Department of Education and Training - attempt to obtain entry to a selective public high school through payment of money (Operation Bellin)

Year: 2009 Status: Completed

The ICAC investigated allegations that Xiaodong Lu and Qinghua Pei paid money to a Westmead Public School teacher to help ensure entry into a selective public high school for their son.

The ICAC's report on this investigation, made public on 12 February 2009, made corrupt conduct findings against Ms Lu and Mr Pei. The ICAC found that in making the payments, they were improperly seeking to directly influence the school’s internal assessment marks to be awarded to their son to improve his prospects of admission to a selective high school.

The ICAC stated its opinion that consideration should be given to obtaining the advice of the Director of Public Prosecutions with respect to the prosecution of Ms Lu and Mr Pei for offences of offering a corrupt benefit contrary to section 249B(2) of the Crimes Act 1900 (NSW).

Transcripts for this investigation are currently unavailable.


Findings of corrupt conduct

The report makes findings of corrupt conduct against Ms Lu and Mr Pei. It finds that in making the payments, they were improperly seeking to directly influence the school’s internal assessment marks to be awarded to their son to improve his prospects of admission to a selective high school.

Recommendations for prosecutions

The Commission must seek the advice of the Director of Public Prosecutions (DPP) on whether any prosecution should be commenced. The DPP determines whether any criminal charges can be laid, and conducts all prosecutions. The Commission provides information on this website in relation to the status of prosecution recommendations and outcomes as advised by the DPP. The progress of matters is generally within the hands of the DPP. Accordingly, the Commission does not directly notify persons affected of advice received from the DPP or the progress of their matters generally.

The Commission is of the opinion that consideration should be given to obtaining the advice of the DPP with respect to the prosecution of Xiaodong Lu and Qinghua Pei for an offence of offering a corrupt benefit contrary to section 249B(2) of the Crimes Act 1900).

Qinghua Pei was discharged conditionally from proceedings at the Downing Centre Local Court on 23 October 2010 relating to an alleged offence in contravention of section 249B of the Crimes Act 1900 pursuant to section 32 of the Mental Health Act 2007.

Xiaodong Lu was convicted on 17 August 2010 of an offence under section 249B of the Crimes Act. A 150-hour community service order imposed. An appeal on all grounds was heard in the District Court on 23 March 2011.  The appeal was dismissed and the conviction and sentence were confirmed.

Recommendations for disciplinary action

There are no recommendations for disciplinary action.

Recommendations for corruption prevention

There are no corruption prevention recommendations in this report.


Media Releases Witness

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Download the Witness List (PDF)

Transcripts

View all transcripts associated with this investigation. The Commission makes every effort to post the daily transcripts of its public inquiries on its website by 8:00 pm each day when possible. If the Commission sits later than 4:00 pm, the daily transcripts, particularly the afternoon session, may not be available until the next working day.

 

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