Government must release legal advice on proposed TasWater takeover

Lack of transparency a key concern

BOTH TasWater and its owner councils have called on the State Government to immediately
release its legal advice that it claims supports its proposed Takeover of TasWater.

Last week, TasWater announced it had high-level legal advice that the proposed takeover of may
not be legal. The Government responded by saying it had its own legal advice and considered it
was on solid ground. Treasurer Peter Gutwein repeated this assertion in Parliament today.

But unlike TasWater, the Government refuses to release its advice and to divert attention from its
lack of transparency, has attacked TasWater for spending money on obtaining its own legal
advice.

TasWater Chairman Miles Hampton and Chief Owners’ Representative, Mayor David Downie
today rejected the Government’s assertions and called on Treasurer Peter Gutwein to
immediately release his advice for public scrutiny.

Mr Hampton said the Government must release the legal advice it claims it had before it
announced its takeover move and also the most recent advice alluded to by Mr Gutwein today.

“The importance of the proposed takeover of TasWater is such that it demands full disclosure and
transparency and the community must question the Government secrecy and failure to release its
claimed legal advice,” Mr Hampton said.

Mayor Downie said Tasmanians should be concerned at the lack of transparency surrounding the
State Government’s proposed takeover of the local government-owned water and sewerage
business TasWater.

“It is time for the Government to release its legal advice. To introduce legislation without sharing
with the parliament and the community its own legal advice is disturbingly similar the
Government’s continuing refusal to provide documents being sought by the Parliamentary
Accounts Committee in relation to the Tamar Valley power generation plant,” Cr Downie said.

“In the case of TasWater the Government has failed to detail how it will complete the capital
upgrades faster, has failed to provide detailed modelling on prices and now says it will not release
its legal advice.

“It constantly talks about its plan delivering lower prices but at what cost…fewer urgently needed
hospital beds and a massive unnecessary uplift in debt.

“We clearly have policy being made ‘on the run’ without proper advice and in a climate of a
complete lack of transparency.

“When governments cease to be transparent, the community inevitably begins to lose trust and
demands even greater scrutiny. That is the situation we now find ourselves in,” Cr Downie said.
TasWater