Page 1996 - Week 07 - Wednesday, 15 June 1994
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Again, in paragraph 189 Professor Pearce says:
However, it has to be noted that the first letter to Mr Walker from ACTTAB asked for written agreement to the proposed arrangements.
In paragraph 191 he says:
Mr Walker's letter is not an objection to the entry into the contract. But it does raise some concerns and it invites consideration of an amendment of the agreement once those concerns are dealt with.
Further, at paragraph 192 he says:
At no time did ACTTAB seek legal advice on the effect of the VITAB agreement on their relationship with VicTAB. One would have thought that a legal adviser would have pointed out that if indeed any oral assurances were given by Mr Walker they did not necessarily impose any limitations on the discretionary cancellation power to be found in the agreement.
Professor Pearce concludes this section with three very substantive paragraphs which again I will draw to members' attention. They are paragraphs 193, 194 and 195. They are a fairly damning indictment of what happened over the ACTTAB-VITAB contract, and I think they are key paragraphs of Professor Pearce's report.
Madam Speaker, Professor Pearce draws nine conclusions in relation to the board of inquiry report, conclusions which the Chief Minister has already mentioned. When the Chief Minister issued a copy of the report to me in confidence I read the conclusions at the time and indicated that even at that stage I was not surprised as to their nature. Madam Speaker, the decision by the Chief Minister to hold an inquiry into the ACTTAB-VITAB contract under the Inquiries Act was a decision that I supported. In fact, I drew up some draft terms of reference for that purpose for the Chief Minister to consider, as I mentioned earlier.
In conclusion, Madam Speaker, I think largely the report speaks for itself, but I am pleased with the work that Professor Pearce has done in establishing the facts of what occurred and in clarifying the issues, making findings and arriving at conclusions. I believe, Madam Speaker, that it remains for the Government to address the findings and the conclusions of the report - I understand that that will be happening later this afternoon - and to ensure that the circumstances never recur in the ACT. I believe that that is what all members of this Assembly are looking for and that, in the future, we will not be subject to such an unfortunate set of circumstances which actually put the finances of the Territory at risk.
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