From pages 126 and 127 of the Proof Committee Hansard of the Senate Rural and Regional Affairs and Transport Legislation Committee's hearings of 14 Feb 05 (copy available at
http://www.aph.gov.au/hansard/senate/commttee/S8083.pdf) :
Senator MARK BISHOP—At page 82 of the CASA annual report, Mr Byron, under the heading ‘Investigation’, it states:
In April 2004 CASA commissioned Mr Stephen Skehill, Special Counsel with Mallesons Stephen Jacques, to investigate allegations made about CASA’s North Queensland Area Office.
What are the allegations exactly that have been made?
Mr Byron—The allegations are an internal matter, effectively, by CASA officers regarding CASA officers. They are fairly sensitive personal issues that I took seriously at the time and believed, in the appropriate way to manage the staffing issues within CASA, that I needed an independent investigation.
Senator MARK BISHOP—Do they go to issues of impropriety?
Mr Byron—I would need to check on that. Our considered view is that it went close to impropriety, without checking the detail.
Senator MARK BISHOP—It strikes me as being somewhat unusual that you regard the behaviour as so serious that you have got an independent investigation of CASA employees in relation to other CASA employees and you have commissioned senior counsel to do it.
Mr Byron—The issue was such—I would need to double-check the detail of the allegations—that at the time it was serious enough for me to make sure that there was a proper, thorough, independent investigation and it was seen to be done independently and thoroughly.
Senator MARK BISHOP—Does it go to improper personal behaviour or issues of misuse of resources or financing?
Mr Byron—To the best of my recollection it is related to behaviour.
Senator MARK BISHOP—Where is the investigation up to?
Mr Byron—I have received the report. I have considered it in conjunction with the chief operating officer and other senior managers and we have put in place an action plan that requires a number of people in the management organisation to do a certain number of things to sort the issues out that were raised.
Senator MARK BISHOP—It has been considered by the senior management team; the investigation has concluded; its recommendations have been considered; you have devised an action plan; and the action plan is in the process of being implemented.
Mr Byron—Yes.
Senator MARK BISHOP—Is there any potential liability to CASA or the Commonwealth as a result of the findings?
Mr Byron—We do not believe so.
Senator MARK BISHOP—What was the cost of that investigation?
Mr Byron—I am advised approximately $50,000.
Senator MARK BISHOP—I am in the wrong business! What was the process by which Mr Skehill and Mallesons were selected to carry out the investigation?
Mr Byron—Mallesons are part of CASA’s legal panel. We have an approved list and they were on the legal panel.
Senator MARK BISHOP—Mr Skehill is a former secretary of the Attorney-General’s Department. Has the investigation now concluded? Are Mr Skehill and Mallesons making other inquiries into CASA operations?
Mr Byron—No. As I mentioned, the inquiry is complete. I received the report some months ago and my orders are to get on and get the action items sorted out.
Senator MARK BISHOP—It is a one-off up in North Queensland?
Mr Byron—Yes.
Senator MARK BISHOP—Which is now concluded.
Mr Byron—Yes.
CHAIR—There are no implications under the Crimes Act?
Mr Byron—No.
Senator MARK BISHOP—Were any staff dismissed or disciplined?
Mr Byron—There was no-one dismissed. The summary is that there were a range of peripheral issues related to behaviour that need to be sorted out and that forms the core of the action items. That is pretty well the summary of it.
Senator MARK BISHOP—If I want more detail I will do it on a confidential basis.