❓ Hon Jon Ford asks the Minister for Mines and Petroleum when the independent review of the Varanus Island gas explosion will be tabled, referencing Apache's previous resistance to its release. The Minister details the legal and procedural steps delaying the report's release, including Apache's response and the need for procedural fairness.
AnsweredQoN 250Legislative Council
QuestionView source ↗
VARANUS ISLAND GAS EXPLOSION — INDEPENDENT
REVIEW
250. Hon JON FORD to the Minister for Mines and Petroleum:
I refer to the Varanus Island gas explosion and the often
referred to independent review on which Apache has spent some time frustrating
efforts to have released. When will that report be tabled?
REVIEW
250. Hon JON FORD to the Minister for Mines and Petroleum:
I refer to the Varanus Island gas explosion and the often
referred to independent review on which Apache has spent some time frustrating
efforts to have released. When will that report be tabled?
AnswerView source ↗
I thank the member
for the question. The report will be tabled just as soon as I have been able to
provide the company with procedural fairness in respect of the response it has
given to me following my provision to the company of a copy of the Bills–Agostini
report. For the benefit of the house, following the Varanus Island explosion, I
together with Martin Ferguson—on coming to government and following a
report by the National Offshore Petroleum Safety Authority into the Varanus
issue—commissioned Mr Bills and Mr Agostini to produce an independent
report on the explosion to provide us with the reasons it happened. When that
report was completed, a variety or range of legal steps were taken by Apache to
prevent the minister from accessing the report. Eventually I had to agree in
the Supreme Court to make the report public only after I had given Apache an
opportunity to read the report. In the meantime, the government had taken the
decision to prosecute Apache and it was the view of the legal advisers that
making the report public, which I could have done in Parliament, may jeopardise
the prosecution. Once the government decided not to proceed with the
prosecution, I took the decision to provide a copy of the report to Apache. I
gave the company three weeks to respond and it has responded with four files,
each about two inches thick—which is its response to the report. I am
required, under the conditions of procedural fairness, to read that response
before I take any further action. However, I would expect to be in a position
in the very near future to make that report public and I am sure that members
of the last government will be looking forward to reading it.
for the question. The report will be tabled just as soon as I have been able to
provide the company with procedural fairness in respect of the response it has
given to me following my provision to the company of a copy of the Bills–Agostini
report. For the benefit of the house, following the Varanus Island explosion, I
together with Martin Ferguson—on coming to government and following a
report by the National Offshore Petroleum Safety Authority into the Varanus
issue—commissioned Mr Bills and Mr Agostini to produce an independent
report on the explosion to provide us with the reasons it happened. When that
report was completed, a variety or range of legal steps were taken by Apache to
prevent the minister from accessing the report. Eventually I had to agree in
the Supreme Court to make the report public only after I had given Apache an
opportunity to read the report. In the meantime, the government had taken the
decision to prosecute Apache and it was the view of the legal advisers that
making the report public, which I could have done in Parliament, may jeopardise
the prosecution. Once the government decided not to proceed with the
prosecution, I took the decision to provide a copy of the report to Apache. I
gave the company three weeks to respond and it has responded with four files,
each about two inches thick—which is its response to the report. I am
required, under the conditions of procedural fairness, to read that response
before I take any further action. However, I would expect to be in a position
in the very near future to make that report public and I am sure that members
of the last government will be looking forward to reading it.
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