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Report on the investigation of alleged public sector misconduct in relation to the purchase of toner cartridges in exchange for gifts outside government procurement policies and arrangements

Report · Corruption and Crime Commission (WA CCC) · Western Australia · Published

Summary

The report's own summary: EXECUTIVE SUMMARY, pages 15 to 21

Generated summary: written by an AI model from the report text and checked against the cited pages.

  • The Corruption and Crime Commission investigated public officers’ receipt of gifts linked to toner cartridge purchases outside approved procurement arrangements.

    Report, page 15

  • It also reviewed procurement and gift policies across state and local public authorities to assess why improper purchasing could occur undetected.

    Report, page 16

  • The Commission found that gift policies, registers and accountability arrangements did not adequately manage misconduct risks.

    Report, page 16 · Report, page 18

  • It estimated that the cartridge purchases cost government at least $415,000 more than buying the same quantities through approved suppliers, excluding the effect of unnecessary purchases.

    Report, page 16 · Report, page 75

  • Its seven recommendations cover procurement controls, purchase authorisation, electronic oversight, gift records, staff training, gift policy reviews and legislative change.

    Report, page 17 · Report, page 18 · Report, page 19 · Report, page 20

In the body's own words

  1. Finding

    Generally, the gift policies, gift register arrangements and accountability mechanisms for public authorities did not sufficiently address the misconduct risks associated with the inappropriate offering and/or acceptance of gifts by public officers.

    Report, page 18

  2. Finding

    When public officers breach procurement or gift policies in circumstances such as they did, these breaches may go undetected where systems are inadequate and accountability mechanisms do not exist.

    Report, page 18

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 7

  1. Recommendation One

    It is recommended that state and local public authorities ensure adherence to procurement and supply policies and arrangements by having in place robust policies, procedures, training and accountability mechanisms, which take account of the misconduct risks associated with procurement.

    Report, page 18

  2. Recommendation Two

    It is recommended that state and local public authorities reinforce the systems in place to ensure that before a purchase order or credit card purchase is authorised, the purchase is in accordance with the relevant purchasing policy or purchasing arrangement.

    Report, page 19

  3. Recommendation Three

    It is recommended that the Department of Finance consider a more structured approach to informing public authorities of electronic management services and credit card search facilitates, such as FlexiPurchase, offered by financial institutions that may assist them in ensuring accountability and effective controls with respect to government purchasing.

    Report, page 19

  4. Recommendation Four

    It is recommended that gift policies for state and local public authorities set out procedures and guidelines which, as a minimum, contain the core gift policy and record of gift decisions outlined in the Appendices of this report, including that: (a) records be made in response to gifts offered, as well as the decisions made in response to those offers; (b) records of gifts offered, and the decisions made in response to those offers, be audited on a regular basis; and (c) where there is the capacity for the offer of a gift to either directly or indirectly influence a discretionary decision, particularly in relation to purchasing decisions, the gift be declined.

    Report, page 19

  5. Recommendation Five

    It is recommended that state and local public authorities provide regular refresher training to officers, particularly those exercising discretionary authority. This training might augment existing induction, procurement or ethics training programs. This training is however to include relevant policies and purchasing arrangements, and should include information on the requirements and obligations in regard to legally enforceable contracts.

    Report, page 19

  6. Recommendation Six

    It is recommended that state and local public authorities review their existing gift policies and registers in light of the principles outlined in Appendix Five Suggested Format for a Gift Decisions Register and Appendix Six Suggested Gift Policy Elements.

    Report, page 20

  7. Recommendation Seven

    It is recommended that the Local Government Regulations, and/or Local Government Act, be reviewed and amended to reflect a position consistent with the intent and recommendations of this report. To the extent that they are inconsistent, particularly in terms of the requirement for auditing of gift registers, gifts from relatives, “notifiable” and “prohibited” gifts, and monetary thresholds, it is recommended that they be amended.

    Report, page 20

Published responses

No published response was found.

Official documents 2

Notes on this record

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