Showing posts with label Commonwealth Ombudsman. Show all posts
Showing posts with label Commonwealth Ombudsman. Show all posts

Monday, 8 April 2013

Section 37 ICAC Act/ Senator Doug Cameron/ Corruption

This is the NSW Corruption Act.

 The Australian Federal Government has failed to  implement  a similar institution. 

Senator Xenaphon called on the  Federal Government  create something similar.

It is clearly obvious why the labor Government would not appreciate  a similar corruption watchdog.

Last week it was exposed  by  ICAC that Senator Doug Cameron ensured that the corrupt Ian Macdonald was reselected. Senator Cameron was clearly made aware the Ian Mcdonald was corrupt.

The Federal Government relies on the Commonwealth Ombudsman  and Australian Public Service Commission to expose  corruption.  Clearly the statistics  demonstrate that  instead of exposing this, they  are in fact covering it up

INDEPENDENT COMMISSION AGAINST CORRUPTION ACT 1988 - SECT 37

Privilege as regards answers, documents etc

37 Privilege as regards answers, documents etc


(1) A witness summoned to attend or appearing before the Commission at a compulsory examination or public inquiry is not entitled to refuse:
(a) to be sworn or to make an affirmation, or
(b) to answer any question relevant to an investigation put to the witness by the Commissioner or other person presiding at a compulsory examination or public inquiry, or
(c) to produce any document or other thing in the witness’s custody or control which the witness is required by the summons or by the person presiding to produce.
(2) A witness summoned to attend or appearing before the Commission at a compulsory examination or public inquiry is not excused from answering any question or producing any document or other thing on the ground that the answer or production may incriminate or tend to incriminate the witness, or on any other ground of privilege, or on the ground of a duty of secrecy or other restriction on disclosure, or on any other ground.
(3) An answer made, or document or other thing produced, by a witness at a compulsory examination or public inquiry before the Commission or in accordance with a direction given by theCommissioner under section 35 (4A) is not (except as otherwise provided in this section) admissible in evidence against the person in any civil or criminal proceedings or in any disciplinary proceedings.
(4) Nothing in this section makes inadmissible:
(a) any answer, document or other thing in proceedings for an offence against this Act or in proceedings for contempt under this Act, or
(b) any answer, document or other thing in any civil or criminal proceedings or in any disciplinary proceedings if the witness does not object to giving the answer or producing the document or other thing irrespective of the provisions of subsection (2), or
(c) any document in any civil proceedings for or in respect of any right or liability conferred or imposed by the document or other thing.
(5) Where:
(a) an Australian legal practitioner or other person is required to answer a question or produce a document or other thing at a compulsory examination or public inquiry before theCommission or in accordance with a direction given by the Commissioner under section 35 (4A), and
(b) the answer to the question would disclose, or the document or other thing contains, a privileged communication passing between an Australian legal practitioner (in his or her capacity as an Australian legal practitioner) and a person for the purpose of providing or receiving legal professional services in relation to the appearance, or reasonably anticipated appearance, of a person at a compulsory examination or public inquiry before the Commission,
the Australian legal practitioner or other person is entitled to refuse to comply with the requirement, unless the privilege is waived by a person having authority to do so.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback

Sunday, 11 December 2011

Commonwealth Ombudsman scam /commonwealth Ombudsman scam

How very funny!!!!
Alan Asher was forced to resign at the end of October because his unethical behaviour was exposed.
Now Alison Larkins is continuing is legacy.
Did she learn nothing from the Alan Asher experience or was she part of the problem that brought him down!!!!!!!!!!!
She has now done a deal with ITSA to coverup systemic misconduct by senior Management at ITSA. She would be doing the same at ASIC.
She should be referring this to the Attorney General as required .
What is the connection .................. the Attorney General appoints the Ombudsman and  the Ombudsman only investigate 20% of complaints in the Attorney generals Portfolio.. How very funny!!!!!
Whats going on??????

Commonwealth Ombudsman

Instead of  exposing misconduct in Government departments the Commonwealth Ombudsman are doing deals to cover it up . They were given extensive evidence of systemic misconduct at ITSA. The file was 750 pages. The breaches of the bankruptcy Act was instigated by the principal Legal Officer Matthew Osbourne  and protected by the Inspector General, Veronique Ingram. You cant get any higher than this.
Alison Larkins and Diane Merryfull still did a deal to cover this up.
This should have been reported to Robert McClelland. The Commonwealth Ombudsman by failing to expose it has allowed it to flourish.
There is absolutely no one that regulates ITSA.
Bankruptcy Regulation clearly do not.
The same would be happening in other departments.
This is why Senator John Williams is wasting his breath. The Commonwealth Ombudsman are allowing this scam to continue.
The Commonwealth Ombudsman would be protecting ASIC and doing deals to cover this up.