WBDE Human Rights and Ethics Panel
PO Box 140
NEWTOWN NSW 2204 AUSTRALIA Web: http://www.wbde.org
|15 March 2007|
|For the personal attention of:||The Monitoring Bodies for UN Convention Against Corruption (UNCAC) United Nations Office on Drugs and Crime Vienna International Centre PO Box 500, A-1400 Vienna , Austria Fax: +43 1 26060 5866|
Who We Are:
WhistleBlowers Documents Exposed (WBDE) is a self-funded people's activist initiative working in the public interest particularly in whistleblower cases. Our panels investigate, report, and lobby against corrupt actions and willful blindness especially in the areas of Australian public office from the top level (Prime Minister, Premiers, Politicians, pseudo watchdog Agencies etc) down. More information and some of our actions are published on our WhistleBlowers' Documents Exposed site: http://www.wbde.org/
We submit this report in the public interest. We ask the UNODC that Australia:
WBDE acknowledge the work commenced in devising the principles and actions propounded in United Nations Convention Against Corruption (UNCAC) and especially its call on countries to promote actively the involvement of non-governmental and community-based organizations such as WBDE to give them a voice. We note that:
Questioning the Publicity
UNODC's acceptance and implied endorsement of Australia's processes, especially in the areas of anti-corruption and whistleblowers cases, may be seriously misplaced.
The 2 references above could imply that UNODC have found that:
a) there are acceptable levels of anti-corruption action in Australia, especially actions based on New South Wales Independent Commission Against Corruption [NSW ICAC], and their Act. That there are acceptable levels of transparency and acceptable treatment of whistleblowers who report perceived and evidential corrupt acts to Australian government including their NSW ICAC;
b) Australia has and is properly financing its internal administration of UNCAC and anti-corruption measures (including protecting whistleblowers) sufficient to warrant Australia making donations to help promote UNCAC and proper anti-corruption actions in (other?) countries.
Responsibility: to Manage Truthful, Reliable Publicity - The Need to Guide and Protect Whistleblowers and Potential Whistleblowers
We believe that UNODC should take explicit steps to clarify these impressions to the general reader especially Australians for fear that they will seriously, perhaps fatally, endanger themselves if they act on misplaced trust, or misleading information. It can be very dangerous if a corruption reporter (whistleblower) is lulled into a false sense of security and reports corruption to a corrupt entity, or tries to have the government authorities [including ICAC] address corruption if that organization is a façade structured to dupe people into thinking that it truly performs anti-corruption actions and protections.
As part of WBDE processes we have records from whistleblowers and other publications through more than 10 years to the present day showing that whistleblowers have referred their evidence and complaints to NSW ICAC. While WBDE do not have a record of NSW ICAC ever properly addressing reported crime/corruption, we do hold comprehensive records of:
i). NSW ICAC vigorously persecuting and suing the whistleblower; and
ii). NSW ICAC used by Police Department to deposit unwanted reports of crime, and the perceived criminal acts remain there unaddressed for year after year.
To substantiate this, we list below links to documents referred to.
NSW ICAC Prevents Investigation of Corruption and/or Crime
Since its inception NSW ICAC has been used not only to prevent corruption/crime being properly investigated, but to actively persecute/torture the whistleblower through the years.
CASE 1: National Parks and Wildlife Services (NPWS) employee John Kite, truthfully reported and foretold of imminent danger and loss of life at Thredbo. After it did occur, under FOI Mr Kite found a "smoking gun memo" in his file http://www.wbde.org/documents/2001_Jun_25_Transcript_NPW_Smoking_Gun_Memo_John_Kite.php The memo had been written by NPWS.
NPWS's memo referred to Mr Kite, his report, and forthcoming Coronial Inquiry. NPWS identified ICAC as the organization to 'deal with it'
In 2001 ICAC accused Mr Kite seemingly in an attempt to have him jailed. http://www.wbde.org/documents/2001_Sep_19_ICAC_John_Kite.php
In 2005, 2 years after Australia signed the UNCAC , Mr Kite was vindicated. The Australian people in the form of a jury saved Mr Kite; they found for Mr Kite and against ICAC who were, with government backing still pursuing whistleblower Mr Kite. http://www.wbde.org/documents/2005_November_30_%20abc_news_John_Kite_Cleared.php
Australian government evidently still made no attempt to protect this whistleblower.
Those who mounted and supported the attack on Mr Kite are seemingly still quite safe from retribution in Australia.
Now, 4 years after Australia signed to implement UNCAC apparently this is just another case of Australian corruption still unaddressed, and never likely to be under the current corrupt regime.
CASE 2: Whistleblower TAFE teacher Mrs Val Kerrison's ordeal extends from the first government threats to her in 1994 to the present day. The government's Crown Solicitor's Office is currently pursuing her in court. Her story is published world wide http://www.wbde.org/documents/2006_Mar_03_IndyMedia_HealthQuestingValKerrison.php .
During Mrs Kerrison's pleas to Prime Minister's, Premier's, Ombudsman's, Attorney General's etc offices to do their public duty and address the corruption and crime she reported, and stop persecuting her, Mrs Kerrison made further discoveries. She uncovered that Australian government agencies such as the education, community services, and police authorities, hired another government agency HealthQuest to write fraudulent "Retirement Certificates" against unwanted staff - particularly whistleblowers, including Mrs Kerrison. These agencies then simply changed, and backdated the whistleblowers' personnel records on computer, and created the illusion that they were not an employee. NSW ICAC has held Mrs Kerrison's allegations since around 1998.
When Mrs Val Kerrison reported these seemingly glaring criminal actions to Department of Public Prosecutions and Police Department they, apparently on orders from above (Premier Carr? Attorney General Shaw? Prime Minister Howard? Iemma?) directed the police to deposit/leave these serious criminal charges in NSW ICAC where they remain unaddressed to this day.
Public officers and government legal officers personally profit hugely from their corrupt action/inaction http://www.wbde.org/documents/Measuring_some_of_the_cost.php and every complaint and item of evidence still, today, remains unaddressed by some hundreds of public servants including Prime Minister Mr Howard, Opposition Leader Kevin Rudd, those few major players listed in that file, and masses more who, innocently or otherwise, come on board and fight the whistleblower.
Conversely the WBDE voluntary panel members easily investigated and identified more than 30 illegal actions secretly and arbitrarily carried out by government officers against Mrs Kerrison. WBDE Panels declared them all patently Null and Void but this is also ignored by government http://www.wbde.org/documents/Procedulal_Fairness_Panels.php
Australian Prime Minister (the presumed signatory to UNCAC) does not even acknowledge the letters and evidence which Mrs Kerrison, her family and friends, reporters, and others have sent to him over these years. Others offices such as ICAC, Premiers, Opposition etc also either do not even acknowledge the complaints of corruption, or else 'flick' the evidence elsewhere to be ignored through the years. This has cost, and continues to cost the Australian public purse a fortune -- many hundreds of times the amount it would have taken to fix the problem for Mrs Kerrison -- and the cost continues to grow.
Recently Mrs Kerrison again formally reported criminal elements and actions performed against her http://www.wbde.org/documents/Re-reporting_Apparent_Crime_Submitted_6%20February_2.pdf This report is currently also either ignored or 'flicked' unaddressed and uninvestigated. There is apparently no organization in Australia to protect whistleblower Mrs Kerrison, or any anti-corruption authority or judiciary which will, after more than 13 years of the government persecution of her, address her plight and restore her right to her job, income, and unblemished reputation..
Therefore we deem it to be highly unsafe for people, particularly whistleblowers to lodge corruption complaints to NSW ICAC, or make complaints to other Australian government bodies including the Prime Minister and Opposition etc. Our records of the damage inflicted on internal reporters/whistleblowers by Australian government covers ruining the whistleblower physically and financially, wrecking their families and relationships, torture, arbitrary secret black-bans from their workplace, secret files with unsubstantiated serious allegations on the whistleblower and their families, etc, and last, but not least - unrelenting willful blindness to all evidence of their own corruption and maladministration.
If you require further information to address this, please do not hesitate to contact us at the above address
WBDE Human Rights and Ethics Panel