Lawyers 'selling Secret Rta Data'
The Sun Herald
Saturday April 30, 1994
LAWYERS with official access to confidential computer data on NSW drivers are accused of corruptly selling information to private investigators hunting runaway debtors.
Allegations that some are abusing their special privileges have been made by a Roads and Traffic Authority (RTA) employee who was sacked for similar offences.
The man, Stephen Wayne Musgrave, a former clerk in the RTA's adjustments section, has named at least 10 Sydney solicitors he says are involved in the rort.
Lawyers can obtain RTA data by saying it is needed in connection with a third party personal injury claim. Requests faxed in with a law office letterhead are answered automatically.
According to Musgrave unscrupulous solicitors are charging their private eye "clients" $34 a time for information - usually the current address of a car owner.
The RTA charges the lawyers a standard $17 fee.
Musgrave, who has remained friendly with many former associates at the RTA, said it was not uncommon for a crooked lawyer to ask for data on as many as 100 different drivers in a week.
A senior NSW Law Society official, Mike Richardson, said it was ridiculous to believe that a law firm would handle so many third party actions.
He said that while the Law Society was not aware of solicitors abusing their right to RTA information, it would investigate the allegations.
"We obviously would like the person making them to supply us with the names of those he claims are involved," Mr Richardson said.
One of Sydney's leading private investigators confirmed the scandal although insisting he remain anonymous to preserve his own "legal" pipeline to the RTA computer.
He said the unethical lawyers had become a popular illegal source of such information since an Independent Commission Against Corruption (ICAC)investigation into the unauthorised release of confidential records began in May 1990.
This largely had dried up the previous supply lines to corrupt RTA employees.
Musgrave was named in ICAC Assistant Commissioner Adrian Roden's 1992 Operation Tamba report. It investigated the leaking of criminal records obtained from police computers as well as confidential data from other public agencies.
The RTA acted on a recommendation in the report that Musgrave, an employee for 21 years, be dismissed. An appeal against the severity of the discipline was rejected.
Besides losing his superannuation entitlements Musgrave also was hit with a Taxation Department demand for almost $70,000 in back taxes and penalties.
Reports of the continued unauthorised release of confidential information concern NSW Ombudsman David Landa.
He said that despite the publicity of the ICAC inquiry "it does not appear from the complaint figures (to his office) that the practice has abated".
Although the Operation Tamba inquiry began in May 1990 and the report was released in August 1992 he said his office received 186 complaints in 1992/93 and a further 117 in the 10 months to the end of March this year.
He is particularly critical of continued leaks from the NSW police computer, saying the majority of complaints against police officers are dealt with as minor disciplinary issues.
This generally amounted to having the officer "counselled".
The Police Service recently rejected Mr Landa's recommendation that anyone accessing computer information should be forced to log in the reason before it is supplied.
"I have no doubt (it) would assist in reducing the incidence of improper access to and use of confidential information," the Ombudsman said.
© 1994 The Sun Herald