Now we know that the shire had a systems failure that allowed James Trail to spend $170,000 without authorisation. We know Gary Evershed did not notice the $170,000 back in 2008 when he was paid to undertake his well publicised due diligence.
What does this mean for us - as citizens and ratepayers?
That we have a shire administration system that doesn't have the necessary checks and balances? That we have a sloppy culture that means compliance with rules isn't necessary? Our councillors are asleep on the job? Councillors signed off on the accounts every month, including Smart and Middleton.
If the rules are not complied with then we do not have due process, and that is a violation of democracy.
Secrets
revealed now have no magic power, they cannot alter history. Revelations can
illuminate but shining a light onto something rotten does nothing to restore
and revive fabric that is putrid. When something as serious as a failed and
corrupt democracy is exposed then it will never be an adequate response to
merely blame the perpetrators. Yes, we can identify those whose behaviours fell
below the acceptable standard for a civilised society, but we must also
question how such people came to be leaders and why they were allowed to
continue representing citizens living within a supposed democracy for so long.
None
of us can avoid the effects of government corruption; its cancer affects us
all. Our individual lives may appear to be humdrum existences remote from those
who administer the rules of civic society, but the webs of deceit surrounding
systems of government will snare us all. We need to understand that we are
living within systems that are inextricably linked and from which we cannot
escape. However enchanting the idea of living as free spirits detached from
outside influences we are all in fact systems
people. Like it or not we have no choice.
The
sun rises at dawn to wake us because we live on a planet that is part of the
solar system. Our children go to schools that are governed by rules that define
the education system. The health of the nation is the concern of another
system. We travel on road and rail networks designed by those who govern where
and when a transport system is provided and maintained. As a driver we can only
legally use the roads if both we and our vehicle participate in a government
licensing system. Agriculture is controlled by means of a whole bundle of systems
governing every aspect, from animal welfare systems to systems that allow the
licensing of herbicides, fungicides and pesticides, and systems that allocate
quotas for the crops that farmers are allowed to plant. Food is delivered to
the shops by means of production, packaging and distribution systems.
We
need some of these systems to curb the chaos that could eventuate if we all
tried to live as free spirits exercising unfettered free will. In our
individual lives we develop informal systems that make for smooth running of
the routine functions of everyday life.
Systems
surround us and we need to understand that every man made system needs
continuous monitoring, ongoing attention to ensure it functions as intended as
it encounters changes in the world around it.
When
we use a systems approach to examine a problem we identify the impact of each
link in a system, how it affects other links, examining the interconnectedness
of everything. To do this efficiently we need an audit trail.
Our
local government is an administration system, and if everyone operating within
the system follows each process step-by-step there will be a clear audit trail.
This audit trail offers transparency and openness, it demonstrates that due
process was followed, and the system operated correctly or incorrectly. By
having the audit trail, and reviewing the content, we can implement
improvements when something does go awry. When we have no record of why
decisions were made and who made them our democracy is at risk.
When
we undertake a systems review we have to constantly feed-back and feed-forward
our information, adjusting assessments of risk of failure as we methodically
examine the chain, testing all the links. No system can ever be failsafe, but
risks can be minimised if we recognise where the weaknesses are. Recognition of
a potential point of failure offers us an opportunity to consider how probable
that failure is and the importance of any subsequent impact, and we can then
develop and implement improvements. Ignoring weaknesses potentially allows a
single point of failure to cause an entire system to fail
Citizens
could, and should, involve themselves by checking the actions of their local
government comply with both the letter and the spirit of every democratically
determined policy and procedure. But how many citizens will ever do this? How
many are truly vigilant protecting their precious democracy and freedom?
All
too often we imagine that our freedom is threatened by strangers; and the media
controlled by corporate Australia promotes such views. It is more comfortable for
the corporations and the politicians if the Commons believe that stopping the
migrant hoards and repelling the terrorist threats will ensure our freedom is
safe.
But
if we read the Universal Declaration of Human Rights, and the
Universal Declaration on Democracy we will
understand that our forefathers did not come together after a second world war
to draw up an agreement on how we could isolate each nation. Such a significant
agreement on human rights was drawn up by a generation of people who had just
survived a world war. Some had fought in two world wars with only two decades
of peace between conflicts. They knew about Hitler, understood how the charisma
of one man and a small group of his followers converted decent German citizens
into Nazi thugs.
For
individuals to enjoy freedom they must live under systems of government that
are free from corruption, systems that serve the people, the Commons. Government
must place humanity and the good of the people before the institutions created
to serve man.
We
ignore the monitoring of our systems of government at our peril. The lessons
from history are there, and they are harsh. All levels of government, federal,
state and local must be free from corruption if democracy is to prevail.
Many
listening to Minister Simpson’s comment that there is no scrutiny in local
government may judge it to be a mere trifle, a bureaucratic oversight, nothing
too concerning, but it is concerning and it is serious. In 1995 the State shifted
many functions of government previously scrutinized by our elected members of
Parliament to the new local government institutions created by the Local
Government Act. Other matters associated with large budgets of public monies
were placed in the care of statutory authorities, institutions beyond Parliamentary
oversight, such as Tourism WA and the regional development commissions.
This
process left democracy dangerously unprotected in ways that those men and women
who lived through WWII would never have allowed. This speech from the late Hon
Andrew Mensaros makes clear his view regarding the enduring nature of
democracy’s need for checks and balances;
‘A
certain feeling of pride was evident on the Government side last week when our
young, enthusiastic and quite talented friend the member for Victoria Park very
proudly included in his Address-in-Reply speech a reference to the fact that
the Government had introduced 27 new statutory authorities during its time in
office. I wish he had the insight of experience as I do and could have heard
his predecessor, who sat where the member for Mt Lawley sits, scolding the
Brand Government for introducing too many new statutory authorities. I refer to
Hon. Ron Davies. For good measure at the time he said that the creation of
statutory authorities went against the democratic philosophy,...
...
All these steps reduce the accountability of Government. The result is that we
lose some of the merits of our representative democracy. It is these changes
which create the public perception of corruption. Not only that, but also
ultimately the changes create corruption itself. No society is more corrupt
than the one where there are insufficient checks and balances of the sort we
have in this Parliament. As a grown man, a practising solicitor, I experienced
the last days of Nazi Germany and I experienced then the graft which was to be
found at virtually all levels of society. The same thing is repeated under
Communist rule. Traditionally Parliament is the true and absolute check and
balance. The more activities one removes from parliamentary scrutiny the nearer
one approaches a dictatorship. Many small signs are worthwhile indications of
the Government's embarking upon what I call contempt of Parliament.
What
Mensaros was observing as small signs of contempt
were red flags warning of the systematic reduction in the checks and balances
of the system of government. Democracy was being eroded to the detriment of the
Commons.
At
a local government level the loss of due process over matters of civic
importance is a loss of democracy; it is not a trivial matter it is contempt of
the Commons. A democracy that removes the right to determine how we develop the
culture of our community, is not a democracy at all. Without self-determination
there is no freedom.
Mensaros
saw the signs and predicted problems. He was wise, what he was observing was the
people of WA being robbed by their own State government. Tax payers’ money funded
the lifestyle of Brian Burke and his cronies.
Eventually
the Royal Commission that
came to be known as the WA Inc Inquiry revealed there was no adequate systems review,
the government had arranged the financial affairs of state so the routine
checks and balances of good governance were absent. The Commissioners recommended
significant changes in the systems of government as a matter of urgency. They
recognised that a repeat of this failure was possible without systems changes.
Sadly the changes to tighten controls and introduce the scrutiny that was so
clearly necessary just didn’t happen.
The
public had barely come to terms with WA Inc when the investigations into
Wanneroo Inc commenced. A change of government from Labor to Liberal-National
meant the Wanneroo inquiry was never satisfactorily concluded. The Kyle Report opened a
small window onto the corruption within Wanneroo City Council, but Commissioner
Kyle was then blocked from continuing his examination by political intervention,
and an altogether less rigorous process closed the matter down.
In
both WA Inc and Wanneroo Inc there appears to have been an acknowledgement that
there was something rotten in government, first at state level then at local
level, but neither inquiry led to anything that might deal with the malignancy
that remained. WA government needed more than just the removal of the primary
malignant cells it needed the removal of all the second and third tiers of
government officials who had colluded and assisted the wrong doing. It needed a
much more radical approach.
When
the commissioners reported on WA Inc they wrote;
‘The
matters upon which we have reported reveal serious weaknesses and deficiencies
in our system of government’.
The
newly elected Liberal-National government, led by Richard Court, refused to
acknowledge that there were systems failures, claiming instead that;
‘...
that the problems in the 1980s in Western Australia were simply the fault of
bad people, rather than any failing of the political system.’
This
response was astounding, suggesting no respect for the processes of democratic
government. Relying on a subjective judgement of what constitutes good and bad people is just not an appropriate way to defend the democratic
rights of the Commons.
Hitler
could not have done what he did without others to help him, neither could
Burke. Removing the key players, what might be viewed as the primary cancer, is
never enough. After World War II the heads of all nations came together to
create a new paradigm for world governments, because they knew the old systems
just did not protect citizens from psychopathic leaders. Post WWII leaders
formed the United Nations and offered world agreements on human rights, then they
offered the world democracy.
This
is not the place to argue about whether what they did was right, or about
whether something other than democracy might be better. Democracy is what we
have, and on paper it doesn't look too bad an option. But do we cherish it? Do
we actually support it and protect it? Or do we just pay lip service to
democracy, and only vote if we are forced to, wriggling out of our
responsibility as citizens whenever possible?
Why
would citizens not cherish democracy? Why, when so many of the persecuted
people in the world are craving a chance to enter a polling booth would many
Australians prefer to go to the beach? Many
believe that whatever they do nothing will change, but they are wrong. Step
back from your responsibilities as a citizen in a democratic country and
corruption will fill the void. Voting without thinking is not respecting
democracy. Blindly following the rhetoric published by career politicians and
public officials promoting a particular ideology without critically reviewing
how their results match their words, is not supporting democracy. Voting for a
councillor without knowing what his cultural values and manifesto are, and
without holding him to account for his post-election performance, is not
respecting democracy.
Maybe
it does sound difficult, maybe democracy takes a bit of effort, but consider
the alternatives and we quickly realise that it's probably the best we've got
for now.
'Politicians
are all the same, so what does it matter how I vote?'
That's
often said, and probably does have a grain of truth because the way WA does
politics is tough and unpleasant, so of course the psychopaths rule the
playground they call State Parliament.
Big
promises are made before elections and then strategies and directions change.
Not much that an ordinary citizen can influence there, except ask questions,
and demand answers.
But
what of our local government?
Can
we have any influence over the systems of government at the local level? We are
entitled to have democracy within our system of local government; indeed we
must have democracy at grassroots level, because that is where it impacts us
most, decisions affecting our homes, our families, our neighbourhoods.
Local
democracy is a right, but do we have it?
We
might all prefer to go to the beach and let the law deal with government
corruption, pay for some more lawyers and legislate away the potential for
fools to encourage knaves to corrupt democracy and remove our rights. But this
can never happen, legislation can never protect democracy. Once we delegate
responsibility for oversight to any group we need to then be concerned about
who oversees the overseers, and so it goes on.
The
only sensible way for citizens to challenge corruption is to use a grassroots
approach. Nobody has to get involved in everything, every council decision, but
if everyone fully engaged with decisions affecting their own neighbourhood, and
shared the information so that others could see patterns of behaviour, to
recognise system failures, we could begin to see improvements.
A
systems approach to any review can begin as a top-down or bottom-up exercise,
or for the very best results we might use a combination of both. When concerns
were initially raised over the planning for Karridale there was no reason for
us to think we were being lied to by the shire. As the review of the strategic
planning continued using both a feed-back and feed-forward approach our
perspective had to change. The signs that something was wrong can be subtle,
and will usually be experienced as a slow dawning rather than a blinding flash.
As the review progressed new pieces of information, and new connections to
other information we had, were checked against what had already been understood.
New information can profoundly affect interpretation of prior knowledge. Inconsistencies
in the detailed information being provided might require us to look at the top
of the organisation, not only to examine the culture but to see whether cronies
are colluding.
For
example, before we knew that the CEO,
the Planning Director, and the Property Developer were old mates from their
student days we accepted an explanation that false information favouring the developer
was merely an officer level oversight by
the planning department. After we knew
they were cronies the explanation provided was accepted less readily.
Systems
reviews never confine themselves to isolated events because we need to
understand patterns of behaviour before we can gauge the probability that we
have identified a weakness or failure. However good a system of local
government administration is in principle compliance
with the policies and procedures determine how well it will serve
democracy. Compliance depends on both individual personality traits and
corporate culture. The man at the top determines the culture.
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