Page 4476 - Week 12 - Thursday, 24 October 2019
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4. Apply for withdrawal or submit an Infringement Notice Declaration: All applications must be made in writing and will be considered on a case by case basis.
5. Dispute liability: All applications to dispute liability for the infringement notice must be made in writing and provide the grounds that a passenger is relying on for disputing the infringement notice. THE MATTER MAY BE REFERRED TO THE MAGISTRATES COURT. If the matter goes to Court, and the Court finds against the passenger, the passenger may be convicted of the offence, ordered to pay a penalty and costs, and may be subject to other court orders.
6. Apply for an extension of time to take any of the actions above: To apply for an extension of time to do any of the things mentioned above the passenger must apply in writing to Transport Canberra.
Light rail—legal costs
(Question No 2720)
Miss C Burch asked the Minister for Transport, upon notice, on 20 September 2019:
(1) In relation to the answer to question on notice No 2597, relating to “a claim by Canberra Metro that additional costs associated with personnel, equipment and other resources were to be compensated by the Territory under the terms of the project Agreement”, can the Minister provide a breakdown of the additional costs associated with (a) personnel, (b) equipment and (c) other resources, by (i) cost per payment and (ii) description per payment made to Canberra Metro.
(2) In relation to the answer to question on notice No 2597, relating to the “assessment and appointment of (a) legal costs associated with formally defending the claims that were avoided, (b) legal costs of Canberra Metro if Canberra Metro’s claims were successful, (c) costs of expert determination, (d) the costs of technical experts associated with the defending the claims that were avoided, and (e) associated agency costs avoided through the dispute resolution process” (i) can the Minister provide a breakdown of the “other avoided costs” associated with (a) legal costs associated with formally defending the claims that were avoided, (b) legal costs of Canberra Metro if Canberra Metro’s claims were successful, (c) costs of expert determination, (d) the costs of technical experts associated with the defending the claims that were avoided, and (e) associated agency costs avoided through the dispute resolution process buy (A) cost per payment and (B) description per payment.
Mr Steel: The answer to the member’s question is as follows:
As noted in the answer to Question No. 2597 and in section 7.4 of the City to Gungahlin Light Rail Project Delivery Report, in April 2019 the ACT Government and Canberra Metro reached a commercial agreement on matters relating to outstanding risk claims and modifications. As noted in section 7.3 of that report, Table 11 provides a breakdown of the Territory's internal apportionment of the total payment to Canberra Metro against risks (and associated claims). In this respect:
(1) The claim for additional costs included additional staff, supervision, subcontractor, traffic management and plant costs. The ACT Government does not propose to release the details of Canberra Metro’s claim, which was provided to the ACT Government on a ‘without prejudice’ and commercial in confidence basis.
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