Another blackflip by the Investigator
Over the course of the year, Victims of CSIRO has reported on a number of occasions in which the Terms of Reference and other material relating to the CSIRO Investigation into Workplace Bullying and other Misconduct, have subtly changed.
This latest change yet again reinforces our conviction that the original Terms of Reference were ill-conceived and rushed through without the benefit of proper consideration or, in fact, any consideration with key stakeholders affected by the investigation.
In the latest change to appear on CSIRO’s website, it appears that the Investigator will not be making any findings of misconduct in relation to the investigation of complaint but will instead defer determination of whether specific acts or omissions constitute misconduct to the CSIRO who will determine whether or not it constitutes justification for sanctions against that officer or officers.
We know how effective leaving the CSIRO to determine whether certain acts constitute misconduct works. Recall in particular that:
– CSIRO’ acting General Counsel determined that senior officers who had misrepresented themselves before the Administrative Appeals Tribunal in the matter of Martin Williams were not guilty of serious misconduct, despite being determined to be be unreliable to the point that the Deputy President of the AAT could not accept the veracity of any of the evidence provided by those senior officers and instead preferred the evidence of Mr Williams in all matters in which conflicting evidence was presented.
– CSIRO similarly determined through an internal investigation conducted by its own legal counsel that it had not participated in the Fraud of pharmaceutical giant Novartis. Such action is akin to handing the accused the power to make a determination in their own prosecution. What kind of planet do these people live on???
CSIRO has still failed to take any significant action in relation to numerous complaints of both former and current employees in relation to the misconduct of its officers, particularly in the handling of bullying allegations.
We are led to believe that the “raison d’etre” for the external investigation was to provide an impartial review of bullying allegations only to see that justification eroded as the powers of determination are again hand-balled back to the CSIRO because the investigator is seemingly incapable of making a judgement on whether certain acts constitute misconduct despite the CSIRO having clear policies identifying examples of misconduct.
It is quite clear to all (perhaps with the exception of CSIRO and the Investigator) that this process is irretrievably flawed and has been compromised from its very inception to the point where it cannot be held, in any way, shape or form to be credible.
The simple fact that the Investigator has gone to great lengths in an attempt to diminish the concerns of those critical of the process and to discredit those critical of the investigator, speaks volumes on the unapologetically Partisan politic at play here.
This gross waste of taxpayer money needs to cease and in its place, a credible investigation, overseen by the Australian Parliament needs to commence. This investigation should quite rightly be called out for what it is, a ‘Sham’