Mark Findlay's conversation with Veronique Ingram
RE..
Decision by Steve Sedgwick that Agency Heads and Department Heads no longer are responsible or need to comply with the APS Code of Conduct.
Inquiries to
steve.sedgwick@apsc.gov.au 
karin.fisher@apsc.gov.au
0262023846
After careful consideration and consultation with the Management Advisory Committee and according to the relevant legislation, the Australian Public Service Commissioner Steve Sedgwick has made a landmark decision that Agency and Department Heads are no longer responsible and accountable for the breaches of the Code of Conduct in their Government Agencies. Also, the Commissioner has found that Agency Heads or Department Heads no longer are bound to uphold a high ethical standard.
If, according to the APS Act the Agency or Department Heads is no longer accountable or responsible for upholding the code of conduct, all employees under this act are also not required to comply with the Code of conduct.
This decision will have far reaching ramifications and impact on how Agency Heads view their responsibilities and duties.
This decision by Steve Sedgwick would also have an impact on the Financial Management and Accountability Act for which Senator Penny Wong is responsible.
In the financial year 2010-2011 the Commissioner made 32 similar decisions. These are briefly mentioned in the Australian Public Service Annual Report though there appears no real indication on the process of how this was reached. A request under FOI has been launched to determine how this decision was made.
All matters of breach of Code of Conduct in the judicial system and the APS tribunal should refer to this decision and the Legal profession should make a careful note of it
It is also unclear whether the Prime Minister and the Public Service and Integrity Minister , Gary Gray were consulted in this decision.
It can only be assumed this decision has been made to streamline the Australian Public Service Act.
The removal of this section of the Act and the responsibility it carries can only be beneficial to the budgets of Commonwealth Government Agencies.
It would appear from the Commissioners decision Agency and Department Heads are no longer required to comply with “ Any Australian Law” as in S13(4) of the Code of Conduct . Section 44 of the FM&A Act would no longer require compliance with any Australian Law.
FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997 - SECT 44
Promoting proper use etc. of Commonwealth resources
(1) A Chief Executive must manage the affairs of the Agency in a way that promotes proper use of the Commonwealth resources for which the Chief Executive is responsible.
Note: A Chief Executive has the power to enter into contracts, on behalf of the Commonwealth, in relation to the affairs of the Agency. Some Chief Executives have delegated this power undersection 53.
(2) In doing so, the Chief Executive must comply with this Act, the regulations, Finance Minister's Orders, Special Instructions and ANY OTHER LAW.
Steve Sedgwick was given extensive evidence of the behavior at the Insolvency Trustee Service Australia for which Veronique Ingram is responsible.
Evidence was given to the APS Commissioner of systemic corrupt corrupt conduct by senior management in this Government department .It was also brought to the attention of the commissioner that Mark Findlay ( Manager Bankruptcy Regulations) wrote a misleading report which was circulated to Government officials on the conduct of Florence Choo, who at the time was deputy Official receiver NSW and Act. It was latter revealed that Mark Findlay had been fucking her. Steve Sedgwick concluded he did not consider this to be a conflict of interest or a breach of honesty. He also found that the Agency Head could not be held accountable for senior Management misleading the public.
All Australian Laws and policies will now have to be updated to make exemptions for Agency and department Heads.
The Commissioner found in particular that the Acting Commonwealth Ombudsman Alison Larkins had no primfacea case to answer by doing deals with other government Agencies to cover up misconduct. It is also unclear who instructed Alison Larkins to do this and whether the Prime Minister and the Attorney General have been involved.
PUBLIC SERVICE ACT 1999 - SECT 13
The APS Code of Conduct
(3) An APS employee, when acting in the course of APS employment, must treat everyone with respect and courtesy, and without harassment.
(4) An APS employee, when acting in the course of APS employment, must comply with all applicable Australian laws. For this purpose, Australian law means:
(a) any Act (including this Act), or any instrument made under an Act; or
(b) any law of a State or Territory, including any instrument made under such a law.
(5) An APS employee must comply with any lawful and reasonable direction given by someone in the employee's Agency who has authority to give the direction.
(6) An APS employee must maintain appropriate confidentiality about dealings that the employee has with any Minister or Minister's member of staff.
(7) An APS employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment.
(9) An APS employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS employment.
(a) inside information; or
(b) the employee's duties, status, power or authority;
in order to gain, or seek to gain, a benefit or advantage for the employee or for any other person.
(11) An APS employee must at all times behave in a way that upholds the APS Values and the integrity and good reputation of the APS.
(12) An APS employee on duty overseas must at all times behave in a way that upholds the good reputation of Australia.
(13) An APS employee must comply with any other conduct requirement that is prescribed by the regulations.
Steve Sedgwick determined that Agency heads are no longer required to act honestly or with integrity as in S13(1)
**
The commissioner has found it is no longer necessary or required to act with care and diligence in the course of APS employment as required in S13(2)
** The Commissioner found that it is no longer necessary for Agency Heads to comply with any Australian Law. He found this in particular for Veronique Ingram Inspector General Insolvency Trustee Service Australia and the Commonwealth Ombudsman Acting Agency Head Alison Larkins
(4) An APS employee, when acting in the course of APS employment, must comply with all applicable Australian laws. For this purpose, Australian law means:
(a) any Act (including this Act), or any instrument made under an Act; or
(b) any law of a State or Territory, including any instrument made under such a law.
In General Steve Sedgwick concluded The Insolvency Trustee Service Australia and the Commonwealth Ombudsman had no obligation to comply with the relevant Laws they are responsible for
(7) An APS employee must disclose, and take reasonable steps to avoid, any conflict of interest (real or apparent) in connection with APS employment.
Mr Sedgwick was made aware that Mark Findlay Fucking the Deputy OR NSW and ACT and then writing a misleading report to protect her was also reasonable and not a breach of the Code of Conduct S13(7)
The commissioner found that S13(7) was no longer necessary and therefore APS employees did not comply with this section. He found that Mark Findlay Manager Bankruptcy Relations did not have a conflict of interest when he wrote a misleading report on a complaint of misconduct by Florence Choo, Deputy Official Receiver NSW and Act. Steve Sedgwick failed to find it a conflict of interest that Mark Findlay had been fucking her.
(9) An APS employee must not provide false or misleading information in response to a request for information that is made for official purposes in connection with the employee's APS
Steve Sedgwick found it is entirely reasonable for the principal Legal Officer of a Department to write a misleading report to the then Prime Minister Kevin Rudd. The commissioner felt that exposing misconduct in a Government Agency would not be looked favorably by the Government, so taking this into consideration this was reasonable.
The Commissioner has also concluded that there is no right of review of this decision under the Australian Public Service Act, however, on a question of Law it may be possible to have this important decision reviewed in the Federal Magistrates Court.
The following websites for the Federal Magistrates Court and the Magistrates Court may be accessed at www.fedcourt.gov.au and www.fmc.gov.au
It is unclear how this decision was reached by Steven Sedgwick, Australian Public Service Commissioner, as he has failed to reply to requests on how he could reach such a flawed assumption. It appears that the Commissioner may be suffering from delusions and requires urgent medical intervention to correct an underlying condition.
For further information all inquiries should be forwarded :
Steve Tomlin
Client Engagement
Australian Public Service Commission
16 Furzer Street
Phillip ACT 2606
Client Engagement
Australian Public Service Commission
16 Furzer Street
Phillip ACT 2606
Tel: (02) 6202 3526
Fax: (02) 6264 5153
Fax: (02) 6264 5153
Email: steve.tomlin@apsc.gov.au
Posted 1 minute ago by bankruptcy coverup by ombudsman
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