ICAC to hold public inquiry into the ‘regulatory functions’ of SafeWork SA

THE grieving widows of two men killed in workplace accidents during construction of the Royal Adelaide Hospital have welcomed a public anti-corruption inquiry into the safety watchdog that investigated their deaths.

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THE grieving widows of two men killed in workplace accidents during construction of the Royal Adelaide Hospital have welcomed a public anti-corruption inquiry into the safety watchdog that investigated their deaths.

Independent Commissioner Against Corruption Bruce Lander QC on Thursday announced a public inquiry into SafeWork SA after a number of complaints and reports about the agency over the past five years.

Mr Lander said the “nature of those complaints and reports, together with other information I have received in respect of SafeWork SA, has led me to the view that an evaluation of its regulatory functions is in the public interest”.

The SafeWork SA prosecutions over the deaths of RAH construction workers Jorge Castillo-Riffo in 2014 and Steve Wyatt in 2016 have either been dropped or did not proceed.

Last week, Mr Lander announced an investigation into SafeWork SA’s collapsed prosecution after the investigation into the death of Adelene Leong on Airmaxx 360 ride at the Royal Adelaide Show in 2014.

READ THE FULL ICAC STATEMENT ON THE PUBLIC INQUIRY

Mr Castillo-Riffo’s partner Pam Gurner-Hall welcomed the public ICAC inquiry but questioned why it had taken so long to occur.

“I’m pleased to see that there is going to be an inquiry into SafeWork SA,” she said.

“It’s become abundantly clear that, even though the coroners inquest hasn’t finished yet ... that there was clear problems with the investigation. I think one of the most important things is that it is a public inquiry.

“If he has been receiving complaints since 2013 ... here we are in 2018. Why has it taken so long for the commissioner of an ICAC to come up and say it’s clear there is a problem?”

She said it was “clear and obvious there were huge holes in the investigation of Jorge’s death”, and that she intended to make a submission to the inquiry once it opened.

Jorge Castillo-Riffo, killed in an industrial accident on the work site of the new RAH.

Similarly, Mr Wyatt’s wife of 43 years, Deb, told The Advertiser she also intended to make a submission to the inquiry.

“If Steve had been killed in a car crash, someone would have already been held accountable,” she said.

“But, because it’s an industrial accident you have to go through SafeWork SA.”

She said she had little faith in the agency and welcomed what she hoped would be “a full investigation”.

“The public don’t realise what we get put through when it’s an industrial death,” she said.

Deb Wyatt, with her husband Steve who was also killed on the new RAH construction site.

Mr Lander said the inquiry’s purpose would be to “consider what, if any, improvements can be made to minimise the potential for corruption, misconduct or maladministration to occur within the agency”.

“I have also decided to conduct the evaluation by way of public inquiry because I think there is good reason to do so,” he said.

Mr Lander said there were three reasons for holding the inquiry publicly, including public confidence.

Independent Commissioner Against Corruption Bruce Lander. Picture: David Mariuz/AAP

“Carrying out such an evaluation in public allows both weaknesses and strengths of the agency to be highlighted and opportunities for improvement to be debated openly,” he said.

“Secondly, members of the public who have had experiences with SafeWork SA, as well as public officers within SafeWork SA, ought to be afforded an opportunity to make submissions in respect of the evaluation.”

Mr Lander said holding a public inquiry would allow members of the public to be made aware of the evaluation, its scope and progress and that they “may be more willing to come forward with information relevant to the evaluation”.

“Finally, people will be able to judge for themselves whether the content of my final report is appropriate in light of the evidence and submissions received.”

A call for submissions will be made once Mr Lander establishes the scope of the inquiry.

SafeWork SA welcomed the investigation. The watchdog’s chief executive Caroline Mealor said it would identify where improvements could be made to prevent corruption, misconduct or maladministration.

The Failed Prosecution

THE mother of Adelene Leong said it appears South Australia failed her daughter as the state’s anti-corruption watchdog investigates the collapsed prosecution.

Kim Ng, 53, still seeks answers into eight-year-old Adelene Leong’s September 2014 death while on a dream family holiday from Malaysia, telling The Advertiser how “accountability appears to be forgotten”.

Adelene Leong.

She expressed her heartbreak hours after Independent Commissioner Against Corruption Bruce Lander QC on May 2 revealed an investigation into the State Government’s health and safety watchdog and “evidence that was obtained”.

In a rare public statement issued two days after his office received a SafeWork SA report, Mr Lander announced the “public interest” overruled usual secrecy surrounding such inquiries.

During an Industrial Court hearing held behind closed doors on Wednesday, SafeWork SA dropped its prosecution of Safe is Safe Pty Ltd — and Queensland-based engineer director Hamish Munro — over the fatal AirMaxx 360 ride accident.

It had alleged Mr Munro — a professional amusement ride engineer with more than 30 years’ experience in Australia and New Zealand — oversaw a flawed inspection, and verification, before its first use at Wayville in 2014.

Outside court, an agency spokeswoman said: “This decision was made after new information came to light, which meant there was no longer a reasonable prospect of conviction”.

SafeWork SA, the government, and Mr Lander refused to provide details, but well-placed sources suggested it could relate to claims the agency had no “powers” to investigate, which authorities allegedly knew when charges were laid in April 2016.

Evidence photos of the AirMaxx 360 ride at the Royal Adelaide Show.

In a statement issued through her lawyer on May 2, Ms Ng — whose husband died four years before Adelene — called for a Coronial inquest, and a fast-tracked ICAC inquiry.

“On the 12 September 2014, Adelene was tragically flung to her death from the Airmaxx ride at the Royal Adelaide Show. Today, 1329 days later, her mother is still looking for answers as to how the incident occurred. Accountability appears to be forgotten.”

“It appears that the institutions of this State charged with the investigation of the incident have failed her.

“Mrs Ng calls for the Coronial Inquest, and any ICAC investigation, to be expedited so that such an incident is never allowed to reoccur.”

She has told how her daughter’s death came four years after her husband died in undisclosed circumstances, leaving her life “meaningless” and filled with “sorrow, pain, grief and loss … beyond words”.

An aerial view of the AirMaxx 360 ride.

Under state law, Mr Lander can investigate criminal corruption matters as well as cases of maladministration or misconduct in public office.

In public statements announcing maladministration or misconduct inquiries, Mr Lander usually states how he has “exercised powers under the Ombudsman’s Act”. Wednesday’s statement did not contain that phrase.

“Having regard to the public interest arising out of the SafeWork SA investigation and the fact that the prosecution was withdrawn … I felt that it was in the public interest to confirm that an investigation ... is underway,” he said.

The Advertiser revealed in September 2015 how flawed laws hampered SafeWork SA’s investigation.

Problems centred on its “legal status” and powers to obtain evidence or compel witnesses and persons under investigation to give formal statements. Fears were raised that evidence collected by safety investigators could be deemed inadmissable, and dismissed by a judge in any court case.

An ICAC spokeswoman said: “We can make no further public statement at this time due to the fact it is an ongoing investigation. We are acting swiftly.”