Page 2180 - Week 07 - Thursday, 16 June 1994
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(3) Yes.
(a) There have been many precedents for Government providing legal
assistance to Ministers and to public servants who are required to defend
their official actions against legal claims or to appear at inquiries in
relation to their conduct in their official capacity. Such assistance has been
provided regardless of whether the person concerned has ceased to hold the
office in question.
As a separate statutory authority, ACTTAB is empowered to arrange
its own legal representation without reference to the Government.
(b) None.
(c) The Territory has agreed to meet the reasonable costs of providing legal
advice to Mr Berry in connection with the Inquiry to enable him to present
his position. There have been no limits placed on the cost of legal
representation provided to ACTTAB.
(d) A fee of $375.00 per hour to a maximum daily fee of $3000.000 per day
plus any expenses calculated in accordance with Judges' travelling
allowances has been agreed to be paid to Mr James QC. The Government
Solicitor has advised that he would regard $175.000 per hour as a
reasonable fee for solicitor's costs. The Government Solicitor has, to date,
arranged for the payment of $10, 461.00 to Mr James in connection with his
attendance in Canberra on 15 April 1994 to confer with Mr Berry and for
approximately 2 1/2 days preparation and reading of relevant materials.
Further requests for payment have since been received and are presently
being assessed by the Government Solicitor. Details of any payment can be
provided to the Assembly.
The costs of legal services provided to ACTTAB by Sly and Weigall
is $12,789, and by Ron Williams QC is $8,800.
The advice to government departments provided by the Government
Solicitor's Office did not involve additional cost to the Territory.
(4) Professor Pearce is being paid at a rate of $300.00 per hour in his capacity
as the Board of the Inquiry into the ACTTAB/VITAB Agreement. The total
amount to be paid to Professor Pearce is $51,300.
(5) Secretariat support has been provided to Professor Pearce in the form of an
officer at the Senior Officer Grade B level from within the ACT
Government Service. The approximate cost of this service over the one
month it has been provided is $2,500.00 In addition, the services of a
Personal Assistant to Professor Pearce have also been provided by the
Territory for a period of just over three weeks. The cost of this service is
approximately $1,760.00.
The cost of printing the Report is expected to be of the order of $1,300.
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