The NSW Independent Commission Against Corruption (ICAC) will hold a public inquiry starting Monday 20 March 2023 as part of an investigation it is conducting concerning the conduct of employees of Inner West Council (IWC), Transport for NSW (TfNSW) and others (Operation Hector).
The Commission is investigating allegations that:
- between 21 July 2015 and 3 October 2020, former Leichhardt Council and IWC employee Tony Nguyen partially and/or dishonestly exercised his official functions by awarding and/or recommending IWC contracts and tenders to companies with which he was associated
- since 1 January 2017, TfNSW officer Benjamin Vardanega has dishonestly and partially exercised his public official functions by using information gained in the course of his official functions to assist certain contractors to tender for TfNSW work, or to tender for subcontracts from entities that have been awarded TfNSW work, to benefit himself and others
- since 1 January 2014, TfNSW officer Nima Abdi has dishonestly and partially exercised his public official functions by using information gained in the course of his official functions to assist contractors, with which he had an undeclared association, to tender for TfNSW work, or to tender for subcontracts from entities that had been awarded TfNSW work, to benefit himself and others
- since 1 January 2017, certain employees of Downer EDI Works Pty Ltd (“Downer”) have dishonestly obtained a benefit for themselves by favouring certain subcontractors when awarding work arising from contracts that TfNSW has awarded to Downer
- since 1 January 2014, TfNSW employee Raja Sanber has obtained a financial benefit for himself, and others, by undertaking contractor or subcontractor work for various entities on TfNSW projects, in circumstances where he failed to disclose his role in those entities to TfNSW
- between 1 July 2019 and 31 March 2020, TfNSW employees, and a Downer employee, dishonestly benefited from the payment or application of public funds for their own private advantage by submitting and approving timesheets and invoices for payment in circumstances where no work was carried out
- between 1 January 2017 and 31 March 2021, a TfNSW employee misused material or information acquired in the course of his public official functions for his own benefit, or for the benefit of Mr Abdi or persons associated with him.
The general scope and purpose of the public inquiry is to gather evidence relevant to the matters being investigated for the purpose of determining the matters referred to in section 13(2) of the Independent Commission Against Corruption Act 1988.
The Commission has decided that, until there is a substantial improvement in the COVID-19 situation in NSW, only those whose presence on Commission premises is deemed essential for the effective conduct of the public inquiry will be permitted on-site. Members of the public and the media will therefore not be permitted to attend the premises for the course of the Operation Hector public inquiry. The Commission will live stream the proceedings via its website, www.icac.nsw.gov.au, and will post exhibits (provided they are not subject to non-publication orders), transcripts and witness lists. Updates will also be provided via the ICAC Twitter account (@nswicac).
Chief Commissioner the Hon John Hatzistergos AM will preside at the public inquiry. Counsel Assisting the Commission will be Phillip English and Joanna Davidson of Counsel. It is expected that the public inquiry will continue for approximately six weeks. A witness list for the first week of the inquiry will be published closer to the commencement date of the proceedings, along with further information about how to access the live stream.
