For more than 10 years now,my employer and myself have been victims of an INJURIOUS FALSEHOOD constructed & perpetrated by alleged corrupt current & former senior NSW Education officers.

This INJURIOUS FALSEHOOD which prevents my employer from receiving legitimate unsolicited enquiries for goods & services from our NSW state school customers (enquiries sent to our blocked commercial workplace email addresses):

  • is clearly designed to damage our business reputation (a company established in 1957)
  • is clearly intended to disrupt our legitimate business dealings with NSW state schools whom we have been supplying for decades
  • is clearly intended to cause us financial damage through lost business
  • forces us to make unnecessary & unwanted Freedom of Information enquiries (now known as GIPA access applications) to access those blocked enquiries from our customers

When those GIPA access applications are made,the decision makers are mostly,if not all,those alleged corrupt senior NSW education officers (or complicit officers) who are alleged to go out of their way to ensure that the information sought access to is either obstructed,unreasonably delayed or denied.

The conduct of those GSE Act employed NSW education officers who perform tasks associated with our Freedom of Information requests is alleged to be blatantly UNLAWFUL & malicious.

Despite the NSW Civil & Adminstrative Tribunal (NCAT) having the statutory obligation & discretion to PROTECT the public’s Freedom of Information rights,almost every tribunal member who has been required to do so has either sidestepped or simply ignored this obligation.

The author has even been told by a member that the tribunal “does not do conduct”

This statement blatantly disregards the GIPA Act Sect.111,Sect.112,Sect.116,Sect.117,Sect.118,Sect.119 & Sect.120 and the authority bestowed on the tribunal under Sect.112.

These are quite clearly PROTECTIONS for the public but I have yet to have any member of the tribunal even admit that those are their purposes (at a hearing,I specifically asked Senior Member John McAteer*,former NSW Privacy Commissioner,why Sect.112 was in the GIPA Act?His response was to provide me with a history lesson on how Sect.112 was in the Act rather than just admit that SEct.112 is a protection for the publics Freedom of Information rights)

 

If you go to the REFERENCE page,the obstruction of Freedom of Information enquiries & undermining / breaching of Freedom of Information laws is almost a national “sport”.

Freedom of Information laws are supposed to ensure

for the public interest.

The NSW Civil & Administrative Tribunal is a willing party to the obstruction & undermining of the NSW Freedom of Information / Government Information Public Access laws.

A major concern is that the current NCAT president is former NSW Crown Solicitor Lea Armstrong

For those not knowing about the Crown Solicitors Office (CSO) , the CSO is EXCLUSIVELY used by the NSW government (no NSW citizen or company has access to the CSO services) and they provide SPECIALIST legal services,very often in Freedom of Information court cases,with a sole purpose to protect the government (I would argue at “all costs”).

I think there should be a serious public concern about a reasonably & likely perceived conflict of interest arising from a former Crown Solicitor being appointed the head of the NSW Civil & Addministrative Tribunal.

NCAT is supposed to be an “impartial” & “independent” statutory body but this appears to be at odds which my experiences.

There is a legitimate & serious requirement to speak out against the NSW Civil & Administrative Tribunal (NCAT).

Complaints of misconduct & abuses by NCAT members & GSE Act employed registry officers are in most cases ignored.

A principal problem with the dealing of such complaints is that NCAT has “oversight” of itself so there is the serious risk of a conflict of interest

 

NCAT Annual report 2020-2021 Pg 79/107

 *McAteer, John BA (Macq) MA (Macq) BLegS (Macq) GDLP (UTS)
Senior Member. Legal practitioner (Australian Lawyer) admitted 2001 solicitor NSW and Commonwealth. Currently, solicitor in sole practice, board member, NFP social housing provider, Liveable Australia Foundation. From 2009-2011, NSW Privacy Commissioner; 2006-2009, Registrar Victims Compensation Tribunal; 2002-2006, solicitor advocate, NSW Attorney General’s; 1996-2002, senior investigator, NSW Ombudsman. Qualified mediator.

 

 

BACKGROUND

Around 2010,our customers,NSW state schools,were complaining to us about supplier monopolies  which resulted from NSW state schools being forced to buy supplies off government contracts which were not competitive with the prices of the same or similar products from suppliers who weren’t government contractors.

Quite simply,NSW state schools were being ripped off by the enforced supply contracts & taxpayer funds were being wasted.

The author made legitimate & serious complaints on behalf of those NSW state school customers (who feared retribution if they made the complaints themselves) and as a NSW taxpayer.

Those legitimate & serious complaints were brushed aside,ignored or denied using defective & dishonest agency spin.

In retribution:

  • one former Chief Procurement Officer sought & succeded in having the education minister of the day Adrian Picolli sign a notice that I was a “repeat writer*”
  • the succeeding Chief Procurement Officer (the above former deputy) constructed the INJURIOUS FALSEHOOD to cause us a financial punishment

Again,government oversight of this alleged blatant & corrupt conduct abysmally failed.

Independer Commission Against Corruption )ICAC) refused to act (this is not unusual.David Ipp at the time was of the opinion that “lobbying” was not a concern for corruption)

ICAC even ignored a referral from the Premiers Office General Counsel

The NSW Ombudsman,Bruce Barbour “passed the buck” by ignoring the alleged blatant & malicious breach of those officers conduct obligations (including the legislated mandatory conduct obligations required under the Government Sector Employment Act Sect.7 Government Sector Core Values

 

*NOTE: GSE Act employed officer conduct which breaches those

GSE ACT Sect.7 Government Sector Core Values LEGISLATED MANDATORY CONDUCT OBLIGATIONS

is reasonably & legitimately considered UNLAWFUL CONDUCT