Department of Justice investigation into public servant's hiring of 17yo relative deemed 'inadequate'
An investigation into allegations a senior public servant hired a family member and allowed them to skip the queue for government-funded housing was "wholly inadequate", according to the man tasked with overseeing WA's corruption watchdog.
In an episode that raised questions about how serious corruption and misconduct allegations are handled in the state, the employee's teenage relative was given a three-bedroom home in regional WA, seemingly bypassing a waiting list.
But, as outlined in the report tabled in parliament by the Parliamentary Inspector of the Corruption and Crime Commission Matthew Zilko, those allegations were "simply never investigated" and so no-one involved had been subject to a finding of serious misconduct.
The report said the allegation of wrongdoing first came to light from an anonymous report in July 2023, which said a "very senior public servant on a regional placement" within Department of Justice, had appointed a 17-year-old family member "to an administrative position without declaring a conflict of interest".
Neither the public servant nor their relative was identified in the report.
That initial three-month appointment was extended twice before the recent high school graduate was made permanent, according to the report.
The Corruption and Crime Commission (CCC) was notified and formed a "reasonable suspicion of serious misconduct", Mr Zilko said, but allowed the department to investigate the allegation itself because it said it had already begun its own investigation.
But Mr Zilko said once that probe was completed, it was so substandard it suggested the Justice Department had "insufficient regard" for its legal obligations.
In part that was because the department's investigation also uncovered that the public servant had allocated the relative a three-bedroom government-funded home which "was ordinarily reserved for families", seemingly skipping a waiting list for that housing, according to the report.
Despite those allegations, Mr Zilko's report said the department's investigation was "limited" because it treated the issue as a "disciplinary matter" focused only on the public servant not declaring a conflict of interest.
"Most damningly, whether through inexperience, incompetence or obtuseness, the department never addressed the allegation that [the public servant] had acted corruptly," he wrote.
Shadow Corrective Services Minister Adam Hort said the department's actions did not pass the pub test.
"These are such serious allegations that the community would expect that at the very least there would be a thorough investigation, if not significant consequences for the person at the end of that investigation," he said.
The Justice department declined to comment on whether the senior employee was still employed by the department or if their relative remained in the government house.
In response to the parliamentary inspector, Justice Director General Kylie Maj conceded "the investigation wasn't conducted as well as it might have been", according to the report, but declined to reopen the case because of the department's interpretation of public sector rules.
Ms Maj said she was convinced improvements underway to the department's internal disciplinary process meant "if a similar situation were to arise in the future, the investigation would be handled in a much more satisfactory manner", the report notes.
"That is reassuring, of course, but it does not address the current problem of [the senior employee's] behaviour not being properly investigated and [their relative] remaining in accommodation subsidised by the taxpayer which was intended for families on the housing waiting list."
A Justice department spokesperson did not answer a question about what changes had been made, only saying it takes allegations of misconduct "seriously" and it was confident future investigations would be handled appropriately.
A spokesperson for the Public Sector Commission, which is responsible for misconduct prevention and education, said the commission had accepted the inspector's recommendation to write to the heads of all government authorities "reminding them of their obligations … and the importance of ensuring allegations of misconduct are investigated properly".
Corrective Services Minister Paul Papalia said he had "requested the department provide ongoing updates regarding implementation" of changes made to address the issues raised in the report.
The situation also raised questions about how the CCC handled allegations which warranted investigation, but which it does not have capacity for.
The parliamentary inspector said the issue had been a "longstanding concern" because the legislation only worked if government departments took their obligations "seriously".
"Unfortunately, this is not always the case," he wrote.
In this instance, he criticised the watchdog for not stepping in and overruling the department's decision.
"The commissioner advised that, having weighed current investigative workloads, resourcing constraints and the strategic prioritisation of serious misconduct allegations, he had decided not to investigate this allegation," Mr Zilko wrote.
"I accept that the commission's resources are not limitless, and it is generally entitled to determine its own priorities.
"Nevertheless, the department's abject failure to investigate the allegation referred to it still troubled me."
That failure also troubled the Shadow Attorney-General, Nick Goiran, who echoed the parliamentary inspector's recommendations.
"If the CCC were doing the job the way that they should be, it wouldn't come to this," he said.
"But in the absence of them doing that, in the absence of them then changing their approach after it's been drawn to their attention, what else can the parliamentary inspector do but publish a report like this and say we then need to beef up the legislation?"
He called on Parliament's Joint Standing Committee on the CCC to consider Mr Zilko's recommendations as its first matter of business.
It is understood that committee will meet for the first time next week.
A spokesperson for Attorney General Tony Buti said he would "review the report and consider its findings".
The Corruption and Crime Commission declined to comment.
Hashtags

Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles

ABC News
28 minutes ago
- ABC News
Boy, 12, assisting police following fatal stabbing of man in Broken Hill
Police say a 12-year-old boy is assisting them with their investigations following the stabbing death of a 36-year-old man in Broken Hill last week. Just before midnight on Thursday, June 5, emergency services were called to a home in the city's south for a welfare check. Upon arrival, officers found a man with stab wounds to his neck. Despite the efforts of NSW Ambulance paramedics, the man could not be revived. Police said there was no ongoing threat to the community. Strike Force Cardup, run by officers from the Barrier Police District with assistance from the State Crime Command's Homicide Squad, has been established to investigate the death. A 12-year-old boy is assisting with inquiries into the circumstances leading up to the death of the man, whose identify has not been released. "Police intend to seek legal advice in relation to the matter, and a report will be prepared for the coroner," NSW Police said in a statement. No charges have been laid.

News.com.au
38 minutes ago
- News.com.au
‘Hearts are hurting': Loved ones mourn ‘unfathomable' loss after body of missing woman Esme Caverly found
The loved ones of a young woman who was found dead in a NSW state forest have described her as a 'force of nature' whose 'absence is unfathomable'. Esme Caverly, 25, was reported missing in May. She was last seen at the Minyon Falls Lookout in the Whian Whian State Forest, an area she was known to frequent about 20km of Lismore. Ms Caverly's body was found days later. Police said her death was not suspicious. One of Ms Caverly's closest friends described the 25-year-old as vibrant, creative and witty and said 'many hearts are hurting' following her death. 'Esmé's recent and unexpected death has deeply affected her family, friends, colleagues and the Byron Shire Community. Her absence is unfathomable and many hearts are hurting,' her friend wrote for a fundraiser. 'Esmé was kind, gentle, inclusive and compassionate – her innate ability to connect with and comfort others was astounding. 'A young woman who moved through life with both strength and softness; she was a force of nature.' The GoFundMe was launched to raise money for Ms Caverly's funeral and for her final resting place in Byron Bay, allowing her loved ones to 'continue to be close to her'. 'The cost of a burying a loved one is significant, especially for a pensioner,' the fundraiser read.

ABC News
44 minutes ago
- ABC News
Queensland Advocacy for Inclusion addresses United Nations, labels state youth crime laws 'disgraceful'
A Queensland disability advocate has used an address to the United Nations (UN) in New York to call out Premier David Crisafulli and his government's "disgraceful state of youth justice". Queensland Advocacy for Inclusion (QAI) sent a delegation to the UN over concerns about the state government's flagship "adult crime, adult time" policy. The laws mean juvenile offenders convicted of serious offences — including murder, manslaughter, and rape — are sentenced as adults and subject to harsher penalties. Mr Crisafulli has repeatedly dismissed criticism from the UN since passing those laws, with two human rights experts labelling them "incompatible with basic child rights". In an address to the UN Convention on the Rights of Persons with Disabilities on Wednesday, QAI human rights lawyer Tom Dixon said the laws would fail to improve community safety. "Instead of listening to these experts, our state premier, David Crisafulli, has declared that the UN doesn't control him," he said. "Human rights must be the minimum standard that control all governments here today. "Human rights are the key to peace and prosperity for our nation, and human rights are what we hope to show you all in Brisbane 2032 when we host the Olympic and Paralympic Games." Mr Dixon said Queensland's criminal justice system was ill-equipped to deal with children with a disability, referencing Youth Justice Department figures which showed more than 70 per cent of children in prison had a disability as of 2024. Queensland court data, obtained by QAI and seen by the ABC, shows the number of cases involving children whose disability meant they were found not to be criminally responsible increased by more than 2,000 per cent between 2020 and 2024 — from 10 to 211. "Upon arrest, children are not screened to identify disability. When incarcerated, they cannot access existing disability supports or find new ones," Mr Dixon said. "Locking up children with disability is incredibly harmful, inflexible and punitive. Watch houses and prisons are unsafe for children with disability. "Children with disability are punished by solitary confinement or increased sentences for their inability to comply with strict prison conditions, leading to an escalating trajectory of trauma, criminalisation and harm." Mr Dixon called on the state government and other Australian jurisdictions to invest in "individualised, disability informed solutions". A state government spokesperson said it had a mandate to implement tough on crime laws following its election last year. "The LNP government is about to embark on the biggest injection in early intervention and rehabilitation for young offenders in this state's history," the spokesperson said. "We were also elected to look after the human rights of the victims of the youth crime crisis that has been fuelled by weaker laws." Last month, Mr Crisafulli labelled UN representatives criticising the laws as "United Nations boffins". "We stand up for Queenslanders, not unelected officials who are a long way from this place," he said in parliament. On Monday, the UN Youth Australia's Queensland Division wrote an open letter to the premier, describing his comments as "nothing short of disappointing". "To say that they have no part in domestic policy-making is not only ignorant to the processes of international law, but demonstrates a level of blind self-righteousness that young Queenslanders will not stand for," president Steph Archer wrote. "Young people feel demonised in this state. They cannot go out at night, hang out with friends in public, or catch public transport without fearing they will be accused of criminal activities." Mr Crisafulli issued a rebuke of the commentary in parliament on Tuesday. "When I hear a representative from the UN, from the youth arm, saying that young Queenslanders are scared to go out because of the laws, I say ... young Queenslanders are only scared of people holding knives, young Queenslanders are only scared of people who deserve to face the consequences for those laws."