Director of Public Prosecutions v Tzimas
[2015] VCC 308
•18 March 2015
| IN THE COUNTY COURT OF VICTORIA | Revised Not Restricted Suitable for Publication |
AT MELBOURNE
CRIMINAL DIVISION
Case No. CR-14-02021
CR-14-02026
CR-14-02024
CR-14-02022
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| GEORGE TZIMAS |
| and |
| CONSTANTIN ALAVERAS |
| and |
| KONSTANTINOS PATRIKAKOS |
| and |
| JIM RIGOGIANNIS |
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JUDGE: | HIS HONOUR JUDGE SMITH | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 18 February 2015 | |
DATE OF SENTENCE: | 18 March 2015 | |
CASE MAY BE CITED AS: | DPP v Tzimas & Ors | |
MEDIUM NEUTRAL CITATION: | [2015] VCC 308 | |
REASONS FOR SENTENCE
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Subject: Criminal law - sentence
Catchwords: Dishonestly influence a public official – Obtain financial advantage by deception
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APPEARANCES: | Counsel | Solicitors |
| For the DPP (Cth) | Ms T Tran | Commonwealth Department of Public Prosecutions |
| For the Accused Tzimas | Mr N Papas QC with Ms M Tait | Kiatos & Co. |
| For the Accused Alaveras | Ms A Burt | Patrick W. Dwyer |
| For the Accused Patrikakos | Mr K Oldis | Valos Black & Associates |
| For the Accused Rigogiannis | Ms S Hinchey | Thomson Geer |
HIS HONOUR:
1 George Tzimas, Constantin Alaveras, Konstantinos Patrikakos and Jim Rigogiannis, you have each pleaded guilty to various charges brought under the Commonwealth Crimes Act and the Victorian Crimes Act.
The offending
2 In 2010, there was a Commonwealth Government program in place whereby employers were provided with financial incentives to train employees under an Australian Apprenticeship System.
3 In broad terms, an employer entered into an training contract in relation to one or more of its employees, entered into a training agreement with a Registered Training Authority and arranged for those employees to obtain training in a particular field. Such training contracts were required to be registered.
4 Once a training contract was registered, the employer became eligible for payment of a commencement incentive in the sum of $1,500 per trainee and, on completion of the training, a completion incentive in the sum of $2,500 per trainee. In addition, where such training had been completed, the Victorian Government also offered and paid to employers a completion bonus of $1,300 per trainee.
5 The purpose of the program was plainly to encourage persons or companies to employ people and to train them in work skills. On any view, such a program was commendable and valuable for persons who had struggled to find employment and had few work skills or experience.
6 Elite Professional Services Pty Ltd, which traded as “The Regal Ballroom” – conducted a business facilitating weddings and other social functions. Mr Tzimas, was a director of Elite. Mr Patrikakos was the manager of the ballroom business.
7 The Pankoaki Brotherhood of Victoria Inc. was a social club primarily catering for the Greek community of Melbourne. Mr Alaveras was the president of the Brotherhood committee and a signatory to the Brotherhood’s bank account.
8 The Brotherhood and Elite were separate entities. They both provided social facilities utilized principally by members of the Greek community. They occupied adjoining premises in Northcote.
9 Mr Rigogiannis was a self-employed trainer in the hospitality industry. He had previously been employed by Melbourne Eastern Group Training (“MEGT”), which was an approved Australian apprenticeship centre. In 2010, although he was no longer employed by it, he had maintained a number of contacts with personnel at MEGT.
10 Broadly, the offences for which I am required to sentence each of you involved the claiming of commencement and completion incentive payments from the Commonwealth and Victoria by both Elite and the Brotherhood in circumstances where neither was entitled to such payments.
11 Training contracts were signed on behalf of both Elite and the Brotherhood and by various persons purporting to be employees of one or other of those entities. In reality, those persons were not employees and no training was ever provided to them.
12 In early April 2010, Mr Alaveras, Mr Patrikakos and Mr Rigogiannis signed up a number of so-called “trainees” as part of the incentive scheme. Your conduct involved false representations to MEGT that the Brotherhood was an employer of some 20 individuals. In fact, the Brotherhood employed none of them. In fact the Brotherhood employed no-one at all. Your intention in filing the training contracts was to influence MEGT into believing that the contracts were genuine, and to have the contracts registered, thus rendering the Brotherhood eligible for payments of the various incentives available.
13 As a consequence of your conduct, an amount $64,500 was paid by the Department of Education, Employment and Workplace Relations to the Brotherhood and a further $10,400 was paid by Skills Victoria to the Brotherhood.
14 In September 2010, Mr Patrikakos, Mr Rigogiannis and Mr Tzimas purported to sign up some 19 individuals as trainees as part of the program on the basis that Elite was their employer. Their intention likewise was to influence MEGT into believing the contracts and their content were genuine. This resulted in the registration of the training contracts and, as a consequence, Elite became eligible for payment of the various incentives payable under the program.
15 As a consequence of that conduct, $59,000 was paid by the Department to Elite.
16 Each of you performed differing roles in what I consider was a deliberate and co-ordinated rorting of that program.
17 In the summary of facts that was tendered by the Commonwealth DPP, a detailed account of the role played by each of you was set out. Counsel appearing for each of you acknowledged that that summary was accurate. In short, the involvement of each of you was as follows:
Mr Tzimas
18 You were a director of Elite. You had access to the employment records of that company.
19 You signed all training contracts as the employer representative of Elite – on 19 occasions.
20 You signed a declaration acknowledging that the information contained in the documents was true and correct when you knew it was not.
21 You provided details of Elite’s bank account to enable the deposits of commencement and completion incentive payments into Elite’s bank account.
Mr Alaveras
22 You were the president of the Brotherhood. You signed 20 training contracts purporting to be the employer representative of the Brotherhood.
23 You signed a declaration that the contents of the documents were true and correct.
24 You provided the Brotherhood’s bank account details to enable the deposit of incentive payments to be made by the Department to it.
25 Out of the proceeds of those incentive payments, you signed cheques for various amounts made payable to Mr Rigogiannis, Mr Tzimas, Mr Patrikakos and for cash endorsed to yourself.
Mr Patrikakos,
26 You were the manager of The Regal Ballroom and purported to be the recruiter of the trainees who signed training contracts relating to it. You knew those named trainees as persons who had previously done some casual work at the ballroom or as individuals who had tried to seek jobs there.
27 You signed claim forms after three months purporting to be the employer and authorised representative of the Brotherhood. You signed declarations purporting to be the employer or authorised representative.
28 You signed further claim forms after six months purporting to be the employer or authorised representative of the Brotherhood to claim completion incentive payments on its behalf.
29 You yourself signed a training contract knowing it contained false information.
Mr Rigogiannis
30 You had previously worked at MEGT and were aware of the eligibility requirements under the program and the processes involved in lodging contracts and, later, claim forms.
31 You provided information regarding the so-called employers and trainees to MEGT. You were the direct link to MEGT. You knew several of the personnel who worked there.
32 You were also a direct link to the registered training organisation, MRP International, which purported to deliver training to trainees.
33 In relation to the Elite training contracts, you were nominated as the registered training officer and signed a number of supporting documents in that capacity. It appears that no such training was provided during the time that the so-called trainees were enrolled.
Sentences
34 I have had regard to the general sentencing principles set out in Division 2 Part 1B of the Commonwealth Crimes Act and in particular to the provisions of s16A of that Act. I am required to impose a sentence that is of severity appropriate in all the circumstances of the offence or in this case offences.
35 Pursuant to s16A of the Commonwealth Crimes Act 1914, I am required to impose a sentence and take into account a number of different matters:
·the nature and circumstances of the offence;
·any loss resulting from the offence;
·the degree to which the person has shown contrition for the offence;
·the fact that the person has pleaded guilty to the offence;
·the degree to which the person has co-operated with the law enforcement agencies;
·the deterrent effect that any sentence may have on the person involved;
·the need to ensure that the person is adequately punished for the offence;
·the character, antecedents, age, means and physical or mental condition of the person; and
·the prospects of rehabilitation of the person;
·the deterrent effect on other members of the community or general deterrence.
36 Section 17A(1) of the Crimes Act provides that a Court shall not pass a sentence of imprisonment on any person for a Federal offence unless the Court, after having considered all other sentences, is satisfied that no other sentence is appropriate in all of the circumstances of the case.
37 In relation to the charges brought against Mr Patrikakos, Mr Alaveras and Mr Rigogiannis, pursuant to s82(1) of the Victorian Crimes Act 1958 (Vic), there is a similar provision set out in s5(4) of the Sentencing Act 1991 and similar general sentencing guidelines set out earlier in s5 of the Victorian Act..
38 I have taken into account, in particular:
(a)The nature and gravity of the offences in question. These offences are serious. There is no suggestion that they were spur of the moment decisions or misjudgements. They were carefully planned and repeated acts. Although the precise motivation for the behaviour of each of you is not clear, it is difficult to avoid the conclusion that at least a motivating factor in each of your cases, was to either profit yourselves or the organisations with which you were involved, at the expense of the Commonwealth and the State of Victoria;
(b)The fact that you each pleaded guilty; and
(c)The fact that you have each shown some remorse, and I say some, and I will come back to that later, concerning your offending.
39 Counsel representing each of you made submissions to me, that, having regard to all of the circumstances, there were sentences other than a sentence of imprisonment that were appropriate. With some reservations, I have accepted those submissions.
40 I have determined that, in each of your cases, it is appropriate that you be convicted in relation to each of the offences with which you are charged and sentenced, on an aggregate basis, to one or more Community Correction Orders. I do not intend to attach to such Orders conditions other than those set out in s45 of the Sentencing Act which are mandatory, together with an order that you perform unpaid community work, not exceeding 300 hours. In those circumstances, I note that it is not a prerequisite for a pre-sentence report to be obtained.
41 Each of you, in the context of sentencing considerations, have a number of similarities.
42 You are all aged in your late fifties or early sixties.
43 You are all of Greek origin or parentage. You have all resided in Australia for many years.
44 You were all considered to have been of good character prior to these offences. Only Mr Alaveras has prior convictions to which I will refer later.
45 A number of character references from persons who have known you for many years were tendered. There is a similarity in relation to them. I accept for the purposes of sentencing you, that you are all persons who have been held in high regard in the Greek community in Melbourne. You have all made contributions to that community and generally on an honorary basis.
46 I note that each of you have indicated through your Counsel that orders for restitution of the amounts involved are applicable.
47 I accept that each of you has shown, to some extent, remorse for your offending. I consider that the prospects of rehabilitation for each of you are good. I think it is unlikely that any of you will reoffend in the future. You have each deservedly suffered from a loss of reputation in your community and considerable shame and embarrassment.
48 Counsel for the DPP submitted, and I accept, that principles of general deterrence are of significance here. Each of you effectively took part in a scheme to defraud the Commonwealth and State Governments.
49 Counsel for the DPP has conceded that there has been considerable delay between the commission of these offences and the bringing of charges against you and your appearances in Court in relation to them. This has enabled each of you, with the exception of Mr Alaveras, to demonstrate that in that period you have been capable of behaving properly and in accordance with the law. I take into account that all of you have had these matters hanging over your heads for a considerable time. It is nearly five years since the offending conduct.
50 Each of you played what I consider an integral role in what I have described as a rorting of the scheme. It is not clear, on the evidence before me, as to who was the architect was of that rorting. On the material before me, I am not able to distinguish between the culpability of the respective roles played by each of you. I am left with the conclusion that each of you should be regarded as bearing the same culpability and responsibility for that rorting.
51 I accept that each of you have shown a degree of contrition and remorse, as evidenced by your pleas of guilty, although none of those pleas could be considered to have been made at the earliest opportunity, they are each, nevertheless, of significant utilitarian benefit. Your pleas of guilty have saved the Court and the community the time and expense of a trial and more importantly have negated the necessity for many witnesses to have come to Court and given evidence.
George Tzimas
52 George Tzimas, you are convicted of the following offences:
(a)Two counts of dishonestly influencing a public official in the exercise of the official’s duties as a public officer contrary to s135.1(7) of the Criminal Code 1995. The second of those counts was a rolled up count of 19 charges, relating to the various contracts submitted. The maximum penalty for that offence is imprisonment for five years.
(b)One count of obtaining a financial advantage by deception contrary to s134.2(1) of the Criminal Code. This again is a rolled up count of some 30 charges relating to the number of training contracts involved. The maximum penalty for such an offence is imprisonment for ten years.
53 Reports from Paola Piccione, a psychologist, dated 22 January 2015 and Ms Carla Lechner, also a psychologist, dated
29 December 2014 were tendered on your behalf.
54 Ms Lechner describes you as a highly anxious and depressed man, withdrawing from social contact. She noticed a previous alcohol problem and considered there was some risk of you relapsing back into alcohol abuse. She noted you expressed deep shame and embarrassment caused by your offending. She considered that you were at a low risk of re-offending.
55 Ms Piccione noted you were at risk of developing a Major Depressive Disorder.
56 Can I say at the outset in relation to these penalties, I will announce them in the context that these are what I propose to order, what I would like to order. If, in the long run, counsel as a whole and in particular counsel for the prosecution indicates that what I am ordering is simply not possible in accordance with the legislation, then I will hear some further submissions from you. What I intend to order in relation to Mr Tzimas is:
57 In respect of the two counts of dishonestly influencing a public official in breach of s135.1(1) of the Commonwealth Criminal Code and the offence of obtaining a financial advantage by deception in breach of s134.2(1) of the Code, you are sentenced on an aggregate basis to a Community Correction Order of two years' duration, commencing today. I order that you perform 300 hours of unpaid community work during the period of that Order.
58 The conditions set out in s45 of the Sentencing Act 1991 are, as I understand it, mandatory and will apply to all community corrections orders. That is, and they are applicable to the other defendants or accused in this case and they should take note. Those mandatory terms are:
· that you must not commit, whether in or outside Victoria, during the period of the Order, an offence punishable by imprisonment;
· that you must comply with any obligations or requirements prescribed by the regulations;
· that you must report to and receive visits from the Secretary (that is, the Secretary to the Department of Justice) during the period of the Order;
· that you must report to the community corrections centre that is specified in the Order, it applicable to each of you (in Mr Tzimas' case, that is at Carlton) you must report to that centre within two clear working days after this Order comes into effect, as at today, two clear working days from today;
· you must notify the Secretary of any change of address or employment within two clear working days after that change;
· you must not leave Victoria except with the permission, either generally or in relation to a particular case, of the Secretary;
· you must comply with any direction given by the Secretary that is necessary for the Secretary to give to ensure that you comply with the Order.
59 Can I say in case it is not clear, if you were to go to Albury you would have left Victoria.
Constantin Alaveras
60 You are convicted of the following offences:
(a) one count of dishonestly influencing a public official in the exercise of the official’s duties as a public official contrary to s135.1(7) of the Criminal Code 1995. This was a rolled up count of 20 charges, relating to the various trainee contracts submitted. The maximum penalty for that offence is imprisonment for five years.
(b)one count of obtaining a financial advantage by deception contrary to s134.2(1) of the Commonwealth Criminal Code. This was a rolled up count of 33 charges. The maximum penalty for such an offence is imprisonment for ten years.
(c)one count of obtaining a financial advantage by deception contrary to s82(1) of the Crimes Act 1958 (Vic) – that relates to the State Government (Skills Victoria) matters. The maximum penalty for that offence is imprisonment for ten years.
61 A report by Mr Jeffery Cummins, psychologist, dated 19 January 2015 was tendered on your behalf. I note with some real concern that in January of this year you told Mr Cummins that you did not knowingly commit any offence; that you had limited comprehension of the documents you signed; that you obtained no financial benefit from your offending. You maintained to Mr Cummins that
Mr Patrikakos and Mr Rigogiannis had attempted to implicate you in these matters and to shift the blame onto you.
62 That history is significantly at odds with the prosecution opening which your counsel informed me that you accepted as accurate. You were present in April 2010 at the sign up of the 20 so-called “trainees”, all said to be employees of the Brotherhood. You signed the 20 training contracts when you must have known that the contents were untrue. You knew full well that the Brotherhood had no employees. All mail regarding the contracts was directed to be sent not to the premises occupied by the Brotherhood but to 278 High St Northcote - the address of a video store operated by your wife and son. You provided the Brotherhood’s bank account details to enable deposits of incentive payments to be made into that account. You paid cheques to Mr Patrikakos. Mr Rigogiannis and Mr Tzimas, totalling $37,000, purportedly without knowing what those payments were for.
63 Your denials to Mr Cummins as recently as January this year that you had knowingly done anything wrong gives rise to a strong concern that you have no remorse at all in respect of your offending.
64 As previously stated you have prior convictions, they go back to 1976, 1982 and 1993. Further, some considerable time after the current offences, in September 2013, you pleaded guilty to charges of obtaining property by deception and of obtaining a financial advantage by deception. You were convicted and sentenced to a 12 month community correction order with a condition that you perform 200 hours of community work which you have apparently completed. You told Mr Cummins that you only pleaded guilty to those offences “because of the politics of the Brotherhood”. I regard that as demonstrating little if any remorse in respect of those offences.
65 Mr Cummins was of the opinion that you suffer from an Adjustment Disorder with mixed Anxiety and Depressed Mood relating back to your suffering from shingles and a neuralgia which symptoms appear to have become chronic as a consequence of the current charges and legal proceedings.
66 I was deeply concerned about your apparent lack of remorse and your other convictions relating to dishonesty. Nevertheless, I have concluded that your culpability for the current offences is probably no more than your co-accused and that principles of parity should apply. I should, however, tell you that you have only narrowly avoided a gaol sentence.
67 In respect of the offence of dishonestly influencing a public official in breach of s135.1(1) Criminal Code and the offence of obtaining a financial advantage by deception in breach of s134.2(1) of that Code, you are sentenced on an aggregate basis to a community correction order of two years' duration, commencing today. I order that you perform 300 hours of unpaid community work during the period of that Order.
68 The conditions set out in s45 of the Sentencing Act 1991, to which I have previously referred, are mandatory and will apply.
69 In respect of the offence of obtaining a financial advantage by deception in breach of s82(1) of the Victorian Crimes Act, you are sentenced to a community correction order of one year's duration, commencing today. I order that you perform 150 hours of unpaid community work during the period of the Order.
70 The conditions set out in s45 of the Sentencing Act 1991 will also apply to that Order.
71 I direct that those two community correction orders be served concurrently along with the conditions relating to unpaid community work. In case of any doubt, I intend that the total hours of unpaid community work to be performed by Mr Alaveras will be 300.
Konstantinos Patrikakos
72 You are convicted of the following offences:
(a)Two counts of dishonestly influencing a public official in the exercise of the official’s duties as a public official contrary to s135.1(7) of the Criminal Code 1995. These were rolled up counts of some 20 charges and 19 charges respectively. The maximum penalty for that offence is imprisonment for five years.
(b)Two counts of obtaining a financial advantage by deception contrary to s134.2(1) of the Commonwealth Criminal Code. They were rolled up counts of some 33 and 30 charges respectively. The maximum penalty for such an offence is imprisonment for ten years.
(c)One count of obtaining a financial advantage by deception contrary to s82(1) of the Victorian Crimes Act 1958 (Vic). The maximum penalty for that offence is imprisonment for ten years.
73 Your counsel described you as a minion of your co-accused and merely a part-time manager of the waiting staff at the ballroom. I do not accept those submissions.
74 The prosecution summary, with which you, through your counsel, specifically agreed, described you as the manager of Elite’s ballroom. It recites that you recruited the so-called “trainees” who signed training contracts. You knew the trainees as persons who had performed some casual work at the ballroom or had applied for work at the ballroom. You knew they were not employed by it. You signed claim forms after the three month and six month periods when you knew that none of the trainees had worked for Elite or received any training in those periods.
75 Your counsel submitted that the sentence imposed on Ms Kasso, who was an employee of MEGT, who had signed various declarations, had previously been sentenced to, as I understood it, a good behaviour bond. It was submitted that her sentence had relevance in terms of parity to your own. From the limited information that I have concerning Ms Kasso, it would appear that she performed a far lesser role in this rorting than you and, for that matter, each of your co-accused.
76 You are sentenced as follows:
77 In respect of the two counts of dishonestly influencing a public official in breach of s135.1(1) Criminal Code and the two counts of obtaining a financial advantage by deception in breach of s134.2(1) of the Code, you are sentenced on an aggregate basis to a community correction order of two years' duration, commencing today. I order that you perform 300 hours of unpaid community work during the period of that Order.
78 The conditions set out in s45 of the Sentencing Act 1991, to which I have previously referred, are mandatory and will apply.
79 In respect of the offence of obtaining a financial advantage by deception in breach of s82(1) of the Victorian Crimes Act, you are sentenced to a community correction order of one year's duration, commencing today. I order that you perform 150 hours of unpaid community work during the period of that Order.
80 The conditions set out in s45 of the Sentencing Act 1991 will also apply to that community correction order.
81 I direct that the two community correction orders be served concurrently along with the conditions relating to unpaid community work. In case of any doubt, I intend that the total hours of unpaid community work to be performed by Mr Patrikakos will be 300.
Jim Rigogiannis
82 You are convicted of the following offences:
(a)Two counts of dishonestly influencing a public official in exercise of the official’s duties as a public official contrary to s135.1(7) of the Criminal Code 1995. These were rolled up counts of 20 charges and 19 charges respectively. The maximum penalty for that offence is imprisonment for five years.
(b)Two counts of obtaining a financial advantage by deception contrary to s134.2 of the Criminal Code. These were rolled up counts of some 33 and 30 charges respectively. The maximum penalty for such an offence is imprisonment for ten years.
(c)One count of obtaining a financial advantage by deception contrary to s82 of the Victorian Crimes Act 1958 (Vic). The maximum penalty for that offence is imprisonment for ten years.
83 You pleaded guilty a little earlier than your co-accused. You offered to plead guilty at a time prior to the committal hearing. That is to your cred.
84 Your counsel tendered a large number of written character references on your behalf. I accept that you have for many years been regarded as a person of good repute and have made many contributions to charitable organizations. I accept that you are a person who is unlikely to re-offend. Nevertheless, I consider that your culpability is no less than your co-accused. Your connections with MEGT and your knowledge of the way that the scheme functioned was integral to the rorting of it. Without you, I suspect the scheme would not have been rorted in the way that it was by the ballroom and by the Brotherhood.
85 In respect of the two counts of dishonestly influencing a public official in breach of s135.1 and the two counts of obtaining a financial advantage by deception in breach of s134.2 of the Code, you are sentenced on an aggregate basis to a community correction order of two years' duration, commencing today. I order that you perform 300 hours of unpaid community work during the period of that Order.
86 The s.45 conditions will apply to that order also.
87 In respect of the offence of obtaining a financial advantage in breach of s82 of the Victorian Crimes Act, you are sentenced to a community correction order of one year's duration, commencing today. I order that you perform 150 hours of unpaid community work during the period of the Order.
88 The conditions set out in s45 of the Sentencing Act 1991 will also apply.
89 I direct, as I have for the previous accused, that the two community correction orders be served concurrently.
90 In case of any doubt, I intend that the total hours of unpaid community work to be performed by Mr Patrikakos will be 300 hours.
91 Pursuant to s6AAA of the Sentencing Act, I declare that had any of you pleaded not guilty and been convicted of these offences, I would have sentenced you to an total effective term of imprisonment of one year.
Restitution
92 I take it restitution orders are sought?
93 MS TRAN: Yes, Your Honour, reparation orders. I indicated to your associate that payment should be to the Department of Industry. I am instructed it should be made out the Department of Education and Employment.
94 HIS HONOUR: That is in respect of the Commonwealth restitution?
95 MS TRAN: Yes, Your Honour.
96 HIS HONOUR: Department of Education and Employment.
97 MS TRAN: Thank you, Your Honour.
98 HIS HONOUR: As I see it, those liable to make restitution to the Commonwealth or to the Commonwealth Department of Education and Employment, correct me if I am wrong, but that would be all four?
99 MS TRAN: All four, Your Honour. It might be prudent to separate the figures, in terms of, for example, the Brotherhood being the sum of $64,500 with respect to Mr Alaveras, Mr Patrikakos and Mr Rigogiannis. Then for the Regal Ballroom, or Elite, $59,000.
100 HIS HONOUR: Just pause for a moment. Just take it by accused, I think. Who were the three you mentioned?
101 MS TRAN: Mr Alaveras, Patrikakos and Mr Rigogiannis.
102 HIS HONOUR: Yes. That would be the sum of $64,500?
103 MS TRAN: Yes, sir.
104 HIS HONOUR: Mr Tzimas?
105 MS TRAN: In respect of Mr Tzimas, Mr Patrikakos and Mr Rigogiannis, the sum of $59,000.
106 HIS HONOUR: Why have I got here $59,800, is that because I have made an error, or because - - -
107 MS TRAN: I am not sure. Excuse me and I will double check. It is the $800 with respect to his own contract and the incentive he received from his earlier individual contract.
108 HIS HONOUR: Who is that, Mr?
109 MS TRAN: Mr Tzimas.
110 HIS HONOUR: Mr Tzimas?
111 MS TRAN: Yes, on his own.
112 HIS HONOUR: What orders do you seek in effect? Just a flat $59,000 for the three of them?
113 MS TRAN: Yes, Your Honour, they were my instructions.
114 HIS HONOUR: That is also to the Commonwealth?
115 MS TRAN: Yes, it is, Your Honour, Department of Education and Employment.
116 HIS HONOUR: Yes and in relation to the State of Victoria?
117 MS TRAN: I have no instructions in that regard, Your Honour.
118 HIS HONOUR: What is the total amount involved there anyhow, 10.4 is it, $10,400?
119 MS TRAN: $123,500, Your Honour.
120 HIS HONOUR: Can that be right? The State of Victoria?
121 MS TRAN: State of Victoria, my apologies, Your Honour, it is $10,400.
122 HIS HONOUR: Yes. Who would be - - -
123 MS TRAN: Skills Victoria.
124 HIS HONOUR: Yes, I appreciate that, but would that be applicable for all four?
125 MS TRAN: No, Your Honour, that would only be for Mr Alaveras, Patrikakos and Rigogiannis.
126 HIS HONOUR: The form of the order in each case would simply be that - well by example that Mr Alaveras, Mr Patrikakos and Mr Rigogiannis pay restitution in the sum of $64,500 to the Commonwealth Department of Education and Employment?
127 MS TRAN: Yes, Your Honour.
128 HIS HONOUR: That would be a suitable form?
129 MS TRAN: That would be a suitable form, sir, thank you.
130 HIS HONOUR: I will make that order. Secondly, I will make an order that Mr Tzimas, Mr Patrikakos and Mr Rigogiannis pay restitution to the Commonwealth Department of Education and Employment in the sum of $59,000.
131 MS TRAN: Yes, Your Honour.
132 HIS HONOUR: Thirdly, I will order that Mr Alaveras, Mr Patrikakos and Mr Rigogiannis pay restitution in the sum of $10,400 to Skills Victoria. Is Skills Victoria still a currently operating entity?
133 MS TRAN: Would Your Honour excuse me and I will take those instructions. Your Honour, we are uncertain at this point in time.
134 HIS HONOUR: If it is not, if it has happened to have slipped out of existence as a consequence of some change of government or the like, it would be understood that the restitution would be made to the State of Victoria.
135 MS TRAN: It would most likely be the Department of Education.
136 HIS HONOUR: Who knows?
137 MS TRAN: Who knows.
138 HIS HONOUR: I think in the circumstances of the case, I will order that that restitution be made to the State of Victoria.
139 MS TRAN: Thank you, Your Honour.
140 HIS HONOUR: Are there any other matters that I need attend to?
141 MS TRAN: I might be jumping the gun, Your Honour, the court is obliged just to explain the non-compliance of any breach of the CCOs made by Your Honour.
142 HIS HONOUR: These comments are directed to all four of you. You have each effectively been sentenced to one or more community corrections orders but they are to be served concurrently, so the orders will endure for a period of two years from today. The only conditions that I have attached to them are that you carry out unpaid community work. Mr Alaveras will have had some experience in that previously, but the others probably will not have.
143 What is involved is, firstly, reporting to the relevant office of Corrections Victoria, which will be set out in the individual community corrections order applicable to each of you separately. I think I said before in the case, I think, of Mr Tzimas, it is the Carlton office and the address is set out in the order. I am just not sure at the moment as to the remainder, but each of you will know clearly by looking at the order where you must report to within two days. You will then be given further directions about the performance of unpaid community work, where you have got to be, what sort of work it will involve and the like.
144 As I say, Corrections Victoria will know that the effect of the order is that you must perform 300 hours over the next two years. Should you breach that order, either by breaching one of the compulsory terms such as failing to report in, such as leaving Victoria without permission and the like, should you fail to complete the unpaid community work that I have directed, you will have breached the community corrections order and you will be liable to be punished for an offence on that account alone.
145 I can only order these community corrections orders if you consent. If you do not consent then I will not make those orders and I will go away and consider what penalty I will apply. Do each of you consent to a community corrections order in the terms that I have previously outlined? Perhaps take it one by one.
Mr Tzimas?
146 ACCUSED (TZIMAS): Yes.
147 HIS HONOUR: Mr Alaveras?
148 ACCUSED (ALAVERAS): Yes.
149 HIS HONOUR: Mr Patrikakos?
150 ACCUSED (PATRIKAKOS): Yes.
151 HIS HONOUR: Mr Rigogiannis?
152 ACCUSED (RIGOGIANNIS): Yes.
153 HIS HONOUR: Thank you.
154 I shall make an order that Mr Alaveras, Mr Patrikakos and
Mr Rigogiannis pay restitution in the sum of $64,500 to the Commonwealth Department of Education and Employment.
155 I shall make an order that Mr Tzimas, Mr Patrikakos and Mr Rigogiannis pay restitution to the Commonwealth Department of Education and Employment in the sum of $59,000.
156 I shall order that Mr Alaveras, Mr Patrikakos and Mr Rigogiannis pay restitution in the sum of $10,400 to Skills Victoria.
157 I have signed each of those orders and they are now required to be signed by each of you. Do counsel want to have a look at that?
158 COUNSEL: Yes, Your Honour, please.
159 HIS HONOUR: If any member of counsel wants to discuss those orders with their client, they are free to leave the Bench and do so.
160 (Restitution orders signed and acknowledged.)
161 (Community corrections orders signed and acknowledged.)
162 I note that each of those orders has been signed, firstly by myself and secondly by each of the individual convicted men.
163 They are free to leave.
164 Adjourn the court temporarily.
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