❓ A WA parliamentary question probes the legality and rationale behind awarding perpetual school bus contracts, comparing it to pastoral lease renewals and seeking transparency on Crown Law's advice. The answer defends fixed-term contracts based on State Supply Commission guidelines and a prior report.
AnsweredQoN 2831Legislative Assembly
QuestionView source ↗
(1) Has Crown Law provided advice to the Government that the awarding of contracts in perpetuity to school bus operators is illegal?
(2) If yes, on what basis is this claim of illegality based?
(3) If yes, will the Minister table a copy of that advice and, if not, why not?
(4) If Crown Law’s advice is that contracts in perpetuity are not illegal but are otherwise unacceptable, for what reasons does Crown Law believe that such contracts are unacceptable?
(5) Is it true that the Government is supporting the renewal of pastoral land leases on a rolling basis, provided ‘the land was being cared for’ as reported in
The Countryman
of 16 October 2003?
(6) If yes, why can school bus contracts not be granted on a rolling basis, subject to operators providing good service and provided that the need for the bus service still exists?
(2) If yes, on what basis is this claim of illegality based?
(3) If yes, will the Minister table a copy of that advice and, if not, why not?
(4) If Crown Law’s advice is that contracts in perpetuity are not illegal but are otherwise unacceptable, for what reasons does Crown Law believe that such contracts are unacceptable?
(5) Is it true that the Government is supporting the renewal of pastoral land leases on a rolling basis, provided ‘the land was being cared for’ as reported in
The Countryman
of 16 October 2003?
(6) If yes, why can school bus contracts not be granted on a rolling basis, subject to operators providing good service and provided that the need for the bus service still exists?
AnswerView source ↗
Answered
18 August 2004
Responded by
Minister for Planning and Infrastructure
Response time
105 days
(5) The Government is prepared to consider a range of options for future pastoral leases including renewal of leases on a rolling basis, but pastoral leases involve issues of land tenure rather than contracts for service and are not comparable. (6) The State Supply Commission has advised that the practice of rolling over contracts is contrary to State Supply Guidelines established under the State Supply Commission Act. The independent Shanahan report, commissioned in 2000 by the Hon Murray Criddle MLC, when he was the Minister for Transport, found that the principle of perpetuity was no longer appropriate and should be discarded in favour of suitable contract arrangements primarily based on the life of the bus. Genuine security of tenure will not be available other than by long-term contract.
(6) The State Supply Commission has advised that the practice of rolling over contracts is contrary to State Supply Guidelines established under the State Supply Commission Act. The independent Shanahan report, commissioned in 2000 by the Hon Murray Criddle MLC, when he was the Minister for Transport, found that the principle of perpetuity was no longer appropriate and should be discarded in favour of suitable contract arrangements primarily based on the life of the bus. Genuine security of tenure will not be available other than by long-term contract.
Genuine security of tenure will not be available other than by long-term contract.
(6) The State Supply Commission has advised that the practice of rolling over contracts is contrary to State Supply Guidelines established under the State Supply Commission Act. The independent Shanahan report, commissioned in 2000 by the Hon Murray Criddle MLC, when he was the Minister for Transport, found that the principle of perpetuity was no longer appropriate and should be discarded in favour of suitable contract arrangements primarily based on the life of the bus. Genuine security of tenure will not be available other than by long-term contract.
Genuine security of tenure will not be available other than by long-term contract.
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