1 2 3

No. Conduct Penalty

1 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by causing the cost of personal services obtained by him on or about 8 April 2005 from Keywed Pty Ltd, in the sum of $2,475, to be paid by that union. $4,800

(i) The exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia otherwise than in good faith in what he believed were the best interests of that union, and otherwise than for a proper purpose, by omitting to record the true nature of the payment of $2,475 made to Keywed Pty Ltd in respect of personal services obtained by him on or about 8 April 2005, and by causing the account received from the issuer of the credit card upon which that payment was made to be settled by that union. $4,500

2 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by causing the cost of personal services obtained by him on or about 7 May 2005 from International Immobiliare Pty Ltd, in the sum of $770, to be paid by that union. $4,800

(ii) The exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia otherwise than in good faith in what he believed were the best interests of that union, and otherwise than for a proper purpose, by omitting to record the true nature of the payment of $770 made to International Immobiliare Pty Ltd in respect of personal services obtained by him on or about May 2005, and by causing the account received from the issuer of the credit card upon which that payment was made to be settled by that union. $4,500

3 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by causing the cost of personal services obtained by him on or about 12 June 2005 from Nolta Pty Ltd, in the sum of $418, to be paid by that union. $4,800

(iii) The exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia otherwise than in good faith in what he believed were the best interests of that union, and otherwise than for a proper purpose, by omitting to record the true nature of the payment of $418 made to Nolta Pty Ltd in respect of personal services obtained by him on or about 12 June 2005, and by causing the account received from the issuer of the credit card upon which that payment was made to be settled by that union. $4,500

4 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by causing the costs incurred by himself and his wife in travelling from Melbourne to the Central Coast, and the accommodation and incidental costs associated with that travel, over the period 16-19 September 2005, in the sum of $3,575.68, to be paid by that union. $4,800

(iv) The exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia otherwise than in good faith in what he believed were the best interests of that union, and otherwise than for a proper purpose, by causing the costs incurred by himself and his wife in travelling from Melbourne to the Central Coast, and the accommodation and incidental costs associated with that travel, over the period 16-19 September 2005, in the sum of $3,575.68, to be paid by that union. $4,500

5 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by causing the cost of personal services obtained by him on or about 25 August 2006 from Staff Call, in the sum of $660, to be paid by that union. $4,800

(v) The exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia otherwise than in good faith in what he believed were the best interests of that union, and otherwise than for a proper purpose, by omitting to record the true nature of the payment of $660 made to Staff Call in respect of personal services obtained by him on or about 25 August 2006, and by causing the account received from the issuer of the credit card upon which that payment was made to be settled by that union. $4,500

6 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by causing the cost of personal services obtained by him on or about 16 August 2007 from Keywed Pty Ltd, in the sum of $385, to be paid by that union $4,800

(vi) The exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia otherwise than in good faith in what he believed were the best interests of that union, and otherwise than for a proper purpose, by omitting to record the true nature of the payment of $385 made to Keywed Pty Ltd in respect of personal services obtained by him on or about 16 August 2007, and by causing the account received from the issuer of the credit card upon which that payment was made to be settled by that union. $4,500

7 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, between about September 2005 and December 2007, deploying the services of Criselee Stevens on work which related either to the elevation of his own profile in the Central Coast in the period leading up to the Australian Labor Party pre-selection process or to his election campaign thereafter. $5,500

(vii) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, between about September 2005 and December 2007, by deploying the services of Criselee Stevens on work which related either to the elevation of his own profile in the Central Coast in the period leading up to the Australian Labor Party pre-selection process, or to his election campaign thereafter, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose. $5,000

(vii) In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia between about September 2005 and December 2007, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances by causing an account to be kept – (a) of the time that Criselee Stevens, an employee of that union under the respondent’s supervision, was occupied on the work of that union and on work which had other purposes, and (b) of the outlays which Ms Stevens made on the union's credit card which the respondent’s had caused to be issued to her which were for the purposes of that union and for other purposes. $3,000

8 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, between about April 2006 and March 2007, deploying the services of Matthew Burke on work which related either to the elevation of his own profile in the Central Coast in the period leading up to the Australian Labor Party pre-selection process or to his election campaign thereafter. $5,500

(viii) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, between about April 2006 and March 2007, by deploying the services of Matthew Burke on work which related either to the elevation of his own profile in the Central Coast in the period leading up to the Australian Labor Party pre-selection process, or to his election campaign thereafter, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose. $5,000

(viii) In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia between about April 2006 and March 2007, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances by causing an account to be kept — (a) of the time that Matthew Burke, an employee of that union under the respondent’s supervision, was occupied on the work of that union and on work which had other purposes, and (b) of the outlays which Mr Burke made on the union's credit card which the respondent’s had caused to be issued to him which were for the purposes of that union and for other purposes. $3,000

9 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, between about March and December 2007, authorising Matthew Burke, no longer an employee of that union to retain his union credit card to be used in respect of outlays which were not for the purposes of that union. $5,000

(ix) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, between about March and December 2007, by authorising Matthew Burke, no longer an employee of that union, to retain his union credit card to be used in respect of outlays which were not for the purposes of that union, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose. $4,500

(ix) In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia between about March and December 2007, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that the respondent authorised Matthew Burke, no longer an employee of that union, to retain his union credit card to be used in respect of outlays which were not for the purposes of that union. $2,500

10 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, in or about May 2006, causing that union to make outlays amounting to $3,747.85 in respect of the activities of a community organisation founded on his initiative called "Coastal Voice", the making of those outlays having been substantially influenced by the respondent’s desire to increase his profile on the Central Coast in order to further his political career. $2,500

(x) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, in or about May 2006, by causing that union to make outlays amounting to $3,747.85 in respect of the activities of a community organisation founded on his initiative called “Coastal Voice”, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose, but for the purpose of increasing the respondent’s profile on the Central Coast and the furtherance of his political career. $2,000

(x) In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia in or about May 2006, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that the respondent caused that union to make outlays amounting to $3,747.85 in respect of the activities of a community organisation founded on his initiative called "Coastal Voice", the making of those outlays having been substantially influenced by the respondent’s desire to increase his profile on the Central Coast in order to further his political career. $1,000

11 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, in about July and December 2006, causing that union to pay $3,500 in respect of tables at a function organised by the Federal Electoral Council for the electorate of Dobell where the respondent was seeking pre-selection as the candidate for the Australian Labor Party. $2,500

(xi) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, in about July and December 2006, by causing that union to pay $3,500 in respect of tables at a function organised by the Federal Electoral Council for the electorate of Dobell that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose, but pursuant to the respondent’s endeavour to secure pre-selection as the candidate for the Australian Labor Party in that electorate. $2,000

(xi) In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia in about July and December 2006, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that the respondent caused that union to pay $3,500 in respect of tables at a function organised by the Federal Electoral Council for the electorate of Dobell without maintaining a scrupulous separation of the transactions for which he might properly use the funds and resources of that union and those which he ought to have funded otherwise. $1,000

12 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, between about April and December 2007, causing that union to pay $4,103 for the expenses of his campaign office as the Australian Labor Party candidate for the electorate of Dobell. $4,000

(xii) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, between about April and December 2007, by causing that union to pay $4,103 for the expenses of his campaign office as the Australian Labor Party candidate for the electorate of Dobell, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose. $3,500

(xii) In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia between about April and December 2007, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that the respondent caused that union to pay $4,103 for the expenses of his campaign office as the Australian Labor Party candidate for the electorate of Dobell, without] maintaining a scrupulous separation of the transactions for which he might properly use the funds and resources of that union and those which he ought to have funded otherwise. $3,000

13 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, between about July and October 2007, causing that union to pay $1,277.96 for the expenses of operating a promotional bus in his campaign as the Australian Labor Party candidate for the electorate of Dobell. $3,000

(xiii) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, between about July and October 2007, by causing that union to pay $1,277.96 for the expenses of operating a promotional bus in his campaign as the Australian Labor Party candidate for the electorate of Dobell, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose. $2,500

(xiii) In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia between about July and October 2007, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that the respondent caused that union to pay $1,277.96 for the expenses of operating a promotional bus in his campaign as the Australian Labor Party candidate for the electorate of Dobell, without maintaining a scrupulous separation of the transactions for which he might properly use the funds and resources of that union and those which he ought to have funded otherwise. $2,000

14 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, between about May and July 2007, causing that union to pay $7,253.17 as postage expenses in his campaign as the Australian Labor Party candidate for the electorate of Dobell. $3,250

(xiv) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, between about May and July 2007, by causing that union to pay $7,253.17 as postage expenses in his campaign as the Australian Labor Party candidate for the electorate of Dobell, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose. $2,750

(xiv) In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia between about May and July 2007, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that the respondent caused that union to pay $7,253.17 as postage expenses in his campaign as the Australian Labor Party candidate for the electorate of Dobell, without maintaining a scrupulous separation of the transactions for which he might properly use the funds and resources of that union and those which he ought to have funded otherwise. $2,250

15 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, in or about May 2007, causing that union to pay $12,511.40 on advertising related to his election campaign as the Australian Labor Party candidate for the electorate of Dobell. $3,500

(xv) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, in or about May 2007, by causing that union to pay $12,511.40 on advertising related to his election campaign as the Australian Labor Party candidate for the electorate of Dobell, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose. $3,000

(xv) In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia in or about May 2007, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that the respondent caused that union to pay $12,511.40 on advertising related to his election campaign as the Australian Labor Party candidate for the electorate of Dobell, without maintaining a scrupulous separation of the transactions for which he might properly use the funds and resources of that union and those which he ought to have funded otherwise. $2,500

16 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, between about October and November 2007, causing that union to pay $18,733.00 on radio advertising related to his election campaign as the Australian Labor Party candidate for the electorate of Dobell. $3,500

(xvi) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, between about October and November 2007, by causing that union to pay $18,733.00 on radio advertising related to his election campaign as the Australian Labor Party candidate for the electorate of Dobell, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose. $3,000

(xvi) In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia between about October and November 2007, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that the respondent caused that union to pay $18,733.00 on radio advertising related to his election campaign as the Australian Labor Party candidate for the electorate of Dobell, without maintaining a scrupulous separation of the transactions for which he might properly use the funds and resources of that union and those which he ought to have funded otherwise. $2,500

17 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, between about May and November 2007, causing that union to pay $10,763.00 on printing related to his election campaign as the Australian Labor Party candidate for the electorate of Dobell. $3,500

(xvii) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, between about May and November 2007, by causing that union to pay $10,763.00 on printing related to his election campaign as the Australian Labor Party candidate for the electorate of Dobell, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose. $3,000

(xvii) In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia between about May and November 2007, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that the respondent caused that union to pay $10,763.00 on printing related to his election campaign as the Australian Labor Party candidate for the electorate of Dobell, without maintaining a scrupulous separation of the transactions for which he might properly use the funds and resources of that union and those which he ought to have funded otherwise. $2,500

18 In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia in or about 2006, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that he caused that union to enter into a contract with the Central Coast Rugby League, under which that union incurred a liability of $106,393.23, without the prior approval of the National Executive or the National Council. $3,500

19 In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia on or about 8 August 2006, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that he caused that union to make a payment of $2,400.00 to Julie Williamson for a multiple sclerosis fundraising lunch, without the prior approval of the National Executive or the National Council. $750

20 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, in or about September 2006, causing that union to make a $5,000 donation to “Central Coast Convoy for Kids” without the prior approval of the National Executive or the National Council of that union. $1,250

(xx) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, in or about September 2006, by causing that union to make a $5,000 donation to “Central Coast Convoy for Kids” without the prior approval of the National Executive or the National Council of that union, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose. $1,000

(xx) In the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia in or about September 2006, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that the respondent caused that union to make a $5,000 donation to "Central Coast Convoy for Kids' without the prior approval of the National Executive or the National Council. $750

21 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, on or about 25 November 2006, causing that union to pay $2,050 for the purchase of sporting memorabilia to be used for fund raising purposes by the Federal Electoral Council for the electorate of Dobell where the respondent was seeking pre-selection as the candidate for the Australian Labor Party. $2,500

(xxi) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, on or about 25 November 2006, by causing that union to pay $2,050 for the purchase of sporting memorabilia to be used for fund raising purposes by the Federal Electoral Council for the electorate of Dobell, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose, but pursuant to the respondent’s endeavour to secure pre-selection as the candidate for the Australian Labor Party in that electorate. $2,000

(xxi) ln the exercise of the respondent’s powers and the discharge of his duties as National Secretary of the Health Services Union of Australia on or about 25 November 2006, failing to do so with the degree of care and diligence that a reasonable person would exercise in the circumstances in that the respondent caused that union to pay $2,050 for the purchase of sporting memorabilia to be used for fund raising purposes by the Federal Electoral Council for the electorate of Dobell without maintaining a scrupulous separation of the transactions for which he might properly use the funds and resources of that union and those which he ought to have funded otherwise. $1,000

22 The respondent’s improper use of his position as National Secretary of the Health Services Union of Australia to gain an advantage for himself, and to cause detriment to that union, by, in or about August and December 2007, causing that union to make a $10,000 donation to “Dads in Education” without the prior approval of the National Executive or the National Council of that union. $1,500

(xxii) The respondent’s exercise of his powers and the discharge of his duties as National Secretary of the Health Services Union of Australia, in or about August and December 2007, by causing that union to make a $10,000 donation to “Dads in Education” without the prior approval of the National Executive or the National Council of that union, that exercise of powers and discharge of duties having been done neither in good faith in what the respondent believed were the best interests of that union nor for a proper purpose. $1,250