Tuesday, February 9, 2010

CEO of the Attorney-General's Dept: SPRUNG!!!

Mr. Jerome Maguire. CEO of Justice. CEO of the Attorney-General’s Department. My oh my, the apples definitely do not fall far from the Atkinson tree!

In a previous Post, I reported details of the Moss Inquiry. Disciplinary Inquiry findings the Attorney-General’s Department did its utmost to keep locked up inside its cryogenic chamber somewhere in 45 Pirie Street....until the CEO had to appear before the Select Committee.


On the afternoon of Friday 13 November 2009, under questioning from The Chair of the Budget and Finance Committee, the honourable CEO of Justice, Mr. Jerome Maguire responded:

7335 The CHAIRPERSON: What penalty, if any, was applied to him? The concern that has been expressed to me is what you have just indicated; that is, your department has negotiated a TVSP with Mr O’Neill. And so, after all the concerns that had been raised about his behaviour within Public Trustee, an inquiry by Mr Moss into his behaviour, found guilty of an offence or offences, there does not appear to have been any penalty, and not only wasn't there a penalty, the department has negotiated a TVSP with him.

Mr MAGUIRE: Perhaps we should come in there. There was a penalty, and I will take a risk here and I will advise the committee that Mr Moss imposed a reprimand upon Mr O'Neill and that went onto his file. That is the maximum penalty that could have been imposed at the conclusion of the disciplinary hearing. That occurred last year. The two are not related—and I want to make that clear to the committee. The penalty imposition in 2008 and a TVSP acceptance by Mr O’Neill in 2009 are not related. The Public Trustee offered the TVSP to Mr O’Neill and funded that TVSP, and Mr O'Neill took that TVSP. He was surplus to requirements in the Public Trustee.

Methinks the ONLY RISK you took was the risk of looking incompetent. Here, grab a cuppa and a Timtam, and read this:

Section 58(5) of the then Public Sector Management Act 1995:

(5) If, on an inquiry under this section, the Chief Executive is satisfied on the balance of probabilities that the employee is liable to disciplinary action, then the Chief Executive may do one or more of the following:

(a) reprimand the employee;

(b) order that the leave entitlement of the employee be reduced by a specified amount;

(c) order that the employee be suspended from duty in the Public Service for a specified period with or without remuneration and, as the Chief Executive thinks fit, with or without accrual of rights in respect of recreation leave and long service leave;

(d) order that the salary of the employee be reduced by a specified amount for a specified period;

(e) recommend to the Governor—

(i) that the employee be transferred to some other position in the Public Service with a lower remuneration level; or

(ii) that the employee's employment in the Public Service be terminated.

I guess you simply forgot about b, c, d, and the juiciest of them all....(e)(ii)

Just for a moment, a very brief one at that, I wondered how an educated man, maybe even a family man could have not noticed these bits whilst thumbing through the Act. Certainly, and as usual Crown Law would have given you advice on the matter. After all, you are the ‘my advice is’ Bureaucrat.


During my eighth year of Whistleblowing, the year I appeared on Channel 7’s Today Tonight, the same year you unleashed the Government Investigation Unit on me for an alleged breach of the Act (for appearing on the telly), had I not resigned, I just wonder how much more competent you would have been with your legislative interpretations.

Would I have received a Letter of Reprimand? For blowing the whistle in public on the years you and your people turned a collective blind eye to workplace bullying and suss goings-on at the Office of the Public Trustee?

You are a real work of Art my friend. You, the Attorney-General, the Premier, your entire crew including Public Trustee Executive simply did not give a rat’s ass!

Rather, you allocated resources to shove it up moi! Oh yeah, your instructions to Crown Law came through loud and clear in the District Court when, in 2004, I was humiliated in the witness box.

And when it was revealed I had been bullied and molested as a child, did that stop your onslaught...NO! Your Crown Clown just kept on and on and on......your finest hour!


I hope you are aware of Brodie Rae Constance Panlock, 19, a young girl who was subjected to workplace bullying by workmates at Cafe Vamp in Hawthorn, in Melbourne's east, before she threw herself from a multi-storey car park in September 2006.

The animals that drove her to take her own life? You have the very same type of animal within your own departments. A few continue to ply their insidious trade at Public Trustee. And exactly what are you doing about it?

Wow, easy answer.....nothing!

Mark my words. It will happen here. And if under your watch, I would expect much more than the imposition of Section 58(5)(e)(ii)

I am watching.

Oh. I am back in the District Court in 3 weeks. Even though I am no longer an employee of the Government, I am still fighting my ex-employer, unrepresented, for my entitlements. Any pro-bono out there? I am well and truly on the bones of me arse! I have done all the hard yards. I just need some help with the wording required for Discovery of all relevant docs. I think I need some of those fancy legal phrases!


Anonymous said...

Another gem Robbo. How many Executive Directors, Directors and Assistant Directors does Jerome have? How many Personal Assistants (read sychophants) and hanger on-ers does this lot have? And the crunch question - what is the total of this lots salaries? Anyone know how much value they actually add? Do they really use traffic light icons on their reports? Hell that must be fun (and use plenty of expensive color toner of course). Cheers Robbo. J.D.

Anonymous said...

Bullies prefer to keep on targeting the victim in the hope that the victim will do something they can 'get' the victim on. And it is still happening. And an Adelaide Public service victim of bullying was driven to what happened in Melbourne the bullies would not stop at vilifying the victim after they had gone. The bullies in the public service in SA are animals of the lowest order. And they get away with it because people at the top like those mentioned allow them to do so. Oh ever so Niiiiiccccceeee to the victim. Look as if they care. Make sounds as if they will address the issue. But it is all false promises and crap from their lips. The top managers have no intention of stopping it in SA otherwise they would have to admit they appointed the wrong people to the positions. And the bullies get a especially delicious joy from abusing the victim and hanging them out to dry and chuckle as they rot in the corner they have been shoved into. And then the other staff who want to get on start acting like the bullies and the problem escalates. And good people see it happening but why would they take action? Not when they see careers destroyed by the bullies and lies spread behind the backs of the victims. Pretty soon the managers think the lies are fact and the victim spirals into the hell hole the bully shoved them into. Go get another job I hear? No easy. Most bosses want to hear from the last boss. And your bully boss will make sure you never get the job because you are still able to be further bullied - the aim is to completely wreck your life. The SA public service is so riddled with bullies I have to think that those at the top like it that way. Because the people they appoint do not care about uplifting people. They care about creating their empires and hurting the people they want to. There is no merit in the SA public service. There are only incompetent crawlers who get on, those who never say boo to a goose and have not an original thought in their heads but who are tolerated as yes men, There are those who could do even better but have learnt to not appear too competent for fear that the bully will target them but sadly they never reach their true potential under the bully, there are those who dare to ask questions who are slapped down for any show of initiative, and there are competent people who the bully thinks are a threat and who must be destroyed. Not a very happy place the SA public service.

Anonymous said...

Oh God, all that, above, is all so true. Good to hear that other in the PS are willing to speak out. I have seen all that happen. Your watch Mr Rann, your inaction allows it to continue, and your people are doing this, all over the SA public service. And the bit about them trying to find every chink they can to then go after the victim of bullying is so true. Spot on. It is the brown Nosing ambitious favorites of the Managers who then do this dirty work, on behalf of the bully. Often even on the recommendation of the Bully. And Management let it happen. And without you Mr McKibbin all this would have remained hidden. Mr McKibbin you have been dueling with the most underhand manipulative and cruel deviants AKA known as management and managers in the Public Service in SA. I am amazed that you are still standing.

Anonymous said...

Robbo, well done mate. Just imagine if the full extent of your skills were still available to PT? Superior IT skills.Internet savvy. great communicator. man of action. undoubted extensive first hand knowlege of bullying's abusive practices. familiar with effects of that abuse on you and others. As a result of being bullied and shafted all that expertise now not available to PT to support others in a training program to stamp out bullying. Your skills, developed courtesy of PT's aim to make out it did not happen. Ineffective reaction at PT over bullying made you invincable. Could have benefited the whole of govt. PT is not the only govt place where bullies hide. Your Twitter is now ranked at an incredible world class level, as a popular site to support to the bullied. Your research skills are effective. You are reliable, scrupulously honest, and demonstrate integrity and ethics beyond reproach. Once again all skills that PT management either could not see or has no use for at PT. Keep up the good work Robbo, because you are missed at PT. There's a diff between getting and encouraging work to be done, versus the alternative. Which is actively scheme and manipulate behind closed doors to humiliate and demean people the bullies look down on or see as a threat. And some still do not understand the difference. Or choose not to see it. PT poorer for that.

Anonymous said...

Does Public Trustee have any concept of what is bullying and what action really works to stop if happening, now and in the future? I think not.

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