) a conspiracy or attempt to engage in conduct referred to in paragraphs (a) to (d).

I hadn’t heard the one about replacing the word corrupt with ‘disclosable conduct’.

If you have voted NO, that ACT is not corrupt, then the propaganda and cover-ups have been and is being successful. YOU would be viewed as a good mushroom.

For those who say No please read the definition of corruption in section 4 of the Public Interest Disclosure Act ACT 1994 ( the word ‘corrupt’ was defined in the original bill in 1994 but altered to ‘disclosable conduct’ when the Act was put in place) The word corrupt is used in section 9 q (1) of the Public Sector Management Act 1994 which came in at the same time- the definition relying on s3 and 4 of the PID Act 1994.

If there was no corruption why wouldn’t the ACT Greens ( see their governance platform on their website) and ACT Stanhope (now Gallagher) government already have in place, Best Practice Public Interest Disclosure ACT. The ACT PID Act is rated at 48.4% best practice (BP) Mr Stanhopes Government tried to roll this back with a bill in 2006 rated at 37.3% BP. Source (http://www.griffith.edu.au/__data/assets/pdf_file/0003/151329/final.pdf)

Why don’t we have BP in our Public Interest Disclosure ACT and why have the ACT Greens ignored calls for help from a Whistleblower despite their governance platform?

Ask yourself if there is no corruption why isn’t the Government open and transparent to the people who employ them?

Why don’t we, the people, have a say as to who is appointed to the Judiciary to ensure a separation of powers as the Constitution intended, and ensure accountability for senior corrupt public officials?

Why, if there is no corruption do we have secrecy laws prohibiting public servants from speaking out to alert the public of ‘corruption” including serious and substantial risks to the health and safety of the public, public wastage etc? In NSW whistleblowers can go to the press or members of parliament if the corrupt conduct is covered up under their Act. http://www.austlii.edu.au/au/legis/nsw/consol_act/pida1994313/s19.html

All ACT Public Servants have a statutory duty to disclose corrupt conduct. This is kept in house, ‘confidential’; a recipe for corruption to flourish, as it has. When these PS and or others speak out they are all too often crushed. I have witnessed this first hand, the bullying, intimidation, harassment negligent misinformation, deceit etc to conceal this disclosable “corrupt” conduct including by the Ombudsman’s Office.

Please read psychiatrist Dr Lennanes papers:
Battered Plaintiffs – injuries from hired guns and compliant courts http://www.uow.edu.au/~bmartin/dissent/documents/Lennane_battered.html
Abuse of Medical Assessments to Dismiss Whistleblowers http://www.uow.edu.au/~bmartin/dissent/documents/psychiatry.html

My experience shows, in the ACT it is impossible to find a law firm to expose ACT Government and or Comcare before the Courts and uphold the Human Rights and dignity of those brave persons who do speak out in the public interest. As Justice Evatt said words to the effect, if you can’t exercise your human rights through the courts you don’t effectively have any.
There is overwhelming evidence of widespread corruption as defined by this legislation, including:
1- the accommodation of crime by ACT Policing ( the rape and abduction of a child by a 35 year old drug dealer well known to the police and the intimidation of witnesses and successive accommodation of this by ACT Attorney Generals) S 3 & 4 PID ACT 1994 (conduct of a public official, a former public official or a government agency that amounts to a breach of public trust; Corrupt conduct includes: “public wastage” which means conduct by a public official that amounts to negligent, incompetent or inefficient management within, or of, a government agency resulting, or likely to result, directly or indirectly, in a substantial waste of public funds, other than conduct necessary to give effect to a Territory law. S3 PID Act 1994
2- There is widespread evidence of the accommodation of Child abuse in the ACT and the intentional and or inadvertent doctoring of statistics. See definition in 1 above;
3- Serious breaches of Occupational Health and Safety by ACT Government and or its agencies, effectively ignored by ACT Workcover ( which as there own commissioner conceded this may pervert the course of justice), cover up, lies, discrimination and deceit by persons in positions of power. The use of Comcare to escape accountability for these “crimes’ (please see the old OHS ACT1989, which was repealed by the Stanhope Government days before the last election for political advantage (my political opinion).
Please do not be a Mushroom this is not a matter of comparing one bad country with another. As Justice Kirby stated to me at an Amnesty International function at Parliament House Canberra – “the cost of freedom is eternal vigilance”.

We need stronger protections for whistleblowers in the ACT and for the first time Federal Protections and in all Australian states and Territories and a national public interest advocacy centre to help expose corruption and protect the brave Australian who have the backbone to speak out for our benefit. In the USA these brave people are looked upon as heroes and rewarded. What happened to Australias belief in a fair go and mateship?

Call on the ACT Greens ( see there governance policy which they have not complied with) to work with the Liberals to amend our current Public Interest disclosure ACT 1994, to ensure best practice. I believe the Gallagher Labor Government and the unions will not want this to happen. Hopefully this response shows people there are being deceived.

As Edmund Burke stated:
All it needs for evil to flourish is for people of good will to do nothing.
Source: http://www.whistleblowers.org.au/

whitelaughter said :

I spent 6 years working in ACT Admin. I voted corrupt.

Ahhhh, the memories.
* Cabinet submissions that said: “We like these people (usually Labor Clubs), lets give them some free land.” Public benefit analysis anyone?
* Confidential taxpayer information (like how much tax was paid last year by each ACT club) provided to Cabinet so that they could pick tax schedules that would not hit Labor Clubs. Is that unlawful given the privacy provisions in the tax laws? Who knows, and more importantly, why are you asking!
* Rampant bulling and harassment.
* Senior staff who say: “We get a new Chief Executive every couple of years. We just run dead on anything they try to do until they give up and leave. That’s how we force them out and stay in control.”
* Very interesting accounting treatments. What’s $60 million per annum?
* People with Phds being ‘moved aside’ in favour of people who did not finish high school (and who are therefore quite unlikely to ask any meaningful questions), then given nothing to do until they leave.
* Statutory compliance optional.
The list goes on and on…

There have been clear signs of corruption for some years wherever the govt and developers interact.

Eg, the power station in Tuggers. I’m sure lots of (predominantly northside) people are sick of that whole issue (seeing it did not directly affect them) but that land was flogged off at a bargain price and the rest of the process was very dodgy and untransparent. It smelled, very, very badly.

Similarly, the crematorium (no one minds the idea of a cemetery, per se, but there is no need for another crem – the whole shebang is all about having a crematorium the government can ‘manage’, as opposed to the private one in Mitchell). Money, money, money. What’s that saying, ‘the love of money is the root of all evil’?

whitelaughter1:06 am 21 Aug 11

I spent 6 years working in ACT Admin. I voted corrupt.

I’d say extremely inefficient, with little corruption.

There are certain areas i am aware of that have severe over-employment. Imho you could half the workforce in the public sector and still get the same amount of work done. inb4 someone argues that all APS workers are hard working.

Grossly incompetent yes; corrupt (in the Berlusconi / developing country meaning of the word) probably not. Though I wouldn’t be surprised if in future years there system of developer donations to ALP and Coalition was found to constitute corruption. And, who knows, there could be other individual cases involving developers and govt officials yet to be uncovered.

It beggars the mind that so much bad, inappropriate development is occurring in the ACT of late — corruption would explain it. But so would a government and bureaucracy hopefully out of its depth, with the right arm not talking to the left and neither talking to the community in any meaningful way. The latter is the simpler and more likely explanation. Now to actually do something about it …

I’ll agree that it’s not corrupt. It suffers greatly from having a Government that is about 10 years past its used by date and in desperate need for new faces, better policies and new ideas.

Pantsman one has to realise that many of the commentators here either work, have worked, or have a family member or friend working for the A.C.T. Government and until a person has walked, witnessed or been on the receiving end of the A.C.T. Government’s corruption, one knows nothing.

Yes there are areas of the A.C.T. Government that are corrupt.

I chose not to complain or draw attention to the fact over the years allowing Karma and certain government staff to learn from their deception.

Incompetence was irrelevant in every incident.

You know the saying ‘every dog has its day’!

Inefficient yes, corrupt no.

I agree with the comments on quite minor roadworks taking forever, but I suspect that this is due to the government starting more projects than it actually has the workforce to complete within a reasonable time frame.

Here is the definition of “public official” from the NSW ICAC Act:
“public official” means an individual having public official functions or acting in a public official capacity, and includes any of the following:

(a) the Governor (whether or not acting with the advice of the Executive Council),

(b) a person appointed to an office by the Governor,

(c) a Minister of the Crown, a member of the Executive Council or a Parliamentary Secretary,

(d) a member of the Legislative Council or of the Legislative Assembly,

(e) a person employed by the President of the Legislative Council or the Speaker of the Legislative Assembly or both,

(f) a judge, a magistrate or the holder of any other judicial office (whether exercising judicial, ministerial or other functions),

(g) an officer or temporary employee of the Public Service or the Teaching Service,

(h) an individual who constitutes or is a member of a public authority,

(i) a person in the service of the Crown or of a public authority,

(j) an individual entitled to be reimbursed expenses, from a fund of which an account mentioned in paragraph (d) of the definition of “public authority” is kept, of attending meetings or carrying out the business of any body constituted by an Act,

(k) a member of the Police Force,

(k1) an accredited certifier within the meaning of the Environmental Planning and Assessment Act 1979 ,

(l) the holder of an office declared by the regulations to be an office within this definition,

(m) an employee of or any person otherwise engaged by or acting for or on behalf of, or in the place of, or as deputy or delegate of, a public authority or any person or body described in any of the foregoing paragraphs.

I think (c) and (d) would cause a bit of trouble here in the ol’ ACT.

This a Labor government Right!

Why is the ACT Government beyond reproach? We are wedged between corrupt NSW pollies and councils and a federal government whose prime minister gives her full support and our cash to protect her house of cards to prop up an ex union hack who either used or failed to adequately secure his corporate card causing Comrades money to be spent on prostitutes .

Wonder why we don’t have an ICAC in the ACT?

The problem with unchecked fraud is that it becomes an OH&S issue. The more it is swept under the carpet, the more likely someone is liable to trip over it.

Wow,

Does that NSW ICAC definition describe Stanhope’s actions in trying to neuter the Bush Fire enquiry as corrupt, or what?

The NSW ICAC definition of corruption appears to be more relevant:
corruption is … deliberate or intentional wrongdoing, not negligence or a mistake. It has to involve or affect a NSW public official or public sector organisation. While it can take many forms, corrupt conduct occurs when:
* a public official improperly uses, or tries to improperly use, the knowledge, power or resources of their position for personal gain or the advantage of others
* a public official acts dishonestly or unfairly, or breaches public trust
* a member of the public influences, or tries to influence, a public official to use his or her position in a way that is dishonest, biased or breaches public trust.

That second point is the real kicker. It doesn’t have to be for personal gain.

On that basis, there would have to be corrupt individuals in the ACT Government – just because they are human beings and fallible. Someone listed some examples before. We could all add a few more if we thought about it.

The answer to the broader question of ‘is the ACT Government corrupt?’ can be found in the ACT Government’s response to the actions of these individuals, or to honest individuals who try to stop dishonest actions (or poor administration). This is where the OP’s list of debacles and the note about the Treasury FOI comes in, as does the saga of the TaMS whisteblower, or other instances of cover-ups of wrongdoing. [stopping here to avoid getting defamatory]

An easy example is in the comments on this site when the government does something vindictive, and people shrug and say ‘what do you expect’. Getting even is a misuse of public office.

People are confusing corruption with incompetence, inefficiency, poor judgement, making mistakes, secrecy etc.

If you look at a definition http://encyclopedia.thefreedictionary.com/Corrupt+politics
you see that there needs to be private gain (for themselves or associates).

What evidence of corruption is there?
What private gain is achieved?
Mysteryman, what are these “their own interests” ?

The closest I could see is that they take actions to get themselves re-elected, as all politicians do.

Saying the ACT government is corrupt when you simply don’t like the decisions they make is an insult to people living with real corruption!

shirty_bear said :

Mysteryman said :

I think they are “corrupt” in the sense that I feel they are serving their own interests, rather than that of the constituency. They do an outrageously poor job of representing us. More often than not they appear to be completely out of sync with the general population of the ACT, making decisions that are questionable at best, and foolish/irresponsible at worst.

Well played, sir. Nearer incompetent than truly corrupt. Not sure which I’d prefer …

Absolutely. They should also grow some nuts.

what_the said :

This seems to be a fairly recent thing I’ve noticed, like in the last 5 years or so. I dont know if they’ve over stretched the resources or what’s going on, but it seems all roadworks take a bloody eternity to finish, and every time you go past them there’s barely a handful of workers??

Obviously more workers = quicker job. But where do you find suitably skilled (or unskilled) workers in Canberra? They got rid of the Raiders reserve grade*

(not a dig at the Raiders, but most of those guys were builders labourers when not training)

FioBla said :

I’m a bit new to Canberra. My observation is that public works seems to take a long time to complete. I live in the Woden/Weston Creek area, and go to Civic occasionally. That intersection of Melrose and Hindmarsh is taking ages (started in May?), for what appears to be a few S-bends in the pedestrian crossing, and rounding off the corners.

The other one is the bike cage at Lyons. I took a picture on the 25th June weekend of its concrete foundations. It should be functional sometime in August. Does it really take almost 2 months to build a shed with an electronic door?

Yesterday I was cruising around the city, and the works on the south side of Alinga Street (between Marcus Clarke, and Moore) is still on-going.

This seems to be a fairly recent thing I’ve noticed, like in the last 5 years or so. I dont know if they’ve over stretched the resources or what’s going on, but it seems all roadworks take a bloody eternity to finish, and every time you go past them there’s barely a handful of workers??

Mysteryman said :

I think they are “corrupt” in the sense that I feel they are serving their own interests, rather than that of the constituency. They do an outrageously poor job of representing us. More often than not they appear to be completely out of sync with the general population of the ACT, making decisions that are questionable at best, and foolish/irresponsible at worst.

Well played, sir. Nearer incompetent than truly corrupt. Not sure which I’d prefer …

I’m a bit new to Canberra. My observation is that public works seems to take a long time to complete. I live in the Woden/Weston Creek area, and go to Civic occasionally. That intersection of Melrose and Hindmarsh is taking ages (started in May?), for what appears to be a few S-bends in the pedestrian crossing, and rounding off the corners.

The other one is the bike cage at Lyons. I took a picture on the 25th June weekend of its concrete foundations. It should be functional sometime in August. Does it really take almost 2 months to build a shed with an electronic door?

Yesterday I was cruising around the city, and the works on the south side of Alinga Street (between Marcus Clarke, and Moore) is still on-going.

I’ve lived in countries with more overt (or is it covert) corruption compared to Australia: e.g. signs at government offices saying “please take a receipt if you make a payment” which is a tacit headshake against bribery, or paying a policeman money upfront for running a red light etc. In Canberra, this sort of behaviour may be absent, but maybe lack of efficiency has been institutionalised, which may be just as bad.

I voted corrupt, but only because it was closer to the actual answer I had in mind than the alternative option.

I think they are “corrupt” in the sense that I feel they are serving their own interests, rather than that of the constituency. They do an outrageously poor job of representing us. More often than not they appear to be completely out of sync with the general population of the ACT, making decisions that are questionable at best, and foolish/irresponsible at worst.

I don’t believe they are “corrupt” in the sense of law breaking/taking bribes. Some of their decisions make me think they are probably one step short of actually receiving suitcases full of cash… but they aren’t behaving like FIFA, or the IOC.

neanderthalsis10:34 am 19 Aug 11

Incompetent, negligent, out of touch with reality and generally stoopid, yes. Corrupt, not really (I haven’t tried to buy off any holders of public office in the ACT recently though).

I think the QLD National Party Govt under Jo Bjelke- Petersen sets a pretty high standard for government corruption closely followed by the former NSW Labor govt under their many leaders.
The difference between the two being QLD under Jo was a state where things got done and he started the conversion of Brisbane from a backwater into a thriving city and turned the Gold Coast into a tourist haven where NSW was driven into the ground.

Corrupt compared to where? I’ve been to some pretty corrupt countries where governments are bought, as are police, etc. which would make any corruption in ACT govt look postively miniscule.

Without a doubt there is corruption in our local council. All we can hope for is more transperancy to allow this to be better disclosed to the public.

No more corrupt than any other western democracy. I don’t think you can really fit the ACT Gov’t into either of these options as it really is a shade of gray…

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