If only navigating the motivations and reasons behind political decisions were as clear. Photo: Michelle Kroll.
I had the chance (privilege? misfortune?) to hole up in the Legislative Assembly’s chamber support office and read hundreds upon hundreds of pages related to light rail released after the independent legal arbiter saw there was no reason to keep them secret.
Upon emerging from my paper coma, I had three questions: why did it take so long to release these documents? Why did the ACT Labor Government resist releasing them?
And, given how old the documents are, what difference does it make now?
The papers relating to light rail were from 2016, 2018 and 2019 – before the COVID-19 pandemic turned the world upside down and sent supply chains into chaos. They’re also from before the light rail stage 2 project was split into two sections.
They were enlightening as a glimpse into how many options the government had been considering for light rail stage 2, from the route to how on earth they’re going to get the line across Commonwealth Avenue Bridge.
Estimated costings were included, along with rough travel times, which seem to support the Canberra Liberals’ claims taking the metro will take longer than catching the bus.
(But that argument can’t take into account accidents blocking the roadway and the reliability of our public transport network.)
Converting the prices into today’s money, and then adding on some more due to construction costs skyrocketing, can give an idea to how much it will cost.
But the Federal Government has already committed some money to the project and conversations continue, so exactly what this will cost ACT taxpayers is a mystery.
The document also showed the government had been advised to pursue a “sole source negotiation with Canberra Metro for an integrated package consisting of the design, construction, operations and maintenance of the project”.
“It will be necessary for the ACT Government to enter into further negotiations with Canberra Metro before the form of the contract for the Project can be settled,” the 2019 preliminary draft City to Woden Light Rail Business Case noted.
But a secondary approach involving a buyout of the project agreement could also be considered if the Territory’s objectives aren’t achieved or value for money realised.
Negotiations are ongoing, and with whom we have no idea.
Plus, this advice is now more than five years old.
So again I feel I have to ask – why keep it under wraps for so long, and who cares?
It is the Chief Minister’s remit to claim documents have privilege, either because they could reveal the machinations of Cabinet deliberations or because they contain protected legal advice.
It’s unclear to this journalist (who is not a lawyer) what exactly was in any of these documents that could fall under either of those categories. Clearly, the independent legal arbiter was of the same opinion.
Was ACT Labor using these documents as a rabbit to lead the light rail-obsessed Opposition into the warren, and distract it from other issues?
Upon reading the documents, the Canberra Liberals also appeared to draw some long bows, stating in a media release light rail stage 2 will require two lanes of the Commonwealth Avenue Bridge and the dedicated T2 bus lanes on Adelaide Avenue.
Taking away a lane in each direction on Commonwealth Avenue Bridge was one option put forward, but the 2019 document stated “initial technical and costing analysis found that the bridge strengthening option may be costlier and, based on current information, has greater design and delivery risk.”
The business case actually made the assumption (subject to finalisation from the National Capital Authority) that rail would go across Lake Burley Griffin on a new bridge to be built between the existing Commonwealth Avenue bridges.
“This approach also carries risks, particularly around the construction of the structure within a relatively confined area.”
The ACT Government website shows this is the option being considered.
As for Adelaide Avenue, taking over the T2 lanes was, again, one option considered.
This is discussed in the 2018 Light Rail Stage 2 Business Case, but found it would cost an extra $78.9 million (with $19.7 million contingency) to do so.
Building the rail down the existing median strip was labelled as the preferred option.
It’s easy to forget other documents were released in this dump.
Two were briefing notes and emails, but the other major document was the 577-page incoming government briefing.
Given it was made up of commitments that had either been made in media releases/statement or were part of ACT Labor’s policy, the questions need to be asked again: why did this need to stay under wraps and why did the Canberra Liberals want it so badly?
There are surely more recent documents that would be handy to see, to do with subjects such as Build to Rent and the Canberra Convention Centre. What’s going on with our ageing police stations is another.
Hopefully what will come from the legal arbiter’s decision is better guidance about what constitutes ‘privilege’ so we can avoid this song and dance in the future.
The released documents were originally only available to view in the Chamber Office, but have now been uploaded on the Legislative Assembly website.
