❓ Mrs. Harvey questions the Minister for Transport about why the State Solicitor's Office was excluded from reviewing the Public Transport Authority's contract with Huawei. The Minister responds that seeking the State Solicitor's advice is not always required and doesn't guarantee reduced risk, citing the Perth Children's Hospital contract as an example.
AnsweredQoN 240Legislative Assembly
QuestionView source ↗
HUAWEI — STATE
SOLICITOR'S OFFICE — ADVICE
240. Mrs L.M. HARVEY to the Minister for Transport:
Given that the State Solicitor
indicated yesterday that he was very concerned that his office's advice
was not sought for a contract of the size and significance of the Public
Transport Authority's contract with Huawei, has the minister now sought
an explanation from the PTA on why it excluded the State Solicitor's
Office from reviewing the Huawei contract; and, if so, what is the explanation?
SOLICITOR'S OFFICE — ADVICE
240. Mrs L.M. HARVEY to the Minister for Transport:
Given that the State Solicitor
indicated yesterday that he was very concerned that his office's advice
was not sought for a contract of the size and significance of the Public
Transport Authority's contract with Huawei, has the minister now sought
an explanation from the PTA on why it excluded the State Solicitor's
Office from reviewing the Huawei contract; and, if so, what is the explanation?
AnswerView source ↗
Again, I have not seen the
uncorrected Hansard of that —
Dr M.D. Nahan : She was
paraphrasing.
The SPEAKER : Leader of the
Opposition!
Ms R. SAFFIOTI : So that was
not what he said. Was it the Hansard ?
Mr D.C. Nalder : The video is
online.
Ms R. SAFFIOTI : So that was a
transcript.
Mrs L.M. Harvey : The video is
online.
Ms R. SAFFIOTI : Was it a transcript?
Mrs L.M. Harvey : I don't
have a transcript.
Ms R. SAFFIOTI : As the State Solicitor stated, there
is no Treasurer's instruction or Premier's circular that
requires State Solicitor's advice for these contracts. Some agencies
seek State Solicitor's advice and others do not. That has been the
practice. As we discovered from the Perth Children's Hospital contract,
seeking State Solicitor's advice does
not always reduce the risk to the state. The Public Accounts Committee said in
relation to the PCH contract that there were insufficient contractual
levers and it was clearly unsatisfactory that the state found itself in that
position. I do not know why the State Solicitor said what he said, but he has
never raised those issues with me directly and he has not sought a meeting to
discuss them. A management team is now in place to make sure that all issues
are addressed. I highlight that under the previous government, hundreds of
contracts were signed with private legal advice.
uncorrected Hansard of that —
Dr M.D. Nahan : She was
paraphrasing.
The SPEAKER : Leader of the
Opposition!
Ms R. SAFFIOTI : So that was
not what he said. Was it the Hansard ?
Mr D.C. Nalder : The video is
online.
Ms R. SAFFIOTI : So that was a
transcript.
Mrs L.M. Harvey : The video is
online.
Ms R. SAFFIOTI : Was it a transcript?
Mrs L.M. Harvey : I don't
have a transcript.
Ms R. SAFFIOTI : As the State Solicitor stated, there
is no Treasurer's instruction or Premier's circular that
requires State Solicitor's advice for these contracts. Some agencies
seek State Solicitor's advice and others do not. That has been the
practice. As we discovered from the Perth Children's Hospital contract,
seeking State Solicitor's advice does
not always reduce the risk to the state. The Public Accounts Committee said in
relation to the PCH contract that there were insufficient contractual
levers and it was clearly unsatisfactory that the state found itself in that
position. I do not know why the State Solicitor said what he said, but he has
never raised those issues with me directly and he has not sought a meeting to
discuss them. A management team is now in place to make sure that all issues
are addressed. I highlight that under the previous government, hundreds of
contracts were signed with private legal advice.
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