Complaint before the Commonwealth Ombudsman - NACC and corruption arising over the $610 million NAIF Loan complaint, page-9

Interesting Tinwins.

As you can see from the email/letter to the Commonwealth Ombudsman I am persisting with the fight. Documents sent to me by NAIF's Chris Collins were encrypted to make it difficult for me to use them. So much for transparency in the Australian Public Service. NAIF turned to the Australian Government Solicitor, (AGS), to do the encryption; with the very latest software to do it.

Commissioner Brereton and CEO Reed now have officer, "not previously involved", doing the review of Brereton's WHITEWASH DETERMINATION. It will make for interesting reading given all the abuse of power that has gone on. Imagine the pressure that might be exerted in the NACC?

Have also provided copies of email/letters to Inspector Furness and the Auditor-General, (the ANAO).

Mr Iain Anderson

Commonwealth Ombudsman

Dear Mr Anderson

Commonwealth Ombudsman Complaints Officer, Joshua, asked on 22 May, to be kept in the loop with respect to Complaint 2025-802459.

This email does that.

A scan of the three files provided by Mr Chris Collins confirms that the words REFINANCE, REFINANCING, SOLICITOR-GENERAL, LEGAL, OPINION, DEVELOPMENT and PROJECTS are not to be found in them. Similarly a scan of the 24 February letter signed by Commissioner Brereton does not contain those words. Inspector Furness has refused to respond to correspondence and the further formal complaint I have made to her Office. If Inspector Furness had responded to me, (prior to me lodging my FOI Request to NAIF), I can't help but wonder if she would have used the aforementioned words; words avoided, (by an abuse of power), by Commissioner Brereton.

It concerns me that Inspector Furness remains silent on the question put to her - does she know if and when Commissioner Brereton obtained information from NAIF about the terms and conditions of the still-secret "secret" $610 million concessional loan; now benefiting J-Power? The players in the Skip Capital and J-Power takeover schemes knew that information, information kept from Australian taxpayers and the 8,000 odd Genex Power Ltd shareholders by NAIF.

Over and above the issue of the benefits of the concessional loan is the loss of $610 million which ought to have been available for new development projects. Abuse of power has left this second issue unaddressed by Commissioner Brereton.

Had the seemingly, seriously conflicted Chair and Non-Executive Member of the FIRB, Mr Bruce Miller, called upon NAIF to provide a legal opinion from the Solicitor-General and or the AGS the non-disclosure of crucial information might have been revealed to the FIRB and, (formally; not just by me), to Black J of the NSW Supreme Court. Similarly APS officers in ASIC, the Takeovers Panel, the AGS and the NACC should not have also abused their powers and instead demanded the information from NAIF's Mr Chris Collins.

Abuse of power has been the hallmark of the takeover of Genex Power Ltd. Within the NACC, APS officers ignored advice that an opinion on the transfer of the NAIF loan to the foreign entity had not been obtained. They did not resolve this issue by approaching the other APS officers, the most pivotal being Mr Chris Collins, who they knew had an involvement; like the FIRB's Mr Miller.

Commissioner Brereton and Inspector Furness have not, it seems, after nearly one year, not acted to address the abuses of power which have clouded the administration of the $610 million dollar loan. Brereton signed the letter which confirmed his abuse of power and induced me to lodge my Request to Review. A review to be conducted by other APS officers employed by NACC? This really calls into question the NACC legislation.

NAIF has been asked many, many times for the Terms and Conditions of the loan. Perhaps the Terms and Conditions are sitting in the Attorney-General database; ready to be provided to, among others, the Australian National Audit Office, (ANAO) and your office.

The above aside - the terms and conditions of the loan remain a secret to most; not, however, to many of those who played their parts in both the Skip Capital and J-Power schemes; schemes designed to secure the benefits of the concessional loan; first for Farquhar and Jackson and then the foreign entity, J-Power.

I have copied this email to most of those listed in Mr Collin's 23 May email as well as the ANAO, the new Attorney-General, the A-G Department and Ms Joanna Virtue, (the Branch Head of Fraud Prevention and Anti-Corruption in the Department), who I anticipate will be comprehensively briefing Attorney-General, Michelle Rowland MP.

Yours sincerely

Howard Patrick

27 May 2023

Dear Inspector Furness,

I write again to request a direct answer to a simple but critical question, previously raised and still unanswered:

Did Commissioner Brereton, or any officer of the National Anti-Corruption Commission, ever obtain from NAIF the full terms and conditions of the $610 million concessional loan to Genex Power Ltd?

A clear “yes” or “no” answer would be appreciated. I submit this as part of my continuing complaint and reiterate the serious public interest implications of this issue.

Yours sincerely,

Howard Patrick

27 May 2025

Dear Auditor-General,

I respectfully request that the Australian National Audit Office initiate a performance or compliance audit into the administration and oversight of a $610 million concessional loan issued by the Northern Australia Infrastructure Facility (NAIF) to Genex Power Ltd.

This request arises due to the following concerns:

NAIF has refused to disclose the terms and conditions of the loan, even after the takeover of Genex Power Ltd by J-Power, a foreign corporation.

It appears that the loan, originally intended to support infrastructure in northern Australia, was not refinanced despite a material change in ownership and control.

The loan now benefits a foreign entity, with the Australian taxpayer deprived of transparency, and possibly financial return or refinancing conditions that would protect the Commonwealth interest.

Moreover, key Commonwealth entities—including the Foreign Investment Review Board (FIRB), the Australian Securities and Investments Commission (ASIC), the Takeovers Panel, and the National Anti-Corruption Commission (NACC)—appear not to have obtained or examined the loan's terms.

I believe this raises questions of potential maladministration and calls into question NAIF’s compliance with its legal and fiduciary obligations under the PGPA Act.

I am happy to provide all supporting documents, including Freedom of Information requests and responses, formal complaints, and annotated analysis of decision letters from NAIF and the NACC.

Yours faithfully,

Howard Patrick

27 May 2025

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