Hon. Norman Moore questions the Minister for Racing and Gaming about the settlement between Racing and Wagering Western Australia (RWWA) and Craig Rosendorff, focusing on the commercial considerations, confidentiality agreements, and the decision-making process. The Minister's response refers to the RWWA Act 2003 and expresses confidence in the board's decision, citing confidentiality.

AnsweredQoN 561Legislative Council
Asked
29 June 2006
Portfolio
Racing and Gaming

QuestionView source ↗

CRAIG ROSENDORFF - TAB LOSSES
I refer the minister to Racing and Wagering Western Australia’s decision to settle the claim made by Mr Craig Rosendorff. (1) What were the commercial considerations upon which RWWA’s decision to settle was based? (2) Why was settlement made subject to confidentiality agreements in the absence of any commercial sensitivity stemming from the settlement? (3) Was the recommendation to settle made to the board made by the chief executive officer; and, if not, who made the recommendation? (4) Will the minister table minutes of the RWWA board meeting at which the decision to settle was made; and, if not, why not? Hon LJILJANNA RAVLICH

AnswerView source ↗

The minister provides the following answer - I thank the member for some notice of this question. (1)-(4) In considering the questions asked by the honourable member, I am guided by the following sections of the Racing and Wagering Western Australia Act 2003. Section 30 of the Racing and Wagering Western Australia Act 2003 provides the board of RWWA with all the powers it needs to perform its functions. In performing its functions, section 29 requires RWWA to act in accordance with prudent commercial principles. The racing functions, as set out in section 35, include the interests of the long-term viability of the racing industry in Western Australia. I am also guided by the confidence I have in the board of RWWA. Given the above, and as this has been an ongoing legal matter for RWWA and its predecessor, the Totalisator Agency Board, well before I became Minister for Racing and Gaming, I accept and respect the decision of both parties to the settlement to preserve total confidentiality.
(1) What were the commercial considerations upon which RWWA’s decision to settle was based? (2) Why was settlement made subject to confidentiality agreements in the absence of any commercial sensitivity stemming from the settlement? (3) Was the recommendation to settle made to the board made by the chief executive officer; and, if not, who made the recommendation? (4) Will the minister table minutes of the RWWA board meeting at which the decision to settle was made; and, if not, why not? Hon LJILJANNA RAVLICH replied: The minister provides the following answer - I thank the member for some notice of this question. (1)-(4) In considering the questions asked by the honourable member, I am guided by the following sections of the Racing and Wagering Western Australia Act 2003. Section 30 of the Racing and Wagering Western Australia Act 2003 provides the board of RWWA with all the powers it needs to perform its functions. In performing its functions, section 29 requires RWWA to act in accordance with prudent commercial principles. The racing functions, as set out in section 35, include the interests of the long-term viability of the racing industry in Western Australia. I am also guided by the confidence I have in the board of RWWA. Given the above, and as this has been an ongoing legal matter for RWWA and its predecessor, the Totalisator Agency Board, well before I became Minister for Racing and Gaming, I accept and respect the decision of both parties to the settlement to preserve total confidentiality.
(2) Why was settlement made subject to confidentiality agreements in the absence of any commercial sensitivity stemming from the settlement? (3) Was the recommendation to settle made to the board made by the chief executive officer; and, if not, who made the recommendation? (4) Will the minister table minutes of the RWWA board meeting at which the decision to settle was made; and, if not, why not? Hon LJILJANNA RAVLICH replied: The minister provides the following answer - I thank the member for some notice of this question. (1)-(4) In considering the questions asked by the honourable member, I am guided by the following sections of the Racing and Wagering Western Australia Act 2003. Section 30 of the Racing and Wagering Western Australia Act 2003 provides the board of RWWA with all the powers it needs to perform its functions. In performing its functions, section 29 requires RWWA to act in accordance with prudent commercial principles. The racing functions, as set out in section 35, include the interests of the long-term viability of the racing industry in Western Australia. I am also guided by the confidence I have in the board of RWWA. Given the above, and as this has been an ongoing legal matter for RWWA and its predecessor, the Totalisator Agency Board, well before I became Minister for Racing and Gaming, I accept and respect the decision of both parties to the settlement to preserve total confidentiality.
(3) Was the recommendation to settle made to the board made by the chief executive officer; and, if not, who made the recommendation? (4) Will the minister table minutes of the RWWA board meeting at which the decision to settle was made; and, if not, why not? Hon LJILJANNA RAVLICH replied: The minister provides the following answer - I thank the member for some notice of this question. (1)-(4) In considering the questions asked by the honourable member, I am guided by the following sections of the Racing and Wagering Western Australia Act 2003. Section 30 of the Racing and Wagering Western Australia Act 2003 provides the board of RWWA with all the powers it needs to perform its functions. In performing its functions, section 29 requires RWWA to act in accordance with prudent commercial principles. The racing functions, as set out in section 35, include the interests of the long-term viability of the racing industry in Western Australia. I am also guided by the confidence I have in the board of RWWA. Given the above, and as this has been an ongoing legal matter for RWWA and its predecessor, the Totalisator Agency Board, well before I became Minister for Racing and Gaming, I accept and respect the decision of both parties to the settlement to preserve total confidentiality.
(4) Will the minister table minutes of the RWWA board meeting at which the decision to settle was made; and, if not, why not? Hon LJILJANNA RAVLICH replied: The minister provides the following answer - I thank the member for some notice of this question. (1)-(4) In considering the questions asked by the honourable member, I am guided by the following sections of the Racing and Wagering Western Australia Act 2003. Section 30 of the Racing and Wagering Western Australia Act 2003 provides the board of RWWA with all the powers it needs to perform its functions. In performing its functions, section 29 requires RWWA to act in accordance with prudent commercial principles. The racing functions, as set out in section 35, include the interests of the long-term viability of the racing industry in Western Australia. I am also guided by the confidence I have in the board of RWWA. Given the above, and as this has been an ongoing legal matter for RWWA and its predecessor, the Totalisator Agency Board, well before I became Minister for Racing and Gaming, I accept and respect the decision of both parties to the settlement to preserve total confidentiality.
Hon LJILJANNA RAVLICH replied: The minister provides the following answer - I thank the member for some notice of this question. (1)-(4) In considering the questions asked by the honourable member, I am guided by the following sections of the Racing and Wagering Western Australia Act 2003. Section 30 of the Racing and Wagering Western Australia Act 2003 provides the board of RWWA with all the powers it needs to perform its functions. In performing its functions, section 29 requires RWWA to act in accordance with prudent commercial principles. The racing functions, as set out in section 35, include the interests of the long-term viability of the racing industry in Western Australia. I am also guided by the confidence I have in the board of RWWA. Given the above, and as this has been an ongoing legal matter for RWWA and its predecessor, the Totalisator Agency Board, well before I became Minister for Racing and Gaming, I accept and respect the decision of both parties to the settlement to preserve total confidentiality.
The minister provides the following answer - I thank the member for some notice of this question. (1)-(4) In considering the questions asked by the honourable member, I am guided by the following sections of the Racing and Wagering Western Australia Act 2003. Section 30 of the Racing and Wagering Western Australia Act 2003 provides the board of RWWA with all the powers it needs to perform its functions. In performing its functions, section 29 requires RWWA to act in accordance with prudent commercial principles. The racing functions, as set out in section 35, include the interests of the long-term viability of the racing industry in Western Australia. I am also guided by the confidence I have in the board of RWWA. Given the above, and as this has been an ongoing legal matter for RWWA and its predecessor, the Totalisator Agency Board, well before I became Minister for Racing and Gaming, I accept and respect the decision of both parties to the settlement to preserve total confidentiality.
I thank the member for some notice of this question. (1)-(4) In considering the questions asked by the honourable member, I am guided by the following sections of the Racing and Wagering Western Australia Act 2003. Section 30 of the Racing and Wagering Western Australia Act 2003 provides the board of RWWA with all the powers it needs to perform its functions. In performing its functions, section 29 requires RWWA to act in accordance with prudent commercial principles. The racing functions, as set out in section 35, include the interests of the long-term viability of the racing industry in Western Australia. I am also guided by the confidence I have in the board of RWWA. Given the above, and as this has been an ongoing legal matter for RWWA and its predecessor, the Totalisator Agency Board, well before I became Minister for Racing and Gaming, I accept and respect the decision of both parties to the settlement to preserve total confidentiality.
(1)-(4) In considering the questions asked by the honourable member, I am guided by the following sections of the Racing and Wagering Western Australia Act 2003. Section 30 of the Racing and Wagering Western Australia Act 2003 provides the board of RWWA with all the powers it needs to perform its functions. In performing its functions, section 29 requires RWWA to act in accordance with prudent commercial principles. The racing functions, as set out in section 35, include the interests of the long-term viability of the racing industry in Western Australia. I am also guided by the confidence I have in the board of RWWA. Given the above, and as this has been an ongoing legal matter for RWWA and its predecessor, the Totalisator Agency Board, well before I became Minister for Racing and Gaming, I accept and respect the decision of both parties to the settlement to preserve total confidentiality.

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