IMPOTENT ACTS:
327 Offence of perjury(1) Any person who in or in connection with any judicial proceeding makes any false statement on oath concerning any matter which is material to the proceeding, knowing the statement to be false or not believing it to be true, is guilty of perjury and liable to imprisonment for 10 years.(2) A statement can be considered to have been made in connection with a judicial proceeding whether or not a judicial proceeding has commenced, or ever commences, in connection with it.(3) The determination of whether a statement is material to a judicial proceeding that has not commenced is to be made on the basis of any judicial proceeding likely to arise in connection with the statement.(4) The question of whether any matter is material to a proceeding is a question of law.
This section of the Act looks very impressive, even encouraging, and gives the impression the public has hope corruption in the state of NSW will be investigated and offenders will be held to account whenever they make false and misleading statements on oath in ANY judicial proceedings.
After all, it says ANY person. It does not exclude government employees.
ANY judicial proceedings is further taken to include the NCAT.
On its face the public would naturally expect this is a section of the Crimes Act, that is an Act concerning criminal offences, to mean what it says.
Let's face it; a crime is a crime is a crime is a crime!
The public’s expectations and its reality is quite different however.
A great deal of the public have witnessed serious offending by those in positions of executive public office in the exercise of fundamental administrative functions, such as responding to statutory requirements under the Government Information (Public Access) Act 2009 and the Privacy and Personal Information Protection Act 1998.
These functions of government often lead to formal judicial review in the NSW Civil & Administrative Tribunal (NCAT), with agency personnel on the record making false and misleading statements they personally authored and know qualify as serious offences under the Act. Such actions constitute deliberate acts of perjury. In fact, evidence of perjury was officially reported to the NCAT in 2017, with the NCAT stating it was a matter for NSW Police. It was here that, after a long 6-month wait on NSW Police, the informer was told it was actually a matter for NCAT with investiaging officers stating “We don’t do perjury”. Apparently there is no such thing as the Crimes Act 1900 Section 327 – Offence of Perjury in relation to judicial proceedings involving the NCAT. Hard to believe! And even if perjury has occurred, the public must take it up with the NSW Civil and Administrative Tribunal (NCAT) directly, as that is the forum where it occurred. How is that possible, the public asks, when the Tribunal is on the record stating “We don’t do conduct” no matter the gravity, no matter the evidence. Sadly, it does seem the Crimes Act 1900 Section 327 does not apply to NSW government employees whenever they enter NCAT proceedings, leaving the public with the impression there is no equity before the law; it depends entirely on who you are and where you are employed. As such, the public's opinion based on evidence of events has revealed this clause of the legislation has no value whatsoever in the particular judicial arena of the NCAT.
These functions of government often lead to formal judicial review in the NSW Civil & Administrative Tribunal (NCAT), with agency personnel on the record making false and misleading statements they personally authored and know qualify as serious offences under the Act. Such actions constitute deliberate acts of perjury. In fact, evidence of perjury was officially reported to the NCAT in 2017, with the NCAT stating it was a matter for NSW Police. It was here that, after a long 6-month wait on NSW Police, the informer was told it was actually a matter for NCAT with investiaging officers stating “We don’t do perjury”. Apparently there is no such thing as the Crimes Act 1900 Section 327 – Offence of Perjury in relation to judicial proceedings involving the NCAT. Hard to believe! And even if perjury has occurred, the public must take it up with the NSW Civil and Administrative Tribunal (NCAT) directly, as that is the forum where it occurred. How is that possible, the public asks, when the Tribunal is on the record stating “We don’t do conduct” no matter the gravity, no matter the evidence. Sadly, it does seem the Crimes Act 1900 Section 327 does not apply to NSW government employees whenever they enter NCAT proceedings, leaving the public with the impression there is no equity before the law; it depends entirely on who you are and where you are employed. As such, the public's opinion based on evidence of events has revealed this clause of the legislation has no value whatsoever in the particular judicial arena of the NCAT.