Suspended Health Workers Union boss to face civil trial over ‘ghost printing’ claims
Suspended union boss Diana Asmar is set to face a civil trial over allegations she transferred $2.8m to a printing business for services that were never provided.
Victoria
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Suspended union boss Diana Asmar is set to face a civil trial over allegations she misappropriated members’ money after she lost a bid to pause the case against her.
The Fair Work Commission has launched legal action in the Federal Court against Ms Asmar, who has been stood down from the national executive of the Health Services Union, alleging she transferred $2.8m to a printing business between 2016 and 2021 for services that were never provided.
The FWC filed the action against Ms Asmar, her husband and five others in the Federal Court in August, seeking the Asmars compensate the union for the missing funds and pay penalties.
In December, Ms Asmar’s legal team argued criminal charges were “on the cards” and the civil proceedings should be “stayed” – or paused – until police have determined not to charge her.
But on Tuesday, Justice Craig Dowling disagreed, ruling that a stay would not be appropriate at this time.
“The status of any current investigation by Victoria Police is unknown. The intentions of Victoria Police with respect to Ms Asmar or the other respondents is unknown,” he said.
“Whilst (criminal) proceedings against Ms Asmar might be a possibility, I am not satisfied on the evidence before me that they are on the cards or a reasonable possibility.”
Ms Asmar’s barrister Rishi Nathwani KC had argued his client would be prejudiced in any potential criminal trial if she was forced to defend herself in a civil trial.
“The police can sit back and watch it all unravel and use the evidence as they wish, if she were to participate, thereby completely abrogating her right to silence,” he said.
But Justice Dowling said it was a “grave matter to interfere with the usual course of proceedings” and the FWC is entitled to have the civil proceedings “tried in the ordinary course”.
He noted legislation would require the case to be stayed if charges were laid in future.
Ms Asmar is the state secretary of the Health Workers Union, which is the Victorian branch of the HSU.
It is alleged she received “the benefit of cashback transactions” worth thousands of dollars under the “ghost printing” arrangement, with the FWC to argue she failed to act in accordance with the minimum standards of behaviour required of a union officer.
“Ms Asmar and Mr Asmar are alleged to have received deposits into their personal bank accounts at or around the time that payments were made to (the printing business),” the FWC alleges.
It is understood Ms Asmar denies the claims.
The matter will now be listed for a case management hearing.
Originally published as Suspended Health Workers Union boss to face civil trial over ‘ghost printing’ claims
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