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Rockdale Council Developments Investigation Issues and Implications for Councils

Rockdale Council Developments Investigation Issues and Implications for Councils. Mr Mal Brammer APM Executive Director, Strategic Operations Independent Commission Against Corruption.

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Rockdale Council Developments Investigation Issues and Implications for Councils

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  1. Rockdale Council Developments Investigation Issues and Implications for Councils Mr Mal Brammer APM Executive Director, Strategic Operations Independent Commission Against Corruption

  2. `Unfortunately, many police organisations around the world have only ever undergone improvement and reform following some external pressure or review. Such a process is known as the `Scandal Reform Cycle’. A police organisation is shamed through public exposure of corruption and/or maladministration; significant reform is introduced; a period of quiet follows; and then the next scandal is uncovered’ Robinette 1991

  3. Organisations dealing with scandals: “She’ll be right mate, it’s no longer a problem, they fixed it, it’s gone away” Organisations dealing with corruption: Like painting the harbour bridge – a task with no beginning and no end Local Council Code of Conduct: Decisions to be made “solely in the terms of public interest. We will not do so in order to gain financial or other benefits for us our our family”

  4. The Devil in Development – a historical perspective • 1991 ICAC public report • Suborning, soliciting and offering of payments to public officials • Practices relating to donations to political parties • Ill-defined ‘lobbying’

  5. `But if there is a form of payment that can be made, and accepted, without fear from the law or from public opinion, then there is an obvious threat to fair and honest government. There is a risk that if nothing is done now to address the problem, donations to political parties will fill that role’ Assistant Commissioner Adrian Roden, 1991 - parallels with the exposures of Rockdale Council

  6. Corruption Prevention – Taking the Devil out of Development • 2000-2001 – extensive ICAC research • June 2001 research report – identified corruptions in development applications as one of the four major corruption risks • First “Taking the Devil out of Development” discussion paper released November 2001 • Putting people in the picture • Systems issues • Challenges faced by councillors

  7. Corruption Prevention – Taking the Devil out of Development Around the same time, ICAC started investigating Rockdale Council and the administration of development applications Interim report issued early May 2002 Second paper released late May 2002

  8. Corruption Exposed – a trophy or an aberration? • Public report into Operation Trophy – conduct of certain Rockdale Council councillors, developers and others involved in Development Applications • Findings of corrupt conduct • False and misleading evidence given • Recommendations of criminal prosecutions • Systems ‘presence’ poorly implemented and managed

  9. Corruption Exposed – a trophy or an aberration? • Shifted the emphasis of our corruption prevention project: • From risks affecting councillors • To risks in development application process • Issues needing attention: • Political donations • Binding caucus votes on DAs • Conflicts of interest • How councillors influence staff

  10. Catching up with the Devil at Rockdale When investigating crime and corruption “cast the net wide” Solicitation of bribes is a secretive process Vital that identity of all engaging in corrupt activities be established ICAC investigation generated an overwhelming weight of evidence

  11. Catching up with the Devil at Rockdale • Full and extensive use of a number of ICAC’s powers: • Covert electronic surveillance • Broadened technological capacity • Additions to Commission skill sets • Provide public with greater insight into behaviour involved

  12. Challenges to the Management of the Investigation Challenges regarding ongoing development applications Risks to the investigation balanced against community interests Development applications proceeding would risk development by corrupt means Doubts over consent with law as it stood (now addressed through changes to the law)

  13. Challenges to the Management of the Investigation • Challenge to “sort the hay from the chaff” • Identify and profile development sites to determine if they were sites of interest • Used information from: • Council’s website • Inside sources within Council • ICAC’s own knowledge of local government

  14. What are the resulting future implications for Councils? • Could have happened at any other Council • Could happen again in the future • Meaningful reform requires contribution and support of stakeholders • Pressing issues: • Identifying and managing conflicts of interest • Caucus voting on developments • Transparency and scrutiny of political donations

  15. What are the resulting future implications for Councils? Complex issues requiring thoughtful, considered discussion ICAC to release a series of recommendations for further reform Parliament passed legislation to suspend a Councillor pending dismissal for serious conduct

  16. What are the resulting future implications for Councils? Legislation also allows Commissioner to recommend consideration of dismissal of whole Council if systemic corruption exists Commissioner may recommend planning administrator and suspension of any developments – gives option to covertly investigate Development Applications through to the grant of consent

  17. Some philosophical thoughts for the future Growth of corruption not a sudden aberration Not a passing problem or problem of our times Affects the innocent as much as the guilty Full account of the environment considered `Devil in developments’ is anything but a passing phase of history

  18. Some philosophical thoughts for the future Commission of inquiries do not provide lasting solutions Robust and active strategies required for a fundamental and lasting approach Everyone shares that responsibility If we do not listen we do not learn, if we do not seek we do not find and if we do not use knowledge we cannot improve integrity and manage corruption risk

  19. Some philosophical thoughts for the future Outcomes will occur through robust, determined and effective leadership at the sector corporate level Corruption resistance in local government is about building organisational integrity It is a leadership responsibility to bring policies and practices to life

  20. Some philosophical thoughts for the future `The light that brings the long awaited storm to whirl the fleet about from prow to stern, and set it sailing a straight course again. Then from the blossom shall good fruit come forth’. The Divine Comedy (1308) Dante Alghieri

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