Operation Spicer amended public notice

Monday 28 July 2014

The NSW Independent Commission Against Corruption (ICAC) is investigating allegations of corrupt conduct involving:

1. whether, between April 2009 and April 2012, certain members of Parliament, including Christopher Hartcher, Darren Webber, and Christopher Spence, and others, including Timothy Koelma and Raymond Carter, corruptly solicited, received and concealed payments from various sources in return for certain members of Parliament agreeing to favour the interests of those responsible for the payments
2. whether, between December 2010 and November 2011, certain members of Parliament, including Christopher Hartcher, Darren Webber and Christopher Spence, and others, including Raymond Carter, solicited, received and failed to disclose political donations from companies, including prohibited donors, contrary to the Election Funding, Expenditure and Disclosures Act 1981
3. whether Eightbyfive, a business operated by Timothy Koelma, entered into agreements with each of a series of entities including Australian Water Holdings Pty Ltd, whereby each respective entity made regular payments to Eightbyfive purportedly for the provision of media, public relations and other services and advice, in return for which Christopher Hartcher favoured the interests of the respective entity
4. the circumstances in which false allegations of corruption were made against senior executives of Sydney Water Corporation (see also Operation Credo)
5. the circumstances in which the 2011 election campaign for the seat of Newcastle was funded by the Liberal Party, and whether funds were solicited and received from prohibited donors, including Buildev Pty Ltd, Nathan Tinkler, Jeff McCloy, Hilton Grugeon and other persons and companies associated with them
6. whether members of Parliament, including Christopher Hartcher and Michael Gallacher MLC, solicited and received donations from prohibited donors for use in the Liberal Party 2011 state election campaign, including in the seat of Newcastle
7. whether parties and persons, including Buildev Pty Limited, Nathan Tinkler, Darren Williams, David Sharpe, Jeff McCloy and Hilton Grugeon improperly sought to influence certain members of Parliament by making donations during the 2011 state election campaign
8. whether members of Parliament, including Christopher Hartcher and Michael Gallacher MLC, used or attempted to use their power and influence improperly to confer, or attempt to confer, benefits upon donors to the Liberal Party in the 2011 state election campaign
9. the circumstances in which two campaigns were conducted against the sitting member of the seat of Newcastle, Jodi McKay MP, including the publication and distribution of misleading information, and whether certain persons were involved in organising, or attempting to organise, and/or funding those campaigns, including Joseph Tripodi MP, Anne Wills, Nathan Tinkler, Darren Williams, David Sharpe and members of the Newcastle Alliance
10. whether members of Parliament, including Joseph Tripodi, used or attempted to use their power and influence either to improperly confer benefits, or attempt to improperly confer benefits, upon certain parties and persons, including Buildev Pty Limited, Nathan Tinkler, Darren Williams and David Sharpe, in respect of a development of a coal terminal proposed at the Port of Newcastle
11. whether members or associates of the Liberal Party used, or attempted to use, the Free Enterprise Foundation as a means of receiving and disguising donations from prohibited donors in the lead up to the 2011 election campaign
12. whether certain companies and persons, including Buildev Pty Limited, Boardwalk Resources Pty Limited, Nathan Tinkler, Darren Williams, David Sharpe and Troy Palmer used, or attempted to use, the Free Enterprise Foundation as a means of making donations to the Liberal Party with the intention of attempting to improperly influence certain members of Parliament.

The ICAC will resume its public inquiry being held as part of this investigation on Wednesday 6 August 2014 from 10:00 am at Level 7, 133 Castlereagh Street, Sydney.

Persons claiming to be substantially and directly interested in this matter may seek leave to be represented at the inquiry, and are invited to contact Mr Don McKenzie on (02) 8281-5999 to advise of their interest.

Members of the public with information relevant to the investigation are encouraged to provide it in writing at GPO Box 500, Sydney NSW 2001, by email to icac@icac.nsw.gov.au or by facsimile (02) 9264-5364. The ICAC will treat all information confidentially and has legislative powers to protect people who provide information to the Commission.

Roy Waldon
Solicitor to the Commission