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Criminal allegations arising from Patel trial & Commission ofInquiq .. ,... 3

I11 BSA Corruption Allegations...... 4 II BSA Cool School Con'uption Allegations...... 4-

IIil i I Child Safety Department & Police Force Corruption Allegations 5 j II II Attachments...... 7 I ; ! II !!

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~ -::.. =-=-==.=-::=:.------~------~-=-~cE~-A~~1~~~~_~~~ I' ------l I A number ofnew and serious issues have been brought to my attention that also i support my call for u~c cstablislnncnt of a Royal Commission wiu~ broad powers il ofinvestigation. I

Some of t.1).e infonnation in the following document is based on a nmnber of IIII !I conversations I have had with whistleblowers and constituents involving: II I "II 1. Patel Trial and Commission ofInquiry If "II 2. Building Scnriccs Authorit'j III 1i il 3. Child Safety Department and Police Scnicc II

------I ~ =- ~---==- =-==---- ~~~--=---- -~~- -=--=-- =~:.-=-~=-:-~-=-~~~~-~-~~- ----=---=----~~~ ~-- ~- -~-~ -~ ~~R~r~ If - :------i ------=-----==---=-=-= I ~I{"IJ~:L~~~MJ~tr~~~ J il The QuecnslaI1d police department has failed to respond in a timely maImer to I~ I official Climinal complaints I made beginning four months ago against a m.trnbcr of I key public officers who were adversely named in ti~e Queensland Health Royal 11 i Commission (Dr Da..-ren Keating, :Mr Peter Leek, Dr Kees Nydam, Dr Gerald ! m il Joseph Fitzgerald). I The official c-dminal complaints relate to the nvo year period that an overseas p. 1\ traincd doctor (Patel) who had a long history of medical ncgligcncc a..?J.d misconduct, was illep-allv hired and allowcd to work at the Bunaaberp- Base I c ,J 0- I I HospitaL ! i II During that 24 month period a Royal Commission found that, while he was not i registered, credentialed or privileged as it doctor, he illegally and negligently 11 w~ilc I II treated over 1500 people and had 87 die under his care. rt IIi II t He was allowed to illegally continue to treat patients, hy a team of Queensland ! I Health bureaucrats who indhidually and collectively failed to properly act on -jI I numerous official complaints. i I I i! I !I ~ ~ 1i II I[ I ~--- --~------~---_._------. -11-tl P..tlGE 4- 1 1! II ~ - ---~~------c-=~:- l~ ~~- ----~~:~=-~--~-~~.:---~~~~_r_U!_~tIit1r~_- -- ~_=- ~"IMTSSff)N of_lNQl:lfltY_(CoI~T'-D) ~ _~-:.-.:_-.::-=-~- _~ II _ -:. _--__ -- Ii ~ The government has failed to lay criminal charges against any of their public officers who, by their actions, enabled Patci to continue with his criminal acts until they were exposed under parliamentary privilege. I[i II II l The government in particular has failed to lay criminal charges against the fanner t manager -of the Btmdabcrg Base hospital (Mr L-cck) who, according t-o sworn I!I evidence given during the Ro)'al Commission, purchased a business class air ticket II Patel to escanc to America. nve after activities were eXDOscd in for .I. r davsJ his 1. parliament and after he (as it is now been found by a court) officially committed II -Ii four criminal acts - three ofrn_ar.slaughtcr and one act of Grievous Bodily F.arm. Ii See -attached<:orrespondence relating to theseofficial police -co.--npl-aints. II --=c_ -_- - -- ~~__----=--==- -;~-=- -_ ::--_--=- .:~----;;:: --=------~ ------=----=====-----=- -~--=-=- ~ - -s-x=eu1UllIPTIO~~TrEGA.~~-- =-=--~------~=- ~~-=------=- =--- -- ~ - -=------ii II A BSA officer who alleges that he is an official whistleblower prcviously -Ii recognised by the CMC, contacted me with further allegations of systemic II corruption w-:ithin thc BSA. His allegations are contained in a phonc call made on 1 November 2010. I recorded that phonc call and made a transcript of his 1i allegations. TIle tra."1seript of that telephone conversation -can be viewed. in thc ii attachment section ofthis document. itI! I The BSA says hut he is a former police officer of 1b years experience andalDl"lg .; .a. J.I. -il with a fonner police officCT, was fed up with the con-uption he witnessed while working at t.'b.c BSA. -II /I la II ~~---=- :::: ---=---=-~:::==------=----=-..-:--- ~=------=-=---- -=-~~--=--=~-~~~-----~- ~---=-~=-- ~-==---~-=---=- ---- ~= -- ~--~- -- - -OOL£BR-R~TIDB~ArEEGA-=rlYN--- II -----==------=----=----=-=---~------==--=------=---=------=------=------~~~~====--=------=~- -=------.~

A constituent has apuroached, me with allc!Jations<> that the installation. of air conditioners for t.~c "Cool Schools" and Cooler Schools Progra.-.ns was rortcd by onc company in particr~ar.. ~ My constituent says; ",., when one is installed the company billsjOr two", He placed. his r. allegations in a statutory declaration_ ~ II In order to establish whetlrer his -allegations were credible, ! asked two Questions .~ On Notice in Parliament and commissioned a parliamc..l1tary library study (see attached Q¥estions)" I II TIle Public \Vorb mi.Jistcr refused to aIlswer my fIrst question a.id referred it to II -II II _-I._ i ------P-A-G-E- -CiviC SUBMISSION - 5 1-- Ij

------Ii II -=-~t~-s-oKRl.~~~=_-=---~--:=~~- --~-- I The Education Minister who replied ",VitJl same ofthe lnformation ! requested. I J -11 The reply indicated that ber-ween 96-97 to 06-07 more than 3,500 classrooms were 'sI I air-conditioned at a tOtal of $142.399M and an aver-age cost of $40,685. I i

,I A Parliamentary libra..7 research paper lar.gcly agrees with the Education MirJster'5 figures in his QON repiy, however the funds spent on air conditioning of class rooms in the financial year 02-03 reported by the Parliamentary Library differ by I ~ an amount of$12,668,000 from the answer provided by t.h.e Education Minister. I Ubra..-j 2002-03 =$34.2 1\1 II ~ QONReply2002~D3 = $21.532M ,II DifIere..'1ce = $12.688 M II il Given the information I have received as a statutory declaration, I have concerns -II about the high average cost of air conditioning classrooms ($40,685) and also the $12.688M official discrepa.T1cy between Parliamentary library and Department of J Edu-oatkm figures f{Jr the financial yem." 2002-0:3 . ! I I On further reflection and discussion with air-conditioning industry experts at the -II beEi.llninE -of this year rCEardllrE the avera:EC "Cost -of air-conditio:n.h-rg L,,-"...... '-' "-" '-' """ I classrooms, and after recalling an air-conditioning issue at a local school in MarCt~ ~ t _vv,.]')nn:r: ,see attaCi1.ea':1"memo. re1ease/It" . may '.1"tnu1catc tn~_t1 my ConstthiMits• a.u.cgations11' I aTC credible. I

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Mr Tony Negus Commissioner Australian Fedecral Polic.e_ Reb Messe.ngel' PrfP l~1EJIIJBER FOR JifJRNETT GPO Box 401 CWltJerra ACT 2601 I I:Dear Commissioner I I am the State Member of ParHament for the Queensland electorate of I Burnett. . I The Queensland Government established the Queensland Public Hospitals r Commission ofInquiry in 2005 to investigate complaints against Dr Patel at i the Buudaberg Base Hospital. IThe Commission published its report on 30th November 2005. The findings of the repolt are chilling. Victims and families affected by Dr Patel's gross I negligence are still suffering physically, mentally and financiaHy. He was sentenced to seven years jail for manslaughter of three of his pat1lmts and grievous bodily na.1111 ofa fourth. More charge-s Me pending. I At all matedal times, Dr Keating was the Director ofMedical Services at the Shop 7 lJOl'gMfl Beac!l Plaza Bunda-berg Hospital. The Commission made all extraordina..ry number of 15-19See Street '. (pO Box 8371) adverse findhlgs against Dr Keating. Many ofthese were ofa serious nature. llatgnra- Qli!- 467(). I

F...~"fJll Nm l-/ff){) 819 545 One ofthe recommendations related to the Federal Police (see page 194) and 0lfieepllOlle: ({J7) 41591988 stated; Offlcefitx: (fJ7) 4:1592696 MoiJl~ 0407gO.f 134 Dr Keating-'s crmduet with respe-et to the appUcatt011for a.fiPlr Y?fJr visa be referred to the Australian Federal Police for investigation into whether he Email: I th~ has committed an offence against 8; 137 o-f the Criminal Code (Cth); on illlT1tetl@/J(Jrliament.qld.goJI.an basis that he may have knOWingly or recklessly given false or misleading J iriformatlon to the Department oflmmtgrati-ojf- and Multicultural Affairs. I I I f~-----

I would be grateful for your advice on whether this ret'---011".mendation was referred to the Australian Federal Police and what} if atly, action was taken by the. Foo~r.a.l Police in relation to this adverse finding.

I look fonvard to your response.

Yours faithfully () V \~/ \--- (j Robeli Me.ssenger - Memher for Burnett ~------~------

10 August 2010 ~"

"Mr Tony Negus ICmnmissioner Austr~lian f. Federal Police Ig~~:: iciT 2601 -- ---­ . ------=-- :...... ~-=:----==-==--- - Dear Conunissioner

RobJliessengei'ldP I am the State Member- of Parliament foi' th~ Quee:nsland electorate. of MEMBER FOIl BVRNETT IBurnett. The Queenshmd Govermnent estab-lished- the Queensland Public Hospitals_ Commission ofInquiry in 2005 to investigate complaints against Dr Patel at .the Bundaberg Base Hospital.

The Commission published its report on 30th Nnvember 2005 and I have Ipreviouslyf-orw-arded yoo a copy ofthe report.

Dr Patel was sentenced to seven years jail for manslaughter ofthree of his . patients and gdevous bodily nann ofa fourth. More Qharg~8 are pending. j At all material times, Dr Nydam was the acting Director ofMe<'Uca! Services 1. at the Butldaberg Hospitat

The Commission made a number of adverse findings agaiIJ.st Dr NydamI including a false representatinn to the D~RWiment ofImmigration: Shop 7 Bargara Benclt Plaza 15..,J9. See Street In completing a Form 55 Sponsorship for Tempormy Residence in Australia (pO BDX $371) (non husiness) 011 or about 8 January 20G3 in- rela#tJf1: to- the proposed !JtJt~ari! Wi! 4670 employment ofDr Jayanl Patel as a Senior Medical Officer, Surgery, at the Base, Dr Nydamfalsely represented rha-t the position had 'been. ad-/er.tised a. FreecallNo: 1800 819 545 number of times over the past 6 months. 1.1lere have been no Australian OfficepnOJle: (O'lj t/IS9198/f appiicants. '. Officefax: (fJ7) 41592696 I The CommissIon also found Dr Nydmll to- be negligenf. jWfJhile: fJ-'!fJ7 !JfJ4 134 Email: !J!!rnett{ii)iJarli.f1mtmt.gL1.pnl'.&~ I would be grateful fuI' YOUI' advice- on whefr.er thi.s. ad.verse. fm

1 A.PPENDIX 1 2. APPENDIX 2 .... - . :~--: ..._----~------~

I also bring your attention to my earlier letter to you regarding the alleged false infonnation given to the Department of Immigration by Dr Keating who the Commission found:

DrKeating's conduct with respect to the application jar a/ouryear visa he referredto tite Australian Federal Police/or t'nvestigcttion into whether he has committed an offence against s. 137 a/the Criminal Code (Cth), on the baSIS that he may have knQwlngly or recklessly given false- or­ misleading irifonnation to the Department oj Immigration and Multicullural Affairs.

I look fonvard to your response. Yoursn faithfully W~ ~~ ~

Robert Messenger MP Member for Burnett

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16 August 2010

Hon Cameron Dick MP Attorney-General & Minister for Industrial RetatlQUS GPO Box 149 BRISBANE Q 400-1

Dear Attorney-General

I refer you to your government's decision to-date. not to pursue any Roh Messenger MP criminal charges against one of Patel'·s fonner Queens-la:rId Health I¥ElI£BER FOR BURNETT I_ Supervisors, Dr Darren Keating. r I remind you ofsome ofthe facts surround that issue:

1) Retired Supreme Court Judge Davies recommended that: I 3.428 (a) Dr Keating's conduct with respect to the application for a four year visa be referred to the Australian Federal Polic.e. for invfJs#gation into whether he has comm#ted an offence against 8. 137 ofthe Criminal Code (Gth). on the basis that he may lUl!!€. knowingly Qf recklessly given false or I misleading information to the Department ofImmigration and Multicultural Affairs.

2) Fonner Suprenle- Court Judg.e and Chair ofthe CMC lustiQI;! ":."• .t

~'. .. Martin Moynihan acknowledges in recent corn::spondence to me, that a prima facie ca:se (ofattempted fraud - section 408 of the criminal code) was still available against Dr Keating, however he qualifies it by quoting- Special Counoil Brendan Butler in 2007 ~ who indicated thRt the strength ofthe evidence was such that tlie prospects ofsuccess on such a charges were Shop 7 Bargara BeacT! Plaza not good. 15-19-See Street (pO Box8371) !1m'gp.~a Qld 4a-If} 3) Since Butlers 2007 legal opinion and qualification was expressed, there has been a significant positive change 1n the Frenal!No: 18(){) 819 545 material facts ofthe legal siV.Jation regarding Patel and Keating. OfficepMne: (07) 41591988 OjJlcefax: (07) 41592696 I A..s you are awa~~ Patel has been extradited hack to Australia, P..as been M(}bife: 0,(07904134 tried and found guilty of four serious criminal charges and is now in Email: custody in a Queensland Prison, [email protected] iPW;y.;-oD;;ze3senger.coy: These- series o-f events must surely p.ftve_ i}jcre£lse.d.~ mthf;:( then decreased the prospects of a successful prosecution under section 408 of the eri.minal code and added to the already existing body of evidl:1uQq creating a prima facie against Dr Keating. --i------! ------_ ------r I I

Given that there IS no statute of limitation attached to a charge under section 408 of the criminal code, there appears to be no good reason why your government won't test the guilt or innocence of Dr Keating before a Queensland judge and jury.

Certainly the public interest would be served ifthis charge was actioned, I1 given that only one employee ofthis government has ever been charged with crimes. ~lating to the worst public heath disaster in Australia's history, which saw at least 1450 people illegally treated and at least 88 people- lose tP-..eir liveR while being QP~ted -on by a surgeon who was negligently employed byyour government.

If you do not proceed wit"! this charge against Dr Keating I fear it will

damage- the ali&ady tam-isl'.ed reputation o.f your govermnentj the. Qffice of the Director of PubHc Prosecutions and also the reputation of the Queensland legal system,

Your govemment wouid then be opening itself tv the accusation that it is not a lack of evidence. which is preventing you from seeking justice for the former patients of Bundaberg Hospital, bt."t it lack of political will.

This will inevitably lead to the question ofwhy doesn't the Queensland government w~nt the truth ofthe matte!' regarding Dr Keating's guih or innocence decided in a court by a jury rather than by a politician?

I lnere.fQtQ lisk that you imme-diately place this matter before the DPP and recommend that they, at the very least, ta.ke legal action against Dr Keating an nne charge Qf 1ittempted fraud ~ section 408 of the criminal code.

I also ask that you detail for the people of Queensland and the New Patel Actio-n Group what y{)U have done- in follQW thrQugh with the

recommendation of Retired Supreme Court Judge Daviesl as described in fact 1- above.

fu~ For examplel has your goveroment- even contacted Federal Police in the last fOUf years with regard to the possibi1fty of Dr Keating committing an offence agalnsts. 1370Jthe Crfmbta-l Code(Ctk}?

Yours faithfully

Rob- ~'Ies8enger Iv1P Member for Burnett

I I -----~ ------~~------~---~ ------~- ----~---

COMPLAINT

MATTERS IN RELATION TO DR DARREN KEATING,

MR PETER LEeK AND OTHERS

11. My name is Robert Messenger and 1am the Member of Parliament for Roh Messelzger MP MEMBER FOR BURNEIT fthe State electorate of Burnett. I (2. The Queensland Public Hospitals Commission of Inquiry (30th INovember 2005) (copy enclosed) made a number of adverse findings :against Dr Keating, Mr Leek and others in felation to the negligent Iconduct of Or Patel who practiced at the Sundaberg Base HospitaL f 3. At all material times Dr Jayant Patel was employed atthe 6undaberg

IBase Hospital. 4. At all material times Mr Peter Leek was the District Manager for

Queensland Health. / f 5. At all material times Dr Darren Keating was the Director of Medica i­ IServices, Queensland Health, at the Bundaberg Base Hospital r 6. On 29~h June :2oto Dr Patet was f-otmd g-uiity of- three counts of Shop 7BargarllBeach Plato 15-19-Seestftet manSI"aUghte~ ~o: thre~ (pO.Box 8371) I kifling of his patients: Rwgfll'4Qlil4.il1f) ".$ 1o-year-Olo IVt9rvyn Moms;- FreecalJ Ne: 1800 819 545 Office plwne: (97) 41591988 Officefax: (07) 41592696 77-year-old Gerardus Kemps; and / Mobile: 0407904134 f" 46-year-old James Phillips Ema!!l lnunet!@PtUlilU11e!lt.gLtf.gO!um WWW.ToomessenQ:u.cv!U laUd!h

t. I J 7. Dr Patel was sentenced to seven years imprisonment on 1st Jury 201"0. I 8. The Inquiry made a large number of adVerse findings agaInst Dr i Darren Keatingt.

9. The inquiry made a large number of adverse ftncHrrgs agaiFiSt Mf

to. The ~rrqulry made ma-ny additiona~ cF~t~dsm8 of Mr Leek,

11. Ml' L@ck admitted at the. lnquiry that he. li.ad authQris.e.d a $.3.G47._00

ooo-way business_ CI~S.s aIr fare. for Dr Pai~l tQ fl~e Australia and ratum to

the Unite.d State~. ThIs was at a time when he knew, or ought to have

known. t.hat enquiries were in train to Investigate the deaths and negligent

I surgery of the patients of Dr Patel that may lead to charges of I ! manslaughter and grievous bodily harm. Further, that Mr Leck knowingly ! breached Government policies and procedures In relation to -the authorisation of the business class airfare. In relation to Mr Leek's r I teStimony and admissions at the first Commission of Inquiry headed by Mr f 4 Tony Morris QC see • The admissions made by Mr Leck raise serious

issues about his motives, and I believe, leaves open an inference that Mr

leek acted unlawfully.

12. I sUbmit that as Dr Patel has now been convicted of three counts of

manslaughter1 Mr Leck has been an accessory after the fact when Dr

Patel was convicted and has therefore committed a crime under S.544 of

the Queensland Criminal Code in that he assisted Dr Patel to flee

Queensland to avoid prosecution.

1 See APP-B?i'DtX 1 2. See APPENDIX 2 ] See MPENDlX ~ .. See APPENDIX 4 -L ------~ _ --~------~ ------_._------~- I ------~------I I 1 I 13. Accordingly I request that the Queensland Ponce Servf:ce investigate I Mr Leek. i 14. Further. Or Keating and Mr Leck have breached a number of

provisions or the Queensland Criminal Ci:Jdeo. These incluee-. but are not

11m1ted to those S-ectiofJS set out inthlS complaint

15. Accordingly I requ6-st that the. Queensland Pcllc-e Servi.cs- irw6.stig.ate.

seclions of the- Quaeps!a.nd Crlmlp~ Coda breache.d. by Mr LeGk~ Dr

Keat!ng and o.thers. whilst employed by Qu.een~land Bealth.

16.. The. ma.tters. raised. in thj~ complaint focus primarily on ti/k Leek and Dr

KeaUng.._H.Qwever, I believe that there are other people who may have

breached the Queensjand Criminal Code, These include other doctors

and administrators who were employed within Queensland Health at all

materJal times, I specifically mention Dr Kees Nydam who was also

actively involved in the authorising the business class airfare for Patel.

faithfUlly !I· '(ours I

Rub- Messenger Mid

Member fOi 8urnett

[ I j I ! j ! [ S See APPE!'.lJ)!X 5 I I I ------.. _---- .-.-.>---_.-._- -1.------. -- .. _--._.-._-- '------.1 I

APPENDIX 1

QUEENSLAND PUBLIC HOSPITALS COMMISSION OF INQUIRY

ADVr:RSE FINDINGS AGAINST DR KEATiNG

3.427 I make the followfng adverse findings with respect to Dr Keating:

(8) He failed, from or about 14 Aplil2003 (when his employment at the Base commenced), to ensure compliance with good practice by ascertaining the terms of Dr Patel's registration and ensuring that he was an appropriate person to continue as the Director of Surgery.

(b) He failed to comply with good practice from or about 14 April 2003 by ensuring that Or ! Patel 'flaS the subJect of a cfBdentialing and priVileging process. either in accordance with i Queensland Health policy or on an ad hoc basis. ,j {c) Dr Keating failed to take steps to ensure, prior to~ or ImmedIately after the j commencement of, Dr Patel's employment at the Base. he was sUbject to a process of i credentialing and clinical privileging.

(d) From April 2003, Dr Keating was made aware of numerous complaints about the ciinrcai­ I practices and procedures of Or Patel and his behaviour. Including but not limited to, the I foHawlng:

• In May and June 2003, a complaint by Ms Toni Hoffmann and Dr Jon Joiner about me performance of oe$Op..~agectomiesat the Base; • In May 2003, a complaint about incorrect topical treatment to a patient; .. In June 2003, a complaint about Dr Patet operating on the wrong part of a patient's ear; • In July 2003, a complaint from a Dr Peter Cook about the performance of esophagectomies at the Base; .. . In July 2003, a complaint from Ms Aylmer about a rise in the incidence of wound dehiscence; • In October 2003, a complaint from Mr Ian Fleming about Or Paters treatment of hrm for­ diverticulitis; • in November 2003, a complaint about Dr Patel's personal Infection contror li1easures~ • In late 2003, a complaint from Dr David Smalberger about the clinical and professional conduct of Dr Patel; • ln the course of 2004, an audit of peritoneal catheter placements demonstrating that Or I Patel had a one-hundred per cent complication rate; • In March 2004, a complaint from Ms Toni Hoffman concerning Dr Patel's ellnieaI conduct and professional behaviour and a cornpfaint by Mr Geoffrey Smith abom treatrrrent provided by Dr Patel; I • In April 2004, a complaint from Ms Vicki Lester about tne treatment that she had received from Dr Patel; J • tn July 2004, complaints from staff about Dr Paterts involvement In the trfratnrent of Mr Desmond Bramlch; • In October 2004, a complaint from Ms Hoffman about- Dr PateFs- eH-i1tcal conduct in­ relation to a number of patients;

• On 2 November 2004J a comptatnt from Dr Jason Jenkins fn retation- 10- tha treatment of P52; --l------.-.------.~------.------I

I • In December 2004/January 2005, complaints from doctors and nurses at the Base about I a_ further oesophagectomy; • In January 2005, concerns raised by Dr Stephen Rashford and Ms Michelle Hunter about I the care provided to P28, j I (e) Dr Keating faIled to take appropriate action to investigate these complaints, particularly I having regard to their combined significance. -

I I (f) Notwithstanding Dr Keating's knowledge that Dr Patel had not been subject to the i Q(eQ_entialing and privileging process, and that he had been the subject of various j complaints, Dr Keating; • Offered to extend Dr Patel's contract from 1 April 2004 to 31 March 2005, from 1 April 2005 to 31 July 2005 and, at one point, from 1 April 2005 to 31 March 2009; • Repeatedly advised the Medical Board (when renewal of registration was being sought) that Dr Patel's performance at the Base was competent, or better.

(g) 6e'bNeen 29 October and 5 November 2004, the concerns raised by Ms Hoffman were given considerable support by Drs Berens, Risson and Strahan.

(h) From 5 November 2004, Dr Keating failed to give any, or any adequate, consideratron to revoking, or appropriately restricting, Dr Paters right to conduct surgery in the Base.

(i)- Until. early January 2005, Dr Keating repeatedly advised Mr Leek that Ms Hoffman's complaints were unjustified and largely personality driven when he shoufd have appreciated (particularly in the context of other complaints) that they raised genuine and concerning medical issues.

(j) On or about 5 January 2005, Dr Keating prepared a briefing note which acknowledged rlie veracity of many ofthe allegations made by staff at the Base about Dr Patel.

{k) By a letter dated 2 February 2005, and In the clrcumstances set out above, Dr Keating offered Dr Patel a temporary full time position of locum general surgeon for the period froiTI 1 April 2005 to 31 july 2005.

{{} When. in early February 2005, Dr Keating wrote to the Medical Board seeking renewal of Dr Patel's registration, he provided an assessment of Dr Patel's performance completed­ which was knoWingly false, failed to fnfonn the Medical Board of any of the matters set out in the briefing note of January 2005, and failed to inform the Medical BOBrd that a- clinical audit was being conducted by the Chief Health Offjcer into complaints about Dr Patel.

{m) On 1 February 2005, Dr Keating signed a Form 55 'application for sponsorship of visa' for Dr Patel and sent that form to the Department of tmmigratlon and Mwucu,!tural Affairs wherein he stated that Dr Patel was to be employed as Director of Surgery at the Hospital for a further four years, in clrcumstances where that informaUon was, to- Dr Keatfng'5 knowledge, false.

(n) On 14 February 2005, Dr Keating met with the Chief Health Officer and discussed Dr Pater with him but faneo to memkm any of the- advers8- matters. canvassed in the_ !:IDl;!fing_ note, or otherwise to volunteer concerns that had been raised about Dr Patel's performance. -~------_.. _.. _---._-, .._-- --_._-----~---,._ .._, "_. ------~ --- -~- - - - ...... ------_. . -~----.----.--.--.-_.- .I

APPENDIX 2

QUEENSLAND PUBLIC HOSPITALS COMMISSiON OF iNQUIRY

ADVERSE RNDINGS AGAINST MR LEeK

At page 195-196 I j MrLeck I 3.429 I find that: (a) Mr Leek failed to ensure between October and December 2002 that Dr Jayasekera was appointed to the position of Director of Sllrgery at the Base incffGumstance-s "vnere he had. applied for the position, he satisfied all the selection criteria, he was prepared to accept such

position and the only other candidate who s~tisfied those criteria had

I declined the position. ( I (b) Mr Leck permitted recruitment and registration of a medical practitioner as a Senior Medical Officer accountabl·e to the Director of Sumery· wne,'1- heKnew, or should havs. kno.wnr­ I t'1at immediately after the commencement of his employment it was intended to promote him I to the Director ofSurgery position. (-e) Mr Leek failed fo prevent Or Nydam from misrepresenting tn· the- Marlies! Board,de.taUs of the position Dr Patet would occupy and the level ofsupervision to which he would be I SUbject. (d) Mr Leck fafted to prevent Dr Nydam from- misrepresentIng to. the. Dep.artmanl QI Immigration in the Form 55 Sponsorship for Temporary Residence In Australia the extent to which the positton for Which Dr- PatM was sought had- heen adve.rtis.ed within Australia.

(e) Mr Leck falfed to prevent Dr Nydam misrepresenting to Que-ensJand Health that Dr Patel was suitable for registration under the area of need provision of 5135 of the Medical Practitioners Registration Act 2001-.

(f) Mr Leck farred to ensure, ift aeoordance v..ith- good practlce, and. Queen~l~:lid Health policy, that a credentials and clinical privileges committee existed at aU times at the Base, that the ganerar sUFfjeons at the Base {inclUding Dr Patel) were SlJoJect to consideration by the

committee between 2003 and 2005, and that such consideration occurred prlor to the commencement of the- surgeons' emplo.yment

(g) Due to the s-aicl faHuf"& the- formal q!JaEf!c~tlons~ traIning,..experience and clinical competence of Dr Patel, amongst others, was not assessed and the opportunity was lost for SUGh a committee- to- discover Dr Patel's. di&Qi.plinary history and take appropriate action. --,----_._------_._------_._--_._------._._-----

(h) From February 2004 Mr Leck became aware of numerous complaints about the clinical practices and procedures of Dr Patel and his behaviour, including the complaint contained in Ms Hoffman's letter of 22 October 2004, and the corroboration subsequentty given by Drs Berens~ Rission and strahan.

(I) Upon learning of complaints and concerns about Dr Patel's competence, Mr Leek failed to ensure that they were investigated properly.

mFurther, Mr Leek failed to suspend or appropriately restrlcf Dr Patel's right to practise surgery at the Base or to take steps to ensure that Dr Patel was immediately assessed by a cUnical privileges and credentials committee, when he shoutd have done so at least by 5 November 2004.

(k) On or about 23 March 2005, Mr Leek wrote a Jetter to the Bundaberg News Mail (EXhibit 473) which was deliberatety deceptive masserting that he had received no advic-e indicating that the allegations have been substantiated and that a range of systems was in place to monitor patient safety.

(1) Mr Leek fatted to consult wtth Dr Keating on a conUnuar basIs. as required by the latter's job description.

(m) Mr Leck failed to ensure that Dr Keating did not make inappropriate offers of emptoyment to Dr Patel or misreading statements to the Medica~ Board, as round above.

3.430 I recommend that

(a) The Crime and Misconduct Commrssron prosecute Mr-leckfoiclflelal misconduct in that he may have committed a disciplinary breach sufficient to warrant dismissal.

(b) Alternatively, or subsequently, that his conduct be referred to the Director-General of Queensland Health for discfpline under s.B7 oHMs Publir: BeNkeAct 1996, as ha may have performed his duties carelessly or incompetently, or been guilty of misconduct.

, I I I ------.-- ~ ------~--_._---_._------

APPENDIX 3

QUEENSLAND PUBLIC HOSPITALS COMMISSION OF INQUIRY

COMMENTS REGAROING MR LEeK (EXAM?LE~}

At page 4.

Complaints about Dr Patel and his avoidance ofscrutiny: Paragraphs 3.181 to 3.282

1.16 rn his 24 months at Bundaberg Base Hospital, staff or patients made over 20 comptaints about Dr Pater. Those compiaints commenced- Vv-1th a procooul'e he

performed siX weeks after he commenced at the Hospital and cor,unued until he

ceased working there. Aft of the patients'- complarnts were verIfied by the

examinations of the above specraltst surgeons. VV'hU5t- the c'Omplalnts veried in- their seriousness and the formatity with which theywere made, some- of them were extremely grave. Dr Keating and Mr Leek persisrentiy- ignored or downplayed the seriousness ofthese comptaints. Dr Keatfng, for-irtS-tanca-, was keen to describe them as 'personality confitets-'-. in some cases theIr- conduct was obstructive or antagonistic to complainants. On the whore theira-ctions- and inaction were unresponsive and discouraged complaint. Nevertheiess, despite the fact that Or Patel also, in a number of ways, avoided scrutiny of hrs conduct, complaints continued.

At pages 4 K6

The failure ofMrLeek and Dr Keating to properly investigate these complaints:

Paragraphs 3.306 to 3.359

1.18 Notwithstanding the isolation from scrutiny that Dr Patel was abJ~ to achieve, it may now seem astonishing that the number and seriousness of the complaints against him did not cause either Dr Keating or Mr Leek to institute some thorough ------~------_._------~~----~------~--;

independent investigation of his conduct, at the latest by the end of October

2004. But their failure in this respect becomes less surprising, although no less

reprehensible. when It Is seen how they saw their roJe of running the Hospital,

and where their priorities lay.

1.19111 the first place, both saw themselves as running a business of providing

hospital services. They were not solely at fault in this for that is how Queensland

Health officers also saw their role. Indeed. the terminology used was that

Queensland Health was 'purchasing medical services' from the hospitals and that

patients were 'consumers' of these services. The hospitat budget was fixed on an

historical basis, that is based on that of the previous year, with an additional I incentive payment based on elective surgery throughput. Up until quite recent I I I times it also provided for a small percentage reduction from the historically fixed I bUdget on the assumption that improved efficiencies would enable that to be I I achieved. In other words the budget was fixed as ifthe hospital was running a t I business of selling goods or services. Patient care and safety was not a relevant

factor.

1.20 There was a strong incentive to Mr Leek, and consequently to Dr Keating. to

maintain that budget. Mr Leck said that District Managers had been sacked for

exceeding budget. And because achievement ofthe elective surgery target was ! necessary to obtain maximum funding for the following year, there was

considerable pressure on both of them to achreve that target.

1.21 in this respect Dr Patel was a considerable asset. He was very industrious and,

tio doubt also partly because of his careless surgery, and lack of proper after

care, maintained a high throughput ofgeneral surgery. Without him, the hospital

would not have been able to achieve its elective surgery target Mr leek's and

Dr Keating's greater concern with maintaining theIr elective surgery target than -~------~------

with patient care or safety is reflected in a great deal of the evidence. ! 1.22 Secondly, Dr Keating and Mr Leck were also both more concerned with

I procedures than with sUbstance; what the purpose of those procedures were. j Nm,"'here is this better reflected than in Dr Keating's attempts. together with Dr

Hanelt at Hervey Bay Hospital, over more than a year. to obtain specialist college I representation on credentia!ing and priVIleging committees, whilst ignoring the urgent need to have Dr Patel and others properly credentialed and privileged.

Whilst seeking to achieve what he thought was the ideal system of credentialing

and privileging committees in What he mistakenly thought was the required

system, Dr Keating failed to reaUse the essential purpose of credentialing and

privileging; to assess the clinical skU! and competence of a doctor to perform tha

task for which he or she is to be employed, before commencing work.

1.23 And thirdly, the complaints system at the Hospital was grossly inadequate; and

I neither Dr Keating nor Mr Leck seemed to appreciate, or they chose to ignore, I the signfficance of the accumulation of complaints, some of them quite serious j about Dr Patel, which bunt up over the period of his working at Bundaberg Base

Hospital.. I1 i I 1.24 It was a gross dereliction of duty by each of Mr Leek and Dr Keating not to have I I investigated the complaints against Dr Patel, at the latest, by October 2004, when they met with Ms Toni Hoffman about her written complaint.

1.25 I make serious findings and recommendations in respect of conduct, including

conduct Which. on the evidence before me appears to constitute criminal j offences, against Dr Patel. These are at paragraphs 3.424 and 3.425. r------~-----~------1...

APPEWDIX4

IN THE MATTER OF THE COMMISSIONS OF INQUIRY ACT 1950 8UNDABERG HOSPITAL COMMISSION OF lNQUrRY COMMISSIONS OF INQUIRY (No.1) 2005 BRISBANE ..DATE 26/05/200

•.DAY 04 [Mr Peter Leck at page 362]

Now, Dr Patel's resignation took effect on the 31st of March

of this year?-- Yes.

And the following day you approved a payment to him in respect

of airfares to the United states and accommodation in

Brisbane?-- Well, I can't--··-

Js that right?-w I can't remember the actual process of approval.

Would you have a look at this document and tell me Vvnether

it's your signature on it. Is that signed by you?-- Yes.

Thank you. Hand that back. Now, this only took piace

six weeks ago; you're not going to suggest this has gone out

of your memory, are you?-- I recall Dr Kees Nydam--~

Are you going to suggest it's gone out of your memory?·- I

don't specifically recall slgnlng the document if that's what

you're asking, but--H

You're not suggesting the signature is a forgery?-- No.

So is it your evidence to this Inquiry that you might have

sIgned this document but it's gone completely out ofyour mind

in the last six weeks?-- I sign a number of thIngs every

day------~--- -1----· .------.------, - -.--- ..-----.------1

1 I I'm sure thatls right. Is it your evidence to this inquiry ) ! that having signed mis - at the time when this document \vas generated--?-- Yes.

-----Dr Patel was the sUbject of considerable controversy,

wasn't he?-- Yes.

He had been named in the state parHament?-- Weil, there was

certainly pUblicity around him.

Yes. Dr Molloy had gonaoo televisl0n and spoken about him.

He was a very controversial man at the time, wasn't he?--

There - there was publicity.

And yet you're telling us that you can't remember signing off

on a form to approve over $3,500 worth of air travel for him

on the 1st of April?-I don't remember specifically signing

it, no.

i see, Do you recall that the travel arrangements came

through a prIvate firm caUed Jetset Sunstate Bundaberg?-- I

don't know - I don't recall the details ofwhat - of what this

is. As I said, I sign a number of things every day. This, to

me, wasn't of special significance.

WeH, it may be to the people of Queensland, so j'm going to

ask you about it. Can you confirm that the usual arrangement

'Within Queensland Health is that international travel is

approved _rm sorry, is arranged through Queensland Health ! I Corporate Travel rather than through privata travel I agencies?-- That would be the case for study leave but ! r not - not for contracts in my experience. I I -i,1 ------~------_ --______1 j I

r

All right. Who checked Dr Patel's contract. to ascertain that I he was entitled to this three and a haff thousand dollars?-- I don't know. I didn't

You didn't. Well, you'Ve signed the document as a "Certificate of Authorised I Expenditure", "Approving Officer. I I , certify (1) that the charge IS one which was necessarily -f required in the provision of an approved departmental I service and is cost justified; (2) that the itinerary was approved by the appropriate senior officer; (3) funds are

available and voucher is approved." Do you realise that you

certified those things to the Department of Health?- I

authorised the expenditure, yep.

And you certified those things as be1ng true to the Department

of Health?- Look---

Do you wish to Jook at your signature again?-- No. ! Well, will you agree With me that that's what you certified as being true?-- You're asking me about the specifics of signing

that document and-----

No, no. have a look at the dooument?-- Yep,

Just have a look at the v\,'ords immediately above your

signature. That's what you certified to Queensland Health,

isn't it?-- Yes.

Thank you. Do you agree with me that the usual arrangement in

Queensland Health is that travel arrangements are done through I corporate travel rather than through private travel agents?-

If Not for -I mean, for study leave, but not for contracts in my I I -j------~- I experience.

So you would disagree wltfl the following statement: "Travel

arrangeinents were not through a private provider Jetset

j Sunstate Bundaberg and not through Queensland Health Corporate I I

Travel f which is not in accordance with Queensland Health

policy." You'd dispute that statement, would you?- No, but

i-I am not - I don't recall the details of specific policy

and it didn't occur to me in relation to that. i! I What steps were taken by you or under your Instructions to I satisfy yourself that Dr Patel was entitled to this travel back to the United States?-- The AcUng Director ofMedical

Services at the time Kees Nydam suggested that It was

appropriate in his view. My recollection was that travel to

point of destination was not unusuaf---~

Sorry, "vvas-----?-~ -p--and point of retum-----

Was Kess Nydam at Bundaberg on the 1st ofApril of this

year?-- He was Acting Director of Med[cal Services around

that time. I I On the 1st of April this year when this was approved?- I I I- he came and saw me, so I think - I believe he was. but r I ~ can't remember specifically.

I see. Now, did you look at the contract to see whether

Dr Pate! was entitled to this payment?-- No, I didn't look at

the contract. All right. Well, how did you satisfy yourseif that Dr Patel

was entitled to it?-- Because my recollection and experience

in previous positions was - is that that was what was normal. ------1--:'------==------._-_... _... _------~ ------~

I

Obviously in hindsight it's not something that! would have

chosen to do now but at the time, 1didn't see it as

significant

Despite the fact that tJ'1ere -was all this controversy going on,

the man was being caUed "Dr Death" in the media. You just

dkln't think it was Important to make sure you got it right?·-

As 1said, in hindsight it - you know, i wished thad expiored

it more but to me it vvas just r-outine and what normally j happened.

One infers and obviously this may be a matter for further Ii eVidence, but one infers that the Minister for Health and the I Premier and the Director-General were ofthe understanding I until about Thursday of last week that Dr Patel had not had I his airfare paid because it was only on Thursday of last week that they discovered for the first time that this payment had

been made. Did you ever tell any of your superiors when this I matter first hit the press that you'd signed off on a cheque doilars?·~ for over three and a half thousand NO j it didn't

bear any special significance to me.

You were quite comfortable for the Premier and the Minister

Tor Health and the Director to state in good faith facts that

you knew to be wrong?-- Wef!, I-I haven't actually been

reading papers or watching the media so j'm not actually

sure - sure what's been said, out! dIdn't recall this either.

I didn't know because itjust didnit - it dIdn't hold any

special significance. To me, it was normal. It was rouUne. I The inquiry's received information or inteliigence from other

services that suggests to us that it is usually quite a long

and slow process for a medical officer to have international

travel approved, that it can take anything up to three months.

Am you able to confirm that that's the case? ~ As I

indicated earlier, I would think they're talking about study

ieave,

Well, w11atever they're talking about, is it usually the case

that it takes about three months for a medical offY'...er to have I his or her international travei approved?-- It's not normally the 'case in my experience. Itis for study leave but not for j other things. And for study leave, how long does it take?~~ Anything from a ! few weeks to a few months. I Why on this occasion then was the application made, so far as we can see, on the 31st oT March and approved by you within

24 hours?~- Beoause, as I said, In my experience for

contracts, thaes a routine thing- It's not something that 1

I considered to be significant. I I i r I 2. Leek, Keating and others abuse their office?

92 Abuse ofoffice

(1) Any person who, being employed in the pubUc service, does or d~rects to be done, in abuse ofthe authority ofthe person's office, any arbitrary act prejudicial to the tights of another is guilty of a misdemeanour, and is liable to imprisonment fOi 2 years.

(2) If the act is done ordirected to be done for purposes of gain, the person is liable to imprisonment for 3 years.

3~ Leck aHegediy provided the Immigration Dept with false In.orma. f.'...on regard¥Jng Pt'a eJ

94 False certmcates by public officers

Any person who, being authorised or required by law to give

any certificate lOUching any matter by virtue whereof the

rights of any person may be prejudiciaiiy affected, gives a

certificate which is, to the person's knowledge, faise jn any

material particular is guilty of a misdemeanour, and is liable

to imprisonment for 3 years.

193 false verified statements

(1) A person who makes a verified statement that the parson 'I ------~------

I

APPENOIX5

BREACHES OF THE QUEENSLAND CRIMINAL CODe BY DR DARREN KEATING. MR PETER LEeK AND OTHERS

1. Misconduct by Leek, Keating and others?

92A Misconduct in relation to public office

(1) A public officer who, with intent to dishonestly gain a benefit

for the officer or another person or to dishonestly cause a

detriment to another person-

(a) deals with information gained because of office; or

(b) performs or faUs to perform a function of office; or

(c) without limiting paragraphs (a) and (b)t does an act or

makes an omission in abuse afthe authority of office;

is guilty of a crime.

Maximum pena!ty-7 years imprisonment.

(2) A person who ceases to be a public officer in a parUcular

capacity is guilty of a crime jft with intent to dishonestly gain

a benefit for the person or another person or to dishonestly

cause a detrIment to another person, the person deals with

information gained because of the capacity.

Maximum pena!ty-7 years imprisonment. t

Maxlmum penalty-7 years imprisonment.

194 False de<;larations

(1) A person who makes a declaration that the person knows is

false in a material part!culart whether or not the person is permitted or required by lav;' to make the declaration, before a person authorised by law to take or receive declarations, commits a misdemeanour.

Maximum penalty-3 years imprisonment.

4. Leck and Keating failed to perform their duties

200 Refusal by pubfic officer to perform duty

Any person who, being employed in the pUblic service, or as an officer of any court or 1Jibunal, perversely and 'vYuhout lawful excuse omits or refuses to do any act which it is his or her duty to do by virtue of his or her empioyment is guilty of a misdemeanour, and is liable to imprisonment for 2 years, and to be fined at the discretion of the court. ! -

5. Lack and Keating consoired \-vith Patel to commit mansfauahter and GBH.· -

541 Conspiracy to commit crime

(1) Any person who conspires with another to commit any crime,

or to do any act In any part of the worid which if done in

Queensland would be a crime, and which is an offence under

the laws In fOiGe in the place where it fs proposed to be done,

~!-. ~ IS, gWII"y'I-;. 0 f'a cnme, anaI'IS ~la,ef/" bl ifno Ot! tef pumSllmenl.• I.. is•

provided, to imprisonment for 7 years; Of, if the greatest

punishment to whic.+-t a person con'v1cted of the crime in

question is Hable is less than imprisonment for 7 years, then to

such iess8f punishment

(2) A prosecution for an offence defined in this section shall not

be instituted without the consent of the Attorney-General. -1------­ ------~------I Burnett Electorate Office From: Burnett Electorate Office Sent: Monday, 4 October 201010:55 AM To: '[email protected]' Cc~ Minister for Police, Corrective Services and Emergency SSiYices SUbJect: Complaint - m.atters in relation to Dr Gerald Joseph Fitzgerald

Importance: i-fjgh

Attachments: 20101001100213599.pdf m 201Ql00110021369 9..p6f(l ME)

Member for Burnett Rob Messenger wishes mformally subrnlt a complaint to the Pollce Commissioner regarding Dr Gerald Joseph Fitzgerald. The detail:;; are attached to this email.

Please accepf this email and the attached correspondence as Mr Messenger's formal complaint 8ubmmsion.

Thank you for your assistance in this maHer.

Kind Regards,

Rob Messenger MP Memher for BlmNl·:Tr iif(07) -t1.'i9 19RB Fx:(07} 1j.159 2G9ti Wl-,w.rohmcSSClll,.....·r.rom

1 ------~~-----_._---_._------~------_._------_._-

MATTERS IN RELATION TO DR GERALD JOSEPH FITZGERALD.

'7he political considerations in Brisbane seem to have taken priority over the clinical interests of patients at Bundaberg". QUl!!em~!and Public Hospitals Commission ofInquiry (page 166)

INTRODUCTION Rob Messmger MP MEMBER FOR. BURNETT 1. My name is Robert Messenger and j am the Member of Parliament for the

State electorate of Burnett

2. The Queensland Public Hospitals Commission of inquiry (30th November

2005) {copy enclosed) made a number of adverse findings agamst Or

FitzGerald and others In relation to the negligent condUct of Dr Jayant

Patel who practiced at ti1e Bundabsrg Sase Hospital.

3. At all material times Or Patel was employed at the Bundaberg Base

Hospital

4. At all material times Dr FitzGera!d was the Chief Health Officer for

Queensland Health.

5. As stated in my earHer complaint, at all materia! times Dr Darren Keating

Shop 7 Btltgt!ra Beach PJaI;# was the Director of Medical ServiCes, Queensland Health, at the 15-19SeeS!J'eet (PO Box 8371) BundaD-erg Base Hospital. .BOFgllTU Qld4670 6, On 29111 June 2010 Dr Patel was found gUilty of three counts of FTeecall No: IlIOn$19545 Office pllont: (fJ7) 41591988 Offlcefll.'c (07) 41592696 manslaughter for killing three of his paUents: MODile: (}.f079fJ4134 o 75-year-old Menl)'n Mords; EmflU" bumetKi!marlltmU!11t.{fld.gev.flll • 77-year-old Gerardus Kemps; and lI'JIIJI1.roh11lessenger.eom .. 46-year=otd james Phillips

and the grievous bodily harm of a fourth patient 63-year-old Ian Vowles.

1 1 I I 7. Dr Patel was sentenced to seven years imprisonment on 1st July 2010.

8. The Inquiry made adverse findings agai~st Dr FitzGerald 1. The

I n~gjjgent Commission also stated that Dr FitzGera!d had be-en see

I page 499 paragraph 6.641. I SECTION 92 OF THE QUEENSLAND CRUllUNAL CODe I I 9. The Commission at page 163 paragraph 3.378 sets out a report by Dr

FitzGerald dated 24111 March 2005 was provIded to the Director-General.

The Commission of Inquiry expressed concerns regarding the I evasiveness and obvious omissions of Dr FitzGerald's report and that

Dr FitzGerald failed to refer Dr Patel by name In his report but

preferring to refer to Dr Patel as "The Dliector of Surgery". For example

he faiied to comment on what the Commission descrlbed as "startling

statistics" (see page 163, paragraph 3.379) in the Commission's report.

10. I therefore submit that Dr FirzGeraid is in breach of section 92 of The

CrimInal Code in that he abused his position of Chief Medical Officer by

arbitrariiy faiifng to include comments regarding the "startUng statlsticsH

that would have alerted the Director~General to the extraordinarily high

incidents of clinical problems at the Bundaberg Hospital - one problem

betng 2B times the national average. Dr FitzGerald's failure to do so

prejudiced the rights of patients who fell victim to the ongoing negrIgent I treatment by Dr Patel from the 24mof March 2005 onward due to delays I caused by Dr FitzGerald evasive report. I i

1 See APPENDLX l

I 2 j f

11. I further submit that it Is a reasonable belief that Dr FitzGerald I deiiberately withheld vital information to cover up the deaths and I injuries occUlting at the Bundaberg Hospital due to Dr Patel's negllgence.

12. further, when asked by the Commission why he had not mentioned I that there- was a pr1ma facie case against Dr Patel that he was I incompetently pertormlng routine surgery. Dr FitzGerald replied that "he 1 -could not answer that question". This is a further example of Dr 1 FitzGerald's abusing his authority to arbitrarily omit any reference to Dr

Patel in his report and that his failure prejudiced the rights of Dr Patel's I patients in that they died and suffered as a direct result of Dr FitzGerald's abuse of his position as Chief Medical Officer. His report

does not reflect the truth known to him and others.

13. At page 64 paragraph 3.3BO the Commission finds that where Dr

FitzGerald's report refers to "the Director of Surgery" (ie Dr Patel), "they

are almost all positive". I submit that Dr FitzGerald has breached

section 92 of The Criminal Code as he abused his authoiity by

arbitrarlly acting to prejudice the rights ofthe Dr Patel's patients through

the pubHcatfon of a misleading report aimed at covering up Dr Patel's

14. The Commission then went on to make a number of negative

observations regardlng Dr FitzGerald behaviour as Chief Medical

Officer. , submit that these are all a breach of section 92 as each is an i abuse of authority by Dr FitzGerald who acted in an arbitrary way to ! i affect the rights of another; in this case the Patient's of Dr Patel.

1 15. Dr FitzGerald's report was severely criticised by the CommissIon for Its l omission, bias and misieadlng content - all aimed at what j believe to

be a cover up that affected the victims of Dr Patel.

3 I 1 ! j, I Examples of a breach of section 92 indude;

8. Queensland Health had failed to ascertain Dr Patel's

credentials despite Dr FitzGerald knowing at the tfme of his

report but he failed to include this in his report.

b. There was no attempt by Dr FitzGerald to address the very

serious affegations by doctors and nurses at the Bundaberg

Hospital. Further, he failed to make any comment on addressir~

how these aUegations might be addressed.

c. None of Dr RtzGeretd's recommendations inctudG-d Dr

Pate! ceasing operating or that his contract should not be

renewG-d.

The cover up by Dr FitzGerald in his report is underlined by his

sUbsequent memorandum to the Director-General that is described at

page 165 paragraph 3.386 by the Commission as "dramatically

different" to his earlier report.

15. The Commission's fjndings also indicate that Dr FitzGerald had abused

his authority and acted prejudicially to the rights of Dr Patei's patients

for politIcal reasons. See the CommissionIS comments at page 166

paragraph 3.387 that "lhe poHticai considerations in Brisbane seem to

have taken priority over the clinical interests of patients at Bundaberg".

This comment clearly supports the vIew that Dr FitzGerald is in breach

of section 92.

17, At page 510 paragraph 6.690 of the Commission's report, Dr FitzGeraid

is quoted as agreeing that his own report lipresented a faise picture

regarding Dr Patel to arty reader of the report." Here is a clear

admissIon by Dr FitzGerald that his report was misleading as he

4 1

deliberately avoided any negative comments. I submit that this

admjssion is further evidence that Dr FltzGerald deliberately abused his

authority in an arbitrary act by authoring a misleading report and in

doing so prejudiced the rights of the Dr Patel's patients.

18. There are other findIngs in the Commission's report that set out many

examples of Dr FitzGerald breaching section 92 by h~s abuse of his

authority as Chief Health Officer and in doing so acted arbitrarily

causing prejudice to the rights of Dr Patel's patients.

19. Accordingly t request that the Queensland Pollee Service investigate Dr

FitzGerald for multiple breaches section 92.

SECTIONS 92.A, ZOO AND OTHER SECTIONS OF THE CRIMINAL CODE

20. This and my previous complaInts to the Queensland PoUce Service

have been restricted to the behaviour of pubiic service employees

associated with the Bundaberg Hospitai. Hcrwever based upon the

enUre findings of the Commission's ,aport there are many instances of

breaches of sections 92, 92A, 200 (and other sections) by many other

public service employees throughout Queensland Health and other

Queensland Government agencies. These include Hervey Bay

Hospital. Townsville Hospita!, Rockhampton. Prince Chartes Hospital

and the then Queensland Medical Board.

21. I therefore request that the Queensland Police Service investigal-e all of

the then public service employees identified in the Commission's report

and who abused thefr positions and authority and thereby breaching

several sections of the Criminal Code.

Robert Messenger MP Member for Burnett

5 1

APPEND1X1

QUI=ENSLAND PUBLIC HOSP!TALS COMMISSION OF !NQUIRY

ADVERSE FINDiNGS AGA1NST OR FITZGERALD AND OTHERS

At page 266:

Findings against Queensland Health and Drs Buckland, Scott and FitzGerald

4.2481 find that

(a) Dr Buckland and Queensland Health delayed unreasonably in dispeHing {}~mcerns that Drs North and GibBn; and the AlJstrallan Orthopaedic Association, were not indemnified from liability in respect of and ofanything arising from the publication of the North Giblin report;

(0) Drs BI....cl

(c) Drs Buckland and FitzGerald and Queensland Health acted unreasonabiy in seeking to suppress the report.

! say more about these people in Chapter Six.

6 5 October 2010

Mr Tony Negus Commissioner Roh lJ£essenger MP Mf£AfBERFORBU1?NE1T Australian Federal Police GPO Box 401 Canberra ACT 2601

Dear Commissioner

I am the State Member of Pariiament fur the Queensland electorate of Burnett.

I forwarded a letter to you dated 26 July 2010 regarding the Queensland Govenutient's Public Hospitals Commission of Inquiry in 2005 &lId complaints against Dr Patel at the Bundaberg Base HospitaL Shop 7 Bargara Beach Plaza 15~1~ SeeStreel I have received fiO response from your office and would therefore be (PO .Bex 8371) grateful for your urgent reply to my reque-st in relation to Dr Da.."'Ten Bargara Qld 467{) Keating. Freec(lll No: 180U 819545 I look forward to your response. Officep!iOlUl~ (fJ7)41S91988 Yours faithfully

0Lfluffh'G (07) 41592696

Mobile: 0407904134 ~y1eggenger Enufil.· Robert MP hllmett!iiJlmrliume1tJ.nltl.ggv.au Memher for Burnett lI'19w.rDbnressellgeJ:.com QUEENSLAND POLlCE SERVICE

COMMISSIONER'S OFRCE 200 !'IOMA STREET BRISBANE OLD 4000 AUSTRALIA GPO BOX 1440 BRISBANE OLD 4001 AUSTRALIA

TELEPHONE: Or :.s364 6468 FACSIMILE: 0733644650

6 October; 2010

l\4:r Rob 11essenger :MP Member for Bu-l1.1.ett .PO Box: 8371 Bargara Qld 4670

DearMr Messenger

I acknowledge receipt of your correspondence received by email on 4th October, 2010,

The letter is being considered and we will advise the Queensla..n.d Police Serviceposition inrelation to itin due C(ll,rrse.

Yours sincerely I I

Ii I I I

I

I I

,I 13 October 2010

Mr Tony Negus Comnlissioner Australian Federal Police GPO Box. 401 CANBERRA ACT 2601

Dear MrNegus

ReD Messeltger MP I am writing to you again regarding the :police complaints that I have sent on MEMBERFOR BUlt1olE1T to your which relate Dr Darren Keating, Mr Peter Leek and Dr Nydam> req11esting you to investigate their role in the Patel saga

I wish to enquire as to the report/complaint numbers assigned to all these c-Omplaint submissions.

As it has now b~en over two months since I first wrote to you~ I eagerly await you respQnse~

Yours faithfully () ~~ Shop 7 Rob Messenger MP Bargora Beach Plaza Membe~ 15-19 See Street for Burnett (PO Box 83i1) lJarg«m Qid4670

FreecallNo; 1800819545

\ Officeplume: ! ((}7) 41591988

Q;r:~ef€f·:,(: (OJ) 41592696 I I I Mobile: 0407904 134 I Email: I' bUI'1I6rnliknarlimr:mt.alrT.m',mt

Mvw.robmeJ5enger.com

I- 1------

! ( I I 1 ,i i QUEENSLAND POLICE SERVICE

COMMiSSIONER'S OFFICE I 200Rm/tASTREET BRISBANE OLD 4000 AUSTRAUA GPO BOX 1440 BRlSBANE OLD 4001 AUSrRAUA

) TELEPHONE: 073364 6488 FACSJMILE: 073364 4650

~ OurR;;f: DOClO((,3000 i •

I October 14,2010

1 j Mr Rob Messenger MP , '" - _. ' .. - -~-~. - ,. - .. ~ ... I Memberfor Burnett, P.O. Box 8371 Bargara OLD 4670

I Dear Mr Messenger, 1

RE: Your correspondence regarding Dr Gerald Fitzgerald

I I acknowledge receipt of your email to the QPS dated 13 October 2010,

I As advised in Commissioner Atkinson's letter to you dated 6 October 2010, the matter is currently under consideration. I have asked the Ethical Standards Command (ESC) of the Queensland PoHce Se!Vice (QPS) to provide me wtth advice in respect to the matters raised in your initial corresponr~

I will advi e yrru of1\1e outcome of those considerations as soon as practical. \ Yours 5i cetely \ (~/!~ ~'kl , ISTE;~R \ ACTING CO SSjONEk I l

1 I -r------I I I iii AFP AUSTRALIAN FEDERAl POLICE CDMMISSiUNER

GPO Box 401, Canberra ACT 2601 Australia Telephone +6126131 5600 Facsimile +812 8132 6600 (\:' :; ;

~}! '~.~ ~.-" =.~.- .•.... ,.~ ..:-:>-""-~ .•-".•. ,. "'. ,. l1 October 2010

Mr Robert Messenger MP fviember for Burnett Queensland Parliament PO Box 8371 Bargara Qld 4670

I refer to your correspondence to the Australian Federal Police (.l\FP) dated 26 July 2010 and 10 August 2010 regarding the conduct of Doctors Keating and Nydam. I apologise for the delay in responding.

New referrals received by the AfP are presented before an Operations Committee for assessment. This assessment is to ensure that our limited resources are directed to matters of the highest priority. In makIng this decision the Operations Committee takes into account a number of factors including: the nature of the al1eged crime; the graVity/sensitivity of the matter; the effect of the criminality involved; the prosecution policy of the Commonwealth; and whether the AFP is the most appropriate Commonwealth agency to conduct the investigation.

The allegations regarding both Doctor Nydam and Doctor Keating were considered for investigation by the AfP on 19 January 2006 and 14 February 2006, respectively. At this time, the AfP determined the Department of Immigration and Multicultural Affairs (DnItA), now the Department of Immigration and Citizenship (DIAC) was the most appropriate agency to deal with these matters and they were referred to that agency for consideration.

I j

Il--~ ------I Dlfv1A subsequentiy advised the AFP they would not investIgate the affegations as charges against the Migration Act 1958 were unlikely to succeed. AccordingJYI the AFP reconsidered the matters and consulted ..with Commonwealth DPP who advIsed that there was no reasonable p,ospect of conviction under the Criminal Code Act 1995. On 5 June 2006 the AFP rejected the matters for any further investigation.

I trust this'information is of assistance and thank you for taking the time to write in relation to Y0l:lf concerns.

Yours SIOl\,ely

, ;' (\ 1'1 '\ L i> ·0JZ-r) '---h ~ I V T.Vv\ Negus AP!;ii" com~t II

Que@nsland Government Hon Cameron Okk MP Member for Greenslopes

In reply please Quole: 532141/1: J/10105266 Atlumqr-Genem{ and Minister for lndustriatReLations

E~ ...(: _ ...... • r -- v ... 2 7 OCT 2n~O

Mr Rob Messenger MP Member for Burnett PO Box 8371 BARGARA OLD 4670 DearMr~ger Lol) Thank you for your letter dated 16 August 2010 regarding the Queensland Government's decision to not purse criminal charges agarnst Dr Darren Keating to date. I apologise for the delay in responding.

As Attorney-General, J play no role in the investigation ofoffences and charging with respect to offences. The discretion to investigate or charge faUs under the responsibility of t~e Queensland Police Service (QPS).

As the QPS faUs under the administrative responsibility of the Honourable

Neil Roberts MP1 Minister for Ponce, CorrectIve Servic..es and Ernergency Services, I have referred a copy ofyour fetter to Minister Roberts for his consideration. i Yours sincerely l~V\

Han Cameron Dick MP Attorney-General and Minister for Industrial Relations

le¥el tS St

{}filce tlftlle MInisterfor Police, -cOf(~tlw! Swvke:. I and Emergency Servlces Rat: 5757 P3 EC BY·'" --. .. - .... , ...... -...... - ... \I1!"l~ L ....

- BNOV 2010

1''111 Rob Messeng-er MP Member for Burnett PO Box 8371 BARGARA QLD 4870

Dear Mr Messenger

Thank you ror your tetter of 16 August to the Honourable Cameron Dtck MP. ! Attorney-General and Minister for Industrial Relations. concerning the possibility of I criminal charges against Dr Darren Keating. i A copy of your correspondence has been forwarded to the Honourable Neil Roberts I MP, Minister for Police, Corrective Services and Emergency Services (received I 28 October 2010) for direct reply in relation to the policing ~S$ues raised. Jhave been requested to reply to you on behalf of Minister Roberts, i This matter is receiving attention and you wm be advised further as soon as possible. J j YOtirs sincerely j

Krystle Kiss Policy AdvIsor Office of the MinIster for Police. Corrective Services and Emergency Services

l..ffe124 Slate taw BuiMlng 50 All!! Street Brts.~!le '\000 PO Box 15195 CIty East Queensland 4002 Australia T@lephone+6:1 132396199 . --fih~Jte.+611- 3tti:S-~-85 Enlal{ paUce@ministeIiaLqld.!l(lV.a\l ABN 65959415158 ·' Queensland· Government «on NeilRobs....ts MP l\'lember for Nudgee ~r2 GG<:C 2010 MlmslEr1'or Folice. Ci3rrecttva Sar-vk-1lS Ref: 5757 P3 ~4M Bnd Emflrgency Services

13 DEC 2010

Mr Rob MessengerMP Member for Burnett PO Box 8371 BARGARA QlD 4670~/,?

Dear Mr fir ~enger /k.rV

Thank you for your letter of 16 August 2010 to the Honourable Cameron Dick MP, Attorney­ General and Minister for Industrial Relations, concerning the decision to not pursue crIminal charges against Dr Darren Keating. A copy ofyour correspondencewas forwarded to me {received 28 October 2010) for direct reply. I apologise fOfthe delay in this response.

I referred this matter to the Queensland Pollee Service which advises all issues relating to Dr I Keating have been thoroughly investigated by the Police Service and the Crime and I i Misconduct Commission. Legal opinion previously sought with regard to criminal 1 proceedings agaInst Dr Keating Indicated a sucee.ssful prosecution was unlikely. Further advice was provided by the Office of the Director of Public Prosecutions to the effect the Director's guidelines for prosecution did not support prosecution action. I I Dt.irtng the trlal of Dr Jayant Patel no further evidence was adduced to change tl,1e status of the investigation against Dr Keating. -/I lnfcrmation aboui these matters was presented to the Bundaberg Patient Supp-on GfOt.tp in o.ctober 2007, I understand correspondence was provided direct to you by Police C.ommis~ioner Sob Atkinson outllning this informaUon in December 2007, - "" .. I As Minister for Police, f have no authority to intervene in any police investigation or decision, I inciuding in respect of any decision to take prosecution action against any person. ! trust this Information is\of assistan~e. I YO.urs sincerely I

Neil Robe....ts MP .Minister fot Pol!ce, Correctr.-!G Serv-ices and Emergency Services J..evel2l; Sl"..ale l.aw ~..tl!dlng 50 Ann Street Brisbane 4000 PO Box 15195 CIty East ~ensiaml #)02 Au""..tra ~iephq,"* +~1 i 3239 01" i . "iii::.."'Yi!!ki+6i7~..22i9:§85--­ i--- I Email [email protected] ASH 65 959 415 158 Queensland Government Hon Neif Roberts MP Member for Nuagee ------._...._.." ....._-.._- Ministerfor P9lic51 Corrective Services and EmergencyServices Ref: 5757 P2 GM

1 4 DEC lOiO

Mr Rob Messenger MP Member for Burnett PO Box 8371 BARGARA QLD 4670 nr Me.ss€riiJ ~. Dear ~. nger Y v

Thank you for your email of 4 October 2010 forwarding to me a copy of a complaint you have made to the Queensland Police Service regarding Dr Gerald Joseph Fitzgerald. I apologise for the delay in this response. I referred this matter to the Queensland Ponce Service which advises your complaint has been reGeived and is being assessed and you win be notified of the outcome in duecoursB. As you know, as Minister for Police I have no authority to intervene in any police investigation or decisionf including in respect of any decision TO take or not take prosecution action against any person. rtrust this informatlon is of assistance. Yours sincerely

Neil Roberts MP Minister for Police, Corrective Services and Emergency Services

Level24 Stilte lilW Building 5D Ann Street Brisbane 40{)(J PO Sox 15195 City East QlleerrstanG 4002 Australia fE!!epnone +6~ ., 3~39 0199 Fa.cslmlhH-61 ; 3221 9985 [email protected] _ .!.Bfi ns 9~ 41)lS$ , I

I Greg Hunter DJnttu:ts: 0429 628 942

Home: Morayfield, Caboo1tllre Ph: 5495 5399.

He did the investigation... he accidently sent me seven statements of other people who r d mentioned in my complaint. Accidently sent me their statement. He didn't look at any ofthe files that I mentioned in my complaint. I Y>.fiOW he didn't look at my files because I 1"..ad them in my possession the whole time. I queried him and I said you haven't even looked at the files, and he said yes I have, and 1said well you haven't because I have them and you haven't j got them offme. He said he couldn't talk. to me anymore, and basically hung up on me.. it's just an absolute whitewash...a joke. I went to erne with obviously serious concerns. The 1 CMC give it back to the BSA. BSA put aU their ducks in a row and then get somebody else to come in and have a look at it. It'sjust ridiculous.

Rob: I 'went through the same pattern of behaviour when 'we referred the BSA...they knew about coral coast homes being dodgy about 12~18 months beforehand and the;y did nothing to warn the punters and lots Df people lost their lifesavings to these dodgy operators.

Look> for sure. I'll tell you two instances now. One was part ofmy complaint to the CMC thafs just been passed over. \Ve had a bloke here who had a renovator's licence who was doing building jobs - absolutely atrocious no whatsoever. We took his licence off rum. He was doing \vorks in Anna Bligh's office. We took his licence off him. When you take a Hcense offa licensee, the only way they get their license back is ifthey appeal to QCAT~ or to the Tribunal. He never appealed to the tribunal - took no action. 28 days after we took his licence back, Ian Jennings gave him a builder low rise licence. Ian Jennings directed that he be given that licence. We've taken it back offhim again because he is so bad because he was forging our insurance celtificates to his clients...so he got one insurance certificate and he scanned it into his computer and then just ,...didn't change the numbers, just changed the J amounts and the clients names and was giving it to his clients. The only reason he got his licence back was because of a phone cail from the Premier's office. We have it 011 file, a I letter on file from him apologising to the BSA for his daughter intervening tht'ough the I Premier's office... He got his licence back. It'sjust totally unlawful. I I have another matter now, I don't know how much you know about the BSA. but if you're the director ofa company and that company goes into liquidation. Ifyou are a director ofthat I c-ompany within 12 months or'it going into liquidation you are put under investigation and if I it's found that you knew the company was going into liquidation you become what's called I an excluded individual, you can't have a licence. John Gaffield (71) is the chairman ofthe BBA•. When Gaffiehrs company went into liquidation, Gaffield resigned last year. BSA became aware of this in February this year. BSA were directed fi'om Ian Jennings down the i line to take no action and to do nothing. I looked at it this morning and still nothing's been done. I can't go back to the CMC because they're usdess. I'd love to sit down 'with someone. I've got a truck load of stuff and I've had enough. rye got to work with these people everyday a..'1d they are just damn crooks.

I------­ I So have you claimed whistlebiower status?

I have been given -whistIeblower status fi'om my last complaint.

And hillY are you finding it at work because obviously you are gGing to be under pre~~re.

Nobody cares what I do~ nobody asked me what I do. I'm just like the invisible man. I'm a field inspector so I basically VlOrk from home, I only go into the office once a month say and that's only to plug my computer in so I can .continue with my virtual private network. I have to plug it in once a month from the office. I basically never go in there. It's just madness, what we are doing is madness and nobody seems to give a rats or 'wants to do anything.

If you want, I can sit down with you if you've got the evidencet if you've got the paperwork, and want to make a statement, I can table tbat in parliament under privilege and you know what that will do and then once again demand that the CMC investigate properly.

Look the CMC have got no investigators worth two-bob.

Yeah but that's the only process I can go through. IfI table it in padiamentt then I have p.roperly~ to back that up and say okt now let's gil and if the CMC dontt investigate then we get into the CMC.

My only problem V\

Well put it this waYt no one can stop you from talking to the Member of Parliament. Everything that happens between me and you is covered under parliamentary privilege. Anyone that tries to get any documentation that I receive from you is under contempt of parliament. OJ(, the purpose being that you are aware of fraudulent and corrupt activities and you want to expose it,. I cant see how I mean with health records for

examplct I've tabled peoples health records, rou just de-identify them h} project their privacy.

The reason that 1 decided to ring, I read the paper like you wouldn't believe, but you like i sticking one into the BSA occasionally and Mr. Schwarten, who I'd love to see come I tumbling do'W11. I I I I---_._.--.._.~ ..-- _.._.-.. -_..__ _------. ~ ~ ~, I I I ! i !, ¥/elll've had lots of people talk to me, genuine victims. The thing that's different ·with you is that I've never had someone from within the BSA talking to me and telling me about aneg~d fraudulent and corrupt activities.

I can sit down with you for a week and teU you about different things.. like) Ian Jermings iSJ."1't a bad bloke but hes just a Labor party animal I suppose you could say. But I mean as I say I can sit down and tell you stufflike... they will decide on a whim who gets an insurance cover and who doesn't. And Ian Jennings will go to some places and say oh yeah we'U do this, this and this and its not even part of their insurance claim and he'U up the anty for some peopie and go against others. Part of my last complaint just before the ejection there was obviously a national party I supporter who was borderline as to his activities with BSA and I got a call two days before I -! the election to go and hit a place and I rang back when r got there and I said. what do you want me to do and the instructions I received were wait until Monday we need to see who wins the election before we decide what action we are going to take.. the election was on Saturday" That was on a Friday. I've detailed all of this stuff to the CMC and Ws just like...you may as well".

I'll be really honest with you. I had a big shit fight with them. ! went on sick leave and I was on sick leave for a month and they knocked my WOl'kcovel' back and Workover didn'tpay I­ me for a month. and Obviously BSA did,."l't pay me for a month. That was in March, 2009. I hate them for the last 18 months fu'ld I'm just sitting there listening to all these things that I they are doing. I'm at the stage now where r find it really difficult to get in my car and work f, at alL I'll be really honest with you; they might come back and say to you. this is a lazy bastard that's done nothing. I've got my figures fo1' the last five yeats that I've v,rurk:ed with BSA. And I've worked my ringer for them but for the last 1& months ill be really honest, I Pve done absolutely just abollt nothing. I ) I'mjust cold about it now. rve lost the emotion. I'mjust damn cold.

Can you start IU'epa-ring a briefthat would be suitable to be tabled in Parliament under privilege and that spills the beaBs on everything and we'll send it through to the CMC.

Just ¥J!ow that yeu can be identified or not identifiedt ifyou choose. I can say well this is a whistleblowenvho is l~n()wn to the CMC and is an employee ofthe BSA

They will kil0Y{ me straig...""J:t away. They \-,rill know who it is straight away.

That"s the l,,-ay I deal with it. I will need mat brief..

End ofconversation. Question on Notice No. 1111 Asked on 3 Saptember 2009

MR MESSENGER asked the Minister for Public Works and Informatlon and Communication Technotogy (MR SCHWARTEN)-

With reference to ihe Cooier Schoofs piOgram (administered by Ql.I'eel"1sland Education since 1998 but delivered and implemented by the Minister's department through QBuild)~

wm the Minister provIde details of the program for aU rounds on a year by year breakdown including the (a) total amount of money spent instalHng alrw conditloners in Queensiand ciassiOoms, (b) total number of air~condmonersinstalled, (c) location of air-conditioners installed, (d) total number of private companies subcontracted by the government to help instaii the air-conditioners and (e) names of the f=-fivate companies subcontracted by the government to help install the air-conditioners?

ANSWER:

Through the Cooler Schools Progiaffi, the Department of Education and Training has undertaken the air conditioning upgi(~des to Queensland schools in a series of foiling programs over the past decade. This program has provided air conditioning to schools in the hottest and most humid parts of the State frOHt the coast and west to the Great Divide.

The Department of Public Works through Project Services has undertaken the roles of Superintendent and management of project cte!Jvery. The Department's responslbllities undei the Program have included site auditing, electricaf and mechanical de-sign, preparation of documentation for calUng- of tenders, cost plans, and contract administration of the contract works.

As the Department of Education and Training is responsible for the administration and furlding of this Program, it fS not appropriate for me to answer your question.

I -I

1 I I ! i tf .. --.- .. ----. Question on Notice No. 1519 Asked on 27 October2009

MR MESSENGER asked the Minister for Education ems' Training (Mr Wuson) ­

QUESTION:

With referenoe to the- Cooier-Svllools Program, administered by his ~epsrtnlent sinee 1998. and the answer to Question on Notice No. 1171- Will t1.;e r.1inisrer provide cereus (broken down by year) ofthy (a) total mr.m.lnt spent inst.a1ling an-­ conditioners in Queen::;lanrl .state .school classrooms, (b) number and location of air-conditioners i.'1StaUOO and (c) total number and names of privat~ companies. subcontracted by the government to i help install the air~conditioners and their locations? ANSWER:

t thank the Member for his question.

The Cooler Schools program commenced during the 1998-S-9 financial yesi, supers:;-alng ihe. earlier Cool Schools program. Round 6 of Cooler Schools. the final found, was COli1P1eted in 2006-07. '

Total ~pandjng on State schools for the Cool Schools and Cooier Schools programs was:

Financial Year I state Schools Total $'000 I {Excluding GST} 1996 -1997 4.124 1997 -1998 24,956 1998~ 1999 13,668 1999-2000 24,986 2000-2001 20,258 2001-2002 i 12,705 2002~2003 I 21,532 2003-2004 I 15,547 2004-2005 17,503 A~nn zo-m5-2006 --':J¥V"¥ i

2008-2007 "'1i ,1O:t"onv l TOTAL 142-399

Contramors determined lI'le best air conditioning solution for each bUilding in response to performance-based spec!ficatiqns. The sjz~ and number ofair-conditioners in each space there-fore varied as a result.

More than 3,500 classrooms throughout the Cooler Schools zone benented from the lnstaiiation o~ air-conditioning. j

I i I I I ! The Department of Public Works provided DET with project management services in relation to the Cooier Schools program and have advised that 19 companies were subcontracted by the Queensland Government to assist with the installation of the air-conditioners. Th@ 19 private companies sub-contraoted by the Queensland'Government were:

1. AE Smith & Son (NQ) Pty Ltd 2~ A E Sm~i &Son Piy Ltd 3. Alan's Air Conditioning 4. BE Air Con-ditloning pty Ltd 5. Bayfleld pty Ltd 6. BPM Cow'#iek Pi}' Ltd 7. Carrier Showroom Sales B, Cordukes Lfmitou 9. Direct Air Pty Ud 10, DfViC Elect & AC Ply lid 11. FK Gardner & Sons Pty Ltd 12 .. Henderson All' Conditronrng 13. ICD Group iRAS (iv'iackayj Pty Ud 15. Mager Construction pty Ltd 18. McGuire Air & RefrigeratIon Ply Ltd 17. MVO Contractors Pty Ltd i 8. National Air (Qld) Pfy Ltd 19. TFWoollam & Son

I I i l I j ~::.·,:'~,~:;'N'EWS'''RELEASE·:' --.. - ..'C- ...... - .. o"~C~-- . ~NATIONA1,; 1;'~~=~~tlon*tM- . Membc:r for Burnett 1 : : ..... 0 •• I Friday, March 11 2005 Labor Rips off Queensland State Schools The Beattie Labor government is ripping offQUeellslfuid State Schools by their mamtenfu'1.Ce and building system which forces schools to employ the State Government organisation Q-Build, to install air­ c-onditioning instead of independent local contractors, Opposition Education Spokesmen Rob :r-~essenger revealed today.

Mr Messenger said cUlTently in Queensland ifParents and Citizens Associations decide to employ Q-Build to install air-conditioning instead ofcontracting it out to local retailers and building firms they will pay up to approximately 3 times the cost quoted by private enterprise.

During question time:in State Parliament yesterday, Mr Messenger asked the Minister for Public Works " "lfd Housing why schools such as the Moore Park State School must use Q-Build services to install air­ l ~onditioning, despite local independent contractors beingup to $1&0,000 cheaper.

Instead of answering the que-stions MI' Messenger said the Minister prefell'ed to weasel out of it by ; j l'ubbishing independent contractors while praising the work ofQ-Build.

"The Moore Park P&C have"raised'-, approximately $10,000 to begin installing air-conditioning in their br&"ld new school and have r~eived quotes from various local BUlldaberg businesses wl>Jch was estimated to cost $15,000, not including electrical work. '

'~But when the school was told they must use Q-Build t{) install their air-conditioning, they were hit with an expensive ballpark figure ofabout $47.000 per room.

"If the Moore Park P&C decide to give the nod to Mr Beattie's and !vIr Schwarton's Q-Build m.en. the I parents have to raise another $190,000. on the other hand, ifcommonsense prevails and the Moore Park P& C are able to employ local businesses to do the jO~b then at Ule most they win have to raise is only another I $10,000 to do the samejob. ,j ',,'" ) ... "The P&C;s have also been told that ifthey want to use anyone other than Q-Build, then theyhave to carty out a $20,000 study into the air-conditioning needs ofa school.

wrhe tendering system which promotes and favours Q-Build, the government-owned agency over local retailers and community-based building and maintenance business, is nothing shOlt of this Labor government stealing from our hardworking Queensland Parents and Citizens."

Mr Mess~"1gersaid the Premier, the Minister for Public Works and Housing and tile Education Minister are putting their hands in our P&C'g purses and pilfering their hard won pennies.

I "'The Q-Bcild air-conditioMng nightmare faced by the 1\-1oore Park P&C is be4ng repe..ated at State Sc-hools J all round Queensland and I urge parents for their childrents sake, to speak up and expose yet again another I LabOrriPoff'~DIAL~QUIRIES: Rob Messenger 0427179839 or 41591988 I... ~~~..~

! ;/:~"i 'nb 'Yo.'-:- 1··-······ .. ~ ..' Sub judice material (14 pages) removed Refer to Speaker's Ruling 14/06/2011