John White (Australian politician)
Encyclopedia
John Charles White was a Tasmania
n Labor
politician during the years 1986 to 1999. He is the son of Alfred White (MHA from 1941-1959).
White was first elected as a member for Denison
in 1986. He held the position of Health Minister during 1989-1992. During 1992-1998 he was Shadow minister for Arts, Justice, Environment and Aboriginal Affairs. In August 1998 he resigned from his Lower house seat to contest the Upper house seat of Newdegate. He was successful and took the position in September 1998.
White was embarrassed in 1993 when he was exposed for calling ABC Radio under the name "Bill Fraser" and claiming to be from Queenstown. The radio announcer recognised his voice and despite denying his true identity when questioned on air, he apologised later to Parliament.
In June 1999 White's Upper house seat of Newdegate was abolished when the size of parliament was reduced and he was forced to resign.
In early 2003 White and two others formed a company called Tasmanian Compliance Corporation (TCC). In August 2003 the company was awarded a Tasmanian Government contract to handle building accredition, complaints and training.
Following the 2006 state election, White came under significant public scrutiny after a confidential service level agreement, signed by White and the Minister Bryan Green
which was being negotiated from November 2005, was leaked to The Mercury. The agreement was leaked by a former Director of the TCC who had previously been stood down for incompetency and then sacked for dishonesty. The agreement was intended to provide for the protection of intellectual property and enable the establishment of appropriate contingency arrangements in the event of either party wishing to withdraw. The intention of the SLA was to provide an exit strategy for either the Government or the TCC and should the Government give 3 years notice no compensation would be paid. However, if the notice was less then 3 years the TCC could claim up to $2.5 million in compensation depending upon the time of notice. On 25 October 2006 White was charged in court with conspiracy and attempting to interfere with an executive officer. The DPP tendered no evidence in relation to the charge of conspiracy as there was no conspiracy simply lobbing, which is the right of every individual. It was at this point that the DPP should have withdrawn both charges, and not just the conspiracy. After initially pleading not guilty, the Chief Justice ruled that the signing of the document was the offence, and did not require any mala fides. White then changed his plea to guilty, on legal advice, in the Supreme Court
on 20 November 2007. On 10 December 2007 he was sentenced to a two-year good behaviour bond and had no conviction recorded.
The Director of Public Prosecutions (“DPP”) in his statement of facts to the Supreme Court on Wednesday 5th September 2007 said that, “the TCC was the only eligible applicant for the contract and was therefore the only applicant able to be selected. The TCC’s profit was legitimate, and there was no corruption or impropriety by Mr White in seeking others to lobby on his behalf. The Crown accepts that Mr White had no knowledge that his actions amounted to an offence.” He further stated that this is,
the only known example of this offence, in any Australian state.”
The Chief Justice, the Honourable Justice Underwood (as he then was), said inter alia in his comments on sentencing, on the 10th December 2007 at page 5, “one might wonder why this prosecution was brought against Mr White in the first place.” His Honour also stated at page 3, “there was nothing unlawful about Mr White lobbing” and further at page 4 “Mr White had no idea that by signing the agreement… he was committing any wrongful act.” His Honour went on to say, at page 4, “he acted on reputable legal advice… and the level of culpability is very low.” His Honour again questioned the wisdom of prosecuting Mr White, “when his level of wrong doing was of a very low order.”
His Honour criticised an article in The Mercury newspaper under the by-line, Sue Neales, Chief Reporter, titled “Extraordinary Deal.” His Honour said, on page 6, “I have formed the tentative view that the publication is a contempt of Court, because at the time of the publication, proceedings were pending, the publication was not a report of these proceedings in the Court, and the account could be seen as having a tendency to prejudice or embarrass these proceedings.”
The Auditor General in his Report, No. 64 of 2008 stated the following:
“An agreement between the parties would have assisted Workplace Standards Tasmania in managing its relationship with the TCC could have provided for the protection of intellectual property and enabled the establishment of appropriate contingency arrangements in the event of either party wishing to withdraw.”
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
n Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
politician during the years 1986 to 1999. He is the son of Alfred White (MHA from 1941-1959).
White was first elected as a member for Denison
Division of Denison (state)
The Electoral Division of Denison is one of the 5 electorates in the Tasmanian House of Assembly. The division is named after Sir William Denison, who was Lieutenant Governor of Van_Diemen's Land 1847-55, and Governor of New South Wales 1855-61. The division shares its name and boundaries with the...
in 1986. He held the position of Health Minister during 1989-1992. During 1992-1998 he was Shadow minister for Arts, Justice, Environment and Aboriginal Affairs. In August 1998 he resigned from his Lower house seat to contest the Upper house seat of Newdegate. He was successful and took the position in September 1998.
White was embarrassed in 1993 when he was exposed for calling ABC Radio under the name "Bill Fraser" and claiming to be from Queenstown. The radio announcer recognised his voice and despite denying his true identity when questioned on air, he apologised later to Parliament.
In June 1999 White's Upper house seat of Newdegate was abolished when the size of parliament was reduced and he was forced to resign.
In early 2003 White and two others formed a company called Tasmanian Compliance Corporation (TCC). In August 2003 the company was awarded a Tasmanian Government contract to handle building accredition, complaints and training.
Following the 2006 state election, White came under significant public scrutiny after a confidential service level agreement, signed by White and the Minister Bryan Green
Bryan Green
Bryan Alexander Green is a Tasmanian Labor politician and member of the Tasmanian House of Assembly in the electorate of Braddon. In July 2006 he was forced to step down as Deputy Premier and Minister for Economic Development and Resources pending an enquiry into deal made with the TCC...
which was being negotiated from November 2005, was leaked to The Mercury. The agreement was leaked by a former Director of the TCC who had previously been stood down for incompetency and then sacked for dishonesty. The agreement was intended to provide for the protection of intellectual property and enable the establishment of appropriate contingency arrangements in the event of either party wishing to withdraw. The intention of the SLA was to provide an exit strategy for either the Government or the TCC and should the Government give 3 years notice no compensation would be paid. However, if the notice was less then 3 years the TCC could claim up to $2.5 million in compensation depending upon the time of notice. On 25 October 2006 White was charged in court with conspiracy and attempting to interfere with an executive officer. The DPP tendered no evidence in relation to the charge of conspiracy as there was no conspiracy simply lobbing, which is the right of every individual. It was at this point that the DPP should have withdrawn both charges, and not just the conspiracy. After initially pleading not guilty, the Chief Justice ruled that the signing of the document was the offence, and did not require any mala fides. White then changed his plea to guilty, on legal advice, in the Supreme Court
Supreme Court of Tasmania
The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, and is able to both receive appeals from lower courts, and able to be appealed from.The ordinary sittings of the...
on 20 November 2007. On 10 December 2007 he was sentenced to a two-year good behaviour bond and had no conviction recorded.
The Director of Public Prosecutions (“DPP”) in his statement of facts to the Supreme Court on Wednesday 5th September 2007 said that, “the TCC was the only eligible applicant for the contract and was therefore the only applicant able to be selected. The TCC’s profit was legitimate, and there was no corruption or impropriety by Mr White in seeking others to lobby on his behalf. The Crown accepts that Mr White had no knowledge that his actions amounted to an offence.” He further stated that this is,
the only known example of this offence, in any Australian state.”
The Chief Justice, the Honourable Justice Underwood (as he then was), said inter alia in his comments on sentencing, on the 10th December 2007 at page 5, “one might wonder why this prosecution was brought against Mr White in the first place.” His Honour also stated at page 3, “there was nothing unlawful about Mr White lobbing” and further at page 4 “Mr White had no idea that by signing the agreement… he was committing any wrongful act.” His Honour went on to say, at page 4, “he acted on reputable legal advice… and the level of culpability is very low.” His Honour again questioned the wisdom of prosecuting Mr White, “when his level of wrong doing was of a very low order.”
His Honour criticised an article in The Mercury newspaper under the by-line, Sue Neales, Chief Reporter, titled “Extraordinary Deal.” His Honour said, on page 6, “I have formed the tentative view that the publication is a contempt of Court, because at the time of the publication, proceedings were pending, the publication was not a report of these proceedings in the Court, and the account could be seen as having a tendency to prejudice or embarrass these proceedings.”
The Auditor General in his Report, No. 64 of 2008 stated the following:
“An agreement between the parties would have assisted Workplace Standards Tasmania in managing its relationship with the TCC could have provided for the protection of intellectual property and enabled the establishment of appropriate contingency arrangements in the event of either party wishing to withdraw.”