Orders for Papers Update – June 2018

As discussed by In the House – Wednesday 6 June 2018, after being censured by the House over the Government’s non-compliance with orders of the House for the production of State papers concerning Sydney Stadiums, the Powerhouse Museum relocation business case and the Tune Report on the out-of-home-care system, the Leader of the Government in the Legislative Council, the Honourable Don Harwin MLC, advised that the documents ordered would be provided by 5.00 pm Friday 8 June 2018.

The documents ordered were received last Friday, some of which are public while others can be viewed by members of the Legislative Council only. The correspondence from the Department of Premier and Cabinet can be viewed online and the following documents are now available for public inspection:

Sydney Stadiums:

• KPMG, Final Business Case the redevelopment of Sydney Football Stadium, February 2018. (Redacted)
• KPMG, Strategic Business Case the redevelopment of Stadium Australia, March 2018. (Redacted)

 Powerhouse Museum relocation business case:

• Documents comprising the business case for the Powerhouse Museum. (Redacted)

 Tune Report on the out-of-home-care system:

• David Tune, Independent Review of out of home care in New South Wales, final report.
• Draft final report of the independent review of the out of home care system in New South Wales conducted by Mr David Tune AO PSM.

As discussed in previous editions of House in Review the tabling of these documents is in response to months of debate and deliberation by the House concerning three orders for papers; Sydney Stadiums, the Powerhouse Museum relocation business case and the Tune Report on the out-of-home-care system, as well as the power of the House to order the production of State papers under standing order 52 in the exercise of its functions as a House of review.

A summary of proceedings to date, including links to tabled papers and debates in Hansard, is provided below.

Update: On Thursday 21 June the House debated, and agreed to, private members’ business no 2326, a motion of Mr Searle, which related to compliance with orders for papers and asserted the power of the House to order the production of Cabinet documents. Read In the House – Thursday 21 June 2018 for discussion of the motion.

Sydney Stadiums:

On Thursday 15 March 2018 the House ordered the production of papers in relating to Sydney Stadiums. The motion called on the Government to provide documents created since 1 January 2015 relating to the demolition, reconfiguration or rebuild of Allianz Stadium or ANZ Stadium, cost-benefit analysis for any projects under the Government’s Stadia strategy, safety and compliance audits and issues at Allianz Stadium and any agreement between the Government and the National Rugby League regarding fixtures to be provided to the House 5 April 2018. See Hansard for details of the debate on the motion of Ms Voltz.

In a series of returns and additional returns documents were received from the Department of Premier and Cabinet. The full indexes to documents returned in response to the Sydney Stadiums order for papers can be accessed via the website:

• Return to Order received Thursday 5 April 2018
• Additional updated index for documents received on Thursday 5 April 2018
• Return to Order received Friday 6 April 2018
• Return to Order received Wednesday 11 April 2018
• Return to Order received Thursday 19 April 2018

In April, Mr Searle disputed the validity of the claim of privilege made over certain documents and in accordance with standing orders the disputed documents were released to the Independent Legal Arbiter, the Honourable Keith Mason AC QC, for evaluation and report. On Thursday 24 May, the House resolved to publish Mr Mason’s report. In his report, Mr Mason did not uphold the claim of privilege made on certain documents and provided advice concerning the publication, in redacted form, of other documents. His report also noted that in relation to some documents the claim of privilege was no longer pressed.

On Tuesday 5 June, the House resolved to table and make public certain privileged documents, either in full or following redaction by the relevant agencies, as recommended in Mr Mason’s report. The Clerk tabled certain documents later that day, as well as correspondence relating to the implementation of the recommendations of Mr Mason. According to the resolution of the House, the remaining redacted documents are required to be provided by Tuesday 19 June.

Update: Redacted documents were received on Tuesday 19 June from the Department of Premier and Cabinet. An index to the documents is available online and the documents are available for inspection in the Procedure Office.

Rules of viewing documents can be accessed via the Orders for papers page on the NSW Parliament website.

Powerhouse Museum relocation business case:

On Thursday 12 April, the House voted to prioritise consideration of a motion of Mr Shoebridge to order the production of papers relating to the business case for the relocation of the Powerhouse Museum. Debate on the motion, and amendments to the motion, continued for the whole sitting day on Thursday morning and after Questions, for details of the debate see Hansard. Two amendments were agreed to before the order was finally made; requiring the production of the preliminary and final versions of the business case for the relocation of the Powerhouse Museum from Ultimo to Parramatta within fourteen days.

On Thursday 26 April, correspondence was received from the Department of Premier and Cabinet relating to the order for papers. The correspondence stated that no documents covered by the terms of the resolution are held by the offices and agencies referred to in the order.

There was much discussion of the correspondence, and the issues raised in it, in the House in the week of 1 to 3 May, including during Question Time, as to whether or not the Government had complied with the order and what action, if any, the House should consider taking in response.

Tune Report on the out-of-home-care system:

On Thursday 17 May the House agreed to a motion of Mr Donnelly which called for the final and final draft reports of the independent review of the out-of-home care system in New South Wales conducted by Mr David Tune to be produced to the House within four calendar days. While a summary of the findings and recommendations contained in Mr Tune’s report had been published, the full report had not been released. See Hansard for details of the debate.

On Monday 21 May, correspondence was received from the Department of Premier and Cabinet relating to the order for papers. The correspondence stated that the relevant offices and departments hold no documents covered by the terms of the resolution.