Complaint to Independent Commission Against Corruption

I have called Independen Commission Against Corruption on 2024-02-28 to ask would they investigate complaint about corruption against member of Personal Injury Commission. In response I got this email with request for more information. I will use it as guide.

Providing additional information

If you have more information supporting your complaint about corruption, please provide this in one email and within seven days. Information which would assist the Commission would include:

• A summary of the information you have available and a short explanation of how you believe that this information supports an allegation that NSW public officials have engaged in corrupt conduct
• Details of the names and positions of NSW public officials you believe acted corruptly
• Why these public officials might engage in corrupt conduct
• Who they might act to benefit
• Why they might act to benefit those people
• The date or time frame involved, and the names of any witnesses or anybody else who could provide supporting information
• Information about where there may be evidence to support your allegations
• The details of any other agency you have raised the matter with and their response.

You may be interested in viewing our How to report corrupt conduct video. It is useful for understanding the type of information to provide to us, and the possible outcomes of a complaint made to us.

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Summary

The information I have

1. PIC determination - that does not match the facts. PIC member Macken in his determination misquotes documents and what was said during interview to change meaning to save some money for insurance.
2. Partial transcript of PIC assessment conference - it is already enough to see, that PIC determination does not match the facts, but I requested audio record.
3. My request to fix obvious errors - I highlighted only some obvious errors that could not be explained by poor judgment and could be easily identified and fixed. It was rejected.
4. Personal injury claim application - that was used for determination. PIC member Macken misquoted information provided in application.
5. Documents received after PIC assessment conference. It shows that some important information was withheld by my solicitor Livers.
6. My communication with Livers before the assessment conference.
7. Documents and communications with my previous solicitors where on some particular cases important information dismissing absurdly incorrect statements was not provided to PIC.
8. Complaint to HCCC with all supporting evidence about a report by Moodley, who is PIC approved psychologist to assess injured people, with enormous amount of absurd factual errors. The complaint was forwarded to Psychology Council of New South Wales in July 2023 and I have not got any updates.
9. Complaints to OLSC about misconduct by my solicitors. When I started going through my file it was shocking to learn that my solicitors did not provided some information that was crucial for my claim. This is when I realized that all fits into one case of corruption with QBE solicitor Ceballos being in the middle and bribing government officials.

Short explanation

There is a pattern where my solicitors withheld some important information, do not dispute incorrect information provided by Ceballos and then when some PIC representatives write absurd reports my solicitors apply enormous pressure on me to drop my claim at that point and under no conditions to go further.

The incorrect statements in reasoning and a determination made by Macken can not be explained by poor judgment, mistake or negligence. It is deliberate action with one purpose - to reduces compensation paid by QBE insurance. This is clear if you check the determination written by him against the documents he is misquoting. The same applies to Moodley. It is not surprising then that Macken was very defensive when talking about Moodley report. This would not be possible without my solicitors taking a part in it. However, then all these actions make sense and fit well together.

Details of the names and positions of NSW public officials you believe acted corruptly

While during claim process I have encountered a lot of injustice I have to say that I also met some honest and skilled professionals. However, I also met some official that I believe have acted corruptly:

1. Hugh Macken Member of Personal Injury Commission Motor Accidents Division. He is the main official my complaint is about. As he is the one who makes this whole corrupt scheme possible.
2. Vanitha Moodley psychologist. If I understand correctly she is certified by PIC (used to be SIRA), but not employed. She holds position of power assigned by government agency. In case if this is outside of ICAC jurisdiction, please focus on Macken. She stated that she hold following positions. Effective, from 1 July 2018 I have formally, been appointed to the State Insurance Regulatory Authority (SIRA) panel, as an Approved Health Practitioner authorised to provide medico-legal reports and to give evidence in proceedings before the Dispute Resolution Service and court under section 7.52 of the Motor Accidents Injuries Act 2017. Additionally, I am appointed as a Decision Maker for SIRA’s Dispute Resolution Services Division. The list can be found at https://www.sira.nsw.gov.au/resources-library/motor-accident-resources/publications/motor-accident-disputes/List-of-authorised-health-practitioner-by-specialty.pdf
3. Matthew Jones from State Insurance Regulatory Authority. I wrote about him before. At that I have not realised that there was also part taken by my lawyers Law Partners. They have withheld some of the documents that confirm PTSD diagnosis and instead everywhere replaced it with depression. It does not excuse Jones actions, but explains why my lawyers were so reluctant to fix this assessment.

Why these public officials might engage in corrupt conduct

I believe Macken received some form of benefit from QBE solicitor Ceballos, most likely in financial form.

Who they might act to benefit

QBE had to pay less compensations. I believe it was organised by Ceballos as he participated from the beginning to the end.

The details of any other agency you have raised the matter with and their response

I wrote to PIC highliting