When the Independent Commission Against Corruption (ICAC) came to Wollongong last Thursday, the public forum panel led with serious, high-profile cases, including that of disgraced former MP Daryl Maguire, recently sentenced for giving misleading evidence at a 2018 ICAC inquiry.
In question time, the focus switched to reporting local matters.
Peter Sarlos, a member of Neighbourhood Forum 1, had travelled from Wollongong’s northern suburbs to the North Beach Novotel to ask about the complaints process.
Addressing Acting Ombudsman Chris Clayton, Peter said: “I belong to a Neighbourhood organisation, which is sponsored by the Council – we hear from members of the public all the time [about issues], some of which we investigate and some of which suggest that there is conduct that needs to be looked at. But how can members of the public make a complaint?”
“Any member of the public can make a complaint to the Ombudsman,” Mr Clayton replied. “So if there are concerns around activities of agencies that we oversight – which is, broadly speaking, state government agencies, local councils, public universities in New South Wales and community providers of community services in New South Wales – we can consider any complaint that's made to us. We'll go through a process of assessing that complaint and then considering what action we can take.”
ICAC Chief Commissioner John Hatzistergos AM and the Commissioner at the Law Enforcement Conduct Commission, Anina Johnson, echoed this response, saying all members of the public may make complaints, either in writing, via email or website forms, or over the phone to assessment officers.
Commissioner Hatzistergos added: "We prefer you do it in a way which doesn't publicise the fact that you're making a referral." This would be to avoid "reputational implications" or alerting the subject and impacting ICAC's investigation "should we decide that that's the course we want to follow".
After the hour-long forum – which attracted about 30 people and was part of a statewide tour raising awareness about the integrity agencies' work – Peter Sarlos told the Illawarra Flame why he attended: “I believe there are some issues in Wollongong that are not being addressed properly by the council… Also, I think there's a little bit of bias. I think there's a structural problem with council.”
Peter was accompanied by Warwick Erwin, the long-serving convenor of NF1, who said he learned something valuable: “That the authorities aren't as far away to talk to as a lot of people expect them to be. They're easier to talk to and approach – even if you're not sure you've got something to approach them with.”
Warwick said he was interested in the ICAC discussion about whether a concern was trivial or not. “Making that decision is not something that is lightly done,” he said.
“And it's also not something for us,” Peter added. “It's something for them.”
Neighbourhood Forums are independent groups of residents supported by Wollongong City Council. Operating at the grassroots of democracy, forums are run by volunteers, who hear residents’ concerns at monthly meetings and follow up with federal, state or local government departments.
NF5 – which covers central Wollongong – also had representatives at Thursday’s forum, including David Winterbottom, Council's former head of planning.
David said it was good of ICAC to come out and talk to the community.
"I went because I was not quite sure how ICAC or the Ombudsman operated, and the meeting was useful in clarifying much,” he said,
“I was pleased at the emphasis on maintaining public confidence in the organisations being investigated and the comprehensive way in which investigations were carried out. It seems entirely appropriate that the agencies within which corruption or malpractice is accused should have first opportunity to investigate and respond.
“I was surprised at just how big the organisations were – suggesting either overkill in terms of resources or that there is much more corruption in the system of government in NSW than I had imagined.”
Another local resident, who has more than 50 years of experience working for and with NSW Councils, applauded ICAC’s successes since its creation in 1988 but questioned whether the integrity agency’s “wide brief yet inevitably limited resources” could do justice to issues arising from NSW’s 128 local councils.
“Therefore, is it time to request the Minns government to restore investigative powers and resources to the Department [now Office] of Local Government, for which Minister [Ron] Hoenig has decades of knowledge and capabilities?
“Then dedicated OLG staff experienced in Council politics, management and operations can again effectively investigate and expose community concerns, such as significant mismanagement of Council funds.”
The resident, who asked not to be named, believes this would help people maintain trust in local government.
Thursday’s event was for members of the public and Wollongong councillors attended a separate session. Attendees at the ICAC public forum received gift bags containing information brochures, as well as an ICAC-branded keep-cup, toy football, notepad and pen.
