Page 2473 - Week 07 - Wednesday, 1 August 2018
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requires public reporting of the due diligence that should be undertaken prior to an acquisition being made.
Part 1 of the bill sets out preliminary matters, with the start date being 1 January 2019, to allow time for implementation and to begin reporting in a matter of months. Part 2 of the bill details the important concepts, outlining the meaning of the government agency and responsible minister in the context of the act. Part 3 is the most substantive element of the bill, setting out the requirements for the quarterly reports to be laid before the Assembly and the relevant committee.
Clause 7 outlines that within six sitting days of the end of the quarter, the responsible minister must present a report to the Assembly, if a reportable acquisition has been made. Within 10 working days of presenting the report to the Assembly, the responsible minister must also provide the relevant committee with a copy of the report which includes the withheld information from the public version. The relevant committee is either nominated by the Speaker or the committee of the Assembly responsible for public accounts.
Clause 8 details the contents of the quarterly report the minister must present to the Assembly. The report given to the Assembly must set out the interest in the land that was acquired, including the identification of the land, the government agency that acquired the land, and the seller if it was acquired from a corporation or other body.
The report must also describe the way in which the acquisition was made, and the act provides some examples. The compensation paid for the interest in the land, in addition to any other amount paid in relation to the acquisition, such as consultant fees or commissions, must also be included in the report. Information considered by the acquirer of the land in relation to determining the compensation and other amounts paid must be published, and this includes valuations and variations.
The report must state which minister, if any, considered the acquisition and where the acquisition was considered by cabinet, as well as who approved the acquisition and on what date. This information is not cabinet-in-confidence; it is simply factual information which can be and has been provided under the FOI Act, as well as through Assembly questions and committee processes. Canberrans deserve to know who signs off land acquisitions made with their public money, and they deserve to know when it was done and how much was paid.
The report must explain the reason for the acquisition in addition to how value for money was pursued in accordance with the Government Procurement Act 2001, section 22A. Further information on evaluation and planning for the site, including how the acquisition meets the requirements of the Planning and Development Act 2007, as well as the current and future status of the land under the Territory Plan and crown lease conditions, must be included. The report must also explain how the acquisition, including the intended use of the land, supports development that is in the public interest and is environmentally sustainable.
The report must include the information considered in relation to the acquisition, including any advice received from the Head of Service or any other government
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