Land and Property Management Authority – alleged corrupt conduct concerning use of computer database (Operation Carina)

Year: 2011 Status: Completed

The ICAC investigated allegations that Kim Hildebrand, an employee of a company that was providing valuation services to the Valuer General of the Land and Property Management Authority (LPMA), engaged in corrupt conduct in relation to alleged misuse of the authority’s Spatial Information Exchange computer database.

In its report on the investigation, made public on 3 November 2011, the Commission made corrupt conduct findings against Ms Hildebrand, Greg Hildebrand, Angus Algie and James Smith. The Commission is not of the opinion that the advice of the Director of Public Prosecutions should be sought with respect to the prosecution of any individuals in relation to this matter. The ICAC has made 11 corruption prevention recommendations to Land and Property Information (formerly part of the LPMA) to help prevent such conduct from recurring in the future.


Findings of corrupt conduct

The Commission has found that Kim Hildebrand engaged in corrupt conduct by:

  • providing Angus Algie with her and another person's user names and passwords to gain access to the Land and Property Information (LPI) database knowing that she did not have the authority to do so and that the access details would be used to obtain information from the LPI database, free-of-charge, relevant to the valuation work conducted by Addisons Valuation Services
  • providing her access details to her father knowing she had no authority to do so and that he would use the access details to obtain information from the database free-of-charge
  • gaining access to the LPI database by using the access details of another individual to obtain copies of strata plans for her work at Addisons, knowing she had no authority to do so and avoiding the prescribed fee.

The ICAC has found that Mr Algie and James Smith engaged in corrupt conduct by causing members of Addisons' staff to use the access details provided by Ms Hildebrand to access the LPI database and obtain information for use in the Addisons valuation business to avoid paying for the information and knowing that they did not have the authority to use the access details to obtain information from the LPI database.

The Commission has found that Greg Hildebrand engaged in corrupt conduct by using Ms Hildebrand's username and password to access the LPI database to obtain information from the database, knowing that he did not have authority to do so and to avoid having to pay the prescribed fees to the LPI.

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 not of the opinion that the advice of the DPP should be sought with respect to the prosecution of any persons in relation to this matter.

Recommendations for disciplinary action

The Commission has not made any recommendations for disciplinary action in relation to this matter.

Recommendations for corruption prevention

The Commission has made 11 corruption prevention recommendations to Land and Property Information, which is now part of the Department of Finance and Services, as follows:

Recommendation 1

That the Land and Property Information (LPI) section implements an ongoing process that clarifies roles and responsibilities regarding the management of information security risks.

Recommendation 2

That the LPI includes its Integrating Titling System (ITS) and Document Integrated Imaging Management System (DIIMS) databases in the scope of its revised Information Security Management System.

Recommendation 3

That the LPI establishes a mechanism to ensure that Spatial Information Exchange (SIX) user accounts (the portal through which the LPI database was accessed) associated with valuation contractors are promptly reviewed if they exceed an agreed level of usage.

Recommendation 4

That the LPI routinely provides each valuation contractor with a report indicating the extent to which user accounts it has authorised have accessed the LPI database.

Recommendation 5

That the LPI limits the access that valuation contractors have to its databases to that needed to fulfil their public functions.

Recommendation 6

That the LPI limits the amount of free SIX usage that it provides to valuation contractors to an agreed amount.

Recommendation 7

That the LPI develops a process to ensure that when a user account associated with a valuation contractor is locked out, an email be generated and sent to one or more individuals who are in a position to identify whether that lock out is significant.

Recommendation 8

That the LPI develops a process to ensure that user accounts associated with a valuation contract are promptly deactivated upon contract completion.

Recommendation 9

That the LPI revises the confidentiality agreement, which employees and subcontractors of valuation contractors are required to acknowledge, to expressly prohibit password sharing, state that usage of the LPI database by employees and subcontractors of valuation contractors will be monitored, and outline the potential consequences if they are found to have engaged in misuse of an LPI database.

Recommendation 10

That prior to granting an employee or subcontractor of a valuation contractor access to SIX, the LPI obtains auditable records that the individual has acknowledged their confidentiality agreement with the LPI, received a briefing explaining their confidentiality obligations in relation to the LPI database, and received a document in plain English outlining their obligations when accessing the LPI database.

Recommendation 11

That the LPI develops a process to ensure that when a SIX user account associated with a valuation contractor has a concurrent access log out, an email providing details of the log outs is sent to the contractor, the LPI contract administrator and the LPI local administrator.


Implementation Plan

The implementation plan posted below has been provided by Land and Property Information in response to the ICAC's corruption prevention recommendations. Its appearance here is for information only and does not constitute the approval or endorsement of the plan by the Commission. 

Land and Property Management Authority - Implementation Plan

Progress report

The progress report posted below has been provided by Land and Property Information in response to the ICAC's corruption prevention recommendations. Its appearance here is for information only and does not constitute the approval or endorsement of the report by the Commission.

Land and Property Management Authority - Progress report

Final report

The progress report posted below has been provided by Land and Property Information in response to the ICAC's corruption prevention recommendations. Its appearance here is for information only and does not constitute the approval or endorsement of the report by the Commission.

 Land and Property Management Authority - Final 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.

 

Exhibits Public notices