Definition of Corrupt Conduct

Definition of Corrupt Conduct

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.

a criminal offence, or

a disciplinary offence, or 

constitute reasonable grounds for dismissing or otherwise terminating the services of a public official, or

Corrupt conduct

(1) For the purposes of this Act, corrupt conduct is any conduct which falls within the description of corrupt conduct in either or both of subsections (1) and (2) of section 8, but which is not excluded by section 9.

(2) Conduct comprising a conspiracy or attempt to commit or engage in conduct that would be corrupt conduct under section 8 (1) or (2) shall itself be regarded as corrupt conduct under section 8 (1) or (2).

(3) Conduct comprising such a conspiracy or attempt is not excluded by section 9 if, had the conspiracy or attempt been brought to fruition in further conduct, the further conduct could constitute or involve an offence or grounds referred to in that section.

8 General nature of corrupt conduct

(1) Corrupt conduct is:

(a) any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official, any group or body of public officials or any public authority, or

(b) any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions, or

(c) any conduct of a public official or former public official that constitutes or involves a breach of public trust, or

(d) any conduct of a public official or former public official that involves the misuse of information or material that he or she has acquired in the course of his or her official functions, whether or not for his or her benefit or for the benefit of any other person.

(2) Corrupt conduct is also any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the exercise of official functions by any public official, any group or body of public officials or any public authority and which could involve any of the following matters:

(a) official misconduct (including breach of trust, fraud in office, nonfeasance, misfeasance, malfeasance, oppression, extortion or imposition),

(b) bribery,
(c) blackmail,
(d) obtaining or offering secret commissions,
(e) fraud,
(f) theft,
(g) perverting the course of justice,
(h) embezzlement,
(i) election bribery,
(j) election funding offences,
(k) election fraud,
(l) treating,
(m) tax evasion,
(n) revenue evasion,
(o) currency violations,
(p) illegal drug dealings,
(q) illegal gambling,
(r) obtaining financial benefit by vice engaged in by others,
(s) bankruptcy and company violations,
(t) harbouring criminals,
(u) forgery,
(v) treason or other offences against the Sovereign,
(w) homicide or violence,
(x) matters of the same or a similar nature to any listed above,
(y) any conspiracy or attempt in relation to any of the above.

(3) Conduct may amount to corrupt conduct under this section even though it occurred before the commencement of this subsection, and it does not matter that some or all of the effects or other ingredients necessary to establish such corrupt conduct occurred before that commencement and that any person or persons involved are no longer public officials.

(4) Conduct committed by or in relation to a person who was not or is not a public official may amount to corrupt conduct under this section with respect to the exercise of his or her official functions after becoming a public official.

(5) Conduct may amount to corrupt conduct under this section even though it occurred outside the State or outside Australia, and matters listed in subsection (2) refer to:

(a) matters arising in the State or matters arising under the law of the State, or

(b) matters arising outside the State or outside Australia or matters arising under the law of the Commonwealth or under any other law.

(6) The specific mention of a kind of conduct in a provision of this section shall not be regarded as limiting the scope of any other provision of this section.

9 Limitation on nature of corrupt conduct

(1) Despite section 8, conduct does not amount to corrupt conduct unless it could constitute or involve:

(a) a criminal offence, or
(b) a disciplinary offence, or

(c) reasonable grounds for dismissing, dispensing with the services of or otherwise terminating the services of a public official, or

(d) in the case of conduct of a Minister of the Crown or a member of a House of Parliament—a substantial breach of an applicable code of conduct.

(2) It does not matter that proceedings or action for such an offence can no longer be brought or continued, or that action for such dismissal, dispensing or other termination can no longer be taken.

(3) For the purposes of this section:

"applicable code of conduct" means, in relation to:

 

(a) a Minister of the Crown—a ministerial code of conduct prescribed or adopted for the purposes of this section by the regulations, or

(b) a member of the Legislative Council or of the Legislative Assembly (including a Minister of the Crown)—a code of conduct adopted for the purposes of this section by resolution of the House concerned.

"criminal offence" means a criminal offence under the law of the State or under any other law relevant to the conduct in question.

"disciplinary offence" includes any misconduct, irregularity, neglect of duty, breach of discipline or other matter that constitutes or may constitute grounds for disciplinary action under any law.

(4) Subject to subsection (5), conduct of a Minister of the Crown or a member of a House of Parliament which falls within the description of corrupt conduct in section 8 is not excluded by this section if it is conduct that would cause a reasonable person to believe that it would bring the integrity of the office concerned or of Parliament into serious disrepute.

(5) Without otherwise limiting the matters that it can under section 74A (1) include in a report under section 74, the Commission is not authorised to include a finding or opinion that a specified person has, by engaging in conduct of a kind referred to in subsection (4), engaged in corrupt conduct, unless the Commission is satisfied that the conduct constitutes a breach of a law (apart from this Act) and the Commission identifies that law in the report.

(6) A reference to a disciplinary offence in this section and sections 74A and 74B includes a reference to a substantial breach of an applicable requirement of a code of conduct required to be complied with under section 440 (5) of the Local Government Act 1993, but does not include a reference to any other breach of such a requirement.

Commonwealth Ombudsman defends corrupt conduct

Commonwealth Ombudsman defends systemic corrupt Conduct at ITSA.

How very funny................ The Commonwealth Ombudsman has defended systemic corrupt conduct by the Insolvency Trustee Service Australia because I refused to give them $5,000 after I was made aware of their deliberate actions that breached the Bankruptcy Act and the Australian Public Service Act......

What the Fuck............. I should have given $5,000 to ITSA when I was aware of corrupt Conduct by senior Management at ITSA.

Does Alison Larkins need to see a psychiatrist?????????????

Commonwealth Ombudsman Audit Committee Email to ANAO

Hi Erica,
I am now looking for the names of the  people on the Commonwealth Audit Committee as I am unable to find them on their Annual Report. If the ANOA is not aware of who they are could you please advise me where I might find them
 Also you have failed to reply to my email dated Thursday 12th January 2012.
I am absolutely astounded at the amount  of resources being used to cover up my complaint and the level of corrupt conduct that I now am aware of and have evidence of.
 It is obvious that the Auditor General and ANAO  is  failing in its responsibility.
Thanking you
Fiona Brown

Letter to luke Phelps Commonwealth Ombudsman

Commonwealth Ombudsman still attempting to coverup corrupt Conduct 

Dear Luke,

I have received your letter today.

Again the Commonwealth Ombudsman  is attempting to try and coverup my complaint.

I will put it simply to you.............

I gave extensive evidence of the corrupt conduct by senior management at ITSA. You have told the Commonwealth Ombudsman believes that breaches of Australian law is acceptable by Commonwealth Agencies.

I remind you of the APS Act and the MFA Act both  by which the Commonwealth Ombudsman is bound

I also note you failed to supply me with a list of the shortcomings of ITSA identified by the Commonwealth Ombudsman.

 The Commonwealth Ombudsman have continuously attempted to close this matter and coverup systemic corrupt Conduct by Veronique Ingram and senior Staff . 

Under the FMA Act s46 Veronique Ingram was to form an Audit Committee. Part  of this committee is Adam Toma.  The Commonwealth Ombudsman was given evidence of systemic corruption by the National Manager Regulations and Enforcement. So the Commonwealth Ombudsman is protecting this conduct in very high places

The Commonwealth Ombudsman has made a decision to cover this up. If you covered it up at ITSA then the Commonwealth Ombudsman is covering up systemic corruption in all Government Agencies.

 What a deep hole of Shit Alison Larkins is getting herself into.

She will be fortunate to hold her position after this is finished. I Do not think it looks good on the internet that the acting Commonwealth Ombudsman is prepared to cover up corrupt conduct

I will remind you again that the Ombudsman is required under section 15  of the Ombudsman to report  systemic corruption  to the Attorney General.

Penny Wong/Corrupt Conduct on the Audit Committee

Penny Wong
Federal Finance Minister
11th January 2012

 

 

re. corrupt conduct on the Audit Committee

Dear Penny,
The Financial Management responsibility of Heads of Agenceies are set out in the Financial Management and Accountability Act 1977.

Section 46 of this Act requires the Agency Head to establish an Audit Committee.
Section 44 of this  Act also requires the Chief Executives to comply with the FMA Act, the Regulations , the Finance Ministers orders and ANY OTHER LAW.
I understand the Insolvency Trustee Service Australia and the Commonwealth Ombudsman are subject to this Act.
I will deal with the Insolvency Trustee Service Australia first.
Veronique Ingram is aware of the systemic corrupt conduct of senior staff at ITSA. These include Mathew Osbourne Principal Legal Officer, Mark Findlay Bankruptcy Regulations, Julie Padgett NSW Manager BFI Cheryl Cullen and Adam Toma National Manager Enforcement and Regulations.
Far from discouraging this behaviour Veronique Ingram has  decided  Adam Toma ishould be  on ITSA's internal Audit Committee. The Audit Committee is a requirement under the FMA Act.
This allows the systemic corruption to continue and commit fraud against the Commonwealth by deliberate breaches  of the Bankruptcy Act.

I will now deal with the Commonwealth Ombudsman.
As I have already said section 44 of the FMA Act requires Agency Heads to comply with all Australian Laws.
The Commonwealth Ombudsman was given extensive evidence of systemic corrupt conduct at ITSA. On the 11th November 2011 the Acting Commonwealth Ombudsman Alison  Larkins and Diane Merryfull Senior Assistant Ombudsman had a meeting with ITSA.
Instead of rporting this conduct to the Attorney General as required under Section 15 of the Ombudsman Act the Commonwealth Ombudsman did a deal with ITSA to cover this up.
This cannot be seen to be proper practice under the FMA Act.
Who audits the Audit Committee when Veronique Ingram is aware Adam Toma on the Audit Committee is promoting systemic corruption and assisting bankrupts who fail to comply with their responsibilities under the Bankruptcy Act??.
Also where is the Accountability of the Commonwealth Ombudsman who also cover up systemic corrupt conduct.
As finance minister, under S44 you have the powers to make thes agencies comply with the FMA Act and request you do so.
I would appreciate ackknowledgement of this and a quick response.

I also will put this letter on the internet.

Yours sincerely

 Fiona Brown

Who is Auditing the Auditors at ITSA??????

Who is Auditing the Audit Committee at ITSA???

The National Manager Enforcement and regulations is promoting corrupt conduct .

Of course the other committee members on ITSA audit Committee would be aware of this would . If one is guilty of corrupt conduct they all would be.

This is the audit committee at ITSA........

• Mr Peter Kennedy PSM (Independent Chairman) – July to September 2010
• Mr Peter McQuoid (Independent Chairman) – September 2010 – June 2011
• Adam Toma (National Manager, Trustee Services and Audit Committee Member) –
  July 2010 – June 2011
• Pat Tragauer (Business Manager, Information and Registries and Audit Committee Member) – July 2010 – June 2011
• Andrew Robinson (National Manager, Information and Registries and Audit Committee Member) – January to June 2011.
  You cannot use S134(3) to justify misconduct and breaches of the Bankruptcy Act. This is a breach of the APS Code of Conduct.
  
• Veronique Ingram is aware of this conduct by Adam Toma on the Audit Committee. Why is she not putting a stop to this?????????
  
• Is Adam Toma blackmailing her?????????????????
  

Is Adam Toma blackmailing Veronique Ingram????

Adam Toma National Manager Enforcement and Regulation is on the Audit Committee at Itsa. Veronique Ingram has been made aware of his corrupt conduct but continues to protect him.........

Why is Veronique Ingram protecting him????????????? Because he helps her to meet performance Standards while promoting corrupt conduct on ITSA audit committee???????????

It is like asking the fucking Catholic church to investigate the Catholic Church..................

Part of the requirements of the Audit Committee is to enforce Itsa's compliance with the APS code of conduct and values is being met and compliance with the Bankruptcy Act.

If ITSA has a manager on the audit committee that is applying systemic corrupt conduct and the Inspector General is approving this …........ What the Fuck is going on at ITSA????????????

Has Veronique Ingram done something and Adam Toma is blackmailing her????????????????

Veronique Ingram/itsa/new year letter

Veronique Ingram

Inspector General in Bankruptcy

C/

Insolvency Trustee Service Australia

veronique.ingram@itsa.gov.au

5.1.2012

Dear Veronique,

Wishing you and your staff a very happy new year.

Congratulations on achieving a deal with the Commonwealth Ombudsman to cover up corrupt systemic corruption by senior staff .

The reporting of this to the Attorney General as required under section 15 of the Ombudsman's Act would have put pressure on you and possibly trashed your reputation .The Commonwealth Ombudsman's decision to coverup this corrupt conduct has obviously saved the Federal Government a considerable amount of money.

A highlight of ITSA's must be the inclusion of Adam Toma as part of ITSA's Audit Committee. This will make it easier for you to achieve your goals and mislead Parliament in your annual report. I understand S134(3) of the Bankruptcy Act is being used by Adam Toma to breach the Bankruptcy Act. You will be aware this section ONLY refers to property. Using this section to justify corrupt conduct will definitely make things easier for ITSA

In the past 18months ITSA got rid of Tibor Karolyi. I know you will claim he went voluntarily , but you know he was extremely upset that he was passed over for the position he had been acting in. He then went on to work for Crouch Amirbeaggi and that didn't work out either. I know ITSA was not happy with him particularly because he was unable to to stand up to me.

He told me it was a policy of ITSA to accept false information from Bankrupts

ITSA also dismissed Ganasan Narianasmy only to have to reinstate him. Brad O'Brien claimed he gave me personal information and breached the APS Code of Conduct. Ganasan was actually overseas at the time. The person that gave me the information was Mark Findlay from Bankruptcy Regulations.

Giulia Inga is also gone, which is so frustrating to me because I had so much evidence on her.

I also found it amusing that Adam Toma sent me a threatening email because I upset Tibor, who was already upset because he had been overlooked for the position at ITSA he wanted and I also upset Florence Choo who was actually resigning from ITSA because she had witheld information from me and intentionally mislead me

Adam Toma threatened to charge me under 474.17 of the criminal code. How very funny.......... I am sure the court would not have been amused at him wasting their time. It is just the lengths that ITSA will go to try and coverup their total mismanagement of the Bankruptcy Act

You will now be pleased to know that ITSA and the Commonwealth Ombudsman has been referred to th Australian Public Service Commissioner for breaches of the APS ACT. I have also requested a copy of the report made on the 11^th November 2011 when the Commonwealth Ombudsman did a deal with ITSA to cover up systemic corrupt conduct bu senior staff. Luke Phelps , from the Commonwealth Ombudsman legal department is considering this and I should hear from him at the earliest on the 9.01.2012.

I do realize this puts Luke into a position where releasing the original document or report will not be in your best interest. I am particularly interested what shortcomings was identified by the Commonwealth Ombudsman and what practice was put in place to ensure they did not occur again.

So Veronique, …............ you should kiss Alison Larkins ARSE.... and maybe you should send her a big bunch of flowers and a big bottle of Scotch and maybe this will help her come to terms with the deep hole of Shit you have put her in.

Have a good day,

Fiona Brown

What $380,000 guys the Federal Government!!!!!!!!!!!!

 

 

Loading...

Close

Wow..... What $380,000 can buy in Australia...............

**********$380,000 to cover up corrupt conduct in Commonwealth Government departments................... What a great deal for the Australian Government!!!!

It would be a bargain at twice the salary!!!!!!!!

How much would the liability be to the Government if we finally got a Commonwealth Ombudsman that exposed the corrupt conduct in Government departments that Alison Larkins was doing deals to coverup????????

$380,0000 sounds like like a small price to pay  to coverup organized systemic Corruption in Australia

Australia looking for a new corrupt Commonwealth Ombudsman

Australia is looking for a Commonwealth Ombudsman with no integrity like Alison Larkins 

This is the position advertised by the Commonwealth Ombudsman.

It requires a person of high integrity so that counts out the current acting Commonwealth Ombudsman.

How very funny.................. Suck it up Alison................

 

Australian Public Service Commission

Ph: +612 6202 3559    l   www.apsjobs.gov.au   

 

Prime Minister	Employment Opportunity N.N. 10553982
Commonwealth Ombudsman	Closing date: Sunday, 18 December 2011

Job Title:	Commonwealth Ombudsman
Division:	Office of the Commonwealth Ombudsman
Job Type:	Non-ongoing (Temporary), Full-time
Location:	Canberra | ACT
Classification:	Statutory Appointment
Agency Employment Act:	PS Act 1999
Position No:	2011/103 | NP
Agency Website:	http://www.ombudsman.gov.au/

 

Job Description

Duties 
KEY AGENCY HEAD

COMMONWEALTH OMBUDSMAN

The Commonwealth Ombudsman helps safeguard the community in its dealings with Australian Government agencies and helps ensure that administrative action by these agencies is fair and accountable. The Ombudsman can consider complaints about almost all Australian Government departments and agencies, and most contractors delivering services to the community on behalf of the Australian Government. The Australian Government is seeking a person of high integrity and standing in the community, with knowledge or experience at a high level of government administration, for appointment to the Office of the Commonwealth Ombudsman. This position as chief executive of the Office of the Commonwealth Ombudsman is a fulltime expected vacancy based in Canberra with the term of the appointment likely to be five years. The remuneration for the Commonwealth Ombudsman is set by the Remuneration Tribunal; total remuneration is currently set at $380,900 with a base salary of $272,870. Please use reference number 2011/103 within your application.

Contact Officer: Further information regarding these positions may be obtained from Ms Renée Leon, Deputy Secretary (Governance), Department of the Prime Minister and Cabinet, Canberra on (02) 6271 5303.

For selection documentation or to apply, please visit www.pmc.gov.au/recruitment. If you cannot access the internet or require further information please call Recruitment on (02) 6271 5133 during business hours. Hearing or speech impaired applicants are invited to use the TTY number (02) 6271 5330 to obtain documentation.

Applications must be received by 11.30pm (AEST) Sunday, 18 December 2011. Late applications will not be accepted.
  Eligibility
To be eligible for engagement, applicants must be Australian citizens. The position is subject to a high security assessment.
  Notes
The total remuneration package is set by the Remuneration Tribunal.

Non-ongoing opportunity will be offered for a specified term

The appointment of the Commonwealth Ombudsman is for a specified term of five years.

To Apply

Position Contact:

Ian Hansen from Ian Hansen & Associates Executive, 0408 306 769

 

Applicants to employment opportunities notified in all formats of the electronic APS Employment Gazette should be aware that the names of successful applicants will also be notified in all formats of the electronic APS Employment Gazette.
 

This notice is part of the electronic APS employment Gazette PS47 - 24 Nov 2011 Published by Australian Public Service Commission.

Posted just now by bankruptcy coverup by ombudsman

Kiss my ARSE Wayne Swan

This is an account of the behavior of treasury. What are you hiding Wane Swan???

On the 3^rd October 2010 at 1.30 I rang treasury at 1.30 to bring to their attention the systemic co-ordinated corrupt conduct at the Insolvency Trustee Service Australia .

I spoke to Christy at reception ( who was a rude bitch) and was put through to the Insolvency department.

Instead of this department looking into this matter I was told to simply forget about it because there was nothing that could be done.

I then made a phone call to Wayne Swans office where I was fobbed off. I then sent an email to confirm this. I received no response.

Kiss my ARSE Federal treasurer.

So........... ITSA is promoting systemic co-ordinated corrupt conduct.

Adam Toma is on the Audit committee at ITSA and therefore is protecting this behavior. Adam Toma is the Corrupt National manager Enforcement and regulations.

Veronique Ingram Inspector General in bankruptcy is responsible for this Government department. She has allowed this co-ordinated corrupt conduct to go on for so long that to try to stop it would be suicide for her career so she keeps attempting to cover it up.

The Commonwealth Ombudsman is given extensive evidence of the corrupt conduct at ITSA and also attempts to cover it up because exposing the level of corrupt conduct would put the Government at enormous liability.

First Kent Purvis from the Commonwealth Ombudsman attempted to cover it up, then Margaret Chinnery attempted to cover it up and then................... holy shit.................. the acting Commonwealth Ombudsman Alison Larkins and assistant senior Ombudsman Diane Merryfull did a deal with ITSA to coverup and protect all involved.

How long has the Auditor General been presenting false Performance Audit reports to Parliament????????????????????

There is nothing fucking independent about the Commonwealth Ombudsman or the Auditor General.

What the fuck.................... a corrupt National Manager Enforcement and regulations part of ITSA's Audit committee …......... What the Fuck..........

Again Kiss my fat ARSE Federal Treasurer!!!!!!!!!!!

Commonwealth Ombudsman's new year letter

Alison Larkins

Acting Commonwealth Ombudsman

alison.larkins@ombudsman.gov.au

2^nd January 2012

Dear Alison,

Good morning and

happy new year to you!

I am sure you will look forward to any correspondence from me in the coming year as I look forward to any emails and letters from you.

I will take you back to 2011 and remind you of your attempt to cover up systemic corrupt conduct and breaches of the Bankruptcy at ITSA.

I have found your attempts rather amusing because the harder you try to protect this conduct by senior staff at ITSA the deeper the hole of SHIT you are getting yourself into.

First, Kent Purvis tried to bully me into accepting his finding, then the Commonwealth Ombudsman had Margaret Chinnery review Kent Purvis's findings. Eventually you and Diane Merryfull had a meeting with representatives of senior Management of ITSA on the 11^th November 2011 and you did a deal with ITSA to coverup systemic corrupt conduct.

The amount of money that would have been used to try and protect this conduct, practices and staff would impacted greatly on the Ombudsman's financial budget. I can fully understand why Allan asher desperately needed more money!!

The Commonwealth Ombudsman continues to protect***

** Veronique Ingram, Inspector General in Bankruptcy

** Matthew Osborne,Principal Legal Officer at ITSA

**Mark Findlay,Manager Bankruptcy Regulation

**Julie Padgett NSW Manager BFI

** Adam Toma, National Manager Enforcement and Regulation

Section 15 of the Ombudsman's Act requires you to make a report to the Attorney General which you failed to do.

You are also aware that Adam Toma is on ITSA's Audit committee. No doubt you would see this as a great advantage that Adam Toma can continue to promote systemic corrupt conduct as part of this committee.

In turn you have now been referred to the Australian Public Service Commissioner for breaches of the code of Conduct and Ethics.

I have also requested a copy of the report under FOI that you and Diane Merryfull made on the 11^th November and any hand written notes that was made. I have asked Luke Phelps to please make sure these are original and not some dodgy report you have rewritten.

I am particularly interested in what “shortcomings” you identified and what was put in place so they did not occur again.

I understand a complaint Reference no 2011-111-240 will not be answered. I find this very unhelpful.

This year the position of Commonwealth Ombudsman is to be filled following the resignation of Alan Asher.

I strongly recommend that you comply with the Ombudsman's Act and the Australian Public Service Act and correct my grievances.

If you continue to protect corrupt conduct at ITSA you have no hope in HELL of obtaining this position, so it is now up to you.

Comply with S15 of the Ombudsman's Act and expose this systemic corrupt conduct. This also would expose the Australian Government to enormous liability.

How very funny............... what a lot of shit you have got yourself into.

Again happy new year to you and your staff

Yours sincerely

Fiona Brown