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Australia

Former NSW building commissioner David Chandler’s resignation letter released

The resignation letter of NSW building commissioner David Chandler has revealed he held concerns about the relationship between sacked minister Eleni Petinos and the property development group that hired former deputy premier John Barilaro.

In his letter, Mr Chandler detailed how he received calls from both Ms Petinos and Mr Barilaro after he issued a stop work order to the Coronation Property Group.

At the time, Coronation had run into trouble with the building commissioner over compliance at a major residential development in Merrylands in Western Sydney.

A building industry veteran, Mr Chandler abruptly resigned last month after three years in the role, which was created to crack down on building standards in the wake of the Opal Towers and Mascot Towers debacles.

In his resignation letter dated July 7, 2022, Mr Chandler spoke about “problematic” dealings with the office of Ms Petinos and voiced concerns about her relationship with the Coronation Property Group.

Eleni Petinos addresses the media
Eleni Petinos was sacked from the NSW ministry after allegations of bullying.(AAP: Bianca De Marchi)

He said the problems came to a head over Coronation’s Merrylands development.

“These concerns crystallized at the time of the Stop Work Orders issued under the Design and Building Practitioner’s Act…” he wrote.

“As advised to you I received a call from the Minister’s Office shortly after a draft order was issued on Coronation’s Merrylands Development.”

Shortly after that, I received another message from John Barilaro.

“This contact came to me on my personal phone requesting a meeting with me,” he wrote.

Mr Chandler said he was aware that Mr Barilaro had recently joined the Coronation board.

The building commissioner subsequently met with Mr Barilaro “to answer his questions”.

Mr Barilaro has said the pair met but did not discuss the building ban that Coronation faced.

“We never spoke about the stop work order nor did I request anything in relation to the stop work order,” Mr Barilaro said in a statement today.

a man standing and smiling
The former deputy premier acknowledges meeting with Mr Chandler but denies discussing the building ban.(Facebook: Dave Layzell)

Earlier this week, it was revealed that Mr Barilaro also met with Ms Petinos in the weeks before the stop work order was lifted on July 4, 2022.

Giving evidence at a parliamentary inquiry on Monday, Mr Barilaro said he was no longer employed by Coronation at the time of the meeting with Ms Petinos which he said was to celebrate his appointment as NSW trade commissioner in New York.

Mr Chandler’s parting sentiments were made public after Labor successfully moved a motion in the upper house on Wednesday compelling the state government to produce the letter within 24 hours.

The Premier last month sacked Ms Petinos as the state’s fair trading minister, citing bullying allegations involving her staff, which she denies.

Yesterday, Mr Perrottet stood by his earlier statement that Mr Chandler’s resignation had nothing to do with Ms Petinos.

The resignation letter was addressed to Mr Chandler’s manager, Department of Customer Service Secretary, Emma Hogan.

It’s been revealed that Mr Perrottet spoke to Ms Hogan shortly before sacking Ms Petinos.

In parliament today, the Premier was pressed on the content of those discussions.

“Was one of those issues concerned about the relationship between Minister Petinos, the Coronation Group, or Mr Barilaro?” Labor Leader Chris Minns asked.

“I had a discussion with the department secretary and the main purpose of that discussion was in relation to staff matters,” Mr Perrottet responded.

“The matters raised in relation to the question that the Leader of the Opposition has asked was peripheral.”

The departing building commissioner concluded his resignation letter by stating: “Given where all the above matters now rest, I believe my continued role as NSW Building Commissioner is no longer viable.”

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Australia

NT Opposition ramps up calls for Chief Minister to handover documents to ICAC

The Northern Territory Chief Minister is under renewed pressure to allow the anti-corruption watchdog to access secret cabinet documents that were the subject of a “serious allegation”.

In a report tabled in parliament last month, Independent Commissioner Against Corruption, Michael Riches, said he initiated an investigation after receiving a claim that a cabinet submission had been “edited” by a public officer “so as to be misleading to the true state of affairs”.

However, because current legislation prevents the ICAC from accessing cabinet-related material, Mr Riches said he “invited” then chief minister Michael Gunner to consider handing over the relevant documents.

Mr Gunner declined the request, which Mr Riches said was his legal right, but he added that doing so prevented further investigation.

Lia Finocchiaro at a press conference.
Opposition leader Lia Finocchiaro has accused the Chief Minister of trying to avoid scrutiny. (ABC News: Che Chorley)

The Opposition has been calling for Ms Fyles, who took over from Mr Gunner in May, to handover the material, given she later agreed to grant the ICAC access to other cabinet-related documents that were the subject of a different allegation.

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Australia

MP John Sidoti suspended from NSW parliament after ICAC corruption findings

NSW MP John Sidoti has been suspended from parliament after he was found to have engaged in serious corrupt conduct.

The NSW government moved a motion to suspend the former Liberal MP, after the Independent Commission Against Corruption (ICAC) made a serious corrupt finding against him last month.

Labor and the crossbench supported the motion, which will see Mr Sidoti suspended until at least the end of the parliament sitting year in November.

Mr Sidoti, the member for Drummoyne, strongly denies any wrongdoing and addressed parliament before the vote.

“I am glad to finally address matters that have impacted my life, my family’s lives and the community I serve,” he said.

“Not one shred of evidence existed to support these allegations.

“The gutter elements of the media created a story of misconduct.

John Sidoti addresses parliament
John Sidoti addressed parliament, saying “not one shred of evidence existed” to prove the allegations.(AAP: David Swift)

“They alleged that any errors of disclosure indicated attempts to hide wealth acquired through illegal means.

“A complete fantasy, there is no extraordinary wealth.

“Our disclosure guidelines are confusing and I found them complex.”

Mr Sidoti was once the sports minister but has been sitting on the crossbench while the corruption watchdog investigated.

The matter has been referred to the Director of Public Prosecutions (DPP)

Mr Sidoti is also planning legal action.

“To clear your name is a long, expensive process,” he said.

“I’m lodging an appeal in the Supreme Court this week, I’ll be making a submission to have the matter expedited.”

The ICAC found Mr Sidoti improperly used his position to influence the redevelopment of the Five Dock town centre.

The ICAC report said Mr Sidoti wanted planning controls relaxed so that three properties his family owned could benefit from development potential.

Premier Dominic Perrottet phoned Mr Sidoti after the findings, asking him to resign from parliament.

Mr Sidoti said he gave the Premier a two-word answer.

He is the second government MP to be suspended in a motion brought by the government.

Gareth Ward was suspended in March, while he faces indecent and sexual assault charges, he denies the allegations.

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Australia

Law Society of SA calls for ICAC review over concerns rushed legislation fails the pub test

South Australian lawyers say “hurried” anti-corruption laws allow public officials convicted of certain crimes to charge taxpayers for their legal fees, and parliament’s handling of the laws “fails the pub test”.

Last week, an ABC exclusive report outlined the implications of a little-understood change to the state’s Independent Commissioner Against Corruption (ICAC) Act.

The legislation was passed unanimously by South Australia’s parliament following less than 24 hours of debate last year.

It allows MPs and public servants to claim their legal costs back for offenses including deception, theft and dishonestly dealing with documents, because those crimes no longer fall within the ICAC Act’s definition of corruption.

Barrister and Center for Public Integrity director Geoffrey Watson last week said the public should be “outraged” by the provision, and he had “never heard of such a generous repayment scheme for government officials at the public’s expense”.

“In simple terms, a politician could be caught out in an act of corruption, defend it, be found guilty and be the subject of scathing observations by a magistrate, and then recover his or her costs for having unsuccessfully defended the matter,” Mr Watson said.

Geoffrey Watson SC
Center for Public Integrity director Geoffrey Watson said last week the public should be “outraged” by the provision.(abcnews)

In a written submission to Attorney-General Kyam Maher, the Law Society of SA said its Civil Litigation Council had examined the provisions to “provide some clarity”.

It found the reimbursement provisions applied at certain points in legal proceedings.

“A public officer who is the subject of ICAC investigation can only apply for legal costs that relate to the investigation itself, and NOT the costs incurred once charged, such as the costs of defending criminal proceedings,” president Justin Stewart-Rattray said.

“The Act does indicate that a person can also be reimbursed for any reviews or appeals arising out of an ICAC investigation.

“The Attorney-General has no discretion to deny reimbursement once the conditions are satisfied … [and] effectively, reimbursement is to be provided unless the person is convicted of an indictable offense that constitutes ‘corruption in public administration’.”

A man wearing a suit and colorful tie speaks to the media
The Law Society provided a written submission to Attorney-General Kyam Maher.(ABC News: Ethan Rix)

The Law Society said it had not formed a position regarding whether such reimbursement was appropriate or not.

It said strict secrecy provisions, “trifling or accidental” offending, and the financial burden placed on individuals “not wealthy enough to fund a private lawyer for prolonged periods” could be viewed as justifications for the provision.

“The Society notes that the question of whether such a policy should be adopted would be a matter for further consultation,” it wrote.

Parliament’s handling of laws ‘fails the pub test’

The Law Society again called for a full review of the legislation, following “extremely limited and inadequate consultation”.

“The Society is concerned by suggestions in recent media coverage that parliamentarians who voted for the ICAC reforms were not aware of or did not fully appreciate the effect of the provisions,” Mr Stewart-Rattray said.

“The Society believes a wider review of the ICAC Act would be appropriate, given other potential knock-on effects of the ICAC reforms that the Law Society has previously identified.

“The public should expect parliamentarians themselves to robustly discuss the merits of proposed legislation.

“When there is an actual or perceived attempt to hurry legislation through with minimal scrutiny, it tends to fail the ‘pub test’.

“But more significantly, it can lead to bad law.”

justin stewart rattray
Law Society of SA president Justin Stewart-Rattray has called for a full review of the legislation.(Supplied: Law Society of SA/Tom Roschi Photography)

Last week, both Premier Peter Malinauskas and Attorney-General Kyam Maher said they would seek further advice regarding the reimbursement provisions.

In a statement, a state government spokesman said: “The Law Society’s views on this matter will be provided to and taken into account by those advising the Attorney-General on this issue.”

Former Liberal MPs Troy Bell and Fraser Ellis are currently before the courts, charged over their use of the Country Members Accommodation Allowance (CMAA).

The scheme allowed regional MPs to be reimbursed for nights spent in Adelaide on official business.

Both are charged with deception offenses for allegedly claiming tens of thousands of dollars they were not entitled to.

Both MPs strenuously deny any wrongdoing.

Irrespective of the outcome in the court, they are eligible to claim legal costs.

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