CONTRACTORS shamed by the Independent Commission Against Corruption for paying bribes to RailCorp managers are back on the tracks - some even working for RailCorp again.
Less than two years after the seventh ICAC report into bribery and fraud on Sydney's rail system, at least five individuals - all of whom still face possible criminal charges - are again making their living from government-owned rail companies.
The system of backhanders, false job dockets and even theft that contractors entered into with corrupt RailCorp managers cost NSW taxpayers almost $20 million before it was exposed in 2007.
A Sun-Herald investigation has found that some contractors have been able to get back on the gravy train by subcontracting to larger firms while others have sold their businesses to family and associates and either continue to benefit or work directly as an employee.
To the anger of reputable contractors, both RailCorp and Transport Minister John Robertson - and even his predecessor David Campbell - are aware of the situation.
After receiving questions from The Sun-Herald, Mr Robertson and RailCorp have referred the matter back to ICAC for further investigation.
The allegations include:
Contractor Brett Schliebs, who infamously clocked on for work from a lingerie restaurant called Twin Peeks, is working as a site manager for the federal government's Australian Rail Track Corporation.
Nat "The Bobcat" Severino, an excavation specialist, has been working for RailCorp via a subcontracting arrangement with giant infrastructure firm John Holland.
Bill Kuipers, who paid bribes for the inside running on lucrative trackwork contracts, sold his business to Adept Civil, which works for RailCorp through a subcontracting arrangement with Infraworks but was kept on the payroll for two years as a "consultant".
Adam Azzopardi, who sold most of his machinery to his brother Kevin who contracts to RailCorp, does work in rural and regional NSW on ARTC sites.
The Sun-Herald is aware of a fifth contractor who is said to have been working on the southern Sydney freight line in a subcontracting arrangement with Downer EDI.
The Civil Contractors Federation is furious that shamed contractors have been able to find loopholes to get back into the lucrative system of trackwork.
"The Civil Contractors Federation is horrified at the number of cowboy and phoenix firms working for both the state and federal governments," federation chief executive David Elliott said.
"We have raised this with the NSW Minister John Robertson, whose response has been simply that he thinks there should be an 'increasing awareness' of misrepresentation.
"Like a stolen car, these firms are often
're-birthed' by operators who sell their plant and equipment to relatives and friends at well below market rate in order to stay in business. The 'new' contractor is then able to tender for government projects safe in the knowledge that they will get through any probity check."
RailCorp said it was not aware that Nat Severino's company, Nat's Earthworks, had been engaged.
He invoiced John Holland for work at a RailCorp work site at Lawson in the Blue Mountains in February. A John Holland employee with access to his invoices told The Sun-Herald: "Looks like he's done a lot of work", including invoices specific to rail work.
"In accordance with [RailCorp] policy, Mr Nat Serevino does not hold a valid RISI card and is not an approved supplier to RailCorp," a spokesman said. "RailCorp informed Mr Severino in a meeting in June 2009 that he was not suitable to work for RailCorp. The allegation that Mr Severino has worked at a RailCorp site without a valid RISI card is serious and will be investigated."
RailCorp also said Mr Kuipers had not been allowed on site and that the company he sold his business to, Adept Civil, and kept working for, had not been subject to adverse findings by ICAC.
ARTC said it was not aware that Brett Schliebs or Adam Azzopardi had carried out work through other companies.
When approached by The Sun-Herald, Mr Azzopardi confirmed he had sold his machinery to his brother but said he was unemployed. His house at Berkshire Park in Sydney's west still serves as a second depot for his brother's company, Azbuild, but it is not suggested that he works for Azbuild.
A number of rail contractors said he had been seen picking up machinery from Azbuild and using it in regional areas.
Corruption cancer eating RailCorp alive
SEVEN reports, months of hearings, hundreds of hours of investigation, the involvement of some of the state's finest legal minds and who knows how many taxpayer dollars spent.
What was the point?
The ICAC crusade against the corruption cancer eating RailCorp alive has been made to look like a farce. An act of window dressing.
What was the point of weeding out the crooked contractors only to allow them to weasel their way back into earning their living from public funds, whether directly or indirectly?
RailCorp will play dumb and insist that all contractors shamed by ICAC were stripped of their ticket and banned from site.
That may be the case but it is clear for anyone to see that the system stinks when all it takes for dodgy operators to resume their lucrative trade is by selling out, changing business names, subcontracting to a larger conglomerate or switching location from city to country.
There should be no demarcation between state-funded or federally owned railways when it comes to keeping the corrupt off the tracks.
There was nothing sophisticated about the scams entered into by these contractors.
Brett Schliebs was paid to manage a work site while enjoying an erotic lunch at Twin Peeks.
Bill Kuipers had the hide to insist he was just helping out a friend when he funnelled $510,000 to RailCorp manager and pokie addict Renea Hughes, pocketing $123,000 for himself in the process.
This problem does not need a sophisticated solution, just a bit of political will and the co-operation of the state-owned rail companies.
That's probably too much to expect in NSW in 2010.
Frequently Asked Questions about this Article…
What is the story about shamed rail contractors being back at work on Sydney’s rail projects?
The article reports that several contractors who were named in ICAC investigations for bribery and fraud on Sydney’s rail system have returned to rail work. Less than two years after the seventh ICAC report exposed the corruption, at least five individuals who still face possible criminal charges are reportedly finding ways to continue working for government-owned rail companies either directly or indirectly.
Which contractors and companies are specifically mentioned as being involved or affected?
Named contractors include Brett Schliebs, Nat “The Bobcat” Severino, Bill Kuipers and Adam Azzopardi. Companies and organisations mentioned are RailCorp, the federal Australian Rail Track Corporation (ARTC), John Holland, Adept Civil, Infraworks, Downer EDI, and the Civil Contractors Federation. The story also references Transport Minister John Robertson and ICAC (Independent Commission Against Corruption).
How did shamed contractors reportedly get back into rail work despite ICAC findings?
According to the article, contractors have returned to rail work by subcontracting to larger firms, selling businesses or plant to family or associates, changing business names, moving location (city to country), or becoming employees or consultants of other firms. The Civil Contractors Federation described this as phoenixing and using loopholes to bypass probity checks.
What financial impact did the bribery and fraud scheme have on taxpayers?
The article states the system of backhanders, false job dockets and theft that contractors entered into with corrupt RailCorp managers cost NSW taxpayers almost $20 million before it was exposed in 2007.
How have RailCorp and other authorities responded to allegations that shamed contractors are working again?
After questions from The Sun‑Herald, RailCorp and Transport Minister John Robertson referred the matter back to ICAC for further investigation. RailCorp said it was not aware of some engagements, noted certain individuals were not approved suppliers or did not hold valid RISI cards, and said some companies involved had not been the subject of adverse ICAC findings. ARTC said it was not aware that some named individuals had carried out work through other companies.
What is the Civil Contractors Federation’s view on these contractors returning to rail work?
The Civil Contractors Federation expressed anger and concern. CEO David Elliott said the federation is horrified at the number of ‘cowboy and phoenix firms’ working for state and federal governments and criticised probity loopholes that allow operators to re‑emerge by selling plant and equipment to relatives or friends at under market rates.
Does the article say what ICAC has done and what might happen next?
The article references ICAC’s seventh report into bribery and fraud on Sydney’s rail system and notes that RailCorp and the Transport Minister have referred the new concerns back to ICAC for further investigation. It indicates ICAC previously produced extensive reports and hearings exposing the corruption.
What should everyday investors watch for in news about rail contractors, corruption and government oversight?
Based on the article, everyday investors may want to watch for stories about probity checks, subcontracting arrangements, government and regulator responses (like ICAC investigations), and reputational or governance issues at state‑owned and federal rail entities. The article highlights how governance gaps and loopholes can allow previously sanctioned contractors to re‑enter the sector, which may be relevant to investors tracking risk and oversight in infrastructure contracting.