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Ex-Logan councillors air concerns about whistleblower protections ahead of Fitzgerald 2.0 inquiry

The Fitzgerald 2.0 inquiry into the state’s crime watchdog has assessed 87 submissions, which will be tabled next week.

Former Logan City councillors Phil Pidgeon, right, and Trevina Schwarz, top, said ‘high hopes’ for a strong outcome from Fitzgerald 2.0, headed by Tony Fitzgerald, were fading as the content and details of submissions remained confidential.
Former Logan City councillors Phil Pidgeon, right, and Trevina Schwarz, top, said ‘high hopes’ for a strong outcome from Fitzgerald 2.0, headed by Tony Fitzgerald, were fading as the content and details of submissions remained confidential.

Calls have been made for next week’s inquiry into the state’s crime watchdog to include a review of protections for victims of whistleblowers making false allegations.

The Fitzgerald 2.0 Commission of Inquiry, headed by former judge Tony Fitzgerald, is due to hand down its report into the Crime and Corruption Commission on Tuesday after receiving 87 submissions.

The inquiry was set up in February with a tight timeline to report back by August 9 after damning findings from a parliamentary inquiry into the charging of eight Logan City councillors with fraud.

But already the seeds of dissatisfaction have been sown with the inquiry failing to reveal details of submissions and concerns it will not review protections for victims of false allegations.

Ex Logan City councillors Trevina Schwarz and Phil Pidgeon are awaiting the outcome of the Fitzgerald 2.0 inquiry.
Ex Logan City councillors Trevina Schwarz and Phil Pidgeon are awaiting the outcome of the Fitzgerald 2.0 inquiry.

Two former Logan City councillors, who were exonerated of fraud charges but lost their jobs, said the terms of reference for Fitzgerald 2.0 were “too narrow” and did not adequately review laws to protect victims of false claims.

Former Logan City councillors Phil Pidgeon and Trevina Schwarz said “high hopes” for a strong outcome from Fitzgerald 2.0 were fading as the content and details of submissions remained confidential.

Mr Pidgeon said he approved of the inquiry tightening laws to protect whistleblowers but also wanted protection for those who had been incorrectly charged.

“There is no recommendation in this inquiry to look at whistleblowers who make false claims and I believe that should be part of this review,” he said.

“People are keen to read the submissions which will not all be about the Logan fraud charges.

“I know many have made submissions but we still do not know how many will form part of the inquiry.

“There are many people who believe this inquiry will hold magical powers but the terms of reference are narrow, so the output, based on the input, will also be narrow.”

Terms of reference for Fitzgerald 2.0 include reviewing procedures, practices and processes relating to charging and prosecution of criminal offences.
Terms of reference for Fitzgerald 2.0 include reviewing procedures, practices and processes relating to charging and prosecution of criminal offences.

Ms Schwarz, formerly Logan council’s treasurer, said she hoped the review would help clampdown on the failure of CCC officers to follow procedures and protocols.

“In our case, much of the CCC procedures and guidelines were in place but they weren’t followed,” she said.

“It is unlikely that this inquiry will take into consideration whistleblowers misusing the Whistleblower Act to get an outcome.

“That reform will likely come later this year when the Whistleblower Act is reviewed – but until then, there is no protection for those who face false allegations by the CCC and whistleblowers.”

A spokesman for the inquiry said the commission would make recommendations about changing the operations of the CCC and laws including the Crime and Corruption Act.

Submissions, “with some exceptions”, would be published on its website after the report was handed to Premier Annastacia Palaszczuk and Attorney-General Shannon Fentiman.

However, the commission said it would not be revisiting findings from the parliamentary committee into the Logan fraud charges.

THIS IS HOW IT UNFOLDED

Seven Logan City councillors charged with criminal offences

Submissions were received from targeted stakeholders, integrity agencies, policing services, directors of public prosecutions, academics, unions, peak bodies, local governments, and the public.

Not all submission details will be published with the inquiry choosing not to reveal personal addresses, confidential documents, names of some submitters and any documents that are before courts.

The inquiry has also been asked to review the structure of the Crime and Corruption Commission and the use of seconded police officers.

It will also assess legislation, procedures, practices and processes relating to charging and prosecution of criminal offences following the Logan case.

Requirements for the CCC to obtain a recommendation from the Director of Public Prosecutions, or a senior independent legal adviser, before police officers lay charges for serious criminal offences will be another aspect under scrutiny.

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Original URL: https://www.couriermail.com.au/questnews/logan/exlogan-councillors-air-concerns-about-whistleblower-protections-ahead-of-fitzgerald-20-inquiry/news-story/e205fdd0d407532b3181d04fc58afef9