Report on the investigation of alleged public sector misconduct by employees of the Department for Planning and Infrastructure in relation to the inspection, licensing and registration of motor vehicles

Summary

The report's own summary: EXECUTIVE SUMMARY, pages 11 to 20

In the body's own words

1. Finding

   The Commission found DPI’s approach to managing the Assessor and Vehicle Examiner business functions heightened its exposure to improper influence and therefore the likelihood of improper influence-related misconduct occurring.

   Report, page 14

2. Finding

   The risk of improper influence was found to be significant across the 13 DPI centres visited by Commission officers during the review.

   Report, page 14

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 13

1. Recommendation 1

   Mr Brian William Burrows In the opinion of the Commission the conduct of Mr William Brian Burrows as outlined in this report constitutes misconduct under section 4 of the Corruption and Crime Commission Act 2003 (“CCC Act”). Pursuant to section 43(1)(a) of the CCC Act the Commission recommends that the Department for Planning and Infrastructure (now the Department of Transport (DoT)) give consideration to the taking of disciplinary action against Mr Burrows. The Commission notified DoT under section 152(4)(a) and (b) of the CCC Act of its opinion and recommendation relating to the alleged misconduct by Mr Burrows, on 4 December 2009, for consideration.

   Report, page 15

2. Recommendation 2

   Mr Peter David Howard In the opinion of the Commission the conduct of Mr Peter David Howard as outlined in this report constitutes misconduct under section 4 of the Corruption and Crime Commission Act 2003 (“CCC Act”). Pursuant to section 43(1)(a) of the CCC Act the Commission recommends that the Department for Planning and Infrastructure (now the Department of Transport (DoT)) give consideration to the taking of disciplinary action against Mr Howard. The Commission notified DoT under section 152(4)(a) and (b) of the CCC Act of its opinion and recommendation relating to the alleged misconduct by Mr Howard, on 4 December 2009, for consideration.

   Report, page 15

3. Recommendation 3

   Mr John Francis Piercey In the opinion of the Commission the conduct of Mr John Francis Piercey as outlined in this report constitutes misconduct under section 4 of the Corruption and Crime Commission Act 2003 (“CCC Act”). Pursuant to section 43(1)(a) of the CCC Act the Commission recommends that the Department for Planning and Infrastructure (now the Department of Transport (DoT)) give consideration to the taking of disciplinary action against Mr Piercey. The Commission notified DoT under section 152(4)(a) and (b) of the CCC Act of its opinion and recommendation relating to the alleged misconduct by Mr Piercey, on 4 December 2009, for consideration.

   Report, page 16

4. Recommendation 4

   Mr Brent Edward Kain In the opinion of the Commission the conduct of Mr Brent Edward Kain as outlined in this report constitutes misconduct under section 4 of the Corruption and Crime Commission Act 2003 (“CCC Act”). Pursuant to section 43(1)(a) of the CCC Act the Commission recommends that the Department for Planning and Infrastructure (now the Department of Transport (DoT)) give consideration to the taking of disciplinary action against Mr Kain. The Commission notified DoT under section 152(4)(a) and (b) of the CCC Act of its opinion and recommendation relating to the alleged misconduct by Mr Kain, on 4 December 2009, for consideration.

   Report, page 16

5. Recommendation 5

   Ms Susan Evelyn Jabbour The Commission recommends pursuant to section 43 of the Corruption and Crime Commission Act 2003 that the Director of Public Prosecutions give consideration to the prosecution of Ms Susan Evelyn Jabbour under sections 7 and 85 of The Criminal Code (WA), for offences relating to Mr Peter David Howard, Mr John Francis Piercey and Mr Brent Edward Kain.

   Report, page 16

6. Recommendation 6

   In order to protect and promote the integrity of the Department of Transport (DoT) and the services provided by DoT, it is recommended that DoT conduct a systemic review of policies, practices and procedures as they apply to the inspection, licensing and registration of motor vehicles in this State by DoT officers in order to address the issues identified by the Commission investigation (refer [276] of main body of this report) including those relating to: • practices which enable the certification of vehicles as roadworthy without inspection; • purchase of multiple transferable inspection receipts (MR numbers); • particular vulnerability of Vehicle Examiners to corruption, misconduct and improper influence; • on-site inspection of vehicles on premises of businesses that are not DPI Authorised Inspection Stations; • protracted queuing at Vehicle Examination Centres that operate on a “first-come first-served basis”, that is, Welshpool and O’Connor, as customers are not required to pre-book vehicle examinations; • “whistleblowing”; • flow-on effect of inappropriate conduct by certain Vehicle Examiners to others; • access to inspection areas by members of the public and contact with Vehicle Examiners before completion of inspection process; • oversight of Vehicle Examiners; and • training and support (particularly in relation to use of TRELIS and existence of procedural manuals) provided for Vehicle Examiners. By doing so, DoT would be in a better position to reduce the incidence of misconduct by eliminating those factors that foster misconduct.

   Report, page 17

7. Recommendation 7

   That the Department of Transport ensure licensing goals and performance measures support organisational outcomes relating to the provision of a safe transport system for the community, where road users meet required driver competencies and vehicles meet required standards.

   Report, page 18

8. Recommendation 8

   That the Department of Transport establish a corporate culture that values, and is inclusive of, all staff and operational areas.

   Report, page 18

9. Recommendation 9

   That the Department of Transport develop a corporate strategy for managing misconduct, including a mechanism that gives it practical effect.

   Report, page 18

10. Recommendation 10

    That the Department of Transport identify its misconduct risks as part of the corporate risk management process and ensure appropriate controls are put in place to mitigate these risks.

    Report, page 18

11. Recommendation 11

    That the Department of Transport review internal reporting processes with a view to implementing a mechanism that will support staff reporting suspected misconduct, and ensure incidents are notified to the Commission, consistent with section 28 of the Corruption and Crime Commission Act 2003, and are dealt with appropriately.

    Report, page 18

12. Recommendation 12

    That the Department of Transport develop policies, procedures and systems that assist licensing officers to identify and appropriately respond to improper influence.

    Report, page 19

13. Recommendation 13

    That the Department of Transport implement staff development strategies aimed at raising and maintaining awareness about misconduct and related staff responsibilities.

    Report, page 19

Published responses

No published response was found.

Official documents 2

• Report on the investigation of alleged public sector misconduct by employees of the Department for Planning and Infrastructure in relation to the inspection, licensing and registration of motor vehicles

  Report · 164 pages

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  Report

• MEDIA RELEASE - Report on the investigation of alleged public sector misconduct by employees of the Department for Planning and Infrastructure in relation to the inspection, licensing and registration of motor vehicles

  Media release

  Document details

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  Media release

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