In the midst of active NCAT proceedings and in the hope of the Applicant Telina Webb withdrawing her Application for Administrative Review, Council as the Respondent today gave instructions for a number of documents to be further released.

The Governance Manager holding tight rein on the proceedings, Tony Leslie Wickham, was overseeing the matter with his colleague in-house Council solicitor Lisa Helene Marshall.

Webb had lodged a valid access application under the Government Information (Public Access) Act 2009, or more affectionately known as GIPA, seeking access to a number of Code of Conduct files concerning reports by Webb and her husband Paul McEwan.

Despite heavy evidence of gross professional misconduct qualifying for numerous Code of Conduct Reports, no individual had been held to account; all reports had been extinguished by either Wickham or Marshall in their joint roles as Code of Conduct Coordinators.

The role of Code of Conduct Coordinator included compilation of the report, evidence, and responses from the subject.

And these (2) two, Wickham and Marshall, had made sure no report came to fruition. 

In addition to the roles of Code of Conduct Coordinator and Governance Manager, Wickham also held the positions of Senior Right to Information Officer, Senior Privacy Officer, Complaints Handling Officer, Executive Officer, and Joint Custodian of Secondary Employment with Marshall.  Clearly a great team.

Now Webb had sought a review of the Notice of Decision issued by Council in the NSW Civil & Administrative Tribunal, NCAT, for those Code of Conduct records and background documents.

By email today however Council’s contracted solicitor Carlo Zoppo of Lindsay Taylor Lawyers, wrote to Webb seeking her withdrawal of her Application for Administrative Review, based on the assertion all documents pertaining to the request for information had been released, which was not accurate.

And so it was today, under cover of Zoppo’s letter Webb would flick through to pages 74 and 75 of the bundle to see an unredacted letter authored by Tony Leslie Wickham.

Webb had not seen this document prior and had to this date no knowledge of its existence.

The letter had been placed inside a Code of Conduct Report forwarded to the Office of Local Government (OLG); the document forwarded because it concerned a report about the General Manager Wayne Wallis.

The covering letter to the OLG stated “I have also included Council documentation which may be of assistance in considering this complaint.”
Let’s not forget, it is Tony Wickham who is the Code of Conduct Coodinator.  Not the supposed author of the covering letter Mayor McKenzie.

It is Tony Wickham who has compiled the covering letter, laying it before the Mayor for signing.  It’s just all to easy and convenient.

So what was so special about this letter authored by Wickham, inserted into the bundle for the OLG’s consideration and additional information?  McKenzie is not expected to have had knowledge of its inclusion, as was likely Wickham’s intention.

After all, the Mayor does not have ready access to the Council compactus, and he would not be aware of the existence of the letter in any event.

So what was this letter and why was it so important for inclusion in a Code of Conduct Report about Council’s General Manager, and what was its relevance?

It was Wickham’s personal response to an Investigating Officer of the NSW Information and Privacy Commissioner (IPC).

Mr McEwan had complained to the IPC in February 2015 about Council’s refusal to provide open access information mandated for release free of charge; it had refused to do so Informally in accordance with the legislation, and Council had notified Mr McEwan it would not accept a Formal Request.

As such the IPC had written to Council making generic enquiries.

On 17th March 2015 Wickham thereafter sent his reply to that enquiry.

This was it; this was the document; the reply to a valid complaint about Council acting in breach of the legislation, denying the public access to its beneficial legislation the GIPA Act 2009.

At first it was a shock to read Wickham’s letter:  apparently apprehended violence orders had been issued against Mr McEwan and his wife, police had been called to their neighbourhood due to disturbances involving them, they had been videoing neighbours, and information had been withheld from both Mr McEwan and his wife due to them posing a serious risk to public safety.

These were extraordinary claims!

Ordinarily such a letter is protected under the GIPA Act 2009 Exempt Information Clause, a clause which shields agency actions when interacting with secondary agencies.

Basically, it’s a green light to make any statement about any person on the expectation the victim is never made aware of it, and thus prevented from taking any action.

What a perk!

But here it was in black and white with Wickham’s signature, completely unredacted, and without any public request to do so.

This letter, this false and misleading document designed to influence an Investigating Officer of the IPC, went somewhat to explain the continued unfounded claims by Port Stephens Council that Mr McEwan and his wife could not have lawful access to Council records because allowing them such access would somehow place people at risk of harm from them.

No; there were no AVOs!

No; they were not videoing neighbours!

No; police had not been called to their neighbourhood due to disturbances involving them!

And most certainly NO, they did not and had never posed any risk to public safety.

If anything, this letter revealed exactly who it was that posed the harm to public safety.

It was all a ruse, and by the Port Stephens Council Corporate Policeman himself, Tony Leslie Wickham.  Not only was the letter a ruse, Wickham inserted it into the Code of Conduct report to the OLG to, yet again, influence a key decision-maker.  And his used executive position, his knowledge of the legislation and governmental protocols to facilitate his action, knowing nobody was likely to ask him a single question.  And even if they did, he would provide the answer!

Carlo Zoppo also knew it was all false, albeit he had complied with Council instructions in earlier proceedings to press the false claim.  But now, Carlo Zoppo was having a crisis of conscience, and so he released the document to Telina Webb under cover of his corporate email, completely unredacted.

Webb will no doubt be making ongoing commentary on this atrocious letter, in particular, asking which Council staff or solicitor reported Wickham for acting in contravention of the Code of Conduct by writing it, and in effect made a report to NSW Police for the commission of a serious offence under the Crimes Act 1900?

Until this letter is thoroughly scrutinised and Wickham is called to account for acting unlawfully on several fronts in one almighty foul swoop, one thing is for certain; this was a cowardly deceitful act by an individual sitting in the position of Corporate Policeman, who knew ordinarily his corrupt conduct would be protected; but who is policing the policeman?
View Wickham’s unredacted stellar letter here.
Contact:

Office of Local Government:  olg@olg.nsw.gov.au

Information & Privacy Commissioner:  ipcinfo@ipc.nsw.gov.au

Lisa Marshall:  lisa.marshall@portstephens.nsw.gov.au

Tony Wickham:  Tony.wickham@portstephens.nsw.gov.au

Carlo Zoppo:  www.lindsaytaylorlawyers.com.au