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What happens when you make a complaint to the Crime and Misconduct Commission?
(This page is in the process of construction)
Making a complaint to the Queensland Crime and Misconduct Commision (CMC).
Will the CMC actually investigate your complaint?
3600 complaints were made to the Queensland Crime and Misconduct Commission in 2006-2007.
2% of the complaints were actually investigated by the CMC.
17% of the complaints were assessed as "needing no action".
81% of the complaints were "referred back" to the public service department concerned.
Of the 81% of complaints to the CMC that were 'referred back" to the public service department concerned -
in 15% of cases, the public service departments did nothing.
in 54% of cases, the public service departments found that the complaint was "not substantiated".
(But how many of these public service departments allowed the public servant who had been complained about to control the investigation into their own behaviour? Because if you ring up the CMC and tell them that this is what is actually going on, they just say they have no problem with this. They will tell you that it is not their responsibility.)
in 31% of cases, some disciplinary or other action was taken in relation to the original complaint / allegation.
(But was the "disciplinary or other action" effective? For example, if you find evidence of that public servants are abusing official polices in order to bully teachers, is it effective to change a few words in those official policies and then send out a Media Release to announce the development of a "new policy"? Has the public - and the whistleblowers who sacrifice their health and their careers to report corruption - the right to expect change? The right to expect that the corruption will actually stop?)
Mr Beattie said... "This is about good administration and this is about implementing what Fitzgerald intended to do. "
Anti-crime agency "acted in right spirit", The Courier-Mail, 01 October 2002. Historical link preserved from the original page.
Crime and Misconduct Commission Annual Report 2006-07 ( available on the CMC website http://www.cmc.qld.gov.au/asp/index.asp ) Historical link preserved from the original page.
What sort of "crimes" do the Crime and Misconduct Commissioner actually investigate?
Former corporate taxation officer Chris Murphy was investigated by the CMC in October 2002 in connection with a false travel claim for $98.
Why did the CMC decide to investigate this allegation themselves?
Chris Murphy's name was on a document tabled in Parliament in 2002 which suggested he may have disseminated some Government-sensitive information via his computer.
Chris said that at 6:00 AM one day in October 2002, soon after the document was tabled, he heard a very loud thump on his door.
It was a dawn raid.
Three sergeants and a senior sergeant connected with the CMC went through his house searching for evidence of his crime.
His computer records were taken.
In November 2002 the CMC sent two officers to Melbourne to question his 80 year old mother.
They also interviewed her neighbours.
Chris pleaded guilty to the charge, was fined $300 and ordered to repay the $98.
The magistrate was so unimpressed with the gravity of the offence that he did not record a conviction.
CMC risks trivialising its own role, Editorial, The Courier-Mail, 20 June 2003. Historical link preserved from the original page.
$98 chase costs thousands, Michael Madigan, The Courier-Mail, 20 June 2003. Historical link preserved from the original page.
Why do we have a Parliamentary Crime and Misconduct Commission Committee?
In his 1989 report into corruption in Queensland, Commissioner Tony Fitzgerald said parliamentary committees must be a "vital and energetic part of giving effect to the democratic process, particularly in respect of complex issues".
Tony Fitzgerald said that parliamentary committees "would increase the chance that misconduct, incompetence or inefficiency will be exposed".
... Without information there can be no accountability. It follows that in an atmosphere of secrecy or indadequate information, corruption flourishes.
After the serious corruption his commission exposed in Queensland, Tony Fitzgerald's recommendations were welcomed by both sides of politics.
Now Queensland politicians pocket an extra $400,000 a year to sit on parliamentary committees that are doing next to nothing.
Government decision-making and spending are not being scrutinised by cross-party committees as advocated by Tony Fitzgerald.
Mr Beattie said that it was the responsibility of individual committee chairmen and women what they investigated, and that he would not like to interfere with their day-to-day running.
Opposition Leader Jeff Seeney said that the parliamentary committees were "an absolute joke".
Clayton's committees a sad joke, Editorial, The Courier-Mail, February 18, 2007. Historical link preserved from the original page.
What do the Parliamentary Crime and Misconduct Commission Committee actually do?
One Queensland teacher explains -
On 16 July 2006 I wrote to the Parliamentary Crime and Misconduct Committee (PCMC) -
Paul Hoolihan, Chairperson and Member for Keppel
Howard Hobbs, Member for Warrego
Liz Cunningham, Member for Gladstone
Jack Dempsey, Member for Bundaberg
Simon Finn, Member for Yeerongpilly
Christine Smith, Member for Burleigh
Dean Wells, member for Murrumba
I complained that, on 19 April 2005 Russell Pearce, Acting Director, Complaints Services, CMC had written to me to advise me that he had "accepted" the Education Queensland "internal review" of my complaint, despite the fact that -
A significant conflict of interest on political grounds in the District Office had affected my case,
but the "internal reviewer" had not been allowed to ask any questions about this conflict of interest,
I had first disclosed this conflict of interest in an email to Ombudsman R. S, copied to mailbox@cmc.qld.gov.au on November 6 2003 at 12:40 (it is the second part of this document).
I discussed this disclosure with an Ombudsman and to Eve Gardiner CMC during lengthy phone conversations on 26 November 2003.
Following suggestions made by Eve Gardiner CMC, I edited the document and emailed the disclosure to Eve Gardiner CMC again at 5:32 PM and to the Ombudsman at 7:03 PM on the evening of Wednesday 26 November 2003.
The CMC obviously handed the disclosure to Education Queensland because Education Queensland have several copies of this disclosure in -
a) Administrative Law Services Branch FOI 2733 Files X and Y
and also in
b) Workforce Standards and Performance Unit 2606 files E and F.
But my disclosure of discrimination and conflict of interest on political grounds - my main disclosure to the CMC - was not provided to the Education Queensland "internal reviewer" of my complaint.
Education Queensland employ many solicitors and barristers. And they employ at least one discrimination solicitor with previous experience at the Human Rights and Equal Opportunity Commission. My complaint concerned discrimination. But senior officers of Education Queensland chose an Aboriginal employee with no qualifications in education, law or psychology, to "review" my discrimination complaint.
the "internal review" and the Verifact Commercial Investigation were tightly controlled by the person whose behaviour I had complained about to the Crime and Misconduct Commission (CMC)
the "internal review" was based on a huge mass of falsified "records",
imaginary conversations concerning me seem to have been "recorded"
and then secretly placed on my Departmental file.
this breach of many Education Queensland policies has significantly disadvantaged me.
many of the falsified "records" are of an appalling professional standard, little more than a jumble of undated, unsigned scribbles on sticky notes and loose scraps of paper,
I was not shown any of these falsified "records" before April 2004
and, in fact, I have found no evidence that any of these falsified documents existed before April 2004,
some of the falsified documents were gradually released to me under Freedom of Information (FOI) after 27 April 2004,
but a large number of falsified and re-falsified documents were not released to me till after 12 July 2004.
the "internal reviewer" completed the first draft review of the falsified documents on 29 July 2004,
this was 17 days after the second mass of falsified and concealed FOI documents had been released to me for the first time (refer to FOI document 2733 L 15).
several documents "vanished" during the FOI process and have not been released to me to this date, 22 November 2007,
there are several references in the FOI documents to "investigations" that seem to have been secretly conducted into my complaint,
the reports of these "investigations" are being concealed from me to this date, 22 November 2007.
My responses to the falsified "records" were "not considered" by the "internal reviewer".
In view of the CMC's conduct in simply "accepting" this earlier Education Queensland "internal review", I asked the PCMC to support my request to be allowed to read the Verifact Commercial Investigation Report BEFORE the CMC accepted it, declared the investigation finalised and refused to allow me to respond to the report.
But on 4 January 2007 the CMC advised me that...
the department considers that it has done all that it can to address your concerns... I would ask that you please refrain from sending any further emails or other correspondence to, and from telephoning, the CMC.
In making this decision the CMC are fully aware that -
for the past six and a half years Education Queensland senior Officers have refused to show me the notes to (Grade 7 teacher N. T.) from Desley or to explain what the allegations against me were in the notes to (Grade 7 teacher N. T.) from Desley
(these real or imaginary "secret allegations" concerning me are described in more detail at http://www.badapplebullies.com/investigations.htm ) Historical link preserved from the original page.
for the past six and a half years Education Queensland senior officers have refuse to show me the lot of allegations on lots of pieces of paper to prove how things may have happened. or to explain what these allegations were.
and for the past six and a half years Education Queensland senior officers have refused to allow me -
the opportunity to respond to the allegations against me,
the opportunity to have my responses to the allegations considered,
the opportunity to be found innocent of these allegations
and to have the decision to punish me officially struck off my file.
to this date, 22 November, 2007, I have not been allowed to read the Verifact Commercial Investigation report or to respond to the report.
At no stage of the Education Queensland / CMC / PCMC "process" have I been allowed Natural Justice.
And on 23 February 2007 the Parliamentary Crime and Misconduct Committee finally replied to my letter dated 16 July 2006.
They said that they had no jurisdiction in relation to Education Queensland.
The CMC chairperson had reviewed my case and he had told the PCMC that the CMC officers had behaved appropriately.
And the PCMC simply accepted the advice of the CMC chairperson.
In simply accepting the decision of the CMC to "turn a blind eye" to -
the systemic abuse of the Queensland Department of Education Managing Unsatisfactory Performance process
and the systemic abuse of the Grievance Process
to bully Queensland teachers into ill health retirement,
these well-paid members of the Parliamentary Crime and Misconduct Committee have passively facilitated the ongoing abuse of all Queensland teachers.
I was bullied in 2000 because the Bad Apple Mob who bullied me knew that the dysfunctional / corrupt / incompetent CMC / Education Queensland investigation processes would allow them to bully me.
Former Coalition leader Lawrence Springborg once famously declared: "The CMC could not track a bleeding elephant through the snow. "
Watching the watchdogs, Peter Cameron, The Bulletin, 07 October, 2006.
We have seen these internal investigations in the past. They're held, no result is ever known, no action is ever taken.
Opposition Leader Lawrence Springborg, quoted in Child-rape inquiry "not good enough", Rosanne Barrett and Steven Wardill, P.2, The Courier-Mail 20/06/2006. ) Historical link preserved from the original page.