Victorian Auditor-General's Office

1 Background

1.1 Introduction

Victorians trust that public sector employees will perform their duties impartially and use public resources responsibly to pursue government's objectives and benefit the community. The giving and receiving of gifts, benefits and hospitality (GB&H) can be a legitimate and appropriate part of doing government business. However, the inadequate management of these activities risks diminishing public trust and undermining the integrity of decisions made by public sector employees.

Appendix C. Audit Act 1994 section 16—submissions and comments

Introduction

In accordance with section 16(3) of the Audit Act 1994, a copy of this report, or part of this report, was provided to the Department of Premier & Cabinet, the Department of Treasury & Finance, the Department of Economic Development, Jobs, Transport & Resources, the Department of Environment, Land, Water & Planning, the Department of Justice & Regulation, the Victorian Government Solicitor's Office, Linking Melbourne Authority, VicRoads, Environment Protection Authority, Planning Panels Victoria and the Treasury Corporation of Victoria

Appendix A. Key features of the project contract

This Appendix is drawn from the East West Link (EWL) project summary prepared on behalf of the Linking Melbourne Authority (LMA) in October 2014. In a departure from usual practice for public private partnership (PPP) arrangements in Victoria, the project summary for EWL was not publicly released. The government released a partly redacted copy of the project contract documents in April 2015.

6 Lessons for future projects

At a glance

Background

The Public Administration Act 2004 (the Act) seeks to ensure the maintenance of an apolitical public sector that responds to government priorities in a manner that is consistent with public sector values. The Act imposes an obligation on public officials to provide frank, impartial and timely advice to government.

5 Terminating the project

At a glance

Background

The government announced final agreements to bring the East West Link (EWL) project to an end in June 2015. The termination settlement involved the state reimbursing East West Connect (EWC) for claimed expenditure on the project and acquiring the project assets and interest rate swaps established for the project. The state also negotiated an uncommitted bond financing mandate for up to $3.1 billion with some members of the EWC banking group.

4 Establishing the project contract

At a glance

Background

Following a competitive tender process to select a contractor to finance, design, construct, and then operate and maintain the East West Link, the contract for Stage 1 of the project was signed with East West Connect (EWC) on 29 September 2014. The state provided a side letter confirming its commitment to honour the contract on the same day in recognition of the unique circumstances around the government's decision on whether or not to sign the contract.

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