❓ Question regarding the State Solicitor's Office's (SSO) involvement in the Serco contract for Fiona Stanley Hospital, including advice provided, external legal counsel sought, and associated costs. The answer details the SSO's role, timeframe, and expenditure.
AnsweredQoN 790Legislative Council
QuestionView source ↗
I refer to the contract awarded to Serco Australia to provide non-clinical services at Fiona Stanley Hospital, and ask: (a) did the State Solicitor's Office (SSO) scrutinise and provide advice on this contract and, if yes: (i) over what timeframe; and (ii) to which Government agencies did it provide advice; and (b) did the SSO seek external legal advice on the contract and, if yes: (i) which firm provided this advice; (ii) what was the cost of this advice; and (iii) was the contract to provide this advice advertised?
AnswerView source ↗
Answered
1 April 2014
Response time
33 days
(a) The State Solicitor's Office (SSO) received instructions from the Department of Health to draft a facilities management contract for non-clinical services which could be put in place at Fiona Stanley Hospital. That contract was drafted in close consultation with officers from the Department of Health and was the subject of negotiation with Serco prior to it being executed. During that process SSO provided ongoing advice concerning the drafting of the contract and its negotiation.
(i) From April 2009 until July 2011 (until the contract was executed)
(ii) Advice by SSO in relation to the facilities management contract was predominantly provided to the Department of Health Officers. Advice was also provided on occasion to the then Department of Treasury and Finance Officers.
(b) Yes
(i) Freehills, now Herbert Smith Freehills;
(ii) From April 2009 to 17 February 2014 total external legal fees incurred in relation to the facilities management contract amount to $2,862,085.71 (excluding GST).
(iii) No, SSO has a partial exemption to the
State Supply Commission Act 1991
which allows it to source legal service providers in the private sector.
(i) From April 2009 until July 2011 (until the contract was executed)
(ii) Advice by SSO in relation to the facilities management contract was predominantly provided to the Department of Health Officers. Advice was also provided on occasion to the then Department of Treasury and Finance Officers.
(b) Yes
(i) Freehills, now Herbert Smith Freehills;
(ii) From April 2009 to 17 February 2014 total external legal fees incurred in relation to the facilities management contract amount to $2,862,085.71 (excluding GST).
(iii) No, SSO has a partial exemption to the
State Supply Commission Act 1991
which allows it to source legal service providers in the private sector.
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