Report on the Investigation of Alleged Misconduct by Employees of Landgate as a Result of Associations with External Clients Involved in the Property Development Industry

Summary

The report's own summary: EXECUTIVE SUMMARY, pages 11 to 17

In the body's own words

1. Opinion

   In the Commission’s opinion Mr Croasdale’s actions constituted serious misconduct under section 3, 4(b) and 4(c) of the CCC Act.

   Report on the Investigation of Alleged Misconduct by Employees of Landgate as a Result of Associations with External Clients Involved in the Property Development Industry.pdf, page 14

2. Finding

   There was uncertainty about and inconsistent application of the policy for according priority to urgent applications.

   Report on the Investigation of Alleged Misconduct by Employees of Landgate as a Result of Associations with External Clients Involved in the Property Development Industry.pdf, page 15

Findings, opinions and statements

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.

No findings are reproduced in this record. This does not establish that the report contains none.

Recommendations 8

1. Recommendation 1

   It is recommended that the Offer and Acceptance of Gifts, Benefits and Hospitality policy is reviewed by Landgate. As part of this review, issues requiring elaboration within the policy include: whether an officer should be able to receive a gift; the process of declaring a gift (or offer); the location and handling of the registry; and the clarification of the declarable amount.

   Report on the Investigation of Alleged Misconduct by Employees of Landgate as a Result of Associations with External Clients Involved in the Property Development Industry.pdf, page 15

2. Recommendation 2

   It is further recommended that after review and finalisation of the policy all staff should be subjected to an education program to communicate the new policy. Regular reviews should be undertaken not only of the policy to ensure currency but also of the register itself to allow management to monitor approaches by external parties to Landgate staff.

   Report on the Investigation of Alleged Misconduct by Employees of Landgate as a Result of Associations with External Clients Involved in the Property Development Industry.pdf, page 15

3. Recommendation 3

   The Commission recommends that the Private Employment and Commercial Business Undertakings policy be reviewed and completed from its current draft state. The issue about the definition of “employment” needs to be covered, possibly by broadening the term as it applies to Landgate staff performing work for reward that is in line with their duties.

   Report on the Investigation of Alleged Misconduct by Employees of Landgate as a Result of Associations with External Clients Involved in the Property Development Industry.pdf, page 16

4. Recommendation 4

   The Commission further recommends that after review and finalisation, all staff should be subject to an education program to communicate the new policy. Regular reviews should be undertaken not only of the policy to ensure currency but also of Landgate staff to ensure that the policy is not being circumvented.

   Report on the Investigation of Alleged Misconduct by Employees of Landgate as a Result of Associations with External Clients Involved in the Property Development Industry.pdf, page 16

5. Recommendation 5

   The Commission recommends that Landgate instigates some form of identification of associations so that they can ensure that matters are processed by staff with no perceived conflict of interest. This identification requirement should be included in Landgate’s conflict of interest policy.

   Report on the Investigation of Alleged Misconduct by Employees of Landgate as a Result of Associations with External Clients Involved in the Property Development Industry.pdf, page 16

6. Recommendation 6

   The DLI Financial and Private Interests Policy (Conflict of Interest) is currently in a draft state with the next review date showing as July 2005. In order to successfully endorse this policy it is recommended that Landgate should review, amend, finalise and disseminate the policy to all staff as a priority.

   Report on the Investigation of Alleged Misconduct by Employees of Landgate as a Result of Associations with External Clients Involved in the Property Development Industry.pdf, page 16

7. Recommendation 7

   A review of salary levels within the Land Boundary Services section, and possibly the positions themselves in terms of updating job descriptions is recommended. This may result in decreasing the potential for corruption as staff receive a pay level commensurate with the importance of the decisions that they make, and the commercial value of the developments that are impacted.

   Report on the Investigation of Alleged Misconduct by Employees of Landgate as a Result of Associations with External Clients Involved in the Property Development Industry.pdf, page 16

8. Recommendation 8

   The Commission recommends that Landgate: reviews its procedures for accommodating requests for urgent or expedited examination of plans and the issue of titles; establishes clear guidelines or criteria on which such requests may be approved; and implements a requirement for dealing with such requests to be properly documented and appropriately audited.

   Report on the Investigation of Alleged Misconduct by Employees of Landgate as a Result of Associations with External Clients Involved in the Property Development Industry.pdf, page 17

Published responses

No published response was found.

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