The NSW Independent Commission Against Corruption (ICAC) will not investigate the alleged corruption I raised in relation to the management of the Mt Warning National Park.
In reply to my complaint (the main points are summarised below) they write (my bold):
The Commission’s Assessment Panel has considered the allegations and concerns you raised and determined that the Commission will not be investigating this matter. While you have provided information which shows that NPWS has accepted the title claim of the Bundjalung over that of the Ngarakwal/Nganduwal, the information before the Commission does not indicate a reasonable likelihood that the matter might involve corrupt conduct.
The ACT under which ICAC operate defines corruption as follows:
(a) any conduct of any person (whether or not a public official) that adversely affects, or that could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions by any public official, any group or body of public officials or any public authority, or
(b) any conduct of a public official that constitutes or involves the dishonest or partial exercise of any of his or her official functions, or
(c) any conduct of a public official or former public official that constitutes or involves a breach of public trust, or
(d) any conduct of a public official or former public official that involves the misuse of information or material that he or she has acquired in the course of his or her official functions, whether or not for his or her benefit or for the benefit of any other person.
My complaint showed that NPWS have ignored the views of the Ngarakwal/Nganduwal people represented by elder the late Marlene Boyd and others who are the traditional custodians of Mt Warning. ICAC agreed I showed that NPWS has accepted the title claim of the Bundjalung over that of the Ngarakwal/Nganduwal. My complaint outlined NPWS actions in managing the park that meet all four categories of corruption defined by the ICAC (a), (b), (c) and (d).
In summary:
(a). NPWS omitted the Ngaraakwal/Nganduwal views about the climb from the Management Plan and public information about the park since 2003. It is inconceivable that NPWS would not have been aware of alternate Aboriginal views about the summit walk and alternate Aboriginal mythology since 2003 (The whole caldera is Wulambiny Momoli or 'scrub turkey nest', a `djurebil' or increase site where hunting is forbidden so that Brush-turkeys may replenish their numbers). NPWS have deliberately suppressed this information from the Minister and the Public and this has adversely impacted official functions of NPWS, namely NPWS obligations in relation to managing Aboriginal Areas in accordance with the National Parks and Wildlife Act 1974 No 80 section 30K (2a).
(b). Wilful omission of the views about the Park by other Aboriginal Groups that have not been properly consulted by NPWS represents partial exercise of official functions.
(c). NPWS have since at least 2003 not informed the Minister, Department or Public about alternate Aboriginal views about the summit walk. Most recently in surveying the public about the walk it did not provide survey respondents with alternate Aboriginal opinions about the Mt Warning Summit climb, it just provided the Bundjalung views. NPWS used this survey to provide the Minister and the Public with the following information:
There is a high level of community acceptance of the significance of Wollumbin Summit and the message not to climb. Of the 858 domestic participants in a recent visitor research survey (DPIE 2019), 49 per cent stated they would not climb Wollumbin summit upon receiving the request not to climb, most of the remaining participants were unsure or needed more information, and only nine percent still wanted to climb Wollumbin.
One wonders what the survey results would look like if those asked were also provided with the inspirational words of Ngarakwal/Nganduwal elder Marlene Boyd — words that deserve to be posted at the start of the walk and at the summit instead of being ignored:
I do not oppose the public climbing of Mt Warning – how can the public experience the spiritual significance of this land if they do not climb the summit and witness creation!
NPWS have mislead the Minister and the Public. There is a clear breach of public trust.
(d). NPWS have not provided the Minister or Public with the correct information about Aboriginal attitudes to climbing Mt Warning since at least 2003. It is not conceivable that NPWS would have been unaware of the alternate views about the summit walk or controversy surrounding the “Bundjalung Nation”. This information should have been included in the current management plan and in Park literature made available to the public. Clearly information has been misused.
Next steps: I am a little bewildered by the ICAC's refusal to further investigate the matter given the clear evidence that was presented. I am heartened though that they agree the evidence shows NPWS have favoured one Aboriginal viewpoint over another. There is nothing in the National Parks and Wildlife Act that permits NPWS to favour one Aboriginal viewpoint over another and hence it appears they have exceeded their authority.
I'll be looking at taking this to the NSW Ombudsman for review. I'll let you know how I go.
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