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Legislative Assembly for the ACT: 2000 Week 1 Hansard (16 February) . . Page.. 181 ..

MR HUMPHRIES (continuing):

Whether there should have been a probity adviser was a matter that was left to the ACTEW board. I have heard comments by Mr Quinlan that a probity adviser should have been appointed before now. I think there is an argument for that.

There is also an argument for allowing the process to proceed on the basis that there was a negotiation of a commercial kind going on. The Government has not imposed on ACTEW a view that it ought to have a probity adviser. That is a matter on which I remain open-minded. I believe that we should consider what is best designed to achieve the objective which I have stated in answer to the question, which is to position ACTEW in the best possible way to retain its value as an asset belonging to the people of the ACT.

MR OSBORNE: I ask a supplementary question. I am somewhat confused why a probity auditor was not appointed. I think you said it was because the ACTEW board decided they did not want one, but you were open-minded about it. Will you request the ACTEW board to now appoint a probity auditor to go over this process so all of us in the Assembly can be comfortable with what has gone on?

MR HUMPHRIES: Mr Speaker, I am quite capable of writing to the ACTEW board and saying to it, "I want you to consider appointing a probity auditor". But I would be absolutely astonished if the people who make up the board of ACTEW at the moment have not already considered that issue. I think I would be teaching my grandmother how to suck eggs by saying to them, "Have you thought about a probity auditor?".

Mr Smyth: Or dishing out castor oil.

MR HUMPHRIES: Or issuing them with castor oil as an alternative. The shareholders could probably write and instruct the board to appoint a probity auditor. I am not convinced that that is necessary, given the position the board has taken that it does not need a probity auditor on this process. Bear in mind that AGL is not an insignificant and not well-established player in the existing energy market in Australia. They are not fly-by-nighters. They are not an overseas company with shadowy origins and unknown shareholdings. They are a substantial, very reputable Australian company.

Ms Carnell: And they are not based in Vanuatu.

MR HUMPHRIES: They are not based in Vanuatu, another thing in their favour. They are a company with which ACTEW can have face-to-face dealings with a certain amount of confidence that they are dealing with a reputable potential business partner. I will consider the issue that Mr Osborne has raised as to whether there should be a probity auditor from this point on. I will also discuss the matter with the chief executive of ACTEW to see whether they believe there is value in that process. But I will also be indicating that I will consider carefully the advice they give me on the necessity for such a step to be taken.

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