Federal ICAC, page-61

  1. 478 Posts.
    No there isn't, but there are mechanisms accessible to examine the matter. The legal developments emerging includes Maurice Blackburn's threat of federal court action if their client doesn't receive the grant monies they applied for. It would be telling If the government capitulates to avoid scrutiny in the courts.

    In addition,

    Private legal firms are considering taking on our politicians over the sports rorts scandal, thereby creating a rather important precedent in this country.


    https://www.thebigsmoke.com.au/2020/03/11/law-firms-are-considering-making-our-politicians-liable-over-corruption/

    ... Now, legal expert Geoffrey Lindell, an emeritus professor in law at the University of Adelaide, has told the Senate Inquiry that Ms McKenzie could be personally liable for failing to seek advice about whether she had the legal authority to give out $100 million of sports grants.


    He submitted that he has ‘serious doubt’ that Ms McKenzie had authority to approve the grants; a submission which echoes concerns by the Australian National Audit Office (ANAO) and other experts, including professor Anne Twomey, a law professor at Sydney University, who has in the past acted as a consultant to various government departments.

    Legal challenges possible


    Several law firms have already threatened to bring legal challenges, and if they succeeded the minister’s decisions would have “no legal effect” and Sport Australia would have to decide the grants, from scratch, with a clean slate.


    Mr Lindell also noted in his submission to the Senate inquiry that the Public Governance Performance and Accountability Act could allow the commonwealth to recover grant money from McKenzie for “loss of relevant money”.


    ”For this liability to be established it would have to be shown that the payments resulted from her ‘misconduct or by a deliberate or serious disregard of reasonable standards of care’,” Lindell said.


    Mr Lindell also pointed out the “little-explored possible criminal consequences when public officers don’t comply with statute law, particularly when done with full knowledge of the facts.”

    Not related but simply to underscore the need for oversight, in NSW the following is in motion,

    'It's not your job?': NSW Premier defends ministers under fire


    http://www.msn.com/en-au/news/australia/its-not-your-job-nsw-premier-defends-ministers-under-fire/ar-BB114FYI


    ... In a separate line of questioning, Labor MPs suggested Mr Ayres had "failed the Bridget McKenzie test" by not disclosing his membership of the Panthers or their donations before he promised $12 million to the club for a multi-use centre which won't deliver any sports facilities.


    Ms Berejiklian said the "donations benefited the entire Liberal Party organisation" and his membership of the club "is irrelevant" to breaching the ministerial code of conduct because thousands of people are members.


    Labor MLC Adam Searle asked: "It's not your job to make sure ministers comply with the code [of conduct]?"

    Ms Berejiklian replied: "You (Labor) have felt it appropriate to refer this [to ICAC] why would I undertake a separate investigation when that body has full jurisdiction, full authority and is independent of government?

 
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