Fruit and vegetable processor, SPC Ardmona says that the future of the business could be at risk after discovering that a federal government case director that worked with the company during anti-dumping commission hearings has left to consult for rival Italian tomato importers.
SPC Ardmona lodged an application with the antidumping commission on 10 July 2013, alleging that Italian tomatoes were being exported to Australia from Italy at margins that constituted dumping, resulting in material injury to local producers and reduced profitability/ lower sales volume for the business.
The processor said it was shocked to find out that its case director, John Bracic has now set up a consultancy business offering “rare and invaluable” services for Italian tomato importers in their appeal with the anti-dumping review, The Australian reports.
Managing Director of SPCA, Peter Kelly said that Bracic was privy to confidential information during throughout the hearings that have taken place.
“He was the one we gave our confidential information to,” Kelly said. “I hit the roof. He’s appealing a case where he was the case director.
“He’s criticising his own work, finding fault with his previous work for the Australian people. Now we’ve got to go back and compete against the guy who has inside knowledge. I find it very frustrating.
“…In my company it would be completely unethical to move like that to a competitor and take the information that is in my head,” Kelly told The Australian.
Despite a 100m investment plan from Coca Cola Amatil and the Victorian government, SPCA say that they are still struggling to compete with cheap imported product.
Bracic, who left the Anti-Dumping Comission after 14 years of service rejected Kelly’s claim that he was “criticising his own work”.
“These are not my views, they are the views of my clients. This is not me criticising my own work. Whether I agree or not is irrelevant. I don’t have to believe it, I write it up for them and give advice about their chances of success,” Bracic told The Australian.
A spokesman for the Department of Industry said that while there is “no general legal impediment” for former employees of the public service to work in fields related to their previous employment, the Crimes Act, the Criminal Code and the Customs Administration Act prevented disclosure of protected information.