Report on the Investigation of Alleged Misconduct Concerning Rezoning of Land at Whitby

Summary

The report's own summary: EXECUTIVE SUMMARY, pages 9 to 12

Opinions 3

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. opinion of serious misconduct

   Opinion

   The Commission has formed the opinion that Mr Stokes has engaged in serious misconduct in releasing information to Mr Burke and Mr Grill in respect of the position of DoIR (and in one case DPI) on rezoning of the land at Whitby.

   Report on the Investigation of Alleged Misconduct Concerning Rezoning of Land at Whitby.pdf, page 11

2. opinion of misconduct

   Opinion

   Background [196] Having assessed the material before it the Commission has formed the opinion that Mr Stokes has engaged in misconduct in releasing information to Mr Burke and Mr Grill, in respect of the position of DoIR (and in one case DPI) on rezoning of the land at Whitby.

   Report on the Investigation of Alleged Misconduct Concerning Rezoning of Land at Whitby.pdf, page 62

3. opinion of misconduct

   Opinion

   Commission Opinion as to Misconduct [359] Having assessed the material before it the Commission has formed the opinion that in relation to dealings with Mr Burke and Mr Grill, in respect of the rezoning of the land at Whitby, Mr Gary Wayne Stokes has engaged in misconduct.

   Report on the Investigation of Alleged Misconduct Concerning Rezoning of Land at Whitby.pdf, page 105

Recommendations 2

1. Recommendation 1

   The Commission recommends that the Director General of the Department of the Premier and Cabinet review the operation, processes and appropriateness of outcomes of the disciplinary provisions of the Public Sector Management Act 1994.

   Report on the Investigation of Alleged Misconduct Concerning Rezoning of Land at Whitby.pdf, page 11

2. Recommendation 2

   The Commission recommends that the Director of Public Prosecutions consider the prosecution of Mr Gary Wayne Stokes for the offence of acting corruptly in the performance of the functions of his office so as to gain a benefit for Mr Burke, Mr Grill, Urban Pacific Limited and himself, contrary to section 83 of The Criminal Code.

   Report on the Investigation of Alleged Misconduct Concerning Rezoning of Land at Whitby.pdf, page 12

Published responses

No published response was found.

Notes on this record

• Report type assigned by OPAX from the title; the Commission tags every listing item Report.
• An opinion that misconduct has occurred is not, and is not to be taken as, a finding or opinion that a person has committed a criminal or disciplinary offence (Corruption, Crime and Misconduct Act 2003, s 217A; s 23 in reports made under the Act as first enacted).

Coverage

This publisher

• The Commission's website has no copyright or licence page; reports carry the Commission's copyright notice (fair dealing only), so OPAX keeps short verbatim extracts with citations and links the original PDFs.
• Only the reports listing (/publications/reports) is covered. Annual reports, quarterly reports filed under /quarterly-reports, media releases and news items are not report records.
• The listing date is the date the Commission's page was created; the record date is the report's cover date or the tabling date stated on the page where one is given, and the listing date only as a fallback.
• Opinions are extracted only where the Commission states them in a sentence on a single page; opinions in older reports framed differently, or split over a page break, are not extracted (findings not_extracted).
• No text layer, no OCR: scanned reports have no extracted opinions or recommendations.