BIG GIRLS DON'T CRY

Dear Diary,

Friday 05th October 2018

Today was another day before the NCAT.  As usual I was nervous, overtired, intimidated.

Today’s session followed on from yesterday.

Seemed like a great deal of fuss for documents concerning Port Stephens Council’s Code of Conduct Files.

These investigations were undertaken by the Governance Manager Tony Wickham, who was also the Code of Conduct Coordinator, Executive Officer, Complaints Handling Officer, Right to Information Officer, and Privacy Officer.  He also occupied the role of Joint Custodian of Secondary Employment.

It was hard going, two days of listening to Council solicitor Carlo Zoppo ramble on about how Council’s searches for information had been more than adequate and satisfied the requirements of the legislation.

Me in turn rambling on in equal fashion, particularly as there was no actual evidence of any searches.  In my view someone was instructed to go to the files and make a copy; plain and simple.

I’d had the opportunity to peruse the documents Council did provide in response to a valid Access Application, under GIPA of course.

Council had provided all MY Code of Conduct report files, nobody else’s.  And no documents evidencing the actions taken by Council.  Clearly Codes of Conduct just vanish into the compactus abyss never to be seen again.

I’d recalled filing a Code of Conduct Report about the General Manager Wayne Wallis, an unremarkable individual who'd risen through Council's beaurocratic ranks.

Tony Wickham, as Code of Conduct Coordinator, had compiled my report and included a covering letter under the guise of the Mayor Bruce MacKenzie's hand, but it was actually Mr Wickham doing all the dirty work, making sure his aim was true.  The bundle had been sent to the NSW Office of Local Government.

Tony Wickham’s covering letter stated ‘additional documents enclosed for the OLG’s information.’

I’d flicked through each of the documents provided in response to my GIPA request, nothing of interest for the most part.

But this one, Wayne Wallis’s report, this one was different.  In between the pages was a letter, authored by Tony Wickham himself.

Definitely no mistaking that name and the email address, yes it was definitely Tony Wickham, signing off as Executive Officer.

It was dated 17th March 2015.

And it was addressed to Kathryn Luis Investigating Officer of the Office of the NSW Information & Privacy Commissioner.

Ms Luis had contacted Council about a complaint from my husband as Council had refused to accept a valid access application in contravention of the legislation.

My husband had requested unedited copies of open access information mandated for release, Objecting Submissions to our own development application with Council.

So here was Tony Wickham now responding to the IPC’s enquiry.

When I first read the letter I was taken aback by it.

Understandably I was shocked, could this be real?  Has this actually been penned by a Council Executive Officer?  And provided to several government departments?

What was going on here?!

The letter falsely stated apprehended violence orders had been issued against my husband and I, that police had attended our neighbourhood due to disturbances involving us, that we had personally attacked Council staff, and that the requested open access information had been withheld from us due to our posing a serious risk to public safety.

I read it over and over again.

Yes, that’s what it stated.

At first I didn’t know what to do with this evidence a Council Executive Officer had acted corruptly in order to influence departmental decision-makers.

I mean, let’s not muck around, this was absolutely and completely corrupt.

Tony Wickham knew his letter was false and misleading.  I wondered if he’d even hesitated for a moment when writing it, or whether it flowed easily as if he’d acted in this way before; probably, no definitely.

Should I assume he provided his toxic letter to the NCAT in our earlier proceedings of 2016 and 2017?  Is this how he managed to convince several Tribunal Members, capitalising on secret confidential sessions excluding us, filing an equally confidential Statement withheld from us, that Council’s claims of a risk of harm, serious harassment and serious intimidation were valid?!

It all made grotesque sense now.

And so now it was coming to the end of Day 2 of this hearing which was obviously going nowhere.

It was my turn to sum up.

As I read my pre-written closing submissions I could see my reference to Tony Wickham’s false and misleading letter at the bottom of the page, a letter also provided to the NCAT in a copy of the documents released to me.

I could see the sentence, the words, the phrases “apprehended violence orders………police…….personal attacks…….serious risk to public safety……..”, coming towards me like a freight train out of control.  It was heading straight for me and I couldn’t avoid it.

I was in a nightmare and couldn’t wake up.

I wasn’t prepared for any reaction to the words I planned to speak.  I’d intended to read them out loud, tell everyone what kind of agency I was dealing with, identify the perpetrator and get it on the public record.

But I could feel the overwhelming flood of emotions the realisation this letter was now no longer just part of a file in the IPC, protected by aspects of the GIPA Act to ensure agencies are not caused any undue embarrassment, or worse perhaps held to account.

For it was me, sitting there trying to represent myself, I was the one who was embarrassed.

Embarrassed to realise this false and misleading letter crafted to deliberately paint an untrue picture of who my husband and I were, had been travelling around the departmental traps for over three years with the two of us completely unawares.

I asked the presiding member if I could be excused and left the hearing room, tears flooding down my face.

“What’s come over you?” I thought.  “And in public too!”  The gallery was overflowing with Council staff and members of the public.

Big girls don’t cry, at least not in public and on display, and most certainly not for the pleasure of the author of such a disgraceful example of public servant abuse of power and position.  Yes, Tony Wickham was sitting right there.

Something changed in me today.

I cried in public, something that’s never happened before, and will never happen again.

I made my resolve.

No matter how much corruption I expose through my freedom of information journey, no matter how much I’m hurt, slandered, my character falsely attacked and attempts to destroy and dissuade me, I will not show my emotions again.

Because this is not about me, this is about them.