Tuesday 22 May 2018

Public Accountability Committee

Members’ Lounge, Parliament House, Sydney, at 12.07 pm

Mr Donnelly

Mrs Houssos

Mr Khan

Ms Ward

Mr Field

Resolved, on the motion of Mr Mason-Cox: That draft minutes no. 1 be confirmed.

The committee noted the following correspondence:

The Chairman tabled a letter to the Committee Clerk signed by Mr Donnelly, Mrs Houssos and Mr Field requesting a meeting of the committee to consider the following self-reference:

That the Public Accountability Committee inquire into and report by 1 December 2018 on the impact of the construction of the CBD and South East Light Rail Project ("the project") on residents and businesses in the vicinity of the light rail route, including:

1. The adequacy of the Government’s response to the financial impact and diminution in social amenity caused by the project on residents and businesses including access to financial compensation and business support services;

2. The appropriateness and adequacy of the financial compensation process established by the assessment process and consistency of outcomes;

3. The effectiveness of the Government’s communication with residents and businesses concerning project delays and financial compensation; and

4. Any other related matters.

Resolved, on the motion of Mr Donnelly: That the closing date for submissions be 8 July 2018.

Resolved, on the motion of Mrs Houssos: That the proposed list of stakeholders be agreed to, and that members have until 12.00 pm Thursday 24 May 2018 to suggest any further additions to the list.

The committee noted that all inquiries are advertised via Twitter, Facebook, stakeholder letters and a media release distributed to all media outlets in New South Wales.

Resolved, on the motion of Mr Mason-Cox: That hearings be held in August and September, the dates of which will be determined by the Chair after consultation with members regarding their availability.

The committee adjourned at 12.12 pm, until Tuesday 24 July 2018, Macquarie Room, Parliament House (public hearing, inquiry into scrutiny of public accountability in NSW).

Teresa McMichael

Monday 20 August 2018

Public Accountability Committee

Jubilee Room, Parliament House, Sydney, at 9.31 am

Revd Nile, Chairman

Mr Mason-Cox, Deputy Chair

Mr Donnelly

Mr Shoebridge (substituting for Dr Faruqi)

Mr Khan (from 10.14 am)

Mrs Houssos

Mr Mallard (substituting for Ms Ward)

Resolved, on the motion of Mr Donnelly: That draft minutes no. 4 be confirmed.

The committee noted the following correspondence:

NSW Government and the companies, entities and sub-contractors involved in the CBD and South East Light Rail Project.

The committee noted that the following submissions were published by the committee clerk under the authorisation of the resolution appointing the committee: submission nos. 1, 3, 9, 11, 14, 16, 18-20, 22-27, 31, 32, 35, 36, 38, 39, 43, 46, 51-57, 59-64, 67-70, 72-77, 81, 83, 84, 86, 87, 89, 90, 91, 96, 97, 136, 147, 150, 169, 175, 178, 185.

Resolved, on the motion of Mr Shoebridge:

 that the committee keep the following information confidential, as per the request of the author: names and/or identifying and sensitive information in submission nos. 2, 4-7, 12, 13, 15, 17, 21, 28-30, 33, 34, 40-42, 44, 45, 47-50, 65, 66, 71, 79, 80, 82, 93, 94, 98-135, 137-146, 148, 149, 151-168, 170-174, 176, 177, 179-184, 186-193.

 that the committee authorise the publication of submission no. 37.

The committee noted that attachments 1-10 of submission no. 39 were published by the committee clerk under the authorisation of the resolution appointing the committee.

Resolved, on the motion of Mr Shoebridge: That the committee publish the existing document entitled 'Views of Surry Hills residents (survey conducted by Ms Jenny Leong MP)' as a single submission.

Resolved, on the motion of Mrs Houssos: That the committee keep the individual survey responses received via Ms Jenny Leong's office confidential.

The committee noted that the secretariat has followed up Alstom Transport Australia, Transdev NSW, Acciona Infrastructure Australia and Capella Capital in regards to providing a submission to the inquiry.

Resolved, on the motion of Mr Khan: That Alstom Transport Australia, Transdev NSW, Acciona Infrastructure Australia and ALTRAC Light Rail be invited to give evidence before the committee at a public hearing.

Witnesses, the public and the media were admitted.

The Chair made an opening statement regarding the broadcasting of proceedings and other matters.

The following witnesses were sworn and examined:

 Mr Stephen Troughton, Deputy Secretary, Infrastructure and Services, Transport for NSW

 Mr Tony Braxton-Smith, Deputy Secretary, Customer Services, Transport for NSW

 Ms Margaret Prendergast, Coordinator General, Transport Coordination Office, Transport for NSW

 Ms Robyn Hobbs OAM, NSW Small Business Commissioner.

The evidence concluded and the witnesses withdrew.

The following witnesses were sworn and examined:

 Ms Monica Barone, Chief Executive Officer, City of Sydney Council

 Mr Kim Woodbury, Chief Operating Officer, City of Sydney Council

 Ms Bridget Smyth, Design Director, City of Sydney Council.

The evidence concluded and the witnesses withdrew.

The following witnesses were sworn and examined:

 Cr Lindsay Shuray, Mayor, Randwick City Council

 Mr Luke Fitzgerald, Executive Manager, Randwick City Council

 Mr Alan Bright, Manager, Strategic Planning, Randwick City Council.

The evidence concluded and the witnesses withdrew.

The following witnesses were sworn and examined:

 Ms Margaret Crawford, Auditor-General of NSW

The evidence concluded and the witnesses withdrew.

The following witnesses were sworn and examined:

 Mr Sean Morrissey, Deputy Chief Executive Officer, Australian Hotels Association of NSW

 Mr Jason Butler, Accountant, DFK, Crosbie Accountants.

The evidence concluded and the witnesses withdrew.

The following witnesses were sworn and examined:

 Prof. Helen Armstrong, Committee Member, Saving Sydney Trees

 Ms Margaret Hogg, Committee Member, Saving Sydney Trees

 Ms Maria Bradley, Co-Founder, Keep Sydney Beautiful

 Ms Merrill Witt, Keep Sydney Beautiful.

Ms Hogg tendered a folder containing the following documents:

 powerpoint slideshow entitled 'Saving Sydney's Trees response to the inquiry into the CSELR 2018'

 notes that formed the basis of her opening statement

 6 photos demonstrating the amenity loss as a result of work, 4 dated 17 October 2015 and 2 dated 7 August 2015

 a document entitled 'Disrupting vegetation', showing tree removal along various roads

 Appendix B of a Tree Protection Plan from a GIPA application

 2 photos dated 2 March 2017, pertaining to the impact of work on trees

 1 photo dated 20 February 2017, pertaining to the impact of work on trees

 1 photo dated 22 April 2017, pertaining to the impact of work on trees

 extracts from an arboriculture impact assessment conducted by Urban Tree Management (four pages)

 Appendix A entitled 'Audit outcomes action plan' from an audit reported conducted by Urban Tree Management from 24 January 2017 to 28 February 2017

 Peer Review of Traffic and Transport Assessment report by Samsa Consulting prepared for NSW Planning and Infrastructure, dated April 2014

 audio files from three community forums, held on 10 December 2014, 7 May 2015 and 19 August 2015.

The evidence concluded and the witnesses withdrew.

The following witnesses were sworn and examined:

 Mr John Bellamy, Founding member, Sydney Light Rail Action Group

 Mr Peter Egan, Transport Analyst, Sydney Light Rail Action Group

 Mr Alex Kleytamn, Retired civil engineer, Sydney Light Rail Action Group

 Ms Rosemary Mackenzie, Lawyer, Sydney Light Rail Action Group

 Mr Jim Donovan, Fix NSW Transport, Sydney Light Rail Action Group.

Mr Donovan, Sydney Light Rail Action Group, tendered the following document:

 diagram of bus paths at the Haymarket region entitled 'Transit Conflicts', dated 20 August 2018.

Mr Bellamy, Sydney Light Rail Action Group, tendered the following documents:

 correspondence from Mr Alex Kleytman, entitled 'Letter from November 2016'

 memorandum by Mr Peter Egan, entitled 'Comparison of public transport capacities to aid understanding of the operational capacities of the Sydney Metro, Sydney Light Rail and other transport projects', dated 20 August 2018

 document entitled 'Light Rail – Misrepresentations', dated August 2018

 document entitled 'Inquiry into the Impact of the CBD and South East Light Rail Project Draft', concerning the removal of trees, dated 20 August 2018

 document entitled 'CBD and South East Light Rail (CSELR) cost/benefit analysis, estimated journey times and capacity', undated.

The evidence concluded and the witnesses withdrew.

The public and the media withdrew.

Resolved, on the motion of Mr Shoebridge: That the committee accept and publish the following documents tendered during the public hearing on 20 August 2018:

 powerpoint slideshow entitled Saving Sydney's Trees response to the inquiry into the CSELR 2018, tendered by Ms Margaret Hogg, Saving Sydney Trees

 diagram of bus paths at the Haymarket region entitled Transit Conflicts dated 20 August 2018, tendered by Mr Jim Donovan, Sydney Light Rail Action Group.

Resolved on the motion of Mr Shoebridge: That the secretariat review all other documents tendered during the public hearing before the committee accepts and publishes them.

The committee adjourned at 5.09 pm, Sine die.

Tina Higgins

Thursday 20 September 2018

Public Accountability Committee

Members' Lounge, Parliament House, Sydney, at 1.30 pm

Revd Nile, Chairman

Mr Mason-Cox, Deputy Chair

Mr Amato (substituting for Mr Khan)

Mr Donnelly

Ms Faehrmann (substituting for Mr Field for the duration of the inquiry into the impact of the CBD and South East Light Rail Project)

Mrs Houssos

Mr Mallard (substituting for Ms Ward for the duration of the inquiry into the impact of the CBD and South East Light Rail Project)

Resolved, on the motion of Mr Donnelly: That draft minutes no. 5 be confirmed.

The committee noted the following items of correspondence:

 30 August 2018 – Email from the Hon Justin Field MLC, to secretariat, advising that the Hon Cate Faehrmann MLC will be substituting for the Hon Justin Field MLC for the duration of the inquiry into the impact of the CBD and South East Light Rail Project

 13 September 2018 – Letter from Mr Juan Antonio Adan, Construction Director, Acciona Infrastructure Australia Pty Ltd, to secretariat, declining the invitation to give evidence at a public hearing

 13 September 2018 – Letter from Mr Glenn Bentley, OpCo's Representative, ALTRAC Light Rail, to secretariat, confirming attendance at a public hearing, subject to consent from Transport for NSW

 14 September 2018 – Email from Mr Sheldon Young, Marketing & Communications Director, Alstom Australia & New Zealand, to secretariat, advising that Alstom is considering its position regading the invitation to appear before the committee and will formally respond next week

 18 September 2018 – Letter from Mr Mark Coxon, Managing Director, Alstom Australia & New Zealand, to Director, declining the committee's invitation to attend and give evidence at a hearing

 19 September 2018 – Letter from Mr Brian Brenna, Managing Director, Transdev, to Director, declining the committee's invitation to attend and give evidence at a hearing.

 3 September 2018 – Letter from Director, to Mr Juan Antonio Adan, Construction Director, Acciona Infrastructure Australia Pty Ltd, inviting representatives to give evidence at a public hearing on 4 October 2018

 4 September 2018 – Letter from Director, to Mr Glenn Bentley, Chief Executive Officer, ALTRAC Light Rail, inviting representatives to give evidence at a public hearing on 4 October 2018

 4 September 2018 – Letter from Director, to Mr Mark Coxon, Managing Director for Alstom in Australia and New Zealand, Alstom Transport Australia, inviting representatives to give evidence at a public hearing on 3 October 2018.

Resolved, on the motion of Mrs Houssos, that:

 the Chair write to Acciona Infrastructure Australia, Alstom Transport Australia and Transdev NSW, asking them to reconsider the invitation of the committee to attend the public hearings on 3 or 4 October 2018, noting that the committee may consider issuing a summons, and

 if they decline, that under the authority of s 4(2) of the Parliamentary Evidence Act 1901 the committee issue a summons to Mr Juan Antonio Adan, Construction Director, Acciona Infrastructure Australia Pty Ltd; Mr Mark Coxon, Managing Director for Alstom in Australia and New Zealand, Alstom Transport Australia; and Mr Brian Brennan, Managing Director, Transdev Sydney to attend and give evidence before the committee on either 3 or 4 October.

Resolved, on the motion of Mr Donnelly: That the committee invite submission author no. 73 to appear as a witness as part of the residents panel at the hearing on 3 October 2018, and should they not be available the suggestion put forward by Ms Faehrmann be invited.

Resolved, on the motion of Mr Donnelly: That the committee extend the session for affected residents at the hearing on the 3 October for a further 15 minutes.

Sarah Dunn

Wednesday 3 October 2018

Public Accountability Committee

Macquarie Room, Parliament House, Sydney, at 9.15 am

Revd Nile, Chairman (from 9.15 am to 10.11 am and 10.42 am to 3.31 pm)

Mr Mason-Cox, Deputy Chair

Mr Donnelly

Ms Faehrmann

Mr Khan

Mrs Houssos

Mr Mallard

Resolved, on the motion of Mr Khan: That draft minutes no. 6 be confirmed.

The committee noted the following items of correspondence:

 21 August 2018 – Email from Mr Jim Donovan, Fix NSW Transport, Sydney Light Rail Action Group, to committee, in relation to a clarification of the transcript of 20 August 2018

 21 August 2018 – Email from Ms Rosemary Mackenzie, Lawyer, Sydney Light Rail Action Group, to committee, providing the 'Anzac Parade corridor future Light Rail station and system capacity analysis', EMM Report, to the committee

 27 August 2018 – Email from Ms Rosemary Mackenzie, Lawyer, Sydney Light Rail Action Group, to secretariat, providing documents 11 and 19 from the order for papers dated May 2014

 4 September 2018 – Email from Mr Norm Heavener, to secretariat, declining the invitation to give evidence at a public hearing due to leave

 10 September 2018 – Email from Mr Paul Corradini, to secretariat, declining the invitation to give evidence at a public hearing due to leave

 14 September 2018 – Email from Mr Phillip Powney, to secretariat, declining the invitation to give evidence at a public hearing due to work commitments

 18 September 2018 – Letter from Mr Alex Kleytman, Retired Civil Engineer, Sydney Light Rail Action Group, in relation to a clarification of the transcript of 20 August 2018

 19 September 2018 – Email from Ms Victoria Gavan, Personal Assistant to the Manager, Strategic Planning, Randwick City Council, to secretariat, requesting an extension to provide answers to questions on notice by Friday 29 September 2018

 21 September 2018 – Email from Ms Brenda Lee, to secretariat, declining the invitation to give evidence at a public hearing due to prior commitments

 24 September 2018 – Letter from Mr Brian Brennan, Managing Director, Transdev Sydney, to Chairman, accepting the invitation to give evidence at a public hearing on 3 October 2018

 24 September 2018 – Letter from Mr Mark Coxon, Managing Director for Alstom in Australia and New Zealand, Alstom Transport Australia, to Chairman, accepting the invitation to give evidence at a public hearing on 3 October 2018

 24 September 2018 – Letter from Mr Juan Antonio Adan, Construction Director, Acciona Infrastructure Australia Pty Ltd, to Chairman, declining the invitation to attend a public hearing on 4 October 2018

 25 September 2018 – Email from Ms Adriana Brennan, Acciona Infrastructure Australia Pty Ltd, to secretariat, confirming that Mr Bede Noonan is the appropriate person to be summons to appear at the hearing on 4 October 2018

 25 September 2018 - Email from Ms Adriana Brennan, Acciona Infrastructure Australia Pty Ltd, to secretariat, confirming the details in relation to issuing the summons on Mr Bede Noonan on 27 September 2018

 26 September 2018 – Letter from Mr Glenn Bentley, OpCo's Representative, ALTRAC Light Rail, to secretariat, confirming witnesses attending the hearing on 4 October 2018 and advising they have not yet received consent from Transport for NSW.

 20 September 2018 – Letter from Chairman, to Mr Juan Antonio Adan, Construction Director, Acciona Infrastructure Australia Pty Ltd, asking to reconsider the invitation to attend the public hearing on 4 October 2018

 20 September 2018 – Letter from Chairman, to Mr Mark Coxon, Managing Director for Alstom in Australia and New Zealand, Alstom Transport Australia, asking to reconsider the invitation to attend the public hearing on 3 October 2018

 21 September 2018 – Email from secretariat, to Ms Victoria Gavan, Personal Assistant to the Manager, Strategic Planning, Randwick City Council, approving the request for an extension to provide answers to questions on notice

 26 September 2018 – Letter from Chairman, to Mr John Gregor, Director, Finance, Department of Parliamentary Services, regarding the allowance for Mr Bede Noonan, Managing Director Acciona Infrastructure Australia Pty Ltd, to appear as a witness at the hearing on 4 October 2018

 27 September 2018 – Summons from Chairman, to Mr Bede Noonan, Managing Director, Acciona Infrastructure Australia, ordering to appear before the committee at a hearing on 4 October 2018

 27 September 2018 – Affidavit of service of summons, to Mr Bede Noonan, Managing Director, Acciona Infrastructure Australia, ordering to appear before the committee at a hearing on 4 October 2018.

The committee noted that the following submissions were published by the committee clerk under the authorisation of the resolution appointing the committee: submission nos. 21 and 194.

Resolved, on the motion of Mr Mallard: That the committee keep the following information confidential, as per the request of the author: names and/or identifying and sensitive information in submission nos. 44a, 78 and 85.

Resolved, on the motion of Mr Mallard: That the committee keep submission nos. 10 and 195 confidential, as per the request of the author, as it contains identifying and/or sensitive information.

Resolved, on the motion of Mr Khan: That consideration of the publication status of submission nos. 88, 92 and 95 be deferred to the next committee meeting.

Resolved, on the motion of Mr Mallard: That the committee keep the following information confidential, as per the request of the authors: names and/or identifying and sensitive information in Proforma A and the variations to Proforma A.

The committee noted that following answers to questions on notice and supplementary questions were published by the committee clerk under the authorisation of the resolution appointing the committee:

 additional information from Ms Margaret Hogg, Committee Member, Saving Sydney Trees, received 27 August 2018

 answers to questions on notice from Ms Monica Barone, Chief Executive Officer, City of Sydney Council, received 2 September 2018

 additional information from Mr Alex Kleytman, Retired Civil Engineer, Sydney Light Rail Action Group, received 16 September 2018

 answers to questions on notice from Mr Peter Egan, Transport Analyst, Sydney Light Rail Action Group, received 17 September 2018

 answers to questions on notice from Professor Helen Armstrong, Committee Member, Saving Sydney Trees, received 17 September 2018

 answers to questions on notice from Ms Margaret Crawford, Auditor-General, received 18 September 2018

 answers to questions on notice from Mr John Bellamy, Founding Member, Sydney Light Rail Action Group, received 18 September 2018

 answers to questions on notice, supplementary questions from Transport for NSW, received 18 September 2018

 answers to questions on notice from Mr Sean Morrissey, Deputy Chief Executive Officer, Australian Hotels Association of NSW, received 18 September 2018

 answers to questions on notice from Ms Robyn Hobbs, NSW Small Business Commissioner, received 25 September 2018

 answers to questions on notice from Ms Maria Bradley, Co-founder, Keep Sydney Beautiful, received 25 September 2018.

Resolved, on the motion of Mr Mallard: That the committee authorise the publication of attachment 2, titled 'Ex Gratia Payments by Zone/Category' of the answers to questions on notice from Mr Tony Braxton-Smith, Deputy Secretary, Customer Services Division, Transport for NSW, and keep confidential attachment 1, titled 'Cost Report' as per the request of the author, as it contains identifying and/or sensitive information.

Resolved, on the motion of Mr Khan: That the committee keep confidential attachment 1 and 2 of the answers to questions on notice from Mr Sean Morrissey, Deputy Chief Executive Officer, Australian Hotels Association of NSW, as per the request of the author, as it contain identifying and/or sensitive information.

Resolved, on the motion of Ms Faerhmann: That a footnote be included in the transcript of 20 August 2018 noting the clarification received by Mr Jim Donovan, Fix NSW Transport, Sydney Light Rail Action Group.

Resolved, on the motion of Mrs Houssos: That a footnote be included in the transcript of 20 August 2018 noting the clarification received by Mr Alex Kleytman, Retired Civil Engineer, Sydney Light Rail Action Group.

Resolved, on the motion of Mrs Houssos: That the committee keep confidential the audio files from three community forums, held on 10 December 2014, 7 May 2015 and 19 August 2015, tendered by Ms Margaret Hogg, Committee Member, Saving Sydney Trees, during the public hearing on 20 August 2018.

Resolved, on the motion of Ms Faerhmann: That the committee accept and publish the following documents tendered by Ms Margaret Hogg, Committee Member, Saving Sydney Trees, tendered during the public hearing on 20 August 2018:

 notes that formed the basis of Ms Hogg's opening statement

 a document entitled 'Disrupting vegetation', showing tree removal along various roads

 Appendix B of a Tree Protection Plan from a GIPA application

 2 photos dated 2 March 2017, pertaining to the impact of work on trees

 1 photo dated 20 February 2017, pertaining to the impact of work on trees

 extracts from 7 arboriculture audit reports obtained under a GIPA request to Urban Tree Management, dated 8 July 2016, 11 August 2016, 7 September 2016, 24 October 2016, 2 December 2016, 24 January 2017 and 1 March 2017

 extracts from an arboriculture impact assessment conducted by Urban Tree Management (four pages)

 Appendix A entitled 'Audit outcomes action plan' from an audit reported conducted by Urban Tree Management from 24 January 2017 to 28 February 2017

 Peer Review of Traffic and Transport Assessment report by Samsa Consulting prepared for NSW Planning and Infrastructure, dated April 2014.

Resolved, on the motion of Mr Khan: That the committee accept and publish the following documents tendered by Mr John Bellamy, Founding member, Sydney Light Rail Action Group, tendered during the public hearing on 20 August 2018:

 correspondence from Mr Alex Kleytman, entitled 'Letter from November 2016'

 document entitled 'Light Rail – Misrepresentations', dated August 2018

 document entitled 'Inquiry into the Impact of the CBD and South East Light Rail Project Draft', concerning the removal of trees, dated 20 August 2018

 document entitled 'CBD and South East Light Rail (CSELR) cost/benefit analysis, estimated journey times and capacity', undated.

Resolved, on the motion of Mrs Houssos: That under the authority of s 4(2) of the Parliamentary Evidence Act 1901 the committee issue a summons to Mr Bede Noonan, Managing Director, Acciona Infrastructure Australia Pty Ltd to attend and give evidence before the committee on 4 October 2018.

Witnesses, the public and the media were admitted.

The Chair made an opening statement regarding the broadcasting of proceedings and other matters.

The following witnesses were sworn and examined:

 Ms Annette Keay, affected resident

 Ms Cat Wright, affected resident

 Mr Andrew Jordan, affected resident

 Ms Diana Argirellis, affected resident

 Ms Biddy Oquist, affected resident.

Ms Wright tendered the following documents:

 notes that formed the basis of Ms Wright's opening statement

 16 photographs demonstrating damage as a result of work

 NSW Transport 'Construction Update' advising of weekend work at the intersection of Avoca Street and High Street from 9pm Friday 27 July 2018 to 5am Monday 30 July 2018

 NSW Transport CBD and South East Light Rail update for Randwick for 1 September to 1 December 2018.

Mr Jordan tendered the following documents:

 notes that formed the basis of Mr Jordan's opening statement

 document entitled 'ALR Construction Noise and Vibration Management Plan', authored by ALTRAC Light Rail, dated November 2015

 Press Release from the U.S. Department of Justice, 'Alstom Sentenced to Pay $772 Million Criminal Fine to Resolve Foreign Bribery Charges', dated 13 November 2015.

Ms Argirellis tendered the following documents:

 email correspondence from Randwick City Council, entitled 'Good news for Doncaster Ave residents!', dated 3 May 2018

 correspondence to the Hon Andrew Constance from residents of Doncaster Ave, dated 29 June 2018

 email correspondence (miscellaneous) from Randwick City Council, entitled 'Light Rail – Bamboo planting', dating 24 July 2018 - 2 October 2018

 email correspondence from Randwick City Council, entitled 'Doncaster Bamboo', dated 2 October 2018.

The Chair left the meeting.

The evidence concluded and the witnesses withdrew.

The Chair joined the meeting.

The following witnesses were sworn and examined:

 Ms Amelia Birch, The Book Kitchen

 Cr Angela Vithoulkas, Vivo Café

 Mr Michael Neuman, Mondial Pink Diamond Atelier

 Mr Emanuel Tzirtzilakis, Ouroboros Wholefoods Café

 Mr Greg Tannos, Optical Illusions.

The evidence concluded and the witnesses withdrew.

The following witness was sworn and examined:

 Mr Mark Coxon, Managing Director, Alstom Transport Australia.

The evidence concluded and the witness withdrew.

The following witness was sworn and examined:

 Mr Brian Brennan, Managing Director, Transdev Sydney.

The evidence concluded and the witness withdrew.

The public and the media withdrew.

The public hearing concluded at 3.26 pm.

Resolved, on the motion of Mr Mallard: That the secretariat review all documents tendered during the public hearing before the committee accepts and publishes them.

The committee discussed contacting residents and business owners who appeared vulnerable during their appearance at the hearing: to check on their welfare, to ascertain whether they have support mechanisms in place, and if needed, to offer further support.

The committee adjourned at 3.31 pm, until Thursday 4 October 2018, 9.30 am, Macquarie Room, Parliament House (public hearing).

Tina Higgins

Thursday 4 October 2018

Public Accountability Committee

Macquarie Room, Parliament House, Sydney, at 9.36 am

Revd Nile, Chairman

Mr Mason-Cox, Deputy Chair

Mr Donnelly

Ms Faehrmann

Mr Mallard

Mr Martin (substituting for Mr Khan) (until 11.54 am)

Mr Mookhey (substituting for Mrs Houssos)

Resolved on the motion of Mr Mallard: That the committee accepts and publishes all documents tendered during the public hearing on 3 October 2018:

 notes that formed the basis of Ms Wright's opening statement, tendered by Ms Cat Wright

 16 photographs demonstrating damage as a result of work, tendered by Ms Cat Wright

 NSW Transport CBD and South East Light Rail update for Randwick for 1 September to 1 December 2018, tendered by Ms Cat Wright

 notes that formed the basis of Mr Jordan's opening statement, tendered by Mr Andrew Jordan

 document entitled 'ALR Construction Noise and Vibration Management Plan', authored by ALTRAC Light Rail, dated November 2015

 Press Release from the U.S. Department of Justice, 'Alstom Sentenced to Pay $772 Million Criminal Fine to Resolve Foreign Bribery Charges', dated 13 November 2015 tendered by Mr Andrew Jordan

 email correspondence from Randwick City Council, entitled 'Good news for Doncaster Ave residents!', dated 3 May 2018, tendered by Ms Diana Argirellis

 correspondence to the Hon Andrew Constance from residents of Doncaster Ave, dated 29 June 2018, tendered by Ms Diana Argirellis

 email correspondence (miscellaneous) from Randwick City Council, entitled 'Light Rail – Bamboo planting', dating 24 July 2018 - 2 October 2018, tendered by Ms Diana Argirellis, affected resident

 email correspondence from Randwick City Council, entitled 'Doncaster Bamboo', dated 2 October 2018, tendered by Ms Diana Argirellis.

Resolved, on the motion of Mr Mookhey: That consideration of the publication status of submission nos. 88, 92 and 95, and attachments to submission no. 95 be deferred to the next committee meeting.

The Chair made an opening statement regarding the broadcasting of proceedings and other matters.

The following witness was sworn and examined:

 Mr Bede Noonan, Managing Director, Acciona Infrastructure Australia.

Mr Noonan tendered the following document:

 notes that formed the basis of Mr Noonan's opening statement.

The evidence concluded and the witness withdrew.

The following witness was sworn and examined:

 Mr James Bramley, Chairman, ALTRAC Light Rail Partnership.

Mr Martin left the meeting.

The evidence concluded and the witness withdrew.

The following witnesses were reminded that they did not need to be sworn, as they had been sworn at an earlier hearing:

 Mr Tony Braxton-Smith, Deputy Secretary, Customer Services, Transport for NSW

 Ms Margaret Prendergast, Coordinator General, Transport Coordination Office, Transport for NSW

 Mr Stephen Troughton, Deputy Secretary, Infrastructure and Services, Transport for NSW.

Mr Braxton-Smith tendered the following document:

 a document entitled 'Small business financial assistance – ex gratia payments by zone/category. Data as at 30 September 2018', showing the number of businesses provided assistance, by amount and location.

Ms Prendergast tendered the following document:

 notes that formed the basis of Ms Prendergast's opening statement.

The evidence concluded and the witnesses withdrew.

The public and the media withdrew.

The public hearing concluded at 3.32 pm.

Resolved, on the motion of Mr Mallard: That the committee accept and publish the following documents tendered during the public hearing:

 notes that formed the basis of Mr Noonan's opening statement, tendered by Mr Bede Noonan, Managing Director, Acciona Infrastructure Australia

 a document entitled 'Small business financial assistance – ex gratia payments by zone/category. Data as at 30 September 2018', showing number of business provided assistance, by amount and location, tendered by Mr Tony Braxton-Smith, Deputy Secretary, Customer Services, Transport for NSW

 notes that formed the basis of Ms Prendergast's opening statement, tendered by Ms Margaret Prendergast, Coordinator General, Transport Coordination Office, Transport for NSW.

Mr Donnelly moved: That the Hon Gladys Berejiklian, Premier and the Hon Andrew Constance, Minister for Transport and Infrastructure, be invited to give evidence at a hearing.

Ms Faehrmann moved: That the motion of Mr Donnelly be amended by inserting 'and representatives from Ausgrid' after 'Minister for Transport and Infrastructure'.

Mr Mallard moved: That the motion of Ms Faehrmann be deferred until the next meeting.

Amendment of Mr Mallard put.

The committee divided.

Ayes: Mr Mallard, Mr Mason-Cox, Revd Nile.

Noes: Mr Donnelly, Ms Faehrmann, Mr Mookhey.

There being an equality of votes, the questions was resolved in the affirmative on the casting vote of the Chair.

Amendment of Ms Faehrmann, and original motion of Mr Donnelly, deferred until next meeting of the committee.

The committee adjourned at 3.47 pm, until Tuesday 9 October, 8.45 am, Macquarie Room, Parliament House (WestConnex public hearing).

Tina Higgins

Tuesday 23 October 2018

Public Accountability Committee

Room 1136, Parliament House, Sydney, 1.45pm

Revd Nile, Chairman

Mr Mason-Cox, Deputy Chair

Mr Donnelly

Ms Faehrmann

Mrs Houssos

Mr Mallard (from 1.47 pm)

Mr Khan

Resolved, on the motion of Mr Donnelly: That draft minutes nos. 7 and 8 be confirmed.

The committee noted the following items of correspondence:

 16 October 2018 – Letter from Hon Ron Hoenig MP, Member for Heffron, to Mr David Blunt, Clerk of the Legislative Council, in relation to Mr Andrew Jordan's appearance at the hearing on 3 October 2018.

 19 October 2018 – Email from Ms Madeleine Lewis, Executive Assistant for Mr Paul Broad, to secretariat, advising that Mr Broad is unavailable on 5 November to give evidence to the committee.

Resolved, on the motion of Mr Donnelly: That:

 the email from Mr Jordan to the committee, dated 8 October 2018, and correspondence from Mr Ron Hoenig MP, dated 11 October 2018, be provided to both the Department of Transport and ALTRAC Light Rail, with a written response sought within 36 hours from both organisations to the serious allegations Mr Jordan has raised

 Mr Jordan be advised of the actions the committee is taking in relation to the concerns he has raised

 Mr Ron Hoenig MP be copied into the correspondence provided to Department of Transport and ALTRAC Light Rail in relation to this matter.

Resolved, on the motion of Mrs Houssos: That the committee extend the inquiry reporting date to 7 December 2018 and that the Chairman report this extension to the House.

The committee noted the report deliberative will be held on Thursday 29 November 2018, commencing at 9.30 am.

Resolved, on the motion of Mr Donnelly: That following the hearing on 5 November 2018:

 Acciona Infrastructure Australia be invited to provide any additional comments in relation to evidence provided at the hearings by Ausgrid and the Department of Transport about the Ausgrid guidelines for the CBD and South East Light Rail Project

 Acciona Infrastructure Australia be advised that the response they provide to the committee in relation to this matter will be covered by parliamentary privilege.

The committee adjourned at 1.58 pm, until Monday 5 November 2018, 9.30 am, Macquarie Room, Parliament House (Light rail public hearing).

Tina Higgins

Monday 5 November 2018

Public Accountability Committee

Macquarie Room, Parliament House, Sydney, at 10.46 am

Revd Nile, Chairman

Mr Mason-Cox, Deputy Chair

Mr Donnelly

Ms Faehrmann

Mr Fang (substituting for Mr Khan)

Mrs Houssos

Mr Mallard (from 10.49 am)

Resolved, on the motion of Mr Mason-Cox: That draft minutes no. 12 be confirmed.

The committee noted the following items of correspondence:

 22 October 2018 – Email from Ms Cat Wright, to secretariat, providing additional information to the committee

 26 October 2018 – Email from Ms Cat Wright, to secretariat, providing a number of photographs of the construction on her property

 26 October 2018 – Letter and attachment from Mr Glenn Bentley, Chief Executive Officer, ALTRAC Light Rail, to Chairman, providing a response to the concerns raised by Mr Andrew Jordan

 26 October 2018 – Email from Ms Rachel Simpson, Principal Manager, Parliamentary Services, Transport for NSW, to secretariat, advising that they will provide a response to the concerns raised by Mr Andrew Jordan on Monday 29 October 2018

 29 October 2018 – Letter from Mr Stephen Troughton, Deputy Secretary, Infrastructure and Services, Transport for NSW, to Chairman, providing a response to the concerns raised by Mr Andrew Jordan

 31 October 2018 – Email from Ms Adrianna Brennan, Acciona Infrastructure Australia, to secretariat, advising that Acciona is unable to provide a meaningful response to the supplementary questions without being compelled by the committee

 4 November 2018 – Email from Ms Rachel Simpson, Principal Manager, Parliamentary Services, Transport for NSW, to secretariat, regarding a response to a question taken on notice at the hearing on 4 October 2018.

 8 October 2018 – Email from secretariat, to Ms Amelia Birch, The Book Kitchen, in relation to appearance at the hearing on 3 October 2018

 23 October 2018 – Letter from Chairman, to Mr Glenn Bentley, Chief Executive Officer, ALTRAC Light Rail, requesting a response to the allegations raised by Mr Andrew Jordan

 23 October 2018 – Letter from Chairman, to Mr Stephen Troughton, Deputy Secretary, Infrastructure and Services, Transport for NSW, requesting a response to the allegations raised by Mr Andrew Jordan

 23 October 2018 – Email from secretariat, to Hon Ron Hoenig MP, Member for Heffron, advising of the committee's resolution to seek a response from Transport for NSW and ALTRAC Light Rail in relation to Mr Andrew Jordan's appearance at a hearing

 30 October 2018 – Email from secretariat, to Ms Adriana Brennan, Acciona Infrastructure Australia, advising that their letter of 22 October 2018 will be considered at the next committee meeting and reminding them that parliamentary privilege applies to supplementary questions.

Resolved, on the motion of Mrs Houssos: That the committee keep the following correspondence confidential, as per the recommendation of the secretariat, as it contains identifying and/or sensitive information:

 8 October 2018 – Email from secretariat, to Mr Emanuel Tzirtzilakis, Ouroboros Wholefoods Café, in relation to appearance at the hearing on 3 October 2018

 8 October 2018 – Email from secretariat, to Ms Amelia Birch, The Book Kitchen, in relation to appearance at the hearing on 3 October 2018.

Resolved, on the motion of Mr Donnelly: That

 Mr Jordan be provided with the responses from ALTRAC Light Rail and Transport for NSW in relation to the concerns he raised

 the Chair write to Mr Jordan to explain that in light of the responses received from ALTRAC Light Rail and Transport for NSW no further action will be taken in relation to the concerns he raised.

Resolved, on the motion of Mr Donnelly: That

 the Chairman write to Acciona Infrastructure Australia advising that in light of the fact that Acciona will not be answering supplementary questions the committee will be issuing a further summons to appear at a public hearing

 under the authority of s 4(2) of the Parliamentary Evidence Act 1901 the committee issue a summons to Mr Bede Noonan, Managing Director, Acciona Infrastructure Australia, to attend and give evidence before the committee on Thursday 29 November 2018.

Resolved, on the motion of Mrs Houssos: That the committee extend the inquiry reporting date to 21 January 2019 and that the Chairman report this extension to the House.

Witnesses, the public and the media were admitted.

The Chair made an opening statement regarding the broadcasting of proceedings and other matters.

The following witness was sworn and examined:

 Mr Mark Gifford, Chief Environmental Regulator, NSW Environment Protection Authority.

The evidence concluded and the witness withdrew.

The following witnesses were sworn and examined:

 Mr Richard Gross, Chief Executive Officer, Ausgrid

 Mr Trevor Armstrong, Chief Operating Officer, Ausgrid.

Mr Gross tendered the following documents:

 opening statement by Mr Gross

 a document titled 'Sydney Light Rail Project Ausgrid Asset Details'.

The evidence concluded and the witnesses withdrew.

The public and the media withdrew.

The public hearing concluded at 1.30 pm.

The committee noted that the answers to questions on notice from Mr Alan Bright, Manager Strategic Planning, Randwick City Council, received 28 September 2018, was published by the committee clerk under the authorisation of the resolution appointing the committee.

Resolved, on the motion of Mrs Houssos: That the committee authorise the publication of the answers to questions on notice from Mr Brian Brennan, Managing Director, Transdev Sydney, received on 2 November 2018.

Resolved, on the motion of Ms Faehrmann: That a footnote be included in the transcript of 20 August 2018 noting the clarification received by Ms Margaret Prendergast, Coordinator General, Transport Coordination Office, Transport for New South Wales.

The committee noted that following the hearing on 3 October 2018 the secretariat contacted witnesses identified as vulnerable via phone and email to check in on their welfare, to ascertain whether they have support mechanisms in place, and if needed to offer further support.

Resolved, on the motion of Mr Mason-Cox: That the committee accept and publish the following documents tendered during the public hearing:

 opening statement by Mr Richard Gross, Chief Executive Officer, Ausgrid, tendered by Mr Gross

 a document titled 'Sydney Light Rail Project Ausgrid Asset Details', tendered by Mr Gross.

Resolved, on the motion of Mrs Houssos: That

 the Clerk provide written advice to the committee on the committee's powers to seek information from Transport for NSW on matters in which they claim commercial or cabinet confidentiality in their responses to questions taken on notice arising from the hearing on 4 October 2018, particularly in light of the NCAT decisions in 2017 and 2018 involving Transport for NSW and the Hon Adam Searle MLC

 following the distribution of written advice, the Clerk be invited to attend a committee meeting to provide a briefing to members in person.

The committee adjourned at 1.43 pm, until Wednesday 7 November at 9.45 am in the Macquarie Room (public hearing for WestConnex inquiry).

Sarah Dunn

Wednesday 7 November 2018

Public Accountability Committee

Macquarie Room, Parliament House, Sydney at 9.47 am

Revd Nile, Chairman

Mr Donnelly

Ms Faehrmann

Mr Mallard

Mr Moselmane (substituting for Mr Mookhey) (from 1.00 pm)

Dr Phelps

Ms Voltz (substituting for Mr Mookhey) (until 12.00 pm)

Mr Khan

Resolved, on the motion of Dr Phelps: That draft minutes nos. 10 and 11 be confirmed.

The committee noted the following items of correspondence:

 14 October 2018 – Email from Mr Ben Aveling, Co-convenor, Alexandria Residents Action Group to the secretariat, providing additional information on the benefit-cost ratio of the WestConnex project

 17 October 2018 – Email from Ms Frances Vumbaca to the secretariat, calling for a Royal Commission or inquiry into the property valuation system

 17 October 2018 – Letter from the Hon Natasha Maclaren-Jones MLC, Government Whip, to secretariat, advising that the Hon Dr Peter Phelps MLC will be substituting for the Hon Matthew Mason-Cox MLC for the duration of the inquiry into the impact of the WestConnex project

 21 October 2018 – Email from Witness B, Leichhardt Against WestConnex to secretariat, regarding the publication of evidence taken in camera

 22 October 2018 – Email from Mr Sam Shaw, Environmental Projects Officer, Strathfield Council, to the secretariat, reaffirming the Council's position on the WestConnex project

 25 October 2018 – Email from Mr Stuart Dennon to the Chair, calling for a Royal Commission into land acquisition in New South Wales

 26 October 2018 – Letter from Ms Kathryn Calman, Convenor, Beverly Hills Progress Association to Committee, providing additional information to the committee regarding the work of the organisation

 26 October 2018 – Letter from Ms Kathryn Calman, Convenor, Beverly Hills Progress Association to committee, advising of the preferred publication status of individuals referred to in tabled document.

Resolved, on the motion of Mr Donnelly: That the committee keep correspondence from Witness B, dated 21 October 2018, confidential, as per the recommendation of the secretariat, as it contains identifying information.

The committee noted that the following submissions were published by the committee clerk under the authorisation of the resolution appointing the committee: Submission nos. 362-364, 394, 395, 399, 401, 416, 419a, 430a, 434, 435, 437, 470, 491, 525, 545, 547, 548a, 548b, 553, 555 and 556.

Ms Faehrmann moved: That the committee keep the following information confidential, as per the request of the author: names and/or identifying information in submissions nos. 130, 427, 457, 466, 483, 506, 517, 535 and 542.

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mr Mallard, Ms Voltz.

Noes: Dr Phelps.

Question resolved in the affirmative.

Resolved, on the motion of Mr Mallard: That the committee authorise the publication of submission nos. 355 and 506, as per the request of the authors.

The committee noted that the following questions on notice and supplementary questions were published under the authorisation of the resolution appointing the committee:

 answers to questions on notice from Roads and Maritime Services, received 30 October 2018.

Resolved, on the motion of Mr Mallard: That the committee publish answers to questions on notice from Witness A and Witness B, Leichhardt Against WestConnex, with the exception of identifying information relating to Witness A and Witness B.

Resolved, on the motion of Ms Faehrmann: That the committee:

 authorise the partial publication of the transcript of the in camera evidence given by Leichhardt Against WestConnex on the 9 October 2018, as requested by the witnesses,

 redact all identifying information,

Resolved, on the motion of Dr Phelps: That witnesses appearing at the public hearing of 7 November 2018 be requested to return answers to questions on notice and/or supplementary questions from members within 14 days of the date on which questions are forwarded to the witnesses by the committee clerk.

Witnesses, the public and the media were admitted.

The Chair made an opening statement regarding the broadcasting of proceedings and other matters.

The following witnesses were examined on their former oath:

 Mr Marcus Ray, Deputy Secretary, Planning Services, Department of Planning and Environment

 Mr Glenn Snow, Director, Transport Assessments, Department of Planning and Environment.

The following witnesses were sworn and examined:

 Mr David Gainsford, Executive Director, Priority Projects Assessment, Department of Planning and Environment

 Mr Mark Gifford, Chief Environmental Regulator, Environment Protection Authority

The evidence concluded and the witnesses withdrew.

The following witnesses were examined on their former oath:

 Mr Ken Kanofski, Chief Executive, Roads and Maritime Services

 Ms Camilla Drover, Executive Director, Motorways Division, Roads and Maritime Services.

The evidence concluded and the witnesses withdrew.

The public hearing concluded at 3.01 pm.

The public and media withdrew.

Resolved, on the motion of Mr Mallard: That the committee extend the inquiry reporting date to 25 January 2019 and that the Chairman report this extension to the House.

The committee adjourned at 3.07 pm until Thursday 29 November 2018 (Light Rail hearing).

Stephanie Galbraith

Wednesday 21 November 2018

Public Accountability Committee

Members' Lounge, Parliament House, Sydney, 10.00 am

Revd Nile, Chairman

Mr Mason-Cox, Deputy Chair

Ms Faehrmann

Mr Khan

Mrs Houssos

Mr Mallard

Resolved, on the motion of Ms Faehrmann: That draft minutes no. 13 be confirmed.

The committee noted the following items of correspondence:

 6 November 2018 – Email from Ms Selina O'Connor, Government and Stakeholder Relations Manager, Ausgrid, to secretariat, raising concerns that Ausgrid's full opening statement was not included in the transcript of 5 November

 6 November 2018 – Email from Ms Selina O'Connor, Government and Stakeholder Relations Manager, Ausgrid, to secretariat, providing further justifications for Ausgrid's opening statement to be included in the transcript of 5 November

 7 November 2018 – Email from Ms Cat Wright, affected resident, to secretariat, providing additional information to the committee

 20 November 2018 – Letter from Mr Juan Antonio Adan, Construction Director, Acciona Infrastructure Australia, to secretariat, responding to the request for any additional comments regarding the Ausgrid guidelines.

 9 November 2018 – Letter to Mr Andrew Jordan, affected resident, from Chairman, explaining that in light of the responses received from ALTRAC Light Rail and Transport for NSW no further action will be taken in relation to the concerns he raised

 9 November 2018 – Email to Hon Ron Hoenig MP, Member for Heffron, from secretariat, attaching a copy of the correspondence sent to Mr Andrew Jordan

 12 November 2018 – Letter to Mr Juan Antonio Adan, Construction Director, Acciona Infrastructure Australia Pty Ltd, from secretariat, seeking any additional comments regarding the Ausgrid guidelines

 14 November 2018 – Letter to Mr John Gregor, Director, Finance, Department of Parliamentary Services, from Chairman, requesting to issue a cheque to Mr Bede Noonan as expenses for the witness's appearance before the committee.

The Clerk provided a short briefing on the committee's powers to seek information from Transport for NSW on matters in which they claim commercial or cabinet confidentiality in their responses to questions taken on notice arising from the hearing on 4 October 2018.

 the committee write to Transport for NSW to request that it reconsider its refusal to provide the information sought and assert the Legislative Council's position that:

o the Council does not accept its objections on the basis of commercial and Cabinet confidentiality as a reason not to produce the information

o in relation to Cabinet confidentiality, NCAT has determined that the Health Checks and Gateway Reviews cannot be considered to be Cabinet-in-confidence according to the expansive definition used in the GIPA Act, as they were not prepared for the dominant purpose of being submitted to Cabinet; and that in any case, the Legislative Council takes the view (as set out in the resolution of the House of 21 June 2018) that the test to be applied in determining whether a document is a Cabinet document is, at a minimum, that applied by Spigelman CJ in Egan v Chadwick, and the Health Checks and Gateway Reviews do not reach this threshold.

 the committee recall Transport for NSW to appear at the public hearing on 29 November 2018, and the secretariat liaise with witnesses to ascertain whether appearing in camera at this hearing would alleviate their concerns.

Mr Donnelly moved: That the motion of Ms Faehrmann be amended by inserting the following dot point at the end of the motion:

'if Transport for NSW fails to produce the Health Checks and Gateway Reviews documents as sought prior to or at the hearing on 29 November 2018 the committee will order the production of the documents under standing order 208(c).'

Amendment of Mr Donnelly put and passed.

Original question of Ms Faehrmann, as amended, put and passed.

Resolved, on the motion of Mr Mallard: That the opening statement provided by Ausgrid be included in the transcript from their appearance.

The committee confirmed the report deliberative will be held at 10.00 am Tuesday 22 January 2019.

The committee adjourned at 10.25 am, until Thursday 29 November 2018, 9.30 am, Jubilee Room, Parliament House (CBD Light Rail public hearing).

Sarah Dunn

Thursday 29 November 2018

Public Accountability Committee

Jubilee Room, Parliament House, Sydney, at 9.35 am

Mr Mason-Cox, Deputy Chair (from 12.55 pm)

Mr Donnelly

Ms Faehrmann (from 9.45 am)

Mrs Houssos

Mr Khan (from 9.35 am until 10.09 am, from 10.35 am)

Mr Mallard

Mr Searle (participating from 12.55 pm until 1.10 pm, from 1.48 pm until 2.30pm, from 2.55 pm)

The Clerk noted the absence of both the Chair and Deputy Chair for the meeting. The Clerk called for nominations for a member to act as Chair for the purpose of the meeting.

Mr Donnelly moved: That Mr Khan be elected Chair of the Committee.

There being no further nominations, the Clerk declared Mr Khan elected Chair.

Resolved, on the motion of Mrs Houssos: That draft minutes no. 15 be confirmed.

The committee noted the following items of correspondence:

 22 November 2018 – Affidavit of service for the summons on Mr Bede Noonan, Managing Director, Acciona Infrastructure Australia, to appear at a hearing on 29 November 2018

 22 November 2018 – Letter from Chairman, to Mr Rodd Staples, Secretary, Transport for NSW, requesting a further response to questions 2 and 3 of the questions on notice and related documents and inviting to appear at a hearing on 29 November 2018.

Resolved, on the motion of Mr Donnelly: That:

 any supplementary questions from members be provided to the secretariat by 4.00pm Friday 30 November 2018

 any responses to questions taken on notice and/or supplementary questions for witnesses appearing at the 29 November hearing be due within 7 calendar days from the receipt of those questions.

Revd Nile arrived and resumed as Chair.

Witnesses, the public and the media were admitted.

The Chair made an opening statement regarding the broadcasting of proceedings and other matters.

The following witness was reminded that they did not need to be sworn, as they had been sworn at an earlier hearing:

 Mr Bede Noonan, Managing Director, Acciona Infrastructure Australia.

Mr Noonan tendered the following document:

 notes that formed the basis of Mr Noonan's opening statement.

The evidence concluded and the witness withdrew.

The public and the media withdrew.

Resolved, on the motion of Mr Khan: That the committee defer consideration of the publication of the Health Check - In Delivery Report, received from Transport for NSW, until shortly before the hearing re-commences at 1.00 pm, and the secretariat seek advice from the Clerk.

Mr Searle arrived.

Resolved, on the motion of Mr Donnelly: That Mr Searle, who has advised the committee that he intends to participate for the duration of the hearing on 29 November 2018, be provided with copies of hearing related documents.

The secretariat provided the committee with the advice from the Clerk in relation to the publication of the Health Check – In Delivery Report, dated 24 November 2016.

Resolved, on the motion of Mr Donnelly: That the committee authorise the publication of the Health Check – In Delivery Report, dated 24 November 2016, received by Transport for NSW, with the exception of Appendix B which is to remain confidential as it contains identifying information, and that the committee request Transport for NSW provide an un-redacted version of this document on a confidential basis at this stage.

Witnesses, the public and the media were admitted.

The following witness was reminded that they did not need to be sworn, as they had been sworn at an earlier hearing:

 Ms Margaret Prendergast, Coordinator General, Transport Coordination Office, Transport for NSW.

The following witness was sworn and examined:

 Mr Rodd Staples, Secretary, Transport for NSW.

Mr Staples tendered the following documents:

 notes that formed the basis of Mr Staples opening statement, to be incorporated into the transcript

 letter from Mr Glenn Bentley, ALTRAC Light Rail, to Mr Jeff Goodling, Transport for NSW, dated 20 April 2015, in relation to the Deed of Adjustment Works to Network Assets and draft Adjustment Guidelines – Ausgrid.

The public and the media withdrew.

The public hearing concluded at 3.00 pm.

Resolved, on the motion of Mr Donnelly: That the question on notice taken by Mr Steve Lancken, Independent Chair, M4 East and New M5 Air Quality Community Consultative Committees, regarding his fee arrangements for services provided, be kept confidential, as per his request.

Resolved, on the motion of Ms Faerhmann: That the committee write to Mr Steve Lancken, Independent Chair, M4 East and New M5 Air Quality Community Consultative Committees seeking clarification of his evidence provided on 7 November 2018 relating to the number of appointments made to the M4 East Air Quality Community Consultative Committee.

Resolved, on the motion of Mr Khan: That the committee keep submission nos. 88, 92 and 95 confidential, as per the recommendation of the secretariat, as they contain potential adverse mention and would require significant redaction if published.

Resolved, on the motion of Mr Khan: That the committee keep the attachments to submission no. 95 confidential, in accordance with usual practice and as per the recommendation of the secretariat.

The committee noted that the following answers to questions on notice and supplementary questions were published by the committee clerk under the authorisation of the resolution appointing the committee:

 answers to questions on notice from Mr Mark Coxon, Managing Director, Alstom Transport Australia, received 29 October 2018

 answers to questions on notice from Mr Brian Brennan, Managing Director, Transdev Sydney, received 2 November 2018

 answers to questions on notice from Mr Bede Noonan, Managing Director, Acciona Infrastructure Australia, received 2 November 2018

 answers to questions on notice from Mr James Bramley, Chairman, ALTRAC Light Rail, received 1 November 2018

 answers to questions on notice from Transport for NSW, received 4 November 2018.

Resolved, on the motion of Mr Donnelly: That the committee authorise the publication of the answers to questions on notice and photographs from Ms Cat Wright, affected resident, received 20-22 October 2018.

Resolved, on the motion of Mr Khan: That a footnote be included in the transcript of 4 October 2018 noting the clarification received by Ms Margaret Prendergast, Coordinator General, Transport Coordination Office, Transport for New South Wales.

Resolved, on the motion of Mrs Houssos: That the committee accept and publish the following documents tendered during the public hearing:

 notes that formed the basis of Mr Bede Noonan's opening statement, tendered by Mr Bede Noonan, Managing Director, Acciona Infrastructure Australia

 notes that formed the basis of Mr Rodd Staples opening statement, tendered by Mr Rodd Staples, Secretary, Transport for NSW

 letter from Mr Glenn Bentley, ALTRAC Light Rail, to Mr Jeff Goodling, Transport for NSW, dated 20 April 2015, in relation to the Deed of Adjustment Works to Network Assets and draft Adjustment Guidelines – Ausgrid, tendered by Mr Rodd Staples, Secretary, Transport for NSW.

The committee adjourned at 3.10 pm, until Tuesday 11 December 2018, McKell Room, Parliament House (WestConnex report deliberative).

Tina Higgins

Tuesday 22 January 2019

Public Accountability Committee

McKell Room, Parliament House, Sydney at 10.03 am

Revd Nile, Chairman

Mr Mason-Cox, Deputy Chair

Mr Donnelly

Ms Faehrmann (substituting for Mr Field from 12.44 pm)

Mr Field (until 12.44 pm)

Mr Khan

Mrs Houssos

Mr Mallard (substituting for Mrs Ward)

Resolved, on the motion of Mr Donnelly: That draft minutes no. 17 be confirmed.

The committee noted the following items of correspondence:

 30 May 2018 – Letter from Dr Maxine Cooper, ACT Auditor-General, to Chairman, declining to make a submission to the scrutiny of public accountability inquiry

 1 June 2018 – Letter from Ms Margaret Crawford, Auditor-General, NSW Audit Office, to Chairman, accepting the committee's invitation to provide a regular briefing to the committee together with the Deputy Auditor-General and Assistant Auditor-General Performance Audit

 1 June 2018 – Email from Mr John Bladen, to committee, requesting that the committee investigate the effectiveness of the NSW Firearms Registry

 6 June 2018 – Email from Mr Paul Cooper, to committee, regarding the validity and effectiveness of the Rock Fishing Safety Act

 11 June 2018 – Letter from Mr Andrew Greaves, Auditor-General for Victoria, to Chairman, advising that the Audit Office will not be providing a submission to the Scrutiny of public accountability inquiry

 29 November 2018 – Email from Mr Todd Lister, Manager, Parliamentary Services, Transport for NSW, to secretariat, requesting that the Health Check – In Delivery Report, Infrastructure NSW, provided to the committee be kept confidential

 3 December 2018 – Email from Ms Victoria Waller, Senior Policy and Project Officer, NSW Environment Protection Authority, to secretariat, requesting that the attachments to answers to questions on notice be kept confidential

 5 December 2018 – Letter from Mr Juan Antonio Adan, Construction Director, Acciona Infrastructure Australia Pty Ltd, to Chairman, declining to respond to supplementary questions without a further summons due to the confidentiality obligation contained in their contract

 7 December 2018 – Letter from Mr Juan Antonio Adan, Construction Director, Acciona Infrastructure Australia Pty Ltd, to Chairman, advising that they are unable to meet the deadline to respond to answers to questions on notice and will provide a response by 14 December 2018

 7 December 2018 – Email from Mr Julian Elliott, Head of Corporate Communications, Acciona Infrastructure Australia, to committee, requesting video footage from the hearing on 29 November 2018

 10 December 2018 – Email from Mr Peter Egan, Transport Analyst, Sydney Light Rail Action Group, to committee, providing additional information to the committee on the analysis of light rail capacity

 10 December 2018 – Email from Mr Ismat Zerin Joarder, Sydney Light Rail Project, Acciona Infrastructure Australia Pty Ltd, to secretariat, clarifying if the request to provide answers to questions on notice by 14 December 2018 has been approved

 13 December 2018 - Email from Mr Peter Egan, Transport Analyst, Sydney Light Rail Action Group, to committee, providing additional information to the committee on costs-benefits ratios

 13 December 2018 - Email from Mr Peter Egan, Transport Analyst, Sydney Light Rail Action Group, to committee, providing additional information to the committee on relevant evidence released by Australian Bureau of Statistics

 13 December 2018 – Letter from Mr Juan Antonio Adan, Construction Director, Acciona Infrastructure Australia Pty Ltd, to Chairman, advising that they are unable to meet the revised deadline to respond to answers to questions on notice and will provide a response by 21 December 2018

 14 December 2018 – Letter from Ms Elizabeth Mildwater, Acting Secretary, Transport for NSW, to Chairman, providing additional information relating to the answers to questions on notice from 29 November hearing and requesting confidentiality

 17 December 2018 – Email from Mr Bahar Yildirim, Senior Ministerial Liaison Officer, Department of Planning and Environment, to secretariat, responding to the request for information regarding the Independent Environmental Representative

 17 December 2018 - Email from Mr Bahar Yildirim, Senior Ministerial Liaison Officer, Department of Planning and Environment, confirming that the information regarding the Independent Environmental Representative can be made public

 15 January 2019 – Email from Mr Anthony Meere, Executive Director, Transport for NSW, requesting the committee keep confidential the document entitled 'CBD and South East Light Rail: Preliminary Ausgrid Asset Assessment, Treatments and Supply Advice' received on 15 January 2018

 17 January 2019 – Letter from the Hon Natasha Maclaren-Jones MLC, to secretariat, advising that the Hon Shayne Mallard MLC will be substituting for the Hon Natalie Ward MLC at the report deliberative on 22 January 2019

 21 January 2019 – Email from the Hon Justin Field MLC, to secretariat, advising that the Hon Cat Faehrmann MLC will be substituting for him for part of the report deliberative on 22 January 2019.

 5 December 2018 – Email from secretariat, to Mr Todd Lister, Manager, Parliamentary Services, Transport for NSW, requesting an un-redacted version of the Health Check – In Delivery Report

 6 December 2018 – Email from secretariat, to the Department of Planning and Environment, requesting information in relation to the Independent Environmental Representative for the CBD and South East Light Rail Project

 10 December 2018 – Email from secretariat, to Mr Ismat Zerin Joarder, Sydney Light Rail Project, Acciona Infrastructure Australia Pty Ltd, confirming there were no objections from members in providing the answers to questions on notice by 14 December 2018

 17 December 2018 – Letter from Chairman, to Mr Juan Antonio Adan, Construction Director, Acciona Infrastructure Australia Pty Ltd, responding to the letter of 5 and 13 December 2018 in relation to answers to questions on notice and supplementary questions.

Resolved, on the motion of Mr Mallard: That the committee keep the following correspondence confidential, as per the recommendation of the secretariat, as it contains identifying and/or sensitive information:

 email from Mr John and Mrs Jan Macdonald, to committee, regarding the scrutiny of NSW Police in relation to a private matter

 email from Mr Paul Cooper to the committee, regarding the validity and effectiveness of the Rock Fishing Safety Act, dated 6 June 2018.

The committee noted that the following submissions were published by the committee clerk under the authorisation of the resolution appointing the committee: submission nos. 1 and 2.

Mr Field moved: That paragraph 3.13 be amended by inserting 'The committee recognises that public accountability would be best served if a joint committee was established within the next Parliament. However,' after 'to be re-established as a joint committee.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Mr Field, Mrs Houssos, Mr Mason-Cox.

Noes: Mr Khan, Mr Mallard, Revd Nile.

Question resolved in the affirmative.

Consideration of the remainder of the Chairman's draft report was deferred until the conclusion of the meeting.

The committee noted that the following answers to questions on notice and supplementary questions were published by the committee clerk under the authorisation of the resolution appointing the committee:

 answers to questions on notice and supplementary questions from Ms Victoria Waller, Senior Policy and Project Officer, NSW Environment Protection Authority, received 30 November 2018.

Resolved, on the motion of Mr Field: That the committee authorise the publication of the seven attachments to answers to questions on notice from the NSW Environment Protection Authority, and the accompanying letter, received 30 November 2018.

The committee noted that the following answers to questions on notice and supplementary questions from Ms Elizabeth Mildwater, Acting Secretary, Transport for NSW, received 12 December 2018, were published by the committee clerk under the authorisation of the resolution appointing the committee:

 cover letter and answers to questions on notice

 answers to supplementary questions

Resolved, on the motion of Mrs Houssos: That the committee keep confidential:

 the names and titles of the persons listed in Appendix B of the February 2016 preliminary draft Gateway Health Check Report, as per the request of the author

 versions 1-6 of the draft Ausgrid Guidelines, as per the request of the author.

Resolved, on the motion of Mr Mallard: That the committee keep confidential the document entitled 'CBD and South East Light Rail: Preliminary Ausgrid Asset Assessment, Treatments and Supply Advice', from Transport for NSW, received 15 January 2019, as per the request of the author.

Resolved, on the motion of Mr Khan: That the committee authorise the publication of Appendix A – Agency's response to recommendations from Transport for NSW, received on 14 December 2018, with the exception of the names and titles of the persons listed in Appendix A which are to remain confidential, as per the request of the author.

The committee noted that the following answers to questions on notice were published by the committee clerk under the authorisation of the resolution appointing the committee:

 answers to questions on notice from Mr Bede Noonan, Managing Director, Acciona Infrastructure Australia, received 21 December 2018.

The committee noted the correspondence received from Acciona on 5 and 21 December 2018 declining to respond to supplementary questions from 29 November hearing without a further summons due to the confidentiality obligation contained in their contract.

The committee noted that the correspondence from the Department of Planning and Environment in reply to a request for information regarding the Independent Environmental Representative for the light rail project, received 17 December 2018, was published by the committee clerk under the authorisation of the resolution appointing the committee.

Resolved, on the motion of Mr Khan: That footnotes be included in the transcript of 29 November 2018 noting the clarifications as raised by the secretariat with the committee of Mr Rodd Staples, Secretary, Transport for New South Wales, received 12 December 2018.

Resolved, on the motion of Mr Khan: That the committee decline to release the video footage of Mr Bede Noonan and Transport for NSW at the 29 November 2018 hearing to Acciona Infrastructure Australia.

Resolved, on the motion of Mr Mallard: That the committee authorise the publication of the advice from the Clerk of the Parliaments, regarding witness objections to answering questions on the basis of commercial and Cabinet confidentiality, dated 14 November 2018.

The Chairman submitted his draft report entitled Inquiry into the impact of the CBD and South East Light Rail Project, which, having been previously circulated, was taken as being read.

Resolved, on the motion of Mrs Houssos: That paragraph 1.3 be amended by omitting the third bullet point which states: 'the potential to join two light rail vehicles for special events at Moore Park to move up to 18,000 people per hour in each direction'.

Mr Field moved: That the following new paragraph be inserted after paragraph 1.7:

'On 17 May 2013 the Environmental Planning and Assessment Amendment (Light Rail Project) Order 2013 was gazetted by the Planning Minister, Brad Hazzard, to declare the light rail project 'critical state significant infrastructure' under the State and Regional Development State Environmental Planning Policy. Under the Environmental Planning and Assessment Act 1979 this allows the project to proceed without certain provisions of the Act applying to it. Provisions which do not apply to the light rail project include:

2. Development control orders, such as stop work orders or public safety orders or compliance orders

3. Environmental Protection Notices and stop work orders issued by the EPA under the Protection of the Environment Operations Act 1997.'

Mr Khan moved: That the motion of Mr Field be amended by omitting ' Under the Environmental Planning and Assessment Act 1979 this allows the project to proceed without certain provisions of the Act applying to it. Provisions which do not apply to the light rail project include: 1 Third-party appeal provisions which allow any person to bring proceedings in the Court for an order to remedy or restrain a breach of this Act 2. Development control orders, such as stop work orders or public safety orders or compliance orders 3. Environmental Protection Notices and stop work orders issued by the EPA under the Protection of the Environment Operations Act 1997.'

Amendment of Mr Khan put and passed.

Original question of Mr Field, as amended, put and passed.

Mr Field moved:

a) That the following new paragraph be inserted after paragraph 1.20:

'The committee does not agree with the decision to construct the light rail project as a public-private partnership. At a time of historically low interest rates the committee believes that public infrastructure projects of the scale of the CBD and South East light rail project should not be financed and/or delivered by the private sector'

b) That the following new recommendation be inserted after paragraph 1.20:

That at a time of historically low interest rates public infrastructure projects of the scale of the CBD and South East light rail project should not be financed and delivered by the private sector.'

Question put.

The committee divided.

Ayes: Mr Field.

Noes: Mr Donnelly, Mr Khan, Mrs Houssos, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Mrs Houssos moved: That the following new paragraph be inserted after paragraph 1.23:

'Yet, Transport for NSW was unable to provide specific improvements on travel times to the committee. The committee received testimony that once opened, the journey on the CSELR from Randwick to Circular Quay would take longer than the bus services that operated prior to the project’s commencement. Transport for NSW were unable, or unwilling, to respond to this.'

Mr Khan moved: That the motion of Mrs Houssos be amended by omitting 'The committee received testimony that once opened, the journey on the CSELR from Randwick to Circular Quay would take longer than the bus services that operated prior to the project’s commencement. Transport for NSW were unable, or unwilling, to respond to this'

Amendment of Mr Khan put.

Ayes: Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Noes: Mr Donnelly, Mr Field, Mrs Houssos.

Amendment of Mr Khan resolved in the affirmative.

Original question of Mrs Houssos, as amended, put and passed.

Resolved, on the motion of Mrs Houssos: That paragraph 1.28 be amended by omitting 'From the outset' and inserting instead 'At the outset'.

Mrs Houssos moved: That paragraph 1.30 be amended by omitting 'Like City for Sydney, Randwick City Council expressed concerns about the impact of construction work, particularly on businesses in Kensington and Kingsford' and inserting instead 'Both City of Sydney and Randwick City Councils also outlined the extensive concerns they had with the delivery of the project and complaints they had received from their local residents and businesses. These complaints focused on the delays of the project, but also included poor communication from Transport for NSW and contractors with residents and businesses, lack of transparency about compensation offered to businesses, complaints about excessive construction noise and out of hours works and their impact'.

Question put and negatived.

Mrs Houssos moved: That paragraph 1.31 be amended by omitting: 'The committee notes the benefits of the CSELR and believes it is a good solution to ease the increasing traffic congestion in the Sydney CBD. The committee looks forward to seeing the project finalised', and inserting instead:

'The committee notes the submissions from Transport for NSW outlining the potential benefits of the CSELR project. While the committee is not opposed to light rail projects in principle, it was unable to verify these claims as it was not provided with accurate information on journey times, once the project is completed, nor could it determine what the actual benefit of the project will be, without determining a final cost.

It is clear that the scope of the project changed a number of times, and poor planning, particularly at the initial stages, has led to delays and cost blow outs.'

The committee divided.

Ayes: Mr Donnelly, Mr Field, Mrs Houssos.

Noes: Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Mrs Houssos moved: That paragraph 1.31 be omitted: 'The committee notes the benefits of the CSELR and believes it is a good solution to ease the increasing traffic congestion in the Sydney CBD. The committee looks forward to seeing the project finalised.'

Mr Khan moved: That the motion of Mrs Houssos be amended by inserting 'The committee notes the benefits of the CSELR and believes it is a good solution to ease the increasing traffic congestion in the Sydney CBD. The committee looks forward to seeing the project finalised', after Recommendation 4.

Amendment of Mr Khan put.

The committee divided.

Noes: Mr Donnelly, Mr Field, Mrs Houssos.

Amendment of Mr Khan resolved in the affirmative.

Resolved, on the motion of Mrs Houssos: That paragraph 1.37 be omitted: 'The Auditor-General made two recommendations: firstly, that Transport for NSW should, by December 2016, finalise outstanding design and scope issues, confirm that controls over the budget and use of contingency funds are consistent with the relevant guidelines, update and consolidate information about project costs and benefits and ensure that it is readily accessible to the public and ensure that the Sydney Light Rail Project Director provides six-monthly briefings to the Transport for NSW's Audit and Risk Committee. Secondly, the Auditor General recommended that for all capital projects, Transport for NSW should comply with the Infrastructure Investor Assurance Framework.' [FOOTNOTE: Audit Office of NSW, CBD and South East Light Rail Project, 30 November 2016, p 4.], and the following new paragraph be inserted instead:

The Auditor-General in the report recommended:

1 For the CSELR project, Transport for NSW should, by December 2016:

a) finalise outstanding design and scope issues

b) ask the project Advisory Board to confirm that controls over the budget and use of contingency funds are consistent with NSW Government decisions and NSW Treasury guidelines

c) update and consolidate information about project costs and benefits and ensure that it is readily accessible to the public

d) ensure the Sydney Light Rail Project Director provides six-monthly briefings to the TfNSW Audit and Risk Committee.

2 For all capital projects, Transport for NSW should comply with the Infrastructure Investor Assurance Framework.

[FOOTNOTE: Audit Office of NSW, CBD and South East Light Rail Project, 30 November 2016, p 4.]

Resolved, on the motion of Mrs Houssos: That the following new paragraphs be inserted after paragraph 1.40:

'The Auditor-General noted that the governance of the project includes the CBD and South East Light Rail Advisory Board (the Board). The Auditor-General commented that:

"The Board's role is to provide assurance and strategic oversight of the procurement and delivery stages so there is an independent, critical review of how TfNSW is managing the project. During our review of the Board minutes we noted the Board expressed concerns it was not receiving updates on the final forecasted cost on a timely basis."

It was further noted that Transport for NSW had disclosed contingent liabilities in relation to the project as at 30 June 2018. However, as observed:

"Management have not quantified the liability as they believe it cannot be measured reliably due to uncertainties as to the extent of the future liability."'

[FOOTNOTE: Audit Office of NSW, Transport 2018 Financial Audit Report, 28 November, p 36.]

Mrs Houssos moved: That paragraph 1.43 be omitted: 'The committee notes that since the CSELR project started the Auditor-General has made several observations regarding the project, particularly on the planning and procurement of the project and its financing. It is concerning that issues are arising during the pre-planning stages of this project and other major infrastructure projects across New South Wales, such as the WestConnex project. Not only were concerns highlighted by the Auditor-General early on, there continues to be concerns with the CSELR project that will be discussed later in the report', and the following new paragraphs and finding be inserted instead:

'The committee is deeply concerned by the findings of the Auditor-General that a failure by the government to properly plan the CSELR project has led to significant cost blow outs and delays. The impact of these delays will be discussed in subsequent chapters.

Despite advice in 2013 to resolve outstanding design and scope issues as a matter of urgency, there remains a number of outstanding issues between Transport for NSW and the contractor.

It is alarming that the NSW Government did not resolve pricing issues after they were raised by the Auditor-General in 2013. The committee finds that a further cost blow out is now inevitable.

Given the initial calculation of the cost-benefit ratio was determined on a cost of $1.6 billion and the benefits being $4 billion, the committee recommends that the Auditor-General calculate a revised cost-benefit ratio for the CSELR project.'

'Finding X

A failure by the government to properly plan the CSELR project has led to significant cost blow outs and delays.'

The committee divided.

Ayes: Mr Donnelly, Mr Field, Mrs Houssos.

Noes: Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Mrs Houssos moved: That the following new recommendation be inserted after paragraph 1.43:

'Recommendation X

That Transport for NSW, once the final cost is determined, calculate a final cost benefit ratio for the project.'

Question put and negatived.

Resolved, on the motion of Mrs Houssos: That paragraph 2.19 be omitted: 'The committee heard from the contractors involved with the project about the collaborative approach taken to mitigate delays'.

Resolved, on the motion of Mr Donnelly: That the following new paragraph be inserted after paragraph 2.27:

'In evidence provided to the committee by Mr Noonan on 29 November regarding the company's commitment to complete the project he said: "We have no desire to do anything but complete this project as soon as possible".' [FOOTNOTE: Evidence, Mr Bede Noonan, Managing Director, Acciona Infrastructure Australia, 29 November 2018, p 23.]

Resolved, on the motion of Mr Donnelly: That paragraph 2.39 be amended by omitting 'its core contractors appear to have a different view, and this is concerning, particularly given the ongoing negative impacts of construction work' and inserting instead 'its core contractors appear to have a different view. Both ALTRAC and Acciona have informed Transport for NSW that the completion date for the project is May 2020. This is concerning, particularly given the ongoing negative impacts of construction work'.

Resolved, on the motion of Mr Donnelly: That the following new paragraph be inserted after paragraph 2.40:

'Nevertheless, all governments, irrespective of their political persuasions, must do everything they can during the concept, planning and scoping stages of infrastructure projects to ensure all that can be done is done to lock in tightly firm completion dates'.

Resolved, on the motion of Mr Donnelly: That paragraph 2.52 be amended by omitting 'The Auditor-General made a few observations about the cost' and inserting instead 'The Auditor-General made a number of observations about the cost'.

Mr Donnelly moved: That paragraph 2.81 be amended by:

a) inserting 'particularly' before 'concerned that the cost'

b) omitting 'the project is increasing' and inserting instead 'the project continues to increase, with a final figure unknown at this time.'

c) inserting at the end 'and that it occurred because of poor project planning.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Mr Field, Mrs Houssos.

Noes: Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Resolved in the negative.

Mr Donnelly moved: That paragraph 2.83 be amended by omitting 'the committee questions whether the costs of the project are being managed effectively' and inserting instead 'the committee believes that there is sufficient evidence to conclude that the CSELR project has been mismanaged. The answer of who is responsible for the mismanagement is a matter of ongoing debate.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Mr Field, Mrs Houssos.

Noes: Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Resolved in the negative.

Mr Donnelly moved: That the following new finding be inserted after paragraph 2.83:

'Finding X

The committee is unable to establish a final cost for the CSELR project, or a final delivery date.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Mr Field, Mrs Houssos.

Noes: Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Resolved in the negative.

Resolved, on the motion of Mr Donnelly: That the heading before 2.86 be amended by omitting 'Ausgrid's Adjustment Guidelines' and inserting instead 'Ausgrid's explanation of their Adjustment Guidelines'.

Resolved, on the motion of Mrs Houssos: That paragraph 2.87 be omitted: 'According to Transport for NSW, an initial draft of the Adjustment Guidelines developed by Ausgrid specifically for the project were provided to the department on 3 February 2015, after the proposal period for the project had expired'.

Resolved, on the motion of Mrs Houssos: That paragraph 2.88 be amended by omitting 'After Transport for NSW provided feedback on the first version of the guidelines, further drafts were provided on 20, 23 and 24 February 2015' and inserting instead 'Transport for NSW initially informed the committee that it received the guidelines on 27 February 2015. However, subsequent questioning from the committee revealed they were provided with an initial draft on the 3 February 2015, with further drafts provided on 20, 23 and 24 February 2015'.

Resolved, on the motion of Mrs Houssos: That paragraph 2.89 be amended by inserting 'Ausgrid maintains' before 'the guidelines were drafted in accordance'.

Resolved, on the motion of Mrs Houssos: That paragraph 2.91 be amended by inserting ' Ausgrid explained to the committee that' before 'the guidelines developed by Ausgrid supplemented the network standards'.

Resolved, on the motion of Mr Donnelly: That paragraph 2.93 be amended by omitting 'Mr Noonan explained the probity rules that he felt applied' and inserting instead 'Mr Noonan explained the probity rules that he believed applied'.

Mrs Faehrmann arrived at 12.44 pm.

Mr Field left at 12.44 pm.

Mr Donnelly moved: That paragraph 2.151 be amended by omitting 'That aside, the committee accepts that the guidelines were produced to clarify network standards in relation to the treatment of utility assets' and inserting instead 'The committee does not form a position on the dispute between Transport for NSW and its contractors but expresses alarm that the Agency ultimately responsible (Transport for NSW) was unable to prevent this disaster. The delays and contractor dispute leads the committee to find that the project has been mismanaged.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes: Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Resolved in the negative.

Resolved, on the motion of Mr Donnelly: That paragraph 2.153 and Recommendation 1 be amended by omitting 'the NSW Government commission an independent review' and inserting instead 'the NSW Government formally request the Auditor-General to undertake a review'.

Resolved, on the motion of Mr Donnelly: That paragraph 3.25 be amended by inserting 'if fully realised' after 'capacity'.

Resolved, on the motion of Mr Donnelly: That paragraph 3.27 be amended by inserting at the end: 'Furthermore, we recommend that Transport for NSW will publish on at least a quarterly basis patronage data on the CBD and South East Light Rail service.'

Resolved, on the motion of Mr Donnelly: That Recommendation 3 be omitted: 'That Transport for NSW closely monitor patronage on the CBD and South East Light Rail service once it becomes operational, to ensure it can respond effectively to future demand', and the following new recommendation be inserted instead:

'Recommendation X

That Transport for NSW:

 publish on at least a quarterly basis patronage data on the CBD and South East Light Rail service.'

Resolved, on the motion of Mr Donnelly: That paragraph 3.52 be amended by inserting at the end: 'However, the committee accepts that with these significant matters still not finalised at this stage, of what has been a lengthy project, it is understandable that there is public disquiet.'

Resolved, on the motion of Mr Donnelly: That the following new paragraph be inserted after paragraph 3.54:

'The committee understands that negotiations regarding signal prioritisation are continuing to take place between relevant government departments and agencies, in particular Transport for NSW, Roads and Maritime Services and the NSW Police Force.'

Resolved, on the motion of Mr Mallard: That paragraph 3.62 be amended by omitting 'genuinely', and omitting 'consider' and inserting instead 'reconsider'.

Resolved, on the motion of Mr Donnelly: That paragraph 3.64 be amended by inserting 'with the view to give favourable consideration' after 'need'.

Resolved, on the motion of Mr Donnelly: That Recommendation 5 be amended by inserting 'with the view to give favourable consideration' after need'.

Resolved, on the motion of Mrs Houssos: That paragraph 4.1 be amended by inserting 'large' before ' number'.

Resolved, on the motion of Mrs Houssos: That the following new paragraph be inserted after paragraph 4.6:

'Ms Shurey further commented on the impact it was also having on students living alongside the CSELR route who were studying for their HSC:

We do have residents whose children are going through the HSC. It is becoming impossible for their children to study. It is really impacting on the future lives of these children. The noise is constant. Days are going on and they are not getting any sleep. It is really impacting on them.' [FOOTNOTE: Evidence, Ms Lindsay Shurey, Mayor, Randwick City Council, 20 August 2018, p 38.]

Resolved, on the motion of Ms Faehrmann: That a new heading be inserted after paragraph 4.30: 'Impact of the Critical State Significant Infrastructure declaration'.

Ms Faehrmann moved: That the following new paragraphs be inserted after paragraph 4.31:

'The committee also heard evidence from members of the public who expressed concern that the critical state significant infrastructure provisions prevented proper enforcement of conditions of approval:

We look to scrutiny and review of awarding State significant critical infrastructure and the exclusion of the public in its execution [FOOTNOTE: Evidence, Ms Hogg, Saving Sydney Trees, 20 August 2018].

The next thing I want is I want the light rail project stripped of its critical infrastructure tag. This critical infrastructure tag was a Trojan horse to let the project get away with blue murder and not be held accountable for what it is and to work and not pay compensation to small businesses and residents. [FOOTNOTE: Evidence, Mr Jordan, Affected Resident, 3 October 2018].

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes: Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Resolved, on the motion of Ms Faehrmann: That new paragraphs and a recommendation be inserted after paragraph 4.31:

'The committee also heard evidence from members of the public who expressed concern that the critical state significant infrastructure provisions prevented proper enforcement of conditions of approval:

We look to scrutiny and review of awarding State significant critical infrastructure and the exclusion of the public in its execution [FOOTNOTE: Evidence, Ms Hogg, Saving Sydney Trees, 20 August 2018].

The next thing I want is I want the light rail project stripped of its critical infrastructure tag. This critical infrastructure tag was a Trojan horse to let the project get away with blue murder and not be held accountable for what it is and to work and not pay compensation to small businesses and residents. [FOOTNOTE: Evidence, Mr Jordan, Affected Resident, 3 October 2018].

In light of the concerns expressed by members of the public, the committee recommends that the NSW Government undertake a review of the exemptions provided to projects declared Critical State Significant Infrastructure.

That the NSW Government undertake a review of the exemptions provided to projects declared Critical State Significant Infrastructure.'

Mrs Houssos moved: That paragraph 4.60 be amended by omitting 'commends Transport for NSW for' and inserting instead 'notes that Transport for NSW is'.

Question put.

Ayes: Mr Donnelly, Mrs Houssos.

Noes: Ms Faehrmann, Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Resolved, on the motion of Mrs Houssos: That paragraph 4.60 be amended by:

a) inserting 'has rendered these alternative accommodation arrangements impracticable for some residents' after 'claiming payment'

b) and omitting 'we note' after 'however'.

Resolved, on the motion of Mrs Houssos: That paragraph 4.61 be amended by omitting 'were also pleased to see' and inserting instead 'note'.

Mrs Houssos moved: That Recommendation 7 be amended by omitting 'review the effectiveness' and inserting instead 'conduct a thorough review of the effectiveness'.

Question put and negatived.

Resolved, on the motion of Ms Faehrmann: That Recommendation 8 be amended by omitting 'a review of any outstanding claims for property damage by residents affected by the CBD and South East Light Rail' and inserting instead 'an urgent review of all claims for property damage which shall include recommendations for compensation for residents whose properties have been found to be adversely impacted by the CBD and South East Light Rail project,'.

Resolved, on the motion of Mrs Houssos: That Recommendation 8 be amended by inserting 'work with the residents and contractors to resolve these issues as soon as possible', and that this be a second dot point in Recommendation 8, to follow the original text, as amended by Ms Faehrmann.

Resolved, on the motion of Mrs Houssos: That paragraph 4.88 be amended by;

a) inserting 'experienced by' before 'residents along Doncaster Avenue'

b) omitting 'must feel' after 'residents along Doncaster Avenue'

c) omitting 'not had much' before 'respite' and inserting instead 'had little'.

Mrs Houssos moved: That paragraph 4.89 be amended by omitting 'welcomes' and inserting instead 'notes'.

Question put and negatived.

Resolved, on the motion of Mrs Houssos: That paragraph 4.90 be amended by omitting 'the main issue that needs to be addressed urgently' and inserting instead 'the most urgent issue that needs to be addressed immediately', and inserting 'as a matter of urgency' after 'arrange'.

Resolved, on the motion of Mrs Houssos: That Recommendation 10 be amended to insert 'as a matter of urgency' after 'arrange'.

Resolved, on the motion of Mr Donnelly: That paragraph 4.108 be amended by omitting 'car spots' and inserting instead 'parking spaces'.

Resolved, on the motion of Mrs Houssos: That paragraph 4.109 be amended by omitting 'commend' and inserting instead 'note that'.

Resolved, on the motion of Mrs Houssos: That paragraph 4.109 be amended by omitting 'on their work in providing' and inserting instead 'have worked to provide'.

Resolved, on the motion of Mrs Houssos: That paragraph 4.110 be omitted: 'The committee hopes that once the CSELR is operational it will deter people travelling into the city by car, enabling local community members to utilise the available car spots, and achieve less vehicle congestion within the Sydney CBD precinct.'

Mrs Houssos moved: That paragraph 4.132 be amended by omitting is 'encouraged by' and inserting instead 'notes'.

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes: Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Resolved, on the motion of Mrs Houssos: That paragraph 4.132 be amended by inserting ', particularly given the size and historical significance of a number of the trees that were removed' after 'community has lost'.

Ms Faehrmann moved: That a new recommendation be inserted after paragraph 4.132:

That the NSW Government ensure significant trees are adequately protected in legislation and that the design and development of state infrastructure prioritises their retention.'

Question put and negatived.

Ms Faehrmann moved: That a new recommendation be inserted after paragraph 4.132:

That the NSW Government ensure significant trees are adequately protected in legislation.'

Mr Mallard moved: That the motion of Ms Faehrmann be amended by omitting 'in legislation' and inserting instead 'and that the design and development of state infrastructure prioritises their retention'.

Amendment of Mr Mallard put and passed.

Original question of Ms Faehrmann, as amended, put and passed.

Mrs Houssos moved: That a finding be inserted after paragraph 4.132: 'With better planning of the CSELR project, more of the trees along the route could have been retained.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes:, Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

'Although all of the contractors recognised the significant impact of the delays of the CSELR project, the committee understands this offers little comfort to the residents and businesses affected by these delays.

The committee was deeply moved by the stories shared by the residents and businesses affected by the delays. The committee finds that the delay of the project is the root cause of the distress of the residents.

Although the committee acknowledges that every major infrastructure project has an impact, the failure of the government to respond quickly to concerns and to shroud the project in secrecy has exacerbated the disruption and suffering of residents.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes: Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Resolved, on the motion of Mr Khan: That:

a) paragraph 4.139 be amended by omitting 'thanks each of' and inserting instead 'acknowledges that', omitting 'for recognising' and inserting instead 'recognise', and omitting 'for apologising' and inserting instead 'have apologised'

b) paragraph 4.140 be amended by inserting a new first sentence: 'The committee was deeply moved by the stories shared by the residents and businesses affected by the delays.' and omitting the final sentence: 'We hope that the community will then reap the benefits of having a light rail service near their homes and businesses.'

Mrs Houssos moved: That a finding be inserted after paragraph 4.140:

'Finding X

The committee finds that the delay of the project is the root cause of the distress of the residents and businesses.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes:, Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Resolved, on the motion of Mrs Houssos: That a finding be inserted after paragraph 4.140:

'Finding X

The committee finds that the delay of the project has contributed to the distress of residents and businesses.'

Mrs Houssos moved: That a new recommendation be inserted after paragraph 4.140:

'Recommendation X

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes:, Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Resolved, on the motion of Mrs Houssos: That paragraph 5.1 be amended by omitting 'have financially struggled since the commencement' and inserting instead 'have financially struggled or even been forced to close since the commencement'.

Resolved, on the motion of Mrs Houssos: That paragraph 5.9 be amended by inserting at the end: 'She outlined the plan Vivo Café enacted in response to the expected disruption during the CSELR project construction.'

Mrs Houssos moved: That paragraph 5.37 be amended by omitting 'some businesses along the route, but we question the adequacy of this given the downturn' and inserting instead 'some businesses along the route, but the response was slow. We question the adequacy of this response given the downturn'.

Question put and negatived.

Resolved, on the motion of Mrs Houssos: That paragraph 5.38 be amended by omitting 'It was sad to see the devastating' and inserting instead 'It was distressing to see the devastating'.

Mrs Houssos moved: That paragraph 5.38 be amended by omitting 'We were disappointed to hear of the lack of support that was offered' and inserting instead 'We were angered to hear of the sluggish response and lack of support that was offered'.

Question put and negatived.

Resolved, on the motion of Mrs Houssos: That paragraph 5.39 be amended by inserting 'many' before 'others who have also felt'.

Resolved, on the motion of Mr Mallard: That paragraph 5.39 be amended by omitting 'closed its doors as a direct result' and inserting instead 'closed its doors as a result'.

Mrs Houssos moved: That paragraph 5.40 be amended by:

a) omitting 'The committee are pleased to see that the hoardings' and inserting instead 'We thank all of the businesses who shared their stories with the committee. While the committee acknowledges that the hoardings'

b) omitting 'we hope that this will start to lessen' and inserting instead 'this may start to lessen'

c) omitting 'and will finally provide some relief' and inserting instead 'this is little comfort to many businesses along the route'.

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes:, Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Resolved, on the motion of Mr Khan: That paragraph 5.40 be amended by omitting 'The committee are pleased to see' and inserting instead 'The committee acknowledges'.

Mrs Houssos moved: That paragraph 5.51 be omitted: 'Ms Prendergast contended that the department has proactively engaged with businesses throughout the process, commenting that 'the minute we started the scheme, anyone who had come to us before or showed any sign of starting to do it tough, we went proactively to them and offered them the assistance'.503 In addition, she noted that they have actively engaged with businesses to ensure they are there to receive the benefits of the CSELR when it is operational:

We have undertaken extensive engagement, as we have outlined in our submission, but I really want to make the point that our program has graduated over time. It commenced with proactive marketing to promote businesses, but as delays became apparent we graduated that program to provide financial assistance to help businesses because we want the businesses who are located on the route today to be the ones who experience the uplift.'

Question put and negatived.

Mrs Houssos moved: That paragraph 5.85 be omitted: 'The committee applauds the government for implementing the Small Business Assistance Program and providing financial assistance to those businesses in need. We recognise that this assistance is unprecedented, and was introduced when the extent of financial impact to small business owners became apparent', and the following new paragraphs be inserted instead:

'The committee acknowledges that there are impacts from any major infrastructure project. However the failure of the government to respond in a timely manner to the pleas of business, especially small business, led to closures and financial suffering.

The committee is concerned that support was not forthcoming when delays were first flagged. It was not until media reports of financial distress became common that the government provided financial support.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes:, Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Resolved, on the motion of Mr Khan: That paragraph 5.85 be amended by:

a) omitting 'The committee applauds the government for implementing the' and inserting instead 'The committee acknowledges that the government has implemented the'

b) omitting 'and was introduced when the extent of financial impact to small business owners became apparent.'

Mr Mason-Cox moved: That the following new paragraphs and recommendation be inserted after paragraph 5.85:

The committee considers that the government should review the guidelines governing the Small Business Assistance Program to be less restrictive.

That the NSW Government revise the guidelines for the Small Business Assistance Program and implement this scheme for all other major infrastructure projects.'

Question put and resolved in the affirmative with all members unanimously supporting the motion.

Mrs Houssos moved: That paragraph 5.88 be omitted: 'This aside, the committee acknowledges that many business owners have found this assistance helpful. We support the continuation of financial assistance, until businesses experience the uplift expected after the project is completed. We would suggest that, along with Transport for NSW, the Small Business Commissioner has an ongoing role to play in encouraging and supporting businesses to apply for financial assistance and support, even in circumstances where businesses may not necessarily meet eligibility criteria, given the department has indicated that it will consider matters on a case by case basis', and the following new paragraph be inserted instead:

'Until the completion of the CSELR project, Transport for NSW should continue to provide financial support for businesses. However, the current package should be expanded, made more transparent, easier to access and have shorter turnaround times for assistance.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes:, Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Mrs Houssos moved: That Recommendation 12 be omitted: 'That Transport for NSW and the Small Business Commissioner encourage and support businesses to apply for financial assistance under the Small Business Assistance Program, even in circumstances where businesses may not meet eligibility criteria', and the following new recommendation be inserted instead:

Recommendation X

'Until the completion of the CSELR project, Transport for NSW should continue to provide financial support for businesses. However, the current package should be expanded, made more transparent, easier to access and have shorter turnaround times for assistance.'

Question put and negatived.

Mrs Houssos moved: That paragraph 5.89 be amended by omitting 'A concerning issue for the committee was the impact the project' and inserting instead 'The committee was alarmed by the submissions and testimony from business owners about the effect the project'.

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes:, Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative. 

Mrs Houssos moved: That paragraph 5.91 be amended by:

a) inserting 'almost all of' before 'the business owners spoke of'

b) inserting 'adverse' before 'impact to their own mental health'.

Question put and negatived.

Resolved, on the motion of Mrs Houssos: That paragraph 5.95 be amended by omitting 'With this in mind, the committee' and inserting instead 'To address this, the committee'.

Resolved, on the motion of Mrs Houssos: That paragraph 5.96 be amended by omitting 'The committee suggests that Transport for NSW consider whether a more targeted' and inserting instead 'The committee suggests that Transport for NSW provide a more targeted'.

Mrs Houssos moved: That paragraph 5.117 be omitted: 'The committee agrees that more targeted business support should have been offered from the beginning of the project, based on the needs of individual businesses. We believe that there is still an opportunity for the government to work with impacted businesses to increase footfall in affected locations. The committee acknowledges Transport for NSW's Business Activation Program and recommends that the department expand this program, in consultation with small business owners. In particular, we recommend that the department work with affected businesses directly on marketing, communication and other initiatives to attract visitors to the affected areas', and the following new paragraphs and finding be inserted instead:

'The committee agrees that more targeted business support should have been offered from the beginning of the project, based on the needs of individual businesses. The committee finds that the support for business was inadequate, especially considering the delays that plagued the CSELR project.

We note that there is a legal case underway that has been instigated by a number of small businesses, but the committee will await its outcome without offering comment.

The committee finds that the support for business was inadequate, especially considering the delays that plagued the CSELR project.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Mrs Houssos.

Noes: Ms Faehrmann, Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Mrs Houssos moved: That the following new paragraph be inserted after paragraph 5.117:

'It is clear that the CSELR project suffered cost blowouts and delays as a result of poor planning, particularly in the initial stages. This was identified by the Auditor-General in her initial report in 2013. To protect the community against this occurring in the future, the committee recommends that public planning inquiries for major projects, costing $1 billion or more, be subject to thorough public scrutiny. This would include releasing the business case publicly, allowing analysis from independent experts and genuine consultation with the community. This will provide increased transparency of the expenditure of public funds, and also allow projects to be improved by a range of stakeholders and the public.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes:, Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Mrs Houssos moved: That the following new recommendation be inserted after paragraph 5.117:

'Recommendation X

The committee recommends that public planning inquiries for major projects, costing $1 billion or more, be subject to thorough public scrutiny. This would include releasing the business case publicly, allowing analysis from independent experts and genuine consultation with the community. This will provide increased transparency of the expenditure of public funds, and also allow projects to be improved by a range of stakeholders and the public.'

Question put.

The committee divided.

Ayes: Mr Donnelly, Ms Faehrmann, Mrs Houssos.

Noes:, Mr Khan, Mr Mallard, Mr Mason-Cox, Revd Nile.

Question resolved in the negative.

Mr Mason-Cox moved: That the 'Conduct of inquiry' section be amended by inserting the following new paragraphs at the end:

'The committee views the initial refusal by Transport for NSW to produce the requested documents as unacceptable. The claim that documents are Cabinet in confidence should not be arbitrarily made to avoid accountability and transparency to the Legislative Council or its committees.'

Mr Khan moved: That the motion of Mr Mason-Cox be amended by omitting 'to avoid accountability and transparency to the Legislative Council or its committees.'

Amendment of Mr Khan put.

The committee divided.

Ayes: Mr Khan, Mr Mallard, Revd Nile.

Noes: Mr Donnelly, Ms Faehrmann, Mrs Houssos, Mr Mason-Cox.

Amendment of Mr Khan resolved in the negative.

Original question of Mr Mason-Cox put and passed.

Resolved, on the motion of Mr Khan: That:

a) The draft report [as amended] be the report of the committee and that the committee present the report to the House;

b) The transcripts of evidence, submissions, tabled documents, answers to questions on notice and supplementary questions, and correspondence relating to the inquiry be tabled in the House with the report;

c) Upon tabling, all unpublished attachments to submissions be kept confidential by the committee;

d) Upon tabling, all unpublished transcripts of evidence, submissions, tabled documents, answers to questions on notice and supplementary questions, and correspondence relating to the inquiry, be published by the committee, except for those documents kept confidential by resolution of the committee;

e) The committee secretariat correct any typographical, grammatical and formatting errors prior to tabling;

f) The committee secretariat be authorised to update any committee comments where necessary to reflect changes to recommendations or new recommendations resolved by the committee;

g) Dissenting statements be provided to the secretariat within 24 hours after receipt of the draft minutes of the meeting;

h) That the report be tabled on Friday 25 January 2019;

i) That the Chairman hold a press conference at 12.00 pm on Friday 25 January 2019.

Resolved, on the motion of Mr Donnelly: That the committee request that the NSW Government provide an early response to the recommendations made in the committee's report by 28 February 2019

Resolved, on the motion of Mr Donnelly: That paragraphs 3.7, 3.8 and 3.9 be omitted and amendments, as circulated, be included in the section entitled 'Impact of the CBD and South East Light Rail project'.

Resolved, on the motion of Mr Donnelly: That:

a) The draft report [as amended] be the report of the committee and that the committee present the report to the House;

b) The submissions and correspondence relating to the inquiry be tabled in the House with the report;

c) Upon tabling, all unpublished attachments to submissions be kept confidential by the committee;

d) Upon tabling, all submissions, and correspondence relating to the inquiry, be published by the committee, except for those documents kept confidential by resolution of the committee;

e) The committee secretariat correct any typographical, grammatical and formatting errors prior to tabling;

f) The committee secretariat be authorised to update any committee comments where necessary to reflect changes to recommendations or new recommendations resolved by the committee;

g) Dissenting statements be provided to the secretariat within 24 hours after receipt of the draft minutes of the meeting;

h) That the report be tabled on 30 January 2019.

The committee adjourned at 3.07 pm, sine die.

Tina Higgins