Inner West Council and Transport for NSW – allegations concerning conduct of employees and others (Operation Hector)

The ICAC investigated the following allegations, concerning the conduct of employees of Inner West Council (IWC), Transport for NSW (TfNSW) and others:

• 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.

In its report on the investigation, made public on 30 April 2024, the Commission makes findings of corrupt conduct against Tony Nguyen, Nima Abdi, Raja Sanber, Sairam Pilli, Monty Nguy, Seng Du Laphai, Aidan Cox, Benjamin Vardanega, Abdal Aziz and George Panagakis.

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 Tony Nguyen, Seng Du Laphai, Monty Nguy, Raja Sanber, Sairam Pilli, Abdal Aziz, Nima Abdi, George Panagakis and Andrew Gayad for various offences.

The Commission has made seven recommendations to Inner West Council, nine to Transport for NSW and one to the NSW Government to help improve systems and prevent the conduct identified in the investigation from recurring.

View the Operation Hector submissions timetable 

Download the public inquiry Covid-19 protocol - March 2023 (pdf)

Download the Operation Hector public inquiry media guidelines (pdf)