Page 473 - Week 02 - Thursday, 14 May 1992
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MR BERRY: Thanks for the explanation; he did not say that in here. May I also read into the record, Madam Speaker, the following information from a contractual document which was provided by officers of the Ministers for racing in relation to this consultancy. This was provided to me with advice from my department. On the issue of confidential and proprietary information, at clause 11(a), under the heading "Delegate's Information", it states:
The Consultant acknowledges and agrees that, unless already in the public domain, any and all information concerning the Delegate's business is "confidential", and agrees that it will not permit the duplication, use or disclosure of any such information to any person (other than its own employee, agent or representative who must have such information for the performance of its obligations to the Delegate), unless such duplications use or disclosure is specifically authorised in writing by the Delegate.
Madam Speaker, that clearly relates to the information which will be contained in a report which is to be presented to Ministers for racing. It was a matter that I mentioned yesterday in the course of discussion on this issue. I remain concerned about this issue, particularly the confidentiality aspects. Racing Ministers, or their officials, have not seen this report; yet some elements of that information have been provided to Mr Kaine, which, in my view, ought to have remained in confidence until the Ministers for racing decide on the future of the report. There is no guarantee that the report will become a matter of public record. That, ultimately, is a matter for the Ministers to decide.
I raise that in response to some of the things that were said in Mr Trebeck's letter, and I point out to members that I am still concerned about the issues that were raised in the minute to Trevor Kaine, which I remind members was tabled in this Assembly with a "With compliments" card, or what appears to be a "With compliments" card, under the heading of ACIL, despite Mr Trebeck's claim in his letter that it had nothing to do with his company and was not headed or signed in any way.
I raise those issues out of concern. Perhaps that is the end of it, but it is a matter of public record now. I think all of the information needs to be laid on the table. Issues concerning confidentiality and proprietary information are a matter of concern in relation to this matter. As I have indicated, I will be writing to Ministers for racing on the matter.
MR KAINE (Leader of the Opposition): Madam Speaker, may I seek leave to make another comment on the matter? I know that it is probably tedious, but I think it is important. I would like leave of the Assembly.
Leave granted.
MR KAINE: I would just like to make the point that the document that was given to me by the author did not have that cover sheet on it. I do not know the source or the origin of that document. That is why Mr Trebeck is quite correct when he says that the document he gave to me was neither headed nor signed in any way that would indicate authorship or that it was related to ACIL. I do not want to table it, because it is the same as the document already tabled; but I am quite happy for anybody in this Assembly to see the document that I have. The document that was tabled has on it an additional cover sheet of which I have no knowledge.
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