6 Matching Annotations
  1. Apr 2021
  2. Oct 2019
    1. A former union boss jailed over receiving a coal exploration licence from his friend, former NSW Labor minister Ian Macdonald, was an "entrepreneur" who found a "willing buyer" in the disgraced politician, a court has heard.

      This is a flawed proposition and both misleading and deceptive in relation to the subject matter, considering its prominence in a court media report of proceedings which largely centre on the propriety or otherwise of an approvals process.

      Using a market analogy mischaracterises the process involved in seeking and gaining approval for a proposal based on an innovative occupational health and safety concept.

      In this case, the Minister was the appropriate authority under the relevant NSW laws.

      And while Mr Maitland could indeed be described as a "entrepreneur", the phrase "willing buyer" taken literally in the context of the process to which he was constrained, could contaminate the reader's perception of the process as transactional or necessitating exchange of funds a conventional buyer and seller relationship.

      Based on evidence already tendered in open court, it's already known Mr Maitland sought both legal advice on the applicable process as well as guidance by officials and other representatives with whom he necessarily engaged.

      But the concept of finding a "willing buyer", taken literally at it's most extreme, could suggest Mr Maitland was presented with multiple approvals processes and to ultimately reach his goal, engaged in a market force-style comparative assessment of the conditions attached to each of these processes to ultimately decide on which approvals process to pursue.

      Plainly, this was not the case. Mr Maitland had sought advice on the process and proceeded accordingly.

      The only exception that could exist in relation to the availability of alternative processes could be a situation silimilar to the handling of unsolicited proposals by former Premier Barry O'Farrell over casino licenses which were not constrained by any of the regular transparency-related requirements including community engagement, notification or competitive tender.

      Again, this situation does not and could not apply to the process applicable to Mr Maitland's proposal.

      The misleading concepts introduced from the outset in this article also represent an aggravating feature of the injustice to which Mr Maitland has been subjected.

      To be found criminally culpable in a matter involving actions undertaken in an honest belief they were required in a process for which Mr Maitland both sought advice process and then at no stage was told anything that would suggest his understanding of the process was incorrect, contradicts fundamental principles of natural justice.

    1. Since 1941 New South Wales has had continuous Labour government, under which extensions of public enterprise have been few in number, but in some cases important. The Walsh Island Dockyard had been allowed to run down during the late ’twenties, and after accumulating a El million loss during the Depression, had been closed by the Stevens Government in 1933 and its remnants of machinery sold by auction, virtually at scrap prices. The McKell Government, in accord with a 1941 election promise to improve employment opportunities in Newcastle, used the wartime need of ships and engineering services as a reason for establishing in 1942, with some of the old facilities but on a more suitable site in Newcastle harbour, the N.S.W. Government Engineering and Shipbuilding Undertaking. With initial financial help from the Commonwealth Government, this proved an effective enterprise both during and after the war, and at present employs about 1,800 people. It has undertaken shipbuilding for the Commonwealth, dredge repairs and other services for the Public Works Department, merchant ship repairs and general engineering, and it operates a floating dock. As some earnest of further intentions, the 1942 bill for the Dockyard at first contained a general clause authorizing the Governor-in-Council to set up other industrial undertakings, as the Minister-in-Charge, Mr. J. J. Cahill, said the Govern- ment was committed to consider, “at the appropriate time, the re-establishment of such State enterprises as the needs of the people demand”. However, the Legislative Council removed this clause, and a separate statute was used in 1946 to re-establish a State Brickworks. The original works had been sold by the Stevens Government in 1936 under circumstances to be described shortly. The profits of the new Brick- works had by 1951 covered the initial losses of the establishment years. The financial operations of both of these restored undertakings are conducted on the same principles as those of their predecessors, that is, by means of a special deposit account in the Treasury.

      Two examples of privatised functions that were re-established in the 1940s

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  3. Sep 2019
    1. Recommendation to lift staffing cap

      The NDIA to lift the staffing cap to employ more NDIA planners and ensure NDIA planners are always used for participants with complex disabilities and/or lives. Where a LAC is the NDIA representative in a planning meeting, these LACs need to ensure they are trained and encouraged to work towards understanding individual needs and goals as opposed > to pre-empting needs based on disability type and therefore misrepresenting the actual needs of the participant.

  4. global-factiva-com.simsrad.net.ocs.mq.edu.au global-factiva-com.simsrad.net.ocs.mq.edu.au
    1. nnouncing the takeover of Metro Transport Sydney, the owner of the monorail and light rail lines, the Premier, Barry O'Farrell, and the Transport Minister, Gladys Berejiklian, showed little sentiment yesterday. "The real problem with the monorail, I think for most Sydneysiders, is that it doesn't actually go anywhere that you want to go," Mr O'Farrell said. The government offered another two explanations for the $19.8 million decision to buy out MTS and close the monorail, which began operations in 1988. As reported by the Herald in January, the monorail was a potential impediment to the redevelopment of the area around the convention centre and entertainment centre. Mr O'Farrell wants that area redeveloped by 2016, and property companies bidding for the work are now free to remove the monorail from their designs. Another reason to buy MTS was to make it easier to add to Sydney's one tram line, from Central to Lilyfield. Under the terms of the MTS 1994 contract, the company was handed the rights to plan and build any additions to the line. The contract also prevented the government building any new tram lines that intersected with MTS.
  5. Jun 2019
    1. The decision did not favour his financial interests and has been misreported by the journalist. In fact, Mr Petch was pressuring an inexperienced General Manager to attend to an entitlement affecting multiple councillors. The entitlement - reimbursement of legal expenses incurred in legal action initiated by council - is not discretionary, but must be extended to councillors incurring costs in carrying out their civic duties in good faith. The entitlement is explicitly coded in the NSW Local Government Act and NSW Office of Local Government expenses guidelines for serving councillors and Mayor's. No evidence was submitted that the affected councillors had acted in a manner other than "good faith". Therefore the only logical conclusion that could be drawn for delaying the reimbursement