❓ A WA parliamentary question on notice regarding an allegation by Mr. Fels concerning brassica intellectual property revenue, and subsequent investigations by the Department, Gold Security Group, the Ombudsman, and the Corruption and Crime Commission. The question seeks details about the investigations' scope, outcomes, and information sharing.
AnsweredQoN 2650Legislative Council
QuestionView source ↗
Further to the answers given to question on notice No. 2214, dated 25 May 2010, I ask -
(1) Regarding the answers given to question (11), on or about 7 February 2008, did the Departments then Acting Director General Rob Delane advise Patrick Fels, that there would be an investigation into an allegation by Mr Fels, that the Department should have received revenue from some brassica intellectual property, used by a commercial breeding program?
(2) If yes to (1), -
(a) when did that investigation commence;
(b) what were the terms of reference of that investigation;
(c) who carried out that investigation;
(d) how was that investigator selected; and
(e) has that investigation been completed?
(3) If no to (1)(e), when will that investigation be completed?
(4) If yes to (1)(e), -
(a) what was the outcome?
(b) will the Minister table a report of the investigation and its findings?
(5) Has all information arising from that investigation been made available to the following, for the purposes of their separate investigations into allegations by Mr Fels, -
(a) Gold Security Group International fly Ltd;
(b) Ombudsman; and
(c) Corruption and Crime Commission?
(6) If yes to (5)(a), (b), (c) or (d), when was the information provided?
(7) If no to (5)(a), (b), (c) or (d), why not?
(8) Did the investigation by Gold Security Group International Pty Ltd have available to it all information arising out of the investigation by the Office of the Public Sector Standards Commissioner, including the report that was prepared by the independent investigator hired to carry out that investigation?
(9) If yes to (8), when was that information provided?
(10) If no to (8), why not?
(11) Further to the answer given to (12)(f), of question on notice No. 2214, dated 25 May 2010, has the investigation by Gold Security Group International Pty Ltd now been completed?
(12) If no to (11), when will it be completed?
(13) If yes to (11), has all information arising from that investigation been made available to the following, for the purposes of their separate investigations into allegations by Mr Fels, -
(a) Ombudsman; and
(b) Corruption and Crime Commission?
(14) If no to (13)(a) or (b), why not?
(15) Further to the answer given to (17)(a)-(e) of question on notice No. 2214, dated 25 May 2010, to the knowledge of the Department has the government unintentionally relinquished canola, wheat, barley or other seed crop intellectual property rights to, -
(a) Monsanto;
(b) Nufarm;
(c) Intergrain;
(d) Cropcare; and
(e) any other business?
(16) If yes to any of (15)(a), (b), (c), (d) or (e), will the Minister please provide full details?
(17) Further to the answer given to (18)(e) of my Questions On Notice No. 2214 dated 25 May 2010, has the Minister provided the allegations and supporting material of Mr Fels to the Corruption and Crime Commission in their entirety and without amendment?
(18) If no to (17), -
(a) will the Minister please provide full details of all amendments and omissions; and
(b) what is the reason for the amendments and omissions?
(1) Regarding the answers given to question (11), on or about 7 February 2008, did the Departments then Acting Director General Rob Delane advise Patrick Fels, that there would be an investigation into an allegation by Mr Fels, that the Department should have received revenue from some brassica intellectual property, used by a commercial breeding program?
(2) If yes to (1), -
(a) when did that investigation commence;
(b) what were the terms of reference of that investigation;
(c) who carried out that investigation;
(d) how was that investigator selected; and
(e) has that investigation been completed?
(3) If no to (1)(e), when will that investigation be completed?
(4) If yes to (1)(e), -
(a) what was the outcome?
(b) will the Minister table a report of the investigation and its findings?
(5) Has all information arising from that investigation been made available to the following, for the purposes of their separate investigations into allegations by Mr Fels, -
(a) Gold Security Group International fly Ltd;
(b) Ombudsman; and
(c) Corruption and Crime Commission?
(6) If yes to (5)(a), (b), (c) or (d), when was the information provided?
(7) If no to (5)(a), (b), (c) or (d), why not?
(8) Did the investigation by Gold Security Group International Pty Ltd have available to it all information arising out of the investigation by the Office of the Public Sector Standards Commissioner, including the report that was prepared by the independent investigator hired to carry out that investigation?
(9) If yes to (8), when was that information provided?
(10) If no to (8), why not?
(11) Further to the answer given to (12)(f), of question on notice No. 2214, dated 25 May 2010, has the investigation by Gold Security Group International Pty Ltd now been completed?
(12) If no to (11), when will it be completed?
(13) If yes to (11), has all information arising from that investigation been made available to the following, for the purposes of their separate investigations into allegations by Mr Fels, -
(a) Ombudsman; and
(b) Corruption and Crime Commission?
(14) If no to (13)(a) or (b), why not?
(15) Further to the answer given to (17)(a)-(e) of question on notice No. 2214, dated 25 May 2010, to the knowledge of the Department has the government unintentionally relinquished canola, wheat, barley or other seed crop intellectual property rights to, -
(a) Monsanto;
(b) Nufarm;
(c) Intergrain;
(d) Cropcare; and
(e) any other business?
(16) If yes to any of (15)(a), (b), (c), (d) or (e), will the Minister please provide full details?
(17) Further to the answer given to (18)(e) of my Questions On Notice No. 2214 dated 25 May 2010, has the Minister provided the allegations and supporting material of Mr Fels to the Corruption and Crime Commission in their entirety and without amendment?
(18) If no to (17), -
(a) will the Minister please provide full details of all amendments and omissions; and
(b) what is the reason for the amendments and omissions?
AnswerView source ↗
Answered
15 September 2010
Responded by
Minister for Child Protection representing the Minister for Agriculture and Food
Response time
36 days
Department of Agriculture and Food
(1) On 7 February 2008 the then Acting Director General Rob Delane advised Mr Fels that the matter is being further investigated. This was an internal review, not a formal investigation.
(2) (a) An internal review of the file commenced in January 2008.
(b) There were no terms of reference as it was an internal review of the file in response to an email from Mr Fels.
(c) The internal review was conducted by the Intellectual Property & Commercialisation Group within DAFWA.
(d) The Intellectual Property & Commercialisation Group conducted the review because of their involvement in the divestment process and access to relevant information, including files.
(e) Completed in January 2008.
(3) Not applicable
(4) (a) The outcome of the internal review was that under the 1988 agreement a royalty was only payable under limited circumstances and given the facts of the current situation it was not deemed an economic option to pursue this further.
(b) This was not a formal investigation and no report was prepared.
(5) (a) Yes, all information and files related to intellectual property, including all papers relating to the internal review conducted in 2008, were made available to Gold Security Group (International) Pty Ltd during the course of the formal investigation conducted between February and June 2010.
(b-c) No, the Ombudsman & Corruption and Crime Commission have only been provided with a copy of the formal investigation report prepared by Gold Security Group (International) Pty Ltd. However further information, including documents reviewed both as part of the internal review and the formal investigation, is available on request.
(6) See 5(a)
Please note 5(d) does not exist.
(7) See 5 (b-c)
Please note 5(d) does not exist.
(8-10) Please refer to Legislative Council question on notice 2649.
(11) Yes
(12) Not applicable
(13) (a-b) The formal investigation report prepared by Gold Security Group has been provided to both the Ombudsman & Corruption and Crime Commission. Further information, including documents that were examined during the course of the investigation, is available upon request.
(14) Not applicable
(15) (a-e) No
(16) (a-e) Not applicable
(17) Yes, Mr Fels' email to the Minister was forwarded to the Corruption and Crime Commission on 3 February 2010. A hard copy of the email, including all attachments, was also couriered to the Corruption and Crime Commission.
(18) (a-b) Not applicable
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(1) On 7 February 2008 the then Acting Director General Rob Delane advised Mr Fels that the matter is being further investigated. This was an internal review, not a formal investigation.
(2) (a) An internal review of the file commenced in January 2008.
(b) There were no terms of reference as it was an internal review of the file in response to an email from Mr Fels.
(c) The internal review was conducted by the Intellectual Property & Commercialisation Group within DAFWA.
(d) The Intellectual Property & Commercialisation Group conducted the review because of their involvement in the divestment process and access to relevant information, including files.
(e) Completed in January 2008.
(3) Not applicable
(4) (a) The outcome of the internal review was that under the 1988 agreement a royalty was only payable under limited circumstances and given the facts of the current situation it was not deemed an economic option to pursue this further.
(b) This was not a formal investigation and no report was prepared.
(5) (a) Yes, all information and files related to intellectual property, including all papers relating to the internal review conducted in 2008, were made available to Gold Security Group (International) Pty Ltd during the course of the formal investigation conducted between February and June 2010.
(b-c) No, the Ombudsman & Corruption and Crime Commission have only been provided with a copy of the formal investigation report prepared by Gold Security Group (International) Pty Ltd. However further information, including documents reviewed both as part of the internal review and the formal investigation, is available on request.
(6) See 5(a)
Please note 5(d) does not exist.
(7) See 5 (b-c)
Please note 5(d) does not exist.
(8-10) Please refer to Legislative Council question on notice 2649.
(11) Yes
(12) Not applicable
(13) (a-b) The formal investigation report prepared by Gold Security Group has been provided to both the Ombudsman & Corruption and Crime Commission. Further information, including documents that were examined during the course of the investigation, is available upon request.
(14) Not applicable
(15) (a-e) No
(16) (a-e) Not applicable
(17) Yes, Mr Fels' email to the Minister was forwarded to the Corruption and Crime Commission on 3 February 2010. A hard copy of the email, including all attachments, was also couriered to the Corruption and Crime Commission.
(18) (a-b) Not applicable
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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