Wednesday, December 30, 2009

One reason South Australia must get an ICAC


ONE REASON WHY SOUTH AUSTRALIA NEEDS AN ICAC: ME!


Many types of issues taken to the Equal Opportunity Commissioner (EOC) would not fall under the umbrella of an ICAC, an Independent Commission Against Corruption.

However, my experience with the EOC, of engaging with a Government investigative body, is relevant when propped against the current Labor Government’s opinion that this state is adequately served by a number of ICAC-like bodies.


On 27 February 2003, I lodged a complaint of racial discrimination,sexual harassment and victimization  against one Executive Manager and one Senior Manager of the Office of the Public Trustee, and a complaint against the Office of the Public Trustee arguing vicarious liability.

On 10 June 2003, the Commissioner for Equal Opportunity, Ms Linda Matthews sent a letter to Ms Catherine O’Loughlin, Public Trustee, seeking her response to my allegations.

Public Trustee Executive, upon receipt of this letter, consulted with EOC staff, and received assistance from that same staff to prepare the PT response for submission to the EOC! How the hell does that work?

On 2 July 2003, Ms Matthews received that response.

By letter dated 26 August 2003, the Commissioner, Ms Matthews advised me, in part:


‘I confirm that in my opinion your complaint is lacking in substance’

‘I am of the opinion that the Office of the Public Trustee took reasonable steps to prevent the behaviour from occurring’

‘I do not think that it could be established that the Office of the Public Trustee instructed, authorized or connived in the acts of sexual harassment’

As a result of this determination, I lodged a complaint against the EOC with the State Ombudsman, Mr. Eugene Biganovsky. He investigated, and by letter dated 2 April 2004, provided me with responses from Ms Matthews, which included:

Q. Did the EOC approach witnesses identified by the complainant?
Her answer: NO

Q. Did the EOC approach Public Trustee Human Resources?
Again her answer was NO.

 Although the Commissioner of Equal Opportunity fobbed me off, under the EO Legislation I had the right to request a hearing in the District Court in front of the Equal Opportunity Tribunal. And armed with Precedents, representing myself, I took on Crown Law. And I must say, it wasn’t that much of a challenge!!

25 June 2004, Judge Rice, Equal Opportunity Tribunal, District Court of South Australia:


We find that Mr McKibbin raised with Mr O’Neill, on a number of occasions before August, 2002, the sexually suggestive conduct and behaviour of Mr H. We are unable to say on how many occasions Mr McKibbin did so, but we consider it to be a significant number.


In our view, in this instance Public Trustee impliedly authorised Mr H’s conduct (and here we are not referring to management conduct or style) by doing nothing about Mr McKibbin complaints or not doing sufficient about them. In our view, Public Trustee has vicariously authorised that conduct

My experience with the EOC was one of huge frustration, and one of total bewilderment:

SO, WHY DID THE EOC MAKE A DECISION NOT TO INTERVIEW ANY OF MY WITNESSES?


As a result of the Ombudsman’s findings, I did attend a Conciliation Conference with the EOC Deputy Commissioner, and one of the explanations offered was ‘…in hindsight it could have been handled better….’

As an aside, we now have the findings of the subsequent Parliamentary Inquiry of 2009, that also contradict the findings of the EO Commissioner, Ms Linda Matthews.

This is one of the many rungs I had to climb during the past 10 years, and it was one of the greasy rungs. It proved, initially, to be a total bloody waste of time. The findings of subsequent investigations undeniably confirm that the Commissioner for Equal Opportunity GOT IT WRONG!!!!


And what a bizarre journey it was, as I found myself lodging complaints against the bodies I had lodged complaints with. Go figure!

I can but wonder how many hapless souls have been to the EOC over the years, only to be ‘moved along’.

So, after years of whistleblowing, numerous inept investigations by various state government bodies, a Court Case, a 2-year Internal Investigation, and then a Parliamentary Inquiry you might think I am a happy chappy. Well, this happy chappy is now unemployed, broke, and fighting every bloody week to keep his family from being evicted. And all those people that looked to me for help during those years???? They seem to have forgotten how to click REPLY in their Email program.

Would I do it again? YEP!!!! Cuz it was the right and only thing to do.