Victoria’s anti-corruption watchdog has found staff members at the state’s Metropolitan Fire Brigade hacked emails of executives and were “motivated to misuse” the information they uncovered “to further the interests” of the firefighters union and its state secretary, Peter Marshall. The Independent Broad-based Anti-corruption Commission (Ibac) tabled its investigation into the leaking of information at the MFB – dubbed Operation Turton – on Wednesday. It uncovered five incidents where MFB employees accessed or disclosed information without authorisation between April 2018 and May 2019. “In incidents that Ibac identified, individuals involved were motivated to misuse MFB information to further the interests of the Victorian branch of the United Firefighters Union (UFU) or its secretary, Peter Marshall,” the report reads. “In addition to accessing other employees’ email accounts, Ibac found individuals shared sensitive MFB information directly with the UFU without permission.”
Leaked Information About Fire Station Closures
Among the five incidents was the leaking of a PowerPoint presentation to Marshall which detailed a plan by the MFB to purchase fire incident response simulation software. The Ibac report found Marshall – who believed the MFB was seeking the software to reduce firefighter and fire truck numbers – passed the document on to the then minister for emergency services, Lisa Neville, “without authority”. At a March 2019 meeting with the MFB’s chief executive, Neville referred to the software and told them, “You can’t have it.” The chief executive told Ibac they believed Marshall had “influenced the minister …with the intention of stopping MFB purchasing the software”.
Leaking of Sensitive Information and a Problematic Work Culture
In another instance, Marshall was provided with information about executive contract extensions, which he also passed onto Neville. The minister, who sought to have some direct references to her removed from the report, retired from parliament in 2022 due to health challenges. The Ibac commissioner, Victoria Elliott, said the union’s “influence” over the day-to-day operation and decision making of the MFB “presented challenges and often hindered the effective administration of the organisation”. She said the investigation identified “weaknesses in MFB information and data security practices and policies which were ongoing” and made four recommendations to tighten information security and improve culture at the new agency, Fire Rescue Victoria. FRV was created in 2020 from the merging of the Metropolitan Fire Brigade with the paid staff within the Country Fire Authority following a long-running and bitter pay dispute for professional firefighters.
The UFU's Response
A second long-running Ibac probe relating to the fire services – codenamed Operation Richmond – is focused on the 2016 EBA negotiations between the Victorian government and the UFU. The former premier Daniel Andrews was interviewed as part of the investigation. In a statement, Marshall and the UFU, which attempted to block the Operation Turton report from being published, described the investigation as a “four-year witch hunt” and a “work of fiction”. Marshall accused Ibac of being “more interested in investigating how a firefighter union secretary was provided information that was relevant to the fire service, than investigating the significance of the issues themselves”. He also said there had been “regular leaks” about Ibac investigations since 2019, leading to “hundreds of news items”. “It is ironic that an organisation supposedly investigating the inappropriate use of information, took no steps to investigate the improper use of its confidential material to the media,” Marshall said.
Recommendations for Fire Rescue Victoria
IBAC has asked Fire Rescue Victoria — which replaced the MFB in 2020 — to submit its first report on how it's implementing its recommendations within six months. The report also found weaknesses in MFB information and data security practices and policies which it said were ongoing. It made four recommendations for FRV to address what it said were longstanding and systemic corruption risks, to improve workplace culture and information security. They included clearer policies and procedures for the circumstances in which FRV information may be disclosed to employees and their representatives, addressing information and communication technology security risks, reviewing internal complaint processes and promoting a 'speak-up' culture.
Union's Dismissal of the Report
The union has described the report as a miscarriage of justice, “a work of fiction” — and called for an investigation into IBAC itself. It described IBAC's probe as a witch-hunt into the UFU and Mr Marshall, a misuse of power and as lacking proper legal process. IBAC alleges the UFU's power was hindering the effectiveness of the MFB. The union alleged IBAC failed to remain impartial in its “misguided and feverish pursuit of the union” and did not give the UFU or Mr Marshall an opportunity to challenge the allegations. “This report is an absolute disgrace,” Mr Marshall said. “The commissioner of IBAC should resign immediately, that organisation should be suspended and investigated.” He has accused investigators of using what he said were “deeply intrusive practices” such as phone tapping, raids, and the seizure of personal items and legally privileged documents. “There's no doubt that IBAC has tried to denigrate the United Firefighters Union and indeed myself as secretary,” Mr Marshall said. “It's fired its best shot and it's actually missed.” Union branch secretary Peter Marshall describes the report as a “political hit”.
A 'Wake-Up Call' for Workplace Behavior
Attorney-General Jaclyn Symes received a copy of the report before it was tabled in parliament. She said it clearly set out to staff what was expected of them in the workplace. “I think it's a wake-up call for anyone who might consider that it's not a big deal to give sensitive information to someone and perhaps this will encourage people to think twice about acting against the interests of their employer or indeed themselves as an individual,” Ms Symes said. “It gives us an indication of behaviour that should be stamped out.” Ms Symes reiterated the importance of unions and the rights of workers to be represented, but warned members about responding to certain requests. “Being asked to do something that is inappropriate, adverse to you as an individual, adverse to the organisation you work for is not behaviour that should be stood for.”
FRV's Response to the Report
Fire Rescue Victoria replaced the Metropolitan Fire Brigade in July 2020. FRV Commissioner Gavin Freeman says the report contains clear lessons for the organisation. FRV Commissioner Gavin Freeman said a lot of effort had been made since then to ensure the new agency's systems were secure. “I can reassure staff that we wouldn't expect that there's any chance or possibility of their work emails being accessed,” he said. He said the report contained clear lessons that were also appropriate for the new body, and management was focused on building values inside the organisation. “I'm immensely proud of all of our staff,” he said. “This report has no bearing on the service that they provide Victorians every day.” Mr Freeman said there were robust internal processes to be followed in regards to the employees named in the report.
Opposition's Perspective
Shadow Attorney-General Michael O'Brien has blamed the Labor government, saying it had allowed the union movement to become too dominant in Victoria. “Operation Turton is a damning inditement into the culture of Victoria's fire services that have been allowed to develop under 10 years of Labor government,” he said. “Peter Marshall has been at the union for nearly 30 years now and this report should be the end point for him.” Mr O'Brien questioned whether Victorians were getting value for money for the Fire Services Levy, which is a charge collected by local councils through rates notices.
Moving Forward
FRV has been asked to provide IBAC with a progress report on actioning the recommendations in six months with a full report within a year. The report is a stark reminder of the importance of maintaining a culture of transparency and accountability in public service. It also highlights the potential risks posed by the misuse of confidential information, and the need for robust security measures to protect such data.
