Nick Efstathiadis

Michelle Grattan Political editor of The Age April 30, 2012

Julia Gillard: 'A line has been crossed about the respect for Parliament and that has given me sufficient concern.'

Julia Gillard at her news conference yesterday. Photo: Alex Ellinghausen

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Gillard leadership in crisis

A new poll, which puts the ALP's primary vote at just 30 per cent, prompts renewed leadership speculation.

JULIA Gillard should consider falling on her sword for the good of the Labor Party, because she can no longer present an even slightly credible face at the election. Her spectacular U-turn on everything she'd said before on Craig Thomson and Peter Slipper has left her looking nakedly expedient, and further exposed the state of crisis within the government.

At one point in her news conference Gillard wrung her hands. It was a metaphor for what the caucus is doing. Her claim that suddenly ''a line'' had been crossed, so she had to act to preserve Australians' respect for Parliament, came out as a workshopped confection she could not explain. After months of declaring Thomson had her support, after a week of backing Slipper returning to the Speakership if he was cleared on criminal allegations, she wants us to believe she arrived back from Gallipoli and suddenly realised that the public see a dark cloud over Parliament?

What actually happened is that she and whoever she is listening to observed a storm enveloping the government that could threaten her leadership.

Refusing to utter criticism of Thomson was always defending the indefensible. When Gillard then had Slipper added to her political burden, the weight simply became too heavy.

The Slipper affair tipped the balance, because she wasn't going to be able to sustain her stand. The opposition and crossbenchers had the parliamentary numbers to keep him out of the chair. In more normal circumstances, Gillard might deserve some credit for doing the right thing, albeit late. But when she said black was white so vehemently and, in the Thomson case, for so long, her cynicism overwhelms any other impression.

While on Slipper she acted because she was cornered, she could not deal with him without distancing herself from Thomson, because the parallels were too close. Bearing down on her also was next week's budget: hence the need for speed.

Gillard's belated change of position is made even less convincing because she has not been willing to acknowledge her own past lack of judgment and her trampling of propriety.

Defending Slipper last week, she pointed to what Labor had been able to do with the extra number gained by his defection. But the Slipper deal was always grubby politics.

And when Gillard talks about Australians expecting ''the highest standards'', what are they to make of Anthony Albanese last week pre-empting the police investigation by declaring Slipper cleared of the criminal allegations?

If Labor had any functioning party elders, they would be advising Gillard to consider the good of the party and relinquish the leadership gracefully. That would lead Labor down another fraught path, but it could hardly be worse off than now.

Credibility gone, PM should fall on her sword

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Nick Efstathiadis

Kate McClymont Senior Reporter April 29, 2012 - 4:38PM

Opinion

"I will make a comprehensive statement in the near future," promised Craig Thomson in September last year.

Ever since the allegations that he misused union funds were first raised almost four years ago, the embattled federal MP has been promising an explanation, and offering to aid authorities at every opportunity in order to clear his name.

But to date he has declined to be interviewed by NSW police, who are investigating claims that he and the head of the HSU, Michael Williamson, received secret commissions in the form of credit cards.

Nor has he availed himself of the opportunity to assist Victorian police in their investigations into allegations that he spent $100,000 of Health Services Member's money on himself, plus $5223 on the services of prosititutes.

A similar thing happened with the tabling of the Fair Work Australia investigation into allegations of financial mismanagement within the HSU.

Initially Thomson could not wait for the report to be made public, then he engaged lawyers to have its public release blocked.

It is worthwhile to go back to where it all began to unravel: when Thomson left the HSU to become a member of parliament.

Thomson spent most of his working life with the HSU, becoming national secretary in 2002, a position he held until he was elected the federal member of Dobell in 2007.

It was only after he left that the union's auditors, BDO, were asked to conduct an investigation into allegations of mis-spending by the departing national secretary.

The following is a summary of prostitute services that were allegedly put on Mr Thomson's Diners Club card and MasterCard, which were paid for by the union:

  • Aboutoun Catering (Milson's Point escort service) February 26, 2003 - $330.
  • A Touch Of Class (brothel in Surry Hills), August 26, 2006 - $660.
  • Sydney Outcalls Network (high class escort agency), March 11, 2003 - $570; April 9, 2006 - $2475; August 16, 2007 - $770.
  • Tiffanys (brothel in Surry Hills), June 11 2005 - $418.

According to the findings of BDO's audit, Thomson said he was interstate on most of those occasions and he had not incurred these expenses.

The audit report raised the question of why he had submitted such expenditure to be paid by the union if it was not incurred by him.

"Thomson has categorically denied ever attending these places. He has stated that he was not in the state of NSW on each and every date of the relevant transactions," said the report.

Then came the matter of the $100,000 he had made in cash withdrawals, which he had explained to the union's financial controller were "meeting expenses" and that he had supplied invoices.

One example Thomson gave was an Aboriginal elder who had participated in a "Welcome to Country" ceremony at a national conference and had demanded payment in cash.

However, investigators found none of the cash withdrawals from July 2002 to November 2007 were supported by invoices.

He told the BDO auditor that the practice of cash withdrawals was commonplace in most trade unions. BDO notes that this was not the case.

The auditor was unable to conclude whether the cash withdrawals were appropriate but recommended "the practice of withdrawing cash should never occur again and that it is the antithesis of of transparency and accountability."

Interestingly, Mr Thomson agreed that he had made the cash withdrawals on his CBA MasterCard and that he did not give the card to anyone. However, with regard to the prostitutes, he denied incurring such expenses on his card.

The BDO report, which was conducted in 2008, was passed on to Fair Work Australia, which commenced an investigation in 2009.

That same year Fairfax Media reported the allegations raised in the BDO report. Mr Thomson sued for defamation over the reports.

Among the explanations offered by Mr Thomson, apart from being interstate on most occasions the prostitutes were used, were that someone had forged his signature and another union member had incurred the expenses and had paid the union back $15,000, including for the prosititutes on Thomson's card.

However, Jeff Jackson, the former husband of the current national secretary, Kathy Jackson, claimed he had paid back the $15,000 and further denied that any monies were spent on prostitutes.

A subsequent audit confirmed that Mr Jackson, a former state secretary, had to pay back $15,000 for unauthorised salary increases.

"Mr Thomson again today has loudly proclaimed his innocence but has done everything possible to make sure that HSU members are kept in the dark about what he was up to during his time as an HSU official," Ms Jackson said in a statement today.

"To my knowledge, Mr Thomson has refused to be interviewed by both the Victoria Police and Strike Force Carnarvon, while falsely stating publicly that he was assisting police. If Mr Thomson has any respect for HSU members then next week he will do what he earlier promised and give a full account of his conduct to the parliament and to the members of the HSU.

"But I'm not holding my breath."

Thomson later dropped the defamation action against Fairfax when further records were produced showing his mobile phone had been used to make the bookings and that his signature and driver's licence details were on the brothel receipts.

In September, 2011, a few months after dropping the defamation action, a senior NSW police officer was quoted saying:"We are satisfied that the person who used the card was the person whose name was on the card," a senior police officer said. "It would have been deception if someone else used it; that would have been a crime."

Now that Thomson has agreed to cooling his heels on the cross-benches, perhaps he has time to work on that "comprehensive statement" that would no doubt clarify everything.

But sometime in the "near future" never gets any closer.

Why is Thomson stalling in rush to clear his name?

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Nick Efstathiadis

by: Milanda Rout and Amos Aikman From: The Australian

April 28, 2012 12:00AM

Bill Leak

Bill Leak's view. Source: The Australian

AUSTRALIAN Federal Police have stepped up their probe into Peter Slipper's alleged misuse of travel entitlements and will interview potential witnesses, as the MP's decision to release 13 Cabcharge dockets to prove his innocence backfired.

Mr Slipper, who stepped aside as Speaker last weekend, has been accused by former staffer James Ashby of alleged misuse of parliamentary travel entitlements in relation to Cabcharge dockets, as well as alleged workplace sexual harassment.

In a bid to clear his name on the travel claims, Mr Slipper released copies this week of 13 Cabcharge vouchers released to him by the Finance Department - but his move has raised more questions than it answers.

Nine of the 13 manually processed Cabcharge vouchers that Mr Slipper released are in numerical order, with one omission, despite being filled out on three separate days in late January and February.

On one of the days, February 11, Mr Slipper travelled from Sydney airport to the city's suburbs for $85, then the suburbs to the airport for $90, and the suburbs to the suburbs for $95.

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On the same day, he was on a Sydney Harbour cruise with a parliamentary delegation from Cyprus.

In his Federal Court claim, Mr Ashby alleged that on three occasions in late January and early February, Mr Slipper had handed over three signed but otherwise blank Cabcharge dockets to a driver of a hire car.

When he released the Cabcharge documents, which largely corresponded with the dates named by Mr Ashby, Mr Slipper said: "These documents have all been completed by me and are clearly in my handwriting, as I said they were. The so-called criminal allegation is a complete fabrication, just as the other claims are not accurate."

Claims emerged yesterday that the Cabcharge dockets Mr Slipper said he filled out were completed by his driver, Antwan Kaikaty.

An AFP spokeswoman confirmed yesterday that police had received a referral to investigate allegations of fraud against Mr Slipper. "The AFP is currently evaluating information associated with this referral prior to the consideration of an investigation," the spokeswoman said. "As part of this evaluation process, AFP investigators are speaking to potential witnesses and gathering further information."

Elicia Till, administrator with GM Cabs in Sydney's west, where drivers can exchange Cabcharge dockets for cash, yesterday identified Mr Kaikaty's writing on nine dockets she had processed.

Reports last night said Mr Kaikaty had been convicted of forging Cabcharge dockets, theft and indecently assaulting a female passenger. News Limited papers said Mr Kaikaty received a suspended sentence and was placed on a good behaviour bond for the 2002 offences, which reportedly involved the unlawful swiping of the woman's credit card and the theft of a mobile phone and money.

Mr Kaikaty said this week that he had been driving Mr Slipper in Sydney for many years.

"I'm 99 per cent confident that this is Antwan's handwriting," Ms Till told The Weekend Australian, looking at the scanned copies of dockets that Mr Slipper released.

Mr Slipper last night rejected the concerns over the dockets, saying the hire cars he used did not have electronic machines and the sequential numbers were irrelevant. He rejected the claims it was not his handwriting.

"All the Cabcharge vouchers released by me yesterday were completed and signed by me personally as I have previously said," Mr Slipper said.

"My statement yesterday is correct. It is a nonsense to suggest otherwise. I know my own handwriting and signature."

The Weekend Australian visited Mr Kaikaty's home last night but he was unavailable. His son, David, did not dispute suggestions his father had at times completed Cabcharge dockets for his customers.

Mr Kaikaty's lawyer, Michael Bowe, said his client, who has been a driver for the Queensland MP on numerous occasions over the past 12 years, maintained he had done nothing wrong.

"My instructions from my client are that Mr Slipper filled in everything and it is his handwriting on the forms," he said.

"My client is a reasonably simple man who can't believe that he has been embroiled in all this."

In her role with GM Cabs, Ms Till gives taxi and hire-car drivers cash for Cabcharge dockets, less a small processing fee, and then redeems those dockets with their issuer. The process allows drivers to get paid quicker. Part of Ms Till's responsibility is to check the dockets for fraud, and to ensure all fields are filled out correctly.

Ms Till said nine of the 13 dockets Mr Slipper released had been exchanged by her company. On each, she identified her company's stamp, GM02 69, which she had placed there and which she said was Mr Kaikaty's account number. Several of the nine dockets were also stamped with an ABN registered to GM Cabs owner Nicholas Mikhael. Ms Till said that was because on occasions where the driver's own ABN was missing, a company ABN was sometimes used to allow the docket to be processed.

Ms Till also identified instances on five of the nine dockets processed by GM Cabs in which she had completed minor, missing details in her own handwriting. She said the signatures on several dockets "looked different", but could not tell who had written them.

The four other dockets were processed by other companies.

Ms Till said the nine dockets processed by her company were all for a hire car rather than a taxi. She said hire cars were not required to have electronic swipe machines fitted.

Asked about the similar amounts and non-specific destinations, such as "suburbs to suburbs", on several of Mr Slipper's dockets, Ms Till said hire cars were more often charged by the hour rather than by the trip, at a rate agreed between the passenger and the driver. Where a relationship existed, the driver would often record a series of trips in a diary, complete the dockets as a courtesy and ask the customer to sign several all at once.

She said the going hourly rate was typically about $90 - similar to the amounts Mr Slipper paid on nine of the 13 documented occasions.

Mr Mikhael, who gave permission for The Weekend Australian to access his records and interview Ms Till, said he had met Mr Kaikaty on a number of occasions. "Antwan comes in, we take his dockets and we give him money back," Mr Mikhael said.

"What's between Antwan and his customer isn't our business."

He denied his company had done anything wrong.

Ms Till said in six years working for GM Cabs, Mr Kaikaty had never had a docket returned for fraud or discrepancies, a sign he was acting honestly.

Mr Slipper last night denied any wrongdoing over the dockets.

He said he had used a limousine service on all occasions and the driver did not have the machine required to processes fares electronically.

"While it is true taxis use dockets when the electronic system fails, many hire car drivers, particularly small operators only use Cabcharge vouchers and do not have electronic facilities," he said.

The stood-aside Speaker dismissed questions over the sequential serial numbers, saying it was not relevant.

"With a Cabcharge voucher book, the vouchers must be taken out of the book at some time, run through the manual machine using the passenger's card, and then completed by the passenger then signed and handed over," he said. "What is relevant is the journey and when it took place, not the sequence of the serial numbers of the dockets."

He denied the fares were excessive as a hire car with a driver is "usually cheaper than Comcar (which) is often more expensive than by standard taxis".

Devil in docket detail for Peter Slipper | The Australian

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Nick Efstathiadis

 

Julia Gillard has asked MP Craig Thomson to quit the Labor Party and told Speaker Peter Slipper to accept a longer suspension as she moves to dispel what she says is a "dark cloud" hanging over the Federal Parliament.

Mr Thomson, who is facing allegations about the misuse of a union credit card, has been suspended from the ALP but says he remains a "Labor person" and will continue to vote with the Government as an independent MP.

Meanwhile Mr Slipper has moved to head off a possible no-confidence motion by confirming he will not be in the chair when Parliament resumes on budget night, May 8.

Gillard moves against Thomson, Slipper

  • Craig Thomson suspended from the ALP
  • Peter Slipper agrees not to return as Speaker on May 8
  • Labor and Coalition now formally tied for numbers in the House of Reps
  • But Thomson says he will vote with the Government as an independent MP
  • Gillard said she had to act because "a line had been crossed"
  • Tony Abbott: "If you want to disown Craig Thomson, you've got to disown his vote too."
  • Key independent MPs downplaying talk of an early election

Mr Thomson, the embattled member for Dobell, on the New South Wales central coast, has been under investigation by Fair Work Australia for nearly four years over allegations he used his Health Services Union (HSU) credit card to pay for prostitutes.

Speaking to reporters on Sunday afternoon, he confirmed that he had asked to be suspended from the Labor Party after a discussion with Ms Gillard late yesterday.

"I am still a Labor person ... I will be supporting Labor's agenda ... clearly I am not going to be part of the Caucus process... but broadly I will be supporting the Prime Minister's position in terms of the reform agenda... certainly in terms of no confidence motions, supply motions," he said.

Mr Thomson said he and Ms Gillard "both had the same view as to where we should go on this, for different reasons."

And he savaged Fair Work Australia over its handling of the drawn-out investigation into allegations against him.

"It's been my position right from the start was that this should have been dealt with within six months," he said.

"Quite frankly I've had two baby daughters in the time that this has been going on.

"This is a matter that's gone on for too long ... it's almost inconceivable that we are almost four years down the track.

"There are no charges against me, there are some unsubstantiated allegations that are there... I completely maintain my innocence."

Mr Thomson's dramatic statement came after Ms Gillard addressed reporters to say she had asked Mr Thomson to stand aside for the good of the Parliament.

She also confirmed that Mr Slipper had agreed to extend his exile from the Speaker's chair.

"I have made a judgement call which I believe is right, because I want Australians to be able to look at the Parliament and respect the Parliament, and I believe a line had been crossed about the ability of Australians to confidently say that they had respect in our Parliament," she said.

Craig Thomson's career

  • Craig Thomson was elected national secretary of the Health Services Union in 2002.
  • He was elected as the Member for Dobell in the 2007 federal election.
  • In 2008 the HSU began investigating allegations Mr Thomson used his union-issued credit card to pay for prostitution and escort services.
  • The investigation also looked at claims he used the credit card to withdraw cash to bankroll his election campaign.
  • Early this year Fair Work Australia completed a three-year report into Mr Thomson's conduct at the HSU.
  • The findings of the report are yet to be released.
  • Mr Thomson has denied the allegations.

Mr Thomson said he had called Labor's New South Wales secretary Sam Dastyari after speaking to Ms Gillard last night, and had asked him to suspend his membership.

His move is not expected to affect the fragile balance of power in the House of Representatives, because he says he will still vote with Labor.

Mr Slipper has released a statement to say he will ask Labor's Deputy Speaker Anna Burke to sit in the Speaker's chair when Parliament resumes on budget night, May 8.

Mr Slipper is under investigation over alleged use of Cabcharge vouchers and is also facing claims that he sexually harassed a male staffer.

He has denied the allegations against him.

'Tainted votes'

Opposition Leader Tony Abbott has repeated his calls for an early election, saying Mr Thomson should not be allowed to vote until the allegations against him had been resolved.

And he demanded to know why Ms Gillard had "suddenly" withdrawn her support for Mr Thomson.

"If you want to disown Craig Thomson, you've got to disown his vote too," he said.

"What does the PM know now that has suddenly forced her to disown Mr Thomson?

"This Government only survives because of tainted votes. If the Prime Minster wants to claim the high moral ground she's got to disown the vote which is now being exercised by someone facing such serious allegations.

Statement from Peter Slipper

"Mr Thomson shouldn't vote until the allegations against him are fully and completely resolved.

"In the end, this is not, as the Prime Minister claims, about the integrity of the Parliament... this is basically to shore up her numbers."

Last week the Government took the extreme step of seeking a Federal Court intervention to appoint an administrator to the Health Services Union (HSU)'s east branch.

Fair Work Australia has just completed an investigation into the HSU and Mr Thomson and is due to make its report public soon.

Mr Thomson's move to the crossbenches indicates he may be fearing the fallout from that report.

Independent Senator Nick Xenophon has told ABC Local Radio he does not expect the resignation to have any major impact on the Gillard government.

"Craig Thomson to his core is a Labor man, an ALP man," he said.

"I would be very surprised if he voted against the Government on any key votes, so I think it's business as usual.

"But it's good for the Government because he'll be seen as distancing himself from the Government, which I think the Government will welcome."

Independent MP Tony Windsor says he is not surprised by the developments, given the circumstances within Labor's ranks.

And he says there is no new ground for action against the Government in the Parliament.

"I'm not going to initiate some motion of no confidence against the Government in a duly-elected Parliament just because the numbers are tight and someone suddenly becomes an independent or there's an inquiry into someone's Cabcharge arrangements," he said.

But he says because the numbers are "precarious", there is always the chance of an early election.

"There's a lot of focus on these Craig Thomson, Peter Slipper things... there may be an early election," he said.

"I've been prepared for an early election since day one."

Embattled Thomson suspended from Labor Party - ABC News (Australian Broadcasting Corporation)

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Nick Efstathiadis

By Samantha Maiden From: The Sunday Telegraph

April 07, 2012 11:49PM

  • Bonuses to be in bank accounts within weeks
  • Families set to get up to $100 per child
  • Taxpayers will have to foot advertising bill

Julia Gillard

Prime Minister Julia Gillard touting her carbon emissions fact sheet last year. Picture: AFP Source: AFP

CASH bonuses for families of up to $100 per child and $250 for pensioners will be deposited into bank accounts within weeks as the Gillard Government fights a public backlash over its carbon tax.

But taxpayers will be forced to pick up the tab for a public education campaign, with a multi-million dollar advertising blitz planned.

The lump sum bonus payments will be rolled out from May ahead of the introduction of the carbon tax and on top of a $300-a-year tax cut for six million Australians earning $80,000 a year or less.

One million workers will no longer have to pay tax or lodge a tax return under a tripling of the tax-free threshold to apply from July 1.

A new analysis prepared by Treasury reveals that the decision to triple the tax-free threshold will ensure 121,000 Queenslanders no longer have to pay any tax.

Part-time workers, students, mums in casual work as well as retirees will benefit from the Government's decision to lift the tax-free threshold from $6000 to $18,000.

From the new financial year, workers will be able to earn $336 a week without paying tax under the tripling of the tax-free threshold to compensate for the carbon tax.

Acting Prime Minister Wayne Swan said that the Government understood families' concerns about the potential cost-of-living impact of the carbon tax.

"From 1 July, more than six million Australians will get a tax cut, of up to $300,'' Mr Swan said.

"That's good news for families, because we know that, when household budgets are tight, every bit of extra tax relief helps.''

The carbon tax is tipped to increase household bills by $10 a week when it is introduced on the nation's top 500 polluters from July 1.

The carbon tax compensation package offers:

- Families already receiving payments under Family Tax Benefit A will be paid cash bonuses to compensate for the impact of the carbon tax from May 16 to May 29, with a small increase in fortnightly payments to follow.

- Single-income families receiving payments under Family Tax Benefit B will get up to $69 extra, plus up to $300 in additional supplement.

- Pensioners can expect to see their $250 bonuses, known as the Clean Energy Advance, to arrive from May 28 to June 8.

Self-funded retirees who have a Commonwealth Seniors Health Card will get a $250 cash bonus from next month - or $190 for each member of a couple.

- Students receiving Austudy payments will receive payments over the period June 11 to June 22.

Lump sum for families to ease carbon tax pain | News.com.au

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Nick Efstathiadis

 

  • Google misleading users with search and ads
  • Federal Court overturns previous ruling
  • Court orders Google pay ACCC's costs
Google

Google was accused of false and misleading advertising by the ACCC / AAP Source: AAP

Related Coverage

GOOGLE is misleading users with false advertising in its search results, the Federal Court has ruled.

The Sydney court today ruled on appeal the search giant had failed to adequately distinguish advertisements from search results and had engaged in misleading or deceptive conduct.

The Australian Competition and Consumer Commission (ACCC) had first presented examples of search results being redirected to websites which had no affiliation with the initial search in September 2011 with the court dismissing the claim.

However, today the court overturned the earlier decision and said Google had “engaged in conduct that was misleading or deceptive or likely to mislead”.

The court found advertisements with the headline of "Harvey World Travel" or "Harvey World" that redirected to STA Travel website were in breach of section 52 of the Trade Practices Act.

An ad headlined with "Honda.com.au" that redirected to car trading website CarSales, ads headlined "Alpha Dog Training" that linked to The Dog Trainer, and ads headlined "Just 4x4s Magazine" that redirected to the Trading Post website were also in breach of the Trade Practices Act.

The justices said Google should "implement a compliance program" to stop this from happening again.

They also ordered Google to pay the ACCC's court costs.

Google said it was disappointed by the decision.

"We are disappointed by the Federal Court's decision that Google should be responsible for the content of four particular ads on its platform," a Google spokesman said.

"Google AdWords is an ads hosting platform and we believe that advertisers should be responsible for the ads they create on the AdWords platform.

"We are currently reviewing our options in light of the court's decision."

It is estimated that online search advertising in Australia through search engines such as Google is worth around $830 million per year.

ACCC wins appeal against Google over false and misleading advertising | Information, Gadgets, Mobile Phones News & Reviews | News.com.au

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Nick Efstathiadis

Malcolm Farr

by Malcolm Farr

It’s been so long coming that release of the report into credit card use within the Health Services Union is being hailed as a huge stride in resolving this lingering, messy controversy.

Now he can wait outside the DPP… Cartoon: Mark Knight

Now he can wait outside the DPP… Cartoon: Mark Knight

But all we’ve done is slip from one inquiry into another, after which there might be yet another examination of the facts, this time in a court. And we don’t yet know what those facts are.

The Fair Work Australia report filled 1100 pages. It is possible that not one of those pages contains evidence of criminal activity by Labor MP Craig Thomson - the former HSU national secretary - despite the fears of the Government and the hopes of the Opposition.

The frustrated Thomson lynch mobs, panting for the chance to string him up, might be denied the opportunity by the Commonwealth Director of Public Prosecutions who now is looking at the details of the FWA report.

But even should Mr Thomson face charges recommended by the DPP, it could take years before his conviction, or before he is cleared. It is a fair bet that any conviction/clearance would not happen before the election scheduled for late next year.

And it also would be a handy wager to back the Liberals to take his central NSW coast seat of Dobell at that scheduled general election.

So it is likely Mr Thomson will not be leaving Parliament except at the request of the voters of Dobell, and the stability of the minority Labor government will be maintained.

However, Opposition Leader Tony Abbott will make full and effective use of the delivery of the report, and of any charges against Mr Thomson should they be laid.

He will use Parliament to link Prime Minister Julia Gillard to the man who she at least twice said she had full confidence in.

And any charges will be used by Mr Abbott to taint the ALP generally, as well as the trade union movement. All will be painted with guilt by association, even if Mr Thomson himself is not found guilty by law.

The harder and nastier the Opposition pushes the Thomson affair, the more the ALP will want to be hard and nasty in response.

We still, even with the delivery of the FWA report, do not know how this controversy will end. But we won’t have a pleasant time as we wait to reach the final destination.

Thomson’s lynch mob left frustrated for another day | Article | The Punch

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Nick Efstathiadis

By Malcolm Farr, National Political Editor

From: news.com.au

April 03, 2012 5:00PM

  • Fair Work Australia forwards HSU report to prosecutors
  • Thomson credit card transactions covered in investigation
  • "I maintain my innocence and will continue to do so"

Craig Thomson

The FWA investigation looked at the union's financial management under Craig Thomson. Picture: File Source: The Daily Telegraph

Related Coverage

COMMONWEALTH law officials will decide if criminal charges can be laid against Labor MP Craig Thomson and other former and current officials of the controversial Health Services Union.

The confidential 1100-page report names three former or current officials of the union and an individual who was not an official.
Credit card transactions by Mr Thomson, a former national secretary of the HSU, were covered by the three-year investigation.
“I maintain my innocence and will continue to do so,'' Mr Thomson said in a statement.
“I will also continue to fully cooperate with any further investigations relating to this matter.”
FWA general manager Bernadette O'Neill confirmed in a statement she had “referred the entire investigation report” to the Commonwealth DPP.
“I am satisfied that the report raises many significant matters which may be appropriate for the DPP's consideration,'' Ms O'Neill said.

She made no judgement on “any particular likelihood of criminal conduct, as that is a matter for the DPP”.
If the DPP decides criminal laws have been broken it could cause charges to be brought against Mr Thomson and others.
And if the MP was convicted on a charge which potentially carried a jail term of one year or more, he could be forced to leave Parliament.
However, it also is possible that breaches by Mr Thomson were in civil law and his place as an MP would not be affected.
Even if criminal charges were involved, the court process probably would not be over before the election scheduled for late next year.
In 2008 the HSU commissioned legal advice on Mr Thomson's use of a credit card amid allegations he had used them to pay for escort services and to make cash withdrawals.
The fate of the allegations was highlighted after the 2010 election and the creation of a Labor minority government, which would have been vulnerable to collapse if it had lost Craig Thomson and its numbers in the House of Representatives.
Fair Work Australia, the national guardian of workplace laws, launched an investigation more than three years ago into the national and Victorian branches of the union.
The FWA report, delivered on March 28, did not identify any alleged breaches of criminal law, but detailed what it called 181 contraventions of Schedule 1 to the Workplace Relations Act 1996 (the RAO Schedule).
It said that of the 181 alleged breaches, 105 related to civil penalty provisions of the RAO Schedule.
This meant that FWA stuck to issues of compliance with workplace laws and its own rules governing registered union and employer groups, and did not attempt to point directly to claims of criminal breaches.
Ms O'Neill said she would determine what other action should be taken, including whether proceedings should be commenced in the Federal Court of Australia.
This would be done “as soon as practicable”.
She defended Fair Work Australia's decision not to reveal details of the investigation to NSW and Victorian police, saying the decision, which was attacked by the Federal Opposition, was made on legal advice.
“I have always sought to cooperate with police to the extent that would be consistent with my powers and functions as General Manager,'' Ms O'Neill said.
She said that on March 9 she sought updated legal advice as to whether it would be open to her to disclose information obtained in the investigations to police once the investigation was concluded.
“The comprehensive opinion I have received from the Australian Government Solicitor advises against disclosure of information to state police,'' she said.
“Rather, it advises that the appropriate course is to refer matters to the Commonwealth Director of Public Prosecutions for action in relation to criminal offences (including under state laws), which I have done.''
The advice provided was prepared by Robert Orr SC, Chief General Counsel of AGS, and Charles Beltz, Counsel, of AGS.

Opposition Leader Tony Abbott demanded Fair Work Australia make the full report public or face claims it is protecting the Gillard Government.
“The Australian public have a right to know if a member of the House of Representatives has been referred to the Director of Public Prosecutions,” Mr Abbott said.
“If the full report is not released immediately, it will further increase community suspicion that Fair Work Australia is working to protect the Gillard Government.
“The Prime Minister must state if she continues to have full confidence in Mr Thomson and must answer whether Mr Thomson is now the subject of a reference to the Director of Public Prosecutions.”

CASE TO ANSWER: Prosecutors called in to investigate Thomson report | News.com.au

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