Strathfield Council - allegation of corrupt conduct involving Community Services Manager (Operation Danby)

Year: 2011 Status: Completed

The ICAC investigated an allegation that Strathfield Council’s Community Services Manager, Michael Chau, solicited a payment of $10,000 from Phillip Armstrong of Tenix Solutions for his own benefit. In its report on this investigation, which was made public on 12 May 2011, the ICAC made a finding of corrupt conduct against Mr Chau.

The ICAC has 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 Chau for an offence of soliciting a corrupt payment under section 249B(1) of the Crimes Act 1900.

The Commission has also stated opinion that consideration should be given to the taking of action against Mr Chau with a view to dismissing, dispensing with the services of or otherwise terminating his services on the grounds that he engaged in described misconduct.


Findings of corrupt conduct

The ICAC has made a finding of corrupt conduct against Mr Chau for soliciting a $10,000 payment for his own benefit.

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 Chau an offence of soliciting a corrupt payment under section 249B(1) of the Crimes Act 1900.

The DPP has advised the Commission that there is insufficient evidence to support a criminal prosecution against Mr Chau. The DPP's advice not to proceed is accepted by the ICAC.

Recommendations for disciplinary action

The Commission is of the opinion that consideration should be given to the taking of action against Mr Chau with a view to dismissing, dispensing with the services of or otherwise terminating his services on the grounds that he engaged in described misconduct.

Mr Chau was dismissed from his position at Strathfield Council in January 2013.

Recommendations for corruption prevention

There are no corruption prevention recommendations made in relation to this investigation.


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