Complaint to ICAC against Service NSW Grant Clawback Extortion (PART 5)

We haven’t dealt with the NSW I.C.A.C. before.

One’s never had the need, nor dare say been targeted by this state Commission.  But then one’s not in the NSW Government and chooses not to mix in such circles.

Though yet in a previous life, one has contracted for a number of different NSW Government public authorities over a decade or so.  Over time one got to know the NSW public service environment and its culture, having experienced senior administrative ‘stints’ to NSW public service ‘Grade 6’ level and mixed amongst departmental senior management.

Roles included Senior Management Accountant,  Senior Financial Reporting and Systems Accountant, Business Analyst, FP&A Analyst, IBM TM1/VBA Database Developer, each appointment within the NSW public service in a mix of full time and contractual capacities within the head offices of the following:

  1. NSW Roads and Traffic Authority (remember them?)
  2. NSW Department of Juvenile Justice
  3. NSW Department of Energy Australia
  4. NSW Department of Sydney Ports Corporation
  5. NSW Department of Ageing, Disability and Home Care
  6. NSW Department of Education and Training
  7. NSW Department of Public Prosecutions

Was one, ‘he‘, then a ‘Public Servant’ during this time?  Yes, professionally and proudly.  But also with contractual bouts outside across Sydney’s cut-throat corporate sphere, and then in external consulting in database development.

Do you think ‘he‘ managed to gain insight into ‘goings on’ and ‘cover your butt from pollies methodologies’ during all this experienced time into the administration and machinations of the executives?  Yes.

But one’s days are long gone in this not-so-happy culture and surely the many players of the day have either long moved on, else more likely by now, retired.

Moving on oneself, Steve’s a private tour operator, amongst other interests, some way away from that ‘big smoke’ culture, happily.

In now dealing with the NSW I.C.A.C. in the big smoke remotely, well, from one’s ab initio experience thus far, frankly we’re not particularly impressed with ICAC.

Same goes for the NSW Ombudsman – seat warmers!  We won’t be offering positive references of either to others.

 

So, back to our letter to the I.C.A.C. 20th September 2024 expressing our concerns about their Mr Griffith’s dismissiveness toward our initiated case to the I.C.A.C.:

“I raise with you my early concerns that I have thus far from our correspondence to date that I consider you are not treating my serious matter with the respect it deserves, irrespective of other cases that likely come before the NSW I.C.A.C….”

In reply from I.C.A.C., we then receive a more conciliatory letter to our expressed concerns by someone seemingly more senior up the I.C.A.C. food chain.

Below we reproduce that I.C.A.C. next letter to us from a Justin Benitez, A/Deputy Manager Assessments.  [NOTE:  “A/” in government cultural lingo means ‘acting‘ in the role.  Sadly, from our experience, it can be some years before the “A/” gets a promotion of removal.  It’s part of being under the thumb by the promise of role ‘permanency’ – an illusion that, in government bureaucracy, never comes.]

We also herein provide a PDF version of that same letter which we make available for download and printing:

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Mr Steven Ridd

By email only: steve@naturetrail.com.au

Our ref: E24/1996 Contact: Stuart Griffiths Email: icac@icac.nsw.gov.au

 

23 September 2024

 

Dear Mr Ridd

I refer to your email of 20 September 2024, addressed to Senior Assessment Officer Stuart Griffiths and the Commission.

 

Thank you for the further information you have provided in respect of your concerns with Service NSW. I note that within your correspondence, you indicate your intention to provide seven further batches of emails to the Commission including the personal accounts of 32 recipients of the 2021 Covid-19 Micro Business Grant (the grant), including your own.

At present, I note that the Commission has considered:

 

In the circumstances, the Commission is willing to accept at face value that a number of other grant recipients have had experiences with Service NSW similar to yours, whereby they consider Service NSW has engaged in bullying and accusatory behaviour while seeking to recover the grant funding they received.

 

I appreciate the basis on which you may wish to provide the personal stories of other grant recipients, however the Commission does not have a role in remedying their personal circumstances. Providing materials from other grant recipients that are substantially the same as those you have provided is not necessary. That said, should any of the other 31 grant recipients hold unique information that indicates a likelihood that Service NSW has deliberately engaged in dishonest and menacing behaviour for a corrupt purpose, then you are welcome to provide it in support of your allegations. Critically, it should extend beyond simply cataloguing Service NSW’s audit/collection activity and indicate some likelihood of involving corruption.

 

I appreciate that given your experience with Service NSW to date, you may hold some level of distrust towards the administrative processes of NSW public agencies, potentially including the Commission. However, I ask for your patience during our assessment of your concerns and your respect of our processes.

 

I assure you that the Commission will carefully consider all of the information you have provided in support of your concerns. In due course, our Assessment Panel, which is comprised of the Chief Commissioner, two Commissioners, and our Executive Directors of Investigation, Legal and Corruption Prevention, will decide what action to take in respect of the concerns you have raised.

 

In response to the queries in your email of 19 September 2024, I note that:

 

  • you may provide whatever supporting information you wish in respect of your concerns, but as noted above, replicating substantially the same information across 31 other grant recipients is not necessary

 

  • you may provide your supporting materials via email, however I would appreciate your efforts to limit the duplication of any such materials and, where possible, to focus on those materials that you consider may indicate corrupt conduct, rather than simply providing all materials associated with the grant administration process

 

  • it is ultimately a matter for you as to whom you communicate with regarding this However, it is the Commission’s approach in all reports of corrupt conduct to maintain confidentiality where possible. I appreciate that your concerns have aired publicly on A Current Affair, however the Commission’s approach remains the same. It is preferred, in any report of corrupt conduct to the Commission, that the report remain confidential.

 

I trust that this letter addresses the Commission’s processes in respect of our receipt and assessment of your concerns.

 

I would appreciate you providing any further information in support of concerns by Friday, 4 October 2024. We will commence an assessment of the matters raised after that date.

 

Thank you for contacting the Commission. Yours sincerely

 

Justin Benitez

A/Deputy Manager Assessments

 

OFFICIAL: Sensitive – NSW Government

 

OUR TAKES ON THIS LETTER:

 

These are our ‘takes.  We leave it to others to interpret each and reflect, particular to those 31 (now 36) small business owners who have reached out to us at Nature Trail, who have been targeted by this grant clawback scheme and of those the many whom have received intimidating debt collection notices by Revenue NSW out of Service NSW’s unconscionable extortion.

We hold our own views to the following words from the I.C.A.C.’s A/Deputy Manager Assessments.

[1]  NSW I.C.A.C.:

“the Commission does not have a role in remedying their personal circumstances”

 

[2]  NSW I.C.A.C. :

“Providing materials from other grant recipients that are substantially the same as those you have provided is not necessary.”

[3]  NSW I.C.A.C.:

 “That said, should any of the other 31 grant recipients hold unique information that indicates a likelihood that Service NSW has deliberately engaged in dishonest and menacing behaviour for a corrupt purpose, then you are welcome to provide it in support of your allegations. Critically, it should extend beyond simply cataloguing Service NSW’s audit/collection activity and indicate some likelihood of involving corruption.”

[4]  NSW I.C.A.C.:

“I appreciate that given your experience with Service NSW to date, you may hold some level of distrust towards the administrative processes of NSW public agencies, potentially including the Commission.”

[5]  NSW I.C.A.C.:

“I assure you that the Commission will carefully consider all of the information you have provided in support of your concerns. In due course, our Assessment Panel, which is comprised of the Chief Commissioner, two Commissioners, and our Executive Directors of Investigation, Legal and Corruption Prevention, will decide what action to take in respect of the concerns you have raised.”

[6]  NSW I.C.A.C. :

“you may provide whatever supporting information you wish in respect of your concerns, but as noted above, replicating substantially the same information across 31 other grant recipients is not necessary”

[7]  NSW I.C.A.C.: 

“you may provide your supporting materials via email, however I would appreciate your efforts to limit the duplication of any such materials and, where possible, to focus on those materials that you consider may indicate corrupt conduct, rather than simply providing all materials associated with the grant administration process”

[8]  NSW I.C.A.C.:

“I would appreciate you providing any further information in support of concerns by Friday, 4 October 2024.” 

 

[OUR COMMENT:  So we’re granted an arbitrary just 2 weeks to compile all the evidence on behalf of the other 31 targeted Grant recipients who have reached out to us at Nature Trail.  We managed to submit 19 to the ICAC by email by the deadline.]

 

Well, we don’t forget this clause on the NSW I.C.A.C.’s complaint website:

 

References:

 

[1]  ‘Complaint to ICAC against Service NSW Grant Clawback Extortion (PART 1)‘, 2024-10-20, Nature Trail, Mountains Drums Blog, Government Indian Giving Campaign, ^https://naturetrail.com.au/blog-post/complaint-to-icac-against-service-nsw-grant-clawback-extortion-scheme-part-1/

[2]  ‘Complaint to ICAC against Service NSW Grant Clawback Extortion (PART 2)‘, 2024-10-22, Nature Trail, Mountains Drums Blog, Government Indian Giving Campaign, ^https://naturetrail.com.au/blog-post/complaint-to-icac-against-service-nsw-grant-clawback-extortion-scheme-part-2/

[3]  ‘Complaint to ICAC against Service NSW Grant Clawback Extortion (PART 3)‘, 2024-10-24, Nature Trail, Mountains Drums Blog, Government Indian Giving Campaign, ^https://naturetrail.com.au/blog-post/complaint-to-icac-against-service-nsw-grant-clawback-extortion-part-3/

[4]   ‘Complaint to ICAC against Service NSW Grant Clawback Extortion (PART 4): Is NSW I.C.A.C. serious?‘, 2026-10-24, Nature Trail, Mountains Drums Blog, Government Indian Giving Campaign, ^https://naturetrail.com.au/blog-post/complaint-to-icac-against-service-nsw-grant-clawback-extortion-part-4-is-nsw-i-c-a-c-serious/