Warringah Council - attempts to improperly influence building inspection approval (Operation Bauer)

Year: 2009 Status: Completed

The ICAC investigated allegations that business owners Jin Hua Chen and Yu Ling Sun had engaged in corrupt conduct by offering cash payments to two Warringah Council employees in order to facilitate council building inspection approval of their business premises.

The ICAC's report on this investigation, made public on 30 June 2009, made corrupt conduct findings against Jin Hua Chen and Yu Ling Sun.

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 Mr Chen and Ms Sun for offences of corruptly offering an inducement contrary to section 249B(2) of the Crimes Act 1900 (NSW).


Findings of corrupt conduct

The ICAC has made corrupt conduct findings against Jin Hua Chen and Yu Ling Sun. There are no findings of corrupt conduct against the officers, both of whom the report says acted with utmost propriety at all times.

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 Mr Chen and Ms Sun for offences of corruptly offering an inducement contrary to section 249B(2) of the Crimes Act 1900 (NSW).

Outcomes of prosecution

Jin Hua Chen: On 16 March 2010 convicted of three counts of offering a corrupt inducement under section 249B(2)(a)(ii) of the Crimes Act 1900 (NSW) and fined $1,000 for each offence being a total fine of $3,000.

Yu Ling Sun: On 16 March 2010 convicted of two counts of offering a corrupt inducement under section 249B(2)(a)(ii) of the Crimes Act 1900 (NSW) and fined $1,000 for each offence being a total fine of $2,000.

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

Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. 

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.

 

Exhibits Public notices

MEDIA ALERT: ICAC Operation Skyline public inquiry to reconvene 17 April

The NSW Independent Commission Against Corruption (ICAC) Operation Skyline public inquiry will reconvene at 1:45 pm tomorrow (Wednesday, 17 April 2019) for the Chief Commissioner the Hon Peter Hall QC to deliver his reasons in relation to two applications.

ICAC seeks comment on lobbying conduct and regulation in NSW

The NSW Independent Commission Against Corruption (ICAC) is seeking public input as part of a new investigation it is conducting into the regulation of lobbying, access and influence in NSW (Operation Eclipse).

MEDIA ALERT: ICAC public inquiry into allegations concerning the former Canterbury City Council resumes 1 April

The ICAC Operation Dasha public inquiry will resume on Monday 1 April 2019, at 10:00 am.

MEDIA ALERT: ICAC Operation Skyline public inquiry to resume from Monday 18 March 2019

The Operation Skyline public inquiry into allegations concerning the Awabakal Local Aboriginal Land Council will resume next week from Monday 18 March 2019 at 10:00 am.

MEDIA ALERT: ICAC public inquiry into allegations concerning University of Sydney and contract security services providers starts Monday

The NSW Independent Commission Against Corruption’s (ICAC) Operation Gerda public inquiry into allegations concerning the University of Sydney, its contracted security services provider Sydney Night Patrol & Inquiry Co Pty Ltd (SNP Security) and SNP Security’s subcontractor, S International Group Pty Ltd (SIG) (Operation Gerda), will start next Monday, 11 February 2019 at 10:00 am.

MEDIA ALERT: ICAC Operation Skyline public inquiry directions hearing

The ICAC will hold a short directions hearing in relation to the further progress of the Operation Skyline investigation on Friday 8 February 2019 at 10:00 am.

MEDIA ALERT: ICAC public inquiry into allegations concerning former Canterbury City Council resumes 29 January

The NSW Independent Commission Against Corruption’s (ICAC) Operation Dasha public inquiry will resume on Tuesday 29 January 2019, at 10:00 am.

ICAC to hold public inquiry into allegations concerning University of Sydney and contract security services providers

The NSW Independent Commission Against Corruption (ICAC) will hold a public inquiry starting on Monday 11 February as part of an investigation it is conducting into allegations concerning the University of Sydney, its contracted security services provider Sydney Night Patrol & Inquiry Co Pty Ltd (SNP Security) and SNP Security’s subcontractor, S International Group Pty Ltd (SIG) (Operation Gerda).

ICAC finds DFSI ICT project manager corrupt after “hijacking” business name to obtain half-million dollar benefit

The NSW Independent Commission Against Corruption (ICAC) has found that former Department of Finance, Services and Innovation (DFSI) project manager Steven Prestage engaged in serious corrupt conduct through an elaborate scheme he concocted involving “hijacking” the name of his friend’s company to help deceive the department into making over $500,000 in payments that were ultimately used to dishonestly benefit himself.

United against corruption - Leadership is the key to corruption prevention

Joint communique from Australia's anti-corruption Commissioners to mark International Anti-Corruption Day