On 5 June 2014, the NSW Independent Commission Against Corruption (ICAC) made findings of corrupt conduct against Edward Obeid Senior, Joseph Tripodi and Steve Dunn in relation to retail leases at Circular Quay.
Following the ICAC investigation in Operation Cyrus, Mr Obeid was found to have misused his position as a Member of Parliament to influence other public officials exercising their functions in relation to retail leases at Circular Quay, without disclosing that he, his family or a related entity had an interest in some of the leases. Mr Tripodi was found to have acted corruptly by failing to disclose to Cabinet that he was aware of Mr Obeid's interest in the retail leases of Circular Quay. Mr Dunn, who was the Maritime Authority of NSW's executive officer, was found to have acted corruptly by changing the Maritime Authority's Commercial Lease Policy knowing that the Obeids would benefit from the change in the policy.
Each of Messrs Obeid, Tripodi and Dunn's conduct was also found to be able to constitute dishonest or partial exercise of their functions and a breach of public trust, for the purposes of section 8 of the Independent Commission Against Corruption Act 1988 (NSW).
In relation to Operation Cyrus, ICAC has recommended that the Director of Public Prosecutions (DPP) considers prosecution against Mr Obeid. ICAC has not recommended that the DPP consider the prosecution of Mr Dunn or Mr Tripodi in relation to Operation Cyrus due to insufficient admissible evidence to form the basis of a prosecution.
On the same day, ICAC made corrupt conduct findings against Mr Obeid in relation to the granting of water licences and the engagement of Direct Health Solutions Pty Ltd, without disclosing his interests in them. These corrupt conduct findings were the result of the investigations in Operation Cabot and Operation Meeka respectively. ICAC has recommended that the DPP consider prosecuting Mr Obeid in relation the use of his position to influence public servants in Operation Cabot but has noted there was insufficient evidence for a prosecution in Operation Meeka.
The DPP will now investigate whether it will proceed with any prosecution of Mr Obeid.
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In the media
Victims await compensation decision over Canberra
firestorm
An appeal over compensation for damages from Canberra's 2003
firestorm has come to an end. The current appeal was prompted by a
Supreme Court ruling that the New South Wales firefighters had been
negligent in not putting out the fires at an earlier stage, but
that they had acted in good faith (05 June 2014)
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Councils to keep GFC compensation after Federal Court
ruling
The full bench of the Federal Court has upheld a ruling that the
councils are entitled to compensation The ruling comes after ABN
Amro Bank, Standard & Poors' and Local Government Financial
Services (LGFS) appealed a judgment by a single judge of the
Federal Court which awarded NSW councils around $30 million in
compensation for their financial losses (06 June 2014)
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Moses and Paul Obeid to challenge ACCC action in Federal
Court
Paul Obeid is joining his brother Moses in challenging ACCC orders
that they provide evidence, with lawyers challenging the notices,
seeking a Federal Court declaration that they are invalid. The
ACCC's investigation comes on the back of a report on the
tender by the NSW Independent Commission Against Corruption (06
June 2014)
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ICAC finds Edward Obeid Sr corrupt after misusing
position as MP over Cherrydale Park water licences and Direct
Health Solutions Pty Ltd
The ICAC has found that former member of the Legislative Council
Edward Obeid Sr engaged in corrupt conduct through misusing his
position as a member of Parliament to benefit his family's
interests (05 June 2014)
More...
ICAC finds the Hon Edward Obeid and the Hon Joseph
Tripodi corrupt over Circular Quay retail lease
policy
The ICAC has found that former member of the NSW Legislative
Council the Hon Edward Obeid and former minister the Hon Joseph
Tripodi engaged in corrupt conduct concerning retail leases at
Circular Quay in which the Obeid family had financial interests (05
June 2014)
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Metgasco 'cleared' by ICAC
The mining company that had its controversial coal seam drilling
licence suspended by the NSW government says it has had its name
cleared by the state's corruption watchdog. In a letter sent to
Metgasco's lawyers ICAC deputy commissioner said there was
"no information currently before the commission that
Metgasco's shareholder arrangements fall within the ICAC's
jurisdiction" (02 June 2014)
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Minister praises police following quarterly crime
statistics - NSW
The NSW Bureau of Crime Statistics and Research has released its
quarterly update of NSW crime statistics for the 24 months to March
2014. Minister for Police and Emergency Services Stuart Ayres is
pleased to see most major crime categories are either stable or
falling (02 June 2014) More...
Commissioner Scipione welcomes Special Commission of
Inquiry report - NSW
The NSW Police Force has welcomed the report and notes the
findings of the Special Commission of Inquiry into matters relating
to the Police investigation of certain child abuse allegations in
the Catholic Diocese of Maitland-Newcastle (02 June 2014)
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Certifiers must report disciplinary action in other
jurisdictions
A recent investigation reinforces the obligation for certifiers to
report disciplinary action taken against them in other
jurisdictions, when a recent investigation also uncovered past
misconduct in another State that the certifier had not disclosed to
the Board ( Section 61 of the Building Professionals Act 2005) (27
May 2014)
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ICAC finds NSW SES Commissioner corrupt, recommends
dismissal
The ICAC has found that NSW State Emergency Service (SES)
Commissioner Murray Kear engaged in corrupt conduct through failing
to properly investigate allegations against Deputy Commissioner
Steven Pearce, and by dismissing Deputy Commissioner Tara McCarthy
from her employment with the SES substantially in reprisal for her
making allegations against Mr Pearce (28 May 2014)
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In practice and courts
NCAT Legal Bulletin
The Legal Bulletin is an e-newsletter highlighting interesting
case law from NCAT's jurisdiction, and other useful information
and updates that are of significance to the Tribunal's work (30
May 2014)
More...
Published – articles, papers, reports
NSW recorded crime statistics: quarterly update March
2014
NSW Bureau of Crime Statistics and Research; 2 June 2014
In the 24 months to March 2014, domestic violence, indecent
assault and fraud increased in New South Wales, while other types
of major offences decreased or remained stable.
More...
Cases
Warren v NSW Trustee and Guardian [2014] NSWCATAP
20
ADMINISTRATIVE LAW -Access to Government Information - Application
for review of agency decisions relating to two separate documents -
Tribunal set aside agency decisions, and remitted the application,
with findings allowing a greater degree of disclosure of each of
the two documents - Applicant dissatisfied - Appeal - Extent of
Tribunal's examination of relevant considerations favouring
disclosure - Adequacy of reasons - Appeal dismissed.
More...
Lend Lease (Millers Point) Pty Limited v Council of the
City of Sydney [2014] NSWLEC 64
Lend Lease (Millers Point) Pty Limited's summons dated 14
February 2013 is dismissed. JUDICIAL REVIEW - Crown land in part of
Barangaroo occupied under various licences rateable under Local
Government Act 1993 - statutory construction of rating provisions
of Local Government Act - whether land held under a lease for
private purpose Allocation of the Administration of Acts Barangaroo
Delivery Authority Act 2009 s 3, s 6, s 7, s 8, s 14, s 17, s 18, s
36 More...
Legislation
NSW
Proclamations commencing Acts
Child Protection Legislation Amendment Act 2014 No 8 (2014-322) — published LW 6 June 2014 This Proclamation appoints 29 October 2014 as the day the Child Protection Amendment Act 2014 commences.
Regulations and other miscellaneous instruments
Children and Young Persons (Care and Protection) Amendment
Regulation 2014 (2014-323) — published LW 6 June
2014
This Regulation prescribes the form and manner of the consent to
be given by a child or young person who is 12 or more years of age
to the making of a guardianship order and makes provisions with
respect to assessment of suitability of persons to make
applications to be
allocated parental responsibility under section 79A of the
Children and Young Persons (Care and Protection) Act 1998.
Civil and Administrative Tribunal Rules (Amendment No 1) 2014 (2014-324) — published LW 6 June 2014 - The object of these Rules is to amend the Civil and Administrative Tribunal Rules 2014 to make further provision with respect to the granting of access (third party access) to Registry documents to persons who are not parties to proceedings.
Uniform Civil Procedure Rules (Amendment No 66) 2014 (2014-339)
— published LW 6 June 2014
The object of these Rules is to provide that a garnishee order
does not operate to attach to a debt if the debt is in an amount of
less than $20 standing to the credit of the judgment debtor in a
financial institution.
State Records Amendment (Destruction of Prints) Regulation 2014 (2014-352) — published LW 6 June 2014 - The object of this Regulation is to exclude fingerprints or palm prints taken in connection with an application for a licence under the Tattoo Parlours Act 2012 from the protection measures of the State Records
Bills introduced Government
Crimes (Domestic and Personal Violence) Amendment (Information
Sharing) Bill 2014
The objects of this Bill include to permit dealings with
information about a primary person (a person alleged to be
threatened by or subject to domestic violence) and any associated
respondent (an alleged perpetrator of violence or the threat),
without the consent of the primary person or associated respondent.
The Bill also sets out circumstances where an agency can deal with
information about a person without their consent, where the agency
believes domestic violence poses a serious threat to life, health
or safety of any person.
Statute Law (Miscellaneous Provisions) Bill 2014
This Act makes minor amendments to various Acts and regulations to
effect the purpose of statute law revision.
Bills revised following amendment in Committee
Election Funding, Expenditure and Disclosures Consequential
Amendment Bill 2014
The objects of this Bill are to remove and replace invalid
provisions and consequential amendments made to the Election
Funding, Expenditure and Disclosures Act 1981, following the High
Court decision of Unions NSW & Ors v State of New South Wales
[2013] HCA 58.
Bills passed by both Houses of Parliament
Community Services (Complaints, Reviews and Monitoring) Amendment
Bill 2014
The objects of this Bill include authorising the Ombudsman to
review the systems of service providers of community services and
to make reports and recommendations in relation to them and to
clarify that persons advocating on behalf of persons provided with
community services are included in the complaints resolution
process.
Bills assented to
Community Services (Complaints, Reviews and Monitoring)
Amendment Act 2014 No 20 — Assented to 5 June 2014
For the full text of Bills, and details on the passage of Bills,
see Bills.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.