Tuesday, 22 February 2022

Steve Moneghetti Track

Mrs McARTHUR (Western Victoria) (17:42): (1749) My adjournment matter is for the Minister for Local Government and concerns the state government’s election promise to put lights around the Steve Moneghetti Track at Lake Wendouree in Ballarat. Planning approval was granted by the Ballarat council in October last year, but tomorrow night it meets again—this time to vote on a recommended tenderer. There is concern that the process to achieve the selected lighting and planning approval was seriously flawed and potentially breaches council’s obligations under the Planning and Environment Act 1987. There is also angst in relation to tomorrow night’s tender vote, given it appears the council’s own procedural guidelines have been disregarded by the council via the publication of a media release last week which publicly named the recommended tenderer. Such was the intent of the media release to promote the recommended tenderer, it was reported in the Ballarat Courier as a fait accompli.

It is my concern that the CEO’s public recommendation could be regarded as an effort to coerce Ballarat councillors into also viewing Bendigo company DeAraugo & Lea Electrical Contractors Vic Pty Ltd as the only option to consider when the Ballarat council votes on the issue. The naming of the recommended tenderer in such a way potentially enables the unsuccessful tenderers to take legal action for failure to properly consider all options. Counter to that, should the vote not proceed as recommended, then the recommended tenderer may indeed face reputational damage and also activate legal options.

Since the media release I am aware that Ballarat council officers have emailed one of the non-recommended tenderers, who questioned why they found out about their tender status via the media. Part of the email says:

… I must apologise for Council not advising you of the report recommendations, prior to the release of that information to the media.

Council has a standard process to inform all tenderers that a report is to be released which outlines Officer’s recommendations to Council and on this occasion, it is clearly evident that our processes have not been upheld.

These guidelines are found in the council’s own invitation-to-tender document. There are questions surrounding what appears to be a panicked desire by the council to get this Labor election promise through the regulatory hoops. Ballarat locals may well ask if the Labor Party member and Labor-endorsed mayor consulted with the CEO prior to last week’s release of the media statement.

The action I seek from the minister is an investigation into the conduct of the Ballarat council in relation to the tender process for these lights and whether political interference has resulted in a vote that cannot be considered fair or without coercion.