Investigation into the sourcing of software systems for the western sydney institute of tafe (Operation Lancer)

Findings, opinions and statements 7

Allegations are not findings. A commission's finding or opinion of corrupt conduct or misconduct is not a finding that a person is guilty of a criminal offence, and the commissions say so in their reports.

1. serious corrupt conduct

   Finding

   The Commission found that Mr Mamun engaged in serious corrupt conduct by: • between August 2014 and December 2018, soliciting and receiving payments totalling between approximately $227,153 and $228,153.

   Report, page 8, Summary of investigation and outcomes

2. serious corrupt conduct

   Finding

   The Commission found that Mr Kabir engaged in serious corrupt conduct by:

   Report, page 8, Summary of investigation and outcomes

3. serious corrupt conduct

   Finding

   The Commission found that Kazi Hassan, a director of Oscillosoft, engaged in serious corrupt conduct by: • between August 2014 and December 2018, facilitating payments by Oscillosoft of between $210,683.61 and $211,683.61 as well as gifts to Mr Mamun, and facilitating payments by Oscillosoft of approximately $200,435 to Mr Kabir, as an inducement or reward for Mr Mamun and Mr Kabir exercising their public official functions, to favour Oscillosoft in relation to its business with TAFE NSW, or the receipt of which would tend to influence Mr Mamun and Mr Kabir to show favour to Oscillosoft’s business interests in the exercise of their official functions (chapter 5).

   Report, page 9, Summary of investigation and outcomes

4. serious corrupt conduct

   Finding

   The Commission found that Ashique Ibrahim, another director of Oscillosoft, engaged in serious corrupt conduct by: • between August 2014 and December 2018, facilitating payments by Oscillosoft of between $210,683.61 and $211,683.61 and gifts to Mr Mamun, and facilitating payments by Oscillosoft of approximately $200,435 to Mr Kabir, as an inducement or reward for Mr Mamun and Mr Kabir exercising their public official functions, to favour Oscillosoft in relation to its business with TAFE NSW, or the receipt of which would tend to influence Mr Mamun and Mr Kabir to show favour to Oscillosoft’s business interests in the exercise of their official functions (chapter 5).

   Report, page 9, Summary of investigation and outcomes

5. serious corrupt conduct

   Finding

   The Commission found that Mr Suza-Ud-Dawllah, the third director of Oscillosoft, engaged in serious corrupt conduct by: • in late 2018, making cash payments to Mr Mamun of approximately $16,469 and $20,000 to Mr Kabir, as an inducement or reward for Mr Mamun and Mr Kabir exercising their public official functions, to favour Oscillosoft in relation to its business with TAFE NSW, or the receipt of which would tend to influence Mr Mamun and Mr Kabir to show favour to Oscillosoft’s business interests in the exercise of their official functions (chapter 5).

   Report, page 9, Summary of investigation and outcomes

6. serious corrupt conduct

   Finding

   The Commission found that Mr Hoque engaged in serious corrupt conduct by: • in March 2013, submitting a resume, which included false and misleading representations concerning Mr Hoque’s work history, to support his application for the position of business analyst/ financial resource analyst at WSI TAFE in order to improve his prospects of gaining employment with WSI TAFE • using a resume containing the same false and misleading representations to apply for other positions at TAFE NSW (chapter 6).

   Report, page 9, Summary of investigation and outcomes

7. Section 74A(2) statement

   Prosecution statement

   The Commission is also of the opinion that consideration should be given by TAFE NSW to the taking of action against Mr Hoque for a specified disciplinary offence and the taking of action against him on specified grounds, with a view to dismissing, dispensing with the services of, or otherwise terminating the services of Mr Hoque.

   Report, page 10, Summary of investigation and outcomes

Recommendations 14

1. Recommendation 1

   That TAFE NSW further constrains local information and communications technology (ICT) projects that are “architectural exceptions” by: closing regional data centres, and moving applications and software into the TAFE NSW Private Cloud or a local cloud provider evaluating local software modules, applications and versions for requirement and removal, where appropriate.

   TAFE NSW - investigation into the sourcing of software systems for the Western Sydney Institute of TAFE (Operation Lancer), Recommendations for corruption prevention

2. Recommendation 2

   That TAFE NSW ensures robust and measurable criteria are used in relation to decision-making for the governance of ICT projects by uplifting capability to members of project control boards to better understand aspects of approvals, risk monitoring and seeking assurance.

   Report, page 9

3. Recommendation 3

   That TAFE NSW expands existing training material to cover risks associated with direct negotiations.

   Report, page 9

4. Recommendation 4

   That TAFE NSW develops strategic category plans that: cover all ICT spend (in collaboration between ICT procurement category teams and stakeholders) denote which spend is significant. This should include the formulation of a schedule and project plan to ensure all significant spend is brought under contract.

   TAFE NSW - investigation into the sourcing of software systems for the Western Sydney Institute of TAFE (Operation Lancer), Recommendations for corruption prevention

5. Recommendation 5

   That TAFE NSW re-evaluates and strengthens the process by which corruption information requests from integrity agencies to it are case managed.

   Report, page 9

6. Recommendation 6

   That TAFE NSW invests additional resources to: increase by 50% trained nominated disclosure officers, including a cohort that are accessible, diversified and distributed throughout TAFE NSW within various administrative and teaching areas refresh training related to current nominated disclosure officers to improve their skill levels refresh content regarding public interest disclosures (PIDs) in the annual mandatory training.

   TAFE NSW - investigation into the sourcing of software systems for the Western Sydney Institute of TAFE (Operation Lancer), Recommendations for corruption prevention

7. Recommendation 7

   That TAFE NSW conducts targeted training for complaint-handling and investigation specialists regarding the identification of fraud and corruption reports and escalation of PIDs.

   Report, page 10

8. Recommendation 8

   That TAFE NSW introduces robust and centralised serious-wrongdoing reporting mechanisms across all areas of the business.

   Report, page 10

9. Recommendation 9

   That TAFE NSW analyses its treatment of prior reports of corruption, including PIDs, to further inform its corruption prevention planning efforts.

   Report, page 10

10. Recommendation 10

    That TAFE NSW re-evaluates the staff complaints management framework with a view to investing in an appropriate centralised and secure complaints management system for all staff.

    Report, page 10

11. Recommendation 11

    That TAFE NSW reconsiders the appropriate resourcing of the corruption investigation function, including the current practice of referring outside of the Internal Audit Unit to the Employee Relations Unit.

    Report, page 10

12. Recommendation 12

    That TAFE NSW invests in a centralised records management database for grievances and wrongdoing that is accessible to complaints management, investigative, corruption prevention and audit units, noting the confidentiality provisions when designing this access.

    Report, page 10

13. Recommendation 13

    That TAFE NSW provides greater transparency of serious conduct to senior managers at chief level on a periodic basis (for example, quarterly).

    Report, page 10

14. Recommendation 14

    That TAFE NSW undertakes a review within three years to provide assurance that the measures it has taken to improve ICT project governance, oversight of ICT procurement, complaint management and recruitment are achieving their objectives.

    Report, page 10

Published responses 3

• TAFE NSW - 24 month implementation plan

  Progress report

• TAFE NSW - 12 month progress report

  Progress report

• TAFE NSW - Action Plan

  Action plan

Coverage

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