During Estimates hearings on Tuesday 23 July 2024, I asked the Premier about the Government signing confidential agreements with private corporations, like the Toondah Harbour development agreement with the Walker Corporation.
You can read my question and his full response below, or in the official Parliamentary record of proceedings (Hansard) here.
Mr BERKMAN: Yes, I do have a question to the Premier, although I note that it is also on the Coaldrake review, so it may pertain to the Public Service Commissioner as well. Professor Coaldrake in that review raised some concerns about the use of confidentiality clauses in agreements between the state government and private companies, particularly given the way courts in recent decisions have exempted the entire contents of those agreements from release under RTI. Premier, in responding to the Coaldrake report, what steps have you taken to improve transparency regarding expenditure of public money including by limiting the use of commercial-in-confidence clauses in agreements to which the state government is a party?
Mr MILES: What kind of agreements are you thinking of?
Mr BERKMAN: I can give you one example that was the subject of a relevant court case. The Toondah Harbour PDA development agreement I think was one where QCAT took a different approach to confidentiality clauses from the AAT’s previous position.
Mr MILES: I am not advised about that particular court case. There are circumstances in which commercial-in-confidence is required—for example, to retain tension in a tendering process. My guidance to public servants has always been to limit that wherever possible and to disclose information as soon as is possible once the necessity for that arrangement has passed, but I am not aware of any active work to otherwise limit it. I am happy to see if the Public Sector Commissioner can add to that.
Mr Mackie: That was not a recommendation per se in the Coaldrake report, so it really did not feature as one of the 14 recommendations that we addressed. I think there was a reference to it in there, but I would only say what the Premier was saying. There are places for commercial-in-confidence, and it is case by case on that basis.
Mr BERKMAN: Understanding broadly what you have said in response, are you able to give any examples of circumstances or in what conditions the government will still continue to sign agreements that require the ongoing confidentiality of the entire document in light of Professor Coaldrake’s concerns?
CHAIR: Who is that addressed to? Is that a policy question?
Mr BERKMAN: I will put it to the Premier.
Mr MILES: As the Public Service Commissioner noted, that was a reference in Coaldrake. It was not one of the recommendations that we have accepted or sought to implement. It is the case that we would endeavour to make content public if it can be and if there are no other impediments to do so. If there are recent legal outcomes that I am not briefed on, I am happy to ask for a briefing on them.