4itk Premier NSW---- GOVERNMENT & Cabinet

Ref: A3940965

Mr David Blunt Clerk of the Parliaments Legislative Council Parliament House Macquarie Street Sydney NSW 2000

Dear Mr Blunt

Order for Papers - Government Asset Management Plans

I refer to the above resolution of the Legislative Council under Standing Order 52 made on 23 September 2020 and your correspondence of the same date. I am now delivering to you documents referred to in that resolution. The documents have been obtained from: • NSW Treasury • Western City and Aerotropolis Authority (an executive agency within the Treasury cluster) • Destination NSW (an executive agency within the Treasury cluster) • Department of Planning, Industry and Environment, on behalf of the Planning, Industry and Environment cluster (other than Hunter Water Corporation, Water NSW and Sydney Water Corporation) Hunter Water Corporation (a state owned corporation (SOC) within the Planning, Industry and Environment cluster) Water NSW (a SOC within the Planning, Industry and Environment cluster) Ministry of Health, on behalf of the Health cluster Department of Customer Service, on behalf of the Customer Service cluster Department of Communities and Justice, on behalf of the Stronger Communities cluster • The Department of Regional NSW, on behalf of the Department of Regional NSW and Local Land Services • Forestry Corporation of NSW (a SOC within the Regional NSW cluster) • Department of Education, on behalf of the Education cluster • Department of Premier and Cabinet (DPC), on behalf of the Premier and Cabinet cluster. Documents have not yet been received from Sydney Water (a SOC within the Planning, Industry and Environment cluster) but will be provided in the near future. Enclosed at Annexure 1 are certification letters from the following officers certifying that, to the best of their knowledge, either all documents held and covered by the terms of the resolution and that are lawfully required to be provided have been provided, or that no documents are held: Secretary, NSW Treasury

52 Martin Place, Sydney NSW 2000 • GPO Box 5341, SYDNEY NSW 2001 Tel: (02) 9228 5555 • www.dpc.nsw.gov.au Chief Executive Officer, Western City and Aerotropolis Authority Chief Executive Officer, Destination NSW • Secretary, Department of Planning, Industry and Environment Managing Director, Hunter Water Corporation Chief Executive Officer, Water NSW • Secretary, Ministry of Health • Secretary, Department of Customer Service • Secretary, Department of Communities and Justice Secretary, Regional NSW Chief Executive Officer, Forestry Corporation of NSW Secretary, Department of Education Please note that the documents identified as 2, 3 and 5 on the index in box 1 of the 19 non-privileged boxes included in the Premier and Cabinet cluster return are print-outs of live Excel spreadsheets which have been re-formatted and certain columns deleted to enable the spreadsheets to be of a manageable size such that they are able to be printed in a legible format. The deleted information was either not substantive, duplicative of information that remains in the document as printed or identifies the DPC employees assigned for the asset. DPC will provide the entire document, although it may not be legible, if required. I certify that, to the best of my knowledge, all documents held by DPC and covered by the terms of the resolution and that are lawfully required to be provided have been provided. In relation to the executive agencies related to DPC that are listed in Schedule 1 of the Government Sector Employment Act 2013 (GSE Act), enclosed at Annexure 1A are certification letters from the following officers certifying that, to the best of their knowledge, either all documents held and covered by the terms of the resolution and that are lawfully required to be provided have been provided, or that no documents are held: Director, Art Gallery of NSW Chief Financial Officer and Director of Corporate Services, Australian Museum Commissioner, Resilience NSW Parliamentary Counsel, Parliamentary Counsel's Office Chief Executive, Museum of Applied Arts and Sciences Chief Executive Officer, Greater Sydney Commission Chief Executive Officer, Infrastructure NSW • State Librarian, State Library of NSW • Chief Executive Officer, Sydney Opera House Trust • Executive Director, State Archives and Records Authority of NSW and Sydney Living Museums As foreshadowed in correspondence from DPC's General Counsel to you of 25 September 2020, the following separate agencies listed in Schedule 1 to the GSE Act are in the Premier and Cabinet cluster but are not subject to Ministerial direction or control: • NSW Electoral Commission Ombudsman's Office • Public Service Commission • Office of the Law Enforcement Conduct Commission • Office of the Inspector of the Law Enforcement Conduct Commission Accordingly, the Legislative Council should liaise directly with those independent separate agencies in relation to the resolution. Enclosed at Annexure 2 are indexes of all the non-privileged documents that have been provided in response to the resolution. In accordance with Item 5(a) of Standing Order 52, those documents for which a claim for privilege has been made have been separately indexed and the case for privilege has been noted. Enclosed at Annexure 3 are indexes of all privileged documents and submissions in support of the case for privilege. I note that submissions in support of a claim of privilege may sometimes reveal information that is privileged. To the extent that they do, such submissions should be considered to be subject to the same confidentiality as the documents over which the privilege claim is made. Should you require any clarification or further assistance, please contact Ms Kate Boyd, General Counsel, on telephone (02) 9228 4393. Yours sincerely

// 1111'»'W p ,f2 ~ -

Tim Reardon Secretary l"~ffrl ~ I 1;~Jth1~ 14 October 2020 ~}ve/ ~t 5""./)f);~ Wdw'(f If Pt/lW %J2-P A ..~,.,.,.~. I

NSWGOVERNMENT Treasury

Contact: Tim Jap Telephone: (02) 9228 4077 Our reference: TA20/5291 Your reference: A3907967

Mr Matt Richards NExecutive Director, Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Dear Mr Richards,

Standing Order 52 - Order for Papers - Government Asset Management Plans

I refer to the Legislative Council's Standing Order 52 passed on 23 September 2020, calling for the tabling of documents relating to Government Asset Management Plans.

I certify to the best of my knowledge that all documents held by NSW Treasury that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

If you require further information, please contact Tim Jap, Associate Director, Information Access and Governance on (02) 9228 4077 or at [email protected].

Yours sincerely

Secretary

(;;;;, October 2020

GPO Box 5469, Sydney NSW 2001 • Telephone: (02) 9228 4567 • www.treasury.nsw.gov.au .1.,tk NSW-- Western Parkland City GOVERNMENT Authority

Mr Matt Richards A/Executive Director, Legal Branch Depa"rtment of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

BY HAND

Dear Mr Richards

Standing Order 52 - Mr Searle 23 September 2020

I refer to Legislative Council Minutes No. 58 dated Wednesday 23 September 2020 and the Standing Order 52 request for production by Mr Searle - "S052 Searle-Government Asset Management Plans" which the House resolved to affirm.

Please note that at the date of signing this letter, the Western Parkland City Authority and its Staff Agency retain the legal name of Western City and Aerotropolis Authority.

The Western City and Aerotropolis Authority produces the attached Asset Register. The Western City and Aerotropolis Authority does not have a Strategic Asset Management Plan or an Asset Management Plan for production. The Western City and Aerotropolis Authority Staff Agency has no documents for production.

I certify to the best of my knowledge that all documents held by the Western City and Aerotropolis Authority sind the Western City and Aerotropolis Authority Staff Agency that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

Please do not hesitate to contact me should you require anything further in relation to this matter.

Chief Executive Officer Western Parkland City Authority 12 October 2020 Encl.

Level 2, 10 Valentine Avenue, Parramatta NSW 2150 Tel: +612 9685 2400 • www.wcaa.sydney 12 October 2020

Mr. Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Dear Mr. Hare,

Standing Order 52 - Order for Papers - Government Asset Management Plans

I refer to the Legislative Council's Standing Order 52 passed on 23 September 2020, calling for the tabling of documents relating to Government Asset Management Plans.

I certify to the best of my knowledge that the following documents indexed as attached are to be provided as follows.

If you require further information, please contact Neville D'Costa - Director - Procurement and Legal on (02) 9931 1326 or [email protected]

Yours sincerely

Steve Cox Chief Executive Officer

Enclosed:

1. Index of Papers 2. Table of Time and Costs involved .,.... Planning, ~11' Industry & NSW GOVERNMENT Environment Office of the Secretary

IRFZ0/4600

Your ref: A3907967

Mr Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Dear Mr Hare

I refer to correspondence from Kate Boyd, General Counsel dated 25 September 2020, concerning an order for papers under Standing Order 52, which was passed by the Legislative Council on 23 September 2020, regarding Government Asset Management Plan.

The Department's and cluster agencies listed in schedule 1 (Parts 1 - 3) of the Government Sector Employment Act 2013, together with State owned corporation Landcom, have conducted the necessary searches and provided with this letter enclosed at Annexure 1 is an index of all the non-privileged documents provided in response to the resolution.

State owned corporations listed in schedule 5 of the Government Sector Employment Act 2013, within the Departments' cluster, namely Hunter Water Corporation, NSW Water and Sydney Water have prepared individual returns and submissions for claims of privilege to their respective plans and assets.

I certify to the best of my knowledge that all documents held by the Department of Planning, Industry and Environment that are covered by the terms of the order and lawfully required to be provided have been provided.

If you have any more questions, please contact Mr Marty Jones, Manager Standing Orders on 02 8229 2911.

Jim Betts Secretary 12/10/2020

Encl. 1. Index of non-privileged documents

4 Parramatta Square, 12 Darcy Street, Parramatta NSW 21501 Locked Bag 5022 Parramatta NSW 2124 I planning.nsw.gov.au Hunter Water Corporation PO Box 5171 ABN 46 228 513 446 HRMC NSW 2310 36 Honeysuckle Drive NEWCASTLE NSW 2300 1300 657 657 (T) [email protected] huntenNater. com. au

8 October 2020 Our Ref: HW2020-1345

Mr Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Dear Mr Hare

STANDING ORDER 52- ORDER FOR PAPERS-GOVERNMENT ASSET MANAGEMENT PLAN

I refer to the resolution of the Legislative Council under Standing Order 52 dated 23 September 2020 in relation to Government Asset Management Plan (the Order).

I understand that each NSW Government agency is returning documents created and held by that agency which respond to the categories specified in the Order. This return only relates to Hunter Water Corporation documents.

The Order requires documents to be tabled by Wednesday 14 October 2020. Those documents are produced with this letter, together with indices and a submission supporting claims for privilege (where relevant).

Hunter Water response to paragraph (a) of the Order

Hunter Water has a Strategic Asset Management Plan, which is produced in full in response to this Order.

Hunter Water response to paragraph (b) of the Order

Asset Management Plans produced in response to the Order are those Asset Management Plans held and prepared by Hunter Water Corporation. Hunter Water Corporation has not produced Asset Management Plans held or prepared by third parties over water assets which are (for example) operated or maintained by those third parties.

These documents contain detailed information on the condition of Hunter Water Corporation's assets and their locations. Noting commercial-in-confidence and security implications, Hunter Water is seeking to claim privilege over this document. A detailed submission in support of this claim is enclosed with this letter. Hunter Water response to paragraph (c) of the Order

Paragraph (c) of the Order requires the production of "the Asset Register (however described) of, or applicable to, public service agencies .. .". Hunter Water Corporation's asset register is a 'living' document within its corporate management system, Ellipse. In response to this paragraph, Hunter Water Corporation has extracted a current version of this register from the Ellipse system as at 1 October 2020, and provided a copy of this document in response to paragraph (c).

It is relevant to note that Hunter Water's fixed asset register comprises the items that form the balance of property, plant and equipment, with the exception of 'Work In Progress' assets relating to the projects that are still in construction and development phase.

Information on Hunter Water's assets is reviewed by the Audit Office of NSW as part of its annual audit of Hunter Water Corporation's Financial Statements, which will be tabled before each House of Parliament later in the year in accordance with State Owned Corporations Act 1989 and Annual Report (Statutory Bodies) Act 1984.

This document contains detailed information on Hunter Water Corporation's assets and their locations. Noting commercial-in-confidence and security implications, Hunter Water is seeking to claim privilege over this document. A detailed submission in support of this claim is enclosed with this letter.

Hunter Water response to paragraph (d) of the Order

Hunter Water has nil documents that fall within the scope of paragraph (d) of the Order.

Certification

I certify to the best of my knowledge that all documents held by Hunter Water Corporation that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

If you have any queries or would like to discuss this further, please contact Laura Hails, General Counsel and Company Secretary at [email protected]

Yours sincerely

DARREN CLEARY Managing Director !~WaterNSW ~

12 October 2020

Mr Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Dear Mr Hare

ORDER FOR PAPERS - 23 SEPTEMBER 2020 - GOVERNMENT ASSET MANAGEMENT PLANS

I certify, to the best of my knowledge, that all documents held by WaterNSW that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

Yours sincerely

Andrew George A/ Chief Executive Officer tlk NSW-- GOVERNMENT Health Mr Tim Reardon Secretary Department of Premier and Cabinet Level 14, 52 Martin Place Your ref A3907967 SYDNEY NSW 2000 Our ref S20/415

Attention: Kate Boyd, General Counsel

DearM~

Thank you for the letter about the Legislative Council's resolution under Standing Order 52 requiring the production of documents relating to government asset management plans, strategies and asset register.

The scope of the order refers to plans, strategies and register of or applicable to public service agencies as set out in Schedule 1 of the Public Sector Employment Act 2013. These agencies are the Ministry of Health, the staff agencies of the Health Care Complaints Commission, the Mental Health Commission, and the Health Professionals Councils Authority (the Health Agencies).

No finalised documentation currently held by the Health Agencies with respect to items a) Strategic Asset Management Plans; and b) Asset Management Plans have been identified. An asset register providing details of buildings held by the above agencies has been attached in response to item c) Asset Registers.

I certify, to the best of my knowledge, that this includes all documents held by the Health Agencies which are covered by the terms of the Order.

Thank you again for writing. If you would like more information, please contact Ms Michelle Kelly, Executive Director, Executive and Ministerial Services, NSW Ministry of Health, on 9461 7567.

Yours sincerely

Elizabeth K ff Secreta~~frW Health Encl. ~~l?Q

NSW Ministry of Health ABN 92 697 899 630 1 Reserve Road, St Leonards NSW 2065 Locked Mail Bag 2030, St Leonards NSW 1590 Tel (02) 9391 9000 Fax (02) 9391 9101 Website: www.health.nsw.gov.au lf;JL McKell Building - 2-24 Rawson Place, Sydney NSW 2000 Customer Tel 02 9372 8877 I TTY 1300 301 181 GOVERNMENTNSW Service www.nsw.gov.au

Office of the Secretary

Our reference: PS-00597-2020 Your reference: A3907967

Mr Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet

By email: [email protected]

Dear Mr Hare

Standing Order 52 - Order for Papers - Government Asset Management Plans, Department of Customer Service (DCS)

I refer to your request for the production of documents for a Standing Order 52, relating to government asset management plans, Department of Premier and Cabinet reference A3907967

The Department of Customer Service (DCS) undertook searches in order to comply with the order, and I certify to the best of my knowledge that all documents held by DCS that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

The documents being provided by DCS are attached and listed in the accompanying schedule (Attachment A}

DCS staff collectively spent ten hours on this request, but no direct costs were incurred (Attachment B)

If you would like more information, please contact Clinton Gould, Chief Financial Officer (Email: [email protected] Phone: 0414 750 449)

Yours sincerely

Emma Hogan Secretary

Date: 06/10/20 Communities & Justice

Mr M Richards Acting Executive Director, Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Dear Mr Richards

Standing Order 52 - Order for Papers - Government Asset Management Plans

I refer to the Legislative Council's Standing Order 52 passed on Wednesday 23 September 2020, calling for the tabling of documents relating to GovernmentAsset Management Plans.

The resolution of the Legislative Council called for documents in the possession, custody or control of the Government within the following categories:

(a) all Strategic Asset Management Plans (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely Departments, executive agencies related to Departments, and separate agencies; and all state owned corporations, (b) the Asset Management Plans (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely Departments, executive agencies related to Departments, and separate agencies; and all state owned corporations, (c) the Asset Register (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely Departments, executive agencies related to Departments, and separate agencies; and all state owned corporations, (d) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.

As the lead agency for the 'Stronger Communities Cluster' a single consolidated response has been prepared. I am responding to the call for papers on behalf of the 'Stronger Communities · Cluster'. The 'Stronger Communities Cluster' entities not listed under Schedule 1 of the Government Sector Employment Act 2013 have been excluded from this request.

Agencies within the 'Stronger Communities Cluster' are currently updating their asset management frameworks and related documents in line with the core requirements and timeframes set under the NSW Treasury Asset Management Policy (TPP19-07). The documents that are produced in response to the Order are the most current and complete.

In responding to the call for papers, information held electronically was converted to a physical format. The response considered 47 separate documents of 3672 pages. The majority of the documents consisted of excel spreadsheets with multiple columns and rows per page. To enable the data to be printed and collated some information was removed. The information removed is itemised below.

Departm entof Comm unities and Justice Postal address: Locked Bag 10, Strawberry Hills NSW 2012 W www.facs.nsw.gov.au Jwww.justice.nsw.gov.au T (02)93776000 I TIY (02) 82702167 ABN 36 433 875 185 Information from the Fixed Asset Register of Multicultural NSWwhich itemises the serial number, Inventory number and Currency as it relates to specific assets has been removed to enable printing of the document.

Similarly, the Asset Register of the NSW Crime Commission has been reduced in size by the removal of unpopulated columns and columns with specific product names of assets to facilitate physical printing and tabling of the documents.

The Justice Fixed Asset Register has been condensed to remove columns identifying the Cost Centre, Inventory number and numeric code allocated to the location of assets to enable printing and tabling of the documents.

The Corrective Services NSW Fixed Asset Register has been reduced in size by the removal of unpopulated columns, extended descriptions of assets, serial numbers, actual location descriptions, insured locations of assets and the numerical codes associated with the location of specific assets to facilitate the printing and tabling of the documents

Enclosed in response to the Order is:

• an index list of non-privileged documents: • an index list of documents over which a privilege claim is made; and • submissions in support of the claims of privilege.

Physical copies of the documents referred to in the Order have been provided in Boxes 1-8.

The documents in relation to which a claim of privilege has been made (Box 1 of 1) are identified in the relevant index and specifically set out below in relation to each Document:

a) Document 1 are at line items 193- 317, 16514 -16518. The redactions relate to locations of assets, make and model of assets that pose a risk to security. b) Document 2 are in Column D. The redactions relate to locations of specific assets, vehicle registration numbers, make and model of assets that pose a risk to security. c) Document3 line items 492 -493, 610, 632 -654, 657-667, 701 -708, 764-766, 777 -779, 796-799, 821~823. In alignment with the Protective Security Policy Framework the redactions relate to operationally sensitive information and capabilities which require appropriate security clearance at a NV1 (Secret) clearance level and above. d) Document 38 - section 13, and tables 8-10 and associated text relates to information that is commercial in confidence. e) Document 39- page 15. The information redacted is commercial in confidence.

Some data integrity issues were identified in relation to the NSW SES Registers with incomplete fields. However, the majority of the cells that contain missing information are a result of unknow acquisition values arising from a transfer of assets from Local Council, some assets have not been acquired as yet and some assets have nil value as they have been depreciated. I confirm that no redactions have been made to these documents.

Claims for privilege are made in the following categories:

• public interest immunity in relation to information that may pose a risk to the safety and security of NSW Correctional Centres and Court Houses and the residential addresses of vulnerable individuals·

• public interest immunity in relation to information that would place the Department of Communities and Justice at a significant commercial disadvantage.

I certify to the best of my knowledge that all documents covered by the terms of the resolution and lawfully required to be provided are held by the Department of Communities and Justice. The time taken to respond to this Order by my Department has been estimated at 106 hours at an approximate cost of $9520 as per the attachment enclosed.

If a referral is made to an independent arbiter to consider the bases for any claims of privilege the Department of Communities and Justice requests the opportunity to make further submissions in relation to the claims for privilege.

Should you have any queries please do not hesitate to contact Lida Kaban, General Counsel, by email [email protected]. · Yours sincerely

Michael Coutts-Trotter Secretary

Encl. Index for Boxes 1-8; Index for items in relation to which Privilege is claimed in respect of Document 1,2,3.- Box 1 of 1 Claim for Confidentiality and Privilege Time Costing ~,k Regional NSW GOVERNMENT NSW

A390796 Mr Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

9 October 2020

Dear Mr Hare

Standing Order 52 Resolution - Order for Papers - Government Asset Management Plans

I refer to the letter of 25 September 2020 from Ms Kate Boyd regarding the above resolution passed by the Legislative Council on 23 September 2020 (Order).

The Order calll;i for the Strategic Asset Management Plans (SAMPs), Asset Management Plans (AMPs) and the Asset Registers of Departments and Executive Agencies as set out in Schedule 1 of the Government Sector Employment Act 2013.

I confirm this response is provided on behalf of • The Department of Regional NSW (DRNSW), and • Local Lands Services (LLS)

In regard to the nil response to paragraph (a) and (b) of the Order, DRNSW and LLS are currently developing SAMPs and AMPs and they are not yet in in place. This is in compliance with TPP 19-07 Asset Management Policy for the NSW Public Sector which has a 12 month transition period.

In response to paragraph (c) of the Order, the Asset Registers for RNSW and LLS are live datasets. Core fields have been extracted from each register to enable the data to be provided in a printable format.

I certify to the best of my knowledge that all documents held by the Department of Regional New South Wales that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

Attached to this letter is the index of papers produced and a copy of each of the documents identified.

11 Farrer Place, Queanbeyan, hJSW 2620 I www.regional.nsw.gov.au If you have any queries about this matter, please do not hesitate to contact me or have your officers contact Mr Tim Holden, General Counsel on 0411 275 264.

Yours sincerely,

Gary Barnes Secretary

Encl: Index of non-privileged documents Copy of documents returned Forestry Corporation of NSW ABN 43 141 857 613 Corporate Office 121-131 Oratava Ave West Pennant Hills NSW 2125 {PO Box 100 Beecroft NSW 2119) T 02 9872 0111 ~1) Forestry F 02 9871 6941 lr~ Corporation www.forestrycorporation.com.au

9 October 2020 Ref No.: MFP20/197

Mr Mark Hare A/Executive Director, Legal Branch Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Dear Mr Hare

Standing Order 52 Resolution - Order for Papers - Government asset management plans

I refer to the letter of 25 September 2020 from Kate Boyd regarding the above resolution passed by the Legislative Council on 23 September 2020.

I certify to the best of my knowledge that all documents held by the Forestry Corporation of NSW that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

Attached to this letter is the index of papers produced and a copy of the document identified.

I also enclose the return outlining the time spent by Forestry Corporation in responding to this resolution and any costs incurred.

If you have any queries about this matter please contact Manager Communications and Media, Joanna Bodley on 9872 0105.

Yours sincerely

Anshul Chaudhary A/CEO

Encl. .tit) NSW · GOVERNMENT Education

Mr Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000 Ref: DGL20/622

Dear Mr Hare

I write regarding the Legislative Council order for papers under standing order 52 passed on 16 September 2020 in relation to Government Asset Management Plans.

I certify to the best of my knowledge that all documents held by the Department of Education, that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

I certify to the best of my knowledge that no documents covered by the terms of the resolution and lawfully required to be provided are held by the TAFE Commission (Senior Executives) Staff Agency or the NSW Education Standards Authority Staff Agency.

If you require any further information please contact Michael Waterhouse, General Counsel, Legal Services on 7814 3896.

Yours sincerely

Mark Scott SECRETARY DEPARTMENT OF EDUCATION 13 October 2020

NSW Department of Education 105 Phillip Street Parramatta NSW 2150 GPO Box 33 Sydney NSW 2001 1300 679 332 education.nsw.gov.au IA

ART GALLERY DIRECTOR MICHAEL BRAND NSW

7 October 2020

Mr Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place Sydney NSW 2000

Dear Mr Hare,

Re. Standing Order 52 - Order for Papers - Government Asset Management Plans (Ref: A3907967)

I refer to the Legislative Council's resolution of 23 September 2020 that, under standing order 52, there be laid upon the table of the House the following documents, in the possession, custody or control of the Government:

(a) all Strategic Asset Management Plans (however described) of, ar applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely Departments, executive agencies related to Departments, and separate agencies; and all state owned corporations, (b) the Asset Management Plans (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely Departments, executive agencies related to Departments, and separate agencies; and all state owned corporations, (c) the Asset Register (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely Departments, executive agencies related to Departments, and separate agencies; and all state -\,_. owned corporations, and '"'Jd} any legal or other advice regarding the scope or validity of this order of the House created as a fesult of this order of the House.

I certify to the best of my knowledge that all documents held by the Art Gallery of New South Wales that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

Best wishes,

Michael Brand Director

ART GALLERY OF NEW SOUTH WALES Art Gallery Road The Domain Sydney NSW 2000 Australia TEL +61 2 9225 1725 FAX +61 2 9225 1701 [email protected] www.artgallery.nsw.gov.au AUSTRALIAN MUSEUM

7 October 2020

Mr Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Dear Mark,

Re: Standing o.rder 52 - Order for Papers - Government Asset Management Plans

Please find below the Australian Museum's response to standing order 52 - Order for Papers - Government Asset Management Plan by the Legislative Council on Wednesday 23 September 2020.

A) Strategic Asset Management Plans {SAMP)

The Australian Museum (AM) is unable to provide a SAMP as we currently do not have one. The AM has applied for a Transitional Arrangement in relation to the Asset Management Policy for the NSW Public Sector and will work to finalise this plan in accordance with the NSW Asset Management Policy by June 2024.

B) Asset Management Plans {AMP)

The AM does not currently have an AMP however we have provided documents which will be included in a finalised AMP. This will be completed as a part of the AM meeting the requirements of the Asset Management Policy for the NSW Public Sector by June 2024.

C) The Asset Register

The AM has approximately 21.9 million collection items which are collated ihto approximately 4.5 million auditable units. There are 2.4 million auditable units that have been entered as a digital record into EMu {the AM's collection management system) and this register has been provided along with the full list of attributes available {there are up to approximately 1,100 attributes available for each record in the main register).

In addition, the AM has historical manual ledgers, which are also considered collection items, for this reason they have not been provided. These ledgers are available for inspection on site upon request

Non-collection Asset Registers have been provided and are complete. Please refer to item 9 '20200930 Asset Register'.

AUSTRALIAN MUSEUM 1 WillJam Street Sydney NSW 2010 Australia T 61 2 9320 6000 australianmuseum.net.au ABN 85 407 224 698 D) Legal advice: No legal advice regarding this order of the House has been sought by the Australian Museum.

I certify to the best of my knowledge that all documents held by the Australian Museum that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

If you require any further information, please contact me on [email protected] or 0457 427 311.

Yours sincerely

T~DS:nhall Director of Corporate Services & CFO ~,lk Resilience GOVERNMENTNSW NSW

Resilience NSW GPO Box 5434, Sydney NSW 2001 Tel 02 8688 7777 www.resilience.nsw.gov.au

Mr Mark Hare NExecutive Director, Legal Ref: D0C054551 Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Dear Mr Hare

Standing Order 52 - Order for Papers - Government Asset Management Plans

I certify to the best of my knowledge that no documents covered by the terms of the resolution and lawfully required to be provided are held by Resilience NSW.

Resilience NSW's asset management is currently provided by the Department of Communities and Justice.

When Resilience NSW was established from 1 May 2020, a Memorandum of Understanding (MOU) was signed between Department of Communities and Justice, Department of Premier and Cabinet, and Resilience NSW. Under this MOU, the Department of Communities and Justice continues to provide a range of corporate services including asset management and administration.

If you have any questions, please do not hesitate to contact Bronwyn Jones, Director Corporate, Strategy and Executive Services at [email protected].

Yours sincerely ( Sbi----.J~ Shane Fitzsimmons AFSM Commissioner Resilience NSW

8 October 2020 .,.,. 4.\'1-' NSW-- Parliamentary GOVERNMENT Counsel's Office

8 October 2020

Mr Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Dear Mr Hare

Re: Standing Order 52-Government Asset Management Plans

I am writing in response to the letter from Ms Kate Boyd dated 25 September 2020 concerning a Standing Order 52 request regarding Government Asset Management Plans.

The documents in response to the request are attached.

I certify to the best of my knowledge that all documents held by the Parliamentary Counsel's Office that are covered by the terms of the resolution and are lawfully required to b.e provided have been provided.

If you require further information, please contact Karen Burrard, A/Director, Corporate Services on 9321 3332 or [email protected].

Yours sincerely

Annette O'CallagHan Parliamentary Counsel

Level 1, 60-70 Elizabeth Street, Sydney 2000 GPO Box 4191 Sydney 2001 ABN 59 811 577 522 Telephone No (02) 9321 3333 Email [email protected] Powerhouse Museum Sydney Observatory Museums Discovery Centre 500 Harris Street mo3 Upper Fort Street 172 Showground Road Ultimo NSW 2007 Millers Point NSW 2000 Castle Hill NSW 2154 +61 2 9217 0111 +612 9217 0111 +61 2 9762 1300

07 October 2020

Mr Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place Sydney NSW 2000

Dear Mr Richards,

RE Standing Order 52 - Order for Papers- Government Asset Management Plans

I refer to the memo dated 25 September 2020.

I certify to the best of my knowledge that all documents held by the Museum of Applied Arts and Sciences that are covered by the terms of the resolution and are lawfully required be provided have been provided.

Should you have any further questions in relation to this matter, please contact Jamie Twist, Senior Manager, Strategy & Operations 0411274 962 or [email protected].

Lisa Havilah Chief Executive Powerhouse Museum Greater Sydney Commission

Ref:20/12134

7 October 2020

Ms Kate Boyd General Counsel Department of Premier and Cabinet GPO Box 5341 SYDNEY NSW 2001

Dear Ms Boyd

I refer to your letter of 25 September 2020 requesting the Greater Sydney Commission (the Commission) provide papers relevant to the Legislative Council's Standing Order 52 - Order for Papers - Government Asset Management Plan.

I have directed the relevant searches to be conducted and I certify to the best of my knowledge that all documents held by the Commission that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

Further, the total time of 6 hours was spent in conducting these searches. No costs were incurred excluding staff time.

If you require any further information, please contact Jennifer Chenhall, Director Governance and Compliance at the Commission on 0436 856 061 or via email [email protected].

Yours sincerely

Mr Greg Woodhams A/Chief Executive Officer

A Level 5, 10 Valentine Avenue, Parramaua, NSW 2150 PH +612 8289 6200 E [email protected] W greater.sydney •

IDSWInfrastructure New South Wales

12 October 2020

Mr Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

By email to: [email protected]

Dear Mr Hare

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS

I refer to the Legislative Council's Standing Order 52 resolution passed on 23 September 2020, calling for the tabling of documents in relation to Government asset management plans.

I certify to the best of my knowledge that all documents held by Infrastructure NSW that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

Yours sincerely

Simon~ ,Draper Chief Executive Officer ,>

STATE LIBRARY'''• N~W .~OUTII W~l.l'S

FROM THE STATE LIBRARIAN

Mr Mark Hare A/Executive Director, Legal Office of General Counsel Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Thursday, 8 October 2020

Dear Mr Hare,

Re: Standing Order 52 - Order for Papers - Government Asset Management Plans (Ref: A3907967)

I refer to the Legislative Council's resolution of23 September 2020, under standing order 52, there be laid upon the table of House the following documents, in the possession, custody or control of the Government

(a) all Strategic Asset Management Plans (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely Departments, executive agencies related to Departments, and separate agencies; and all state owned corporations, (b) the Asset Management Plans (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely Departments, executive agencies related to Departments, and separate agencies; and all state owned corporations, {c) the Asset Register (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely Departments, executive agencies related to Departments, and separate agencies; and all state owned corporations, and

Macquarie Street Sydney ~SW 2000 /Telephone +612 92731663 / jc,[email protected] www.:,l.nsw.gov.au (d) any legal or other advice regarding the scope or validity of this order of the House created as a result ofthis order of the House.

The State Library's response is the following:

a) The State Library does not have a current Strategic Asset Management Plan. The Library intends to make an application to the responsible minister for a determination of an exemption from full compliance with the core requirements ofTPP19-07 (Asset Management Policy for the NSW Public Sector) for the current reporting period. b) The State Library does not have a current Asset Management Plan. The Library intends to make an application to the responsible minister for a determination of an exemption from full compliance with the core requirements of TPPI 9-07 (Asset Management Policy for the NSW Public Sector) for the current reporting period. c) The State Library's Asset Register is current as of 30th June 2020 and is provided. d) There is no legal or other advice that the State Library wishes to submit as a result of this order of the House.

I certify to the best of my knowledge that all documents held by the State Library of NSW that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

Yours sincerely, QJJ~' State Librarian

:,.J ln·quaril' St J'\·i:t SydJHT :,.,:s,v '.!il()(I ; rdt·ph111w -·f-.12 : , johnx;1]l.111n•·,1 ,d.n:::w.)-!.n\'.

Mr Matt Richards A/Executive Director, Legal Branch Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000

Dear Mr Richards,

RE: Standing Order 52 - Order for Papers - Government Asset Management Plans

I certify to the best of my knowledge that all documents held by the Sydney Opera House Trust that are covered by the terms of the resolution and are lawfully required to be provided have been provided.

Yours sincerely,

Louise Herron Chief Executive Officer

Sydney Opera Houae T +612 9260 7111 Bonnolong Point F +612 9250 7666 GPO Box4274 ABN 69 712101 035 Sydney NSW 2001 sydnoyoporahouso.com 2-

NSW TREASURY

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS

NON - PRIVILEGED DOCUMENTS

Document No. Document Date of Creation Author Privilege Claim YIN? 1 Fixed Asset Register as at 30 N/A NSW Treasury N June 2020

2 Fixed Asset Policy - TIPP 6.2 N/A NSW Treasury N Assets: Property, Plant and Equipment; Intangible Software

3 AASB16 Right of Use Asset N/A NSW Treasury N (leased premises) listing at 30 June 2020 Western City & Aerotropolis Authority

ORDER FOR PAPERS - S052 - Searle Government Asset Mgmt Non Privileged Documents

Document Document Date of Creation Author Privilege No. Claim Y/N? 33 (c) 1 Asset Register 30 September 2020 Western City & N Aerotropolis Authority DESTINATION NSW

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS·

NON-PRIVILEGED DOCUMENTS

Document Document Date of Creation Author Privilege No. Claim YIN? (c)(i) 1 Email and attachment 7/10/20 Department of N from Department of Planning, Industry Planning, Industry and Environment and Environment to Destination NSW - Fixed Asset Reconciliation (c)(i)2 Email and attachment 6/10/20 Department of N from Department of Planning, Industry Planning, Industry and Environment and Environment to Destination NSW - Head Office Lease (c)(i)3 Email and attachment 6/10/20 Department of N from Department of Planning, Industry Planning, Industry and Environment and Environment to Destination NSW - Car Lease Reconciliation .,.-'!,. I Planning, ~ Industry& Annexure 1 !:i~'JY' Environment DEPARTMENT OF PLANNING, INDUSTRY AND ENVIRONMENT

ORDER FOR PAPERS-GOVERNMENT ASSET MANAGEMENT PLAN

NON-PRIVILEGED

Part (a) all Strategic Asset Management Plans (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely departments, executive agencies related to departments, and separate agencies; and all State owned corporations;

There are no documents for the order

Part (b) the Asset Management Plans (however described} of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely departments, executive agencies related to departments, and separate agencies, and all State owned corporations;

Document No. Document Date of Author Privilege Claim Creation No DPIE.GAMP.002 Department of Industry Crown Lands - Asset Management Plan 2019 - 15/10/2019 Doi No 2029 DPIE.GAMP.003 2019-2029 Asset Management Plan -Water Group & Water Nov 2019 OPIE No Administration Ministerial Corporation _,...,,. I Planning, ~~ Industry & Annexure 1 ~ Environment

Part (c) the Asset Register (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely departments, executive agencies related to departments, and separate agencies; and all State owned corporations; and

Document No. Document Date of Author Privilege Claim Creation No DPIE.GAMP.004 National Parks and Wildlife Service Fixed Assets Reaister 30 June 2020 DPIE No DPIE.GAMP.005 DPIE & Office of Local Government Fixed Asset Reaister 30 June 2020 DPIE No DPIE.GAMP.006 Crown Lands Detailed Listina 31 Mar 2020 DPIE No DPIE.GAMP.007 lndustrv Asset listinq 30 June 2020 DPIE No DPIE.GAMP.008 Office Environment & Heritage Asset and Property, Plant & 30 June 2020 DPIE No Eauioment balances DPIE.GAMP.EPA.009 NSW EPA - Asset Reqister 25 Sept 2020 EPA No DPIE.GAMP.LCOM.010 Landcom -Fixed Asset Reqister 30 June 2020 Landcom No

Part (d) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.

There are no documents for the order

*** HUNTER WATER CORPORATION

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS

NON-PRIVILEGED DOCUMENTS

Document No. Document Date of Creation Author Privilege Claim Y/N? HWC-A-01 Strategic Asset Management 3/06/2020 Hunter Water N Plan (SAMP) NSW HEALTH

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS

NON-PRIVILEGED DOCUMENTS

Document Document Date of Creation Author Privilege No. Claim Y/N? 1 Building Asset 07/10/2020 NSW Health N Register - MoH, HCCC, MHC and HPCA- as at 7 October 2020 PS-00597-2020/A3907967 Attachment A- Index A- non-privileged documents [Department of Customer Service]

ORDER FOR PAPERS - [Government Asset Management Plan]

[NON-PRIVILEGED DOCUMENTS]

Document Document Date of Creation Author Privilege Claim No. Y/N? Cluster Asset Strategy Department of Customer Service Cluster - November 2019 01/11/2019 - 20/11/2019 N (a)1 Customer Service Capital Investment Plan - Emerging Projects capital Department of only 01/11/2019 - 20/11/2019 N (b)1 Customer Service Real Property Asset Utilisation and Recycling Plan - Department of Overview and Summary 31/10/2019 N (b)2 Customer Service Customer Service Cluster Company Code Listing Department of 30/09/2020 N (c)1 Customer Service Customer Service Cluster Asset Class by Company - Department of Tab A of Asset Register Spreadsheet 30/09/2020 N (c)2 Customer Service Customer Service Cluster Asset Detailed to Summary Reconciliation Department of 30/09/2020 N (c)3 Tab B of Asset Register Spreadsheet Customer Service

Customer Service Cluster Asset Summary by Class - Department of Tab C of Asset Register Spreadsheet 30/09/2020 N (c)4 Customer Service Customer Service Cluster Asset Register Detailed Asset Listing Department of 30/09/2020 N (c)5 Tab D of Asset Register Spreadsheet Customer Service

Customer Service Cluster Asset Register Asset Class Department of Description 30/09/2020 N (c)6 Customer Service Tab E of Asset Reqister Spreadsheet Stronger Communities

ORDER FOR PAPERS- SO 52 Government Asset Management Plan

NON-PRIVILEGED DOCUMENTS (d) Strategic Asset Management Plan (e) Asset Management Plans (f) Asset Register

Category Document Document Date of Creation Author Privilege No. Claim Y/N? (c) 1 DJ Fixed Asset Register As at 30 September 2020 NSW Department of N Communities and Justice (c) 2 CSNSW Fixed Asset Register As at 30 September 2020 NSW Department of N Communities and Justice (c) 3 NSWCC Fixed Asset Register As at 30 September 2020 NSW Crime Commission N

(a) 4 Strategic Asset Management Plan - OGG 18 March 2019 Office of the Children's N Information and Communications Guardian - BSR Solutions Technolonv Strateoic Plan 2019 - 2023 (c) 5 OGG Fixed Asset Register As at 30 September 2020 Office of the Children's N Guardian

(c) 6 Asset Register - ADC Fixed Asset As at 30 June 2020 Office of the Ageing and N Register Disability Commissioner

(c) 7 Asset Register - ODPP Fixed Asset As at 31 August 2020 Office of the Director of N Register Public Prosecutions (c) 8 Asset Register - NSW LAC Fixed Asset As at 30 June 2020 NSW Legal Aid N Register Commission

(b) 9 Asset Management Plans- FRNSW IT 01/4/2019 Fire and Rescue NSW N Total Asset Management 10-year plan (FY22- 31)

(b) 10 FRNSW Property Asset Management 16/08/2018 Fire and Rescue NSW N Plan (as at 18 Seotember2020l (b) 11 FRNSW Fleet Total Asset Management 09/01/2020 Fire and Rescue NSW N Plan 2020-21

(b) 12 FRNSW Equipment Total Asset 13/05/2019 Fire and Rescue NSW N Management Plan 2019

(b) 13 FRNSW Community Fire Units Asset 15/02/2020 Fire and Rescue NSW N Management Plan 2020-29

(c) 14 Asset Register - 30/06/2020 Fire and Rescue NSW N FRNSW Strategic procurement contract service asset list

(cl 15 FRNSW Communitv Safetv Asset List 30/06/2020 Fire and Rescue NSW N (c) 16 FRNSW Education and Training Asset 30/06/2020 Fire and Rescue NSW N list (cl 17 FRNSW Executive Asset list 30/06/2020 Fire and Rescue NSW N (c) 18 FRNSW Field Operations asset list 30/06/2020 Fire and Rescue NSW N (cl 19 FRNSW Fleet ManaaementAsset List 30/06/2020 Fire and Rescue NSW N (cl 20 FRNSW IT asset list 30/06/2020 Fire and Rescue NSW N /cl 21 FRNSW Metrooolitan East 123 asset list 30/06/2020 Fire and Rescue NSW N /cl 22 FRNSW Metrooalitan North 123 asset list 30/06/2020 Fire and Rescue NSW N (c) 23 FRNSW Media & Communication asset 30/06/2020 Fire and Rescue NSW N list (c) 24 FRNSW Metropolitan South 123 Asset 30/06/2020 Fire and Rescue NSW N List C 25 FRNSW Metropolitan West 123 asset list 30/06/2020 Fire and Rescue NSW N C 26 FRNSW Operational Capabilitv Asset List 30/06/2020 Fire and Rescue. NSW N C 27 FRNSW Propertv Services Asset List 30/06/2020 Fire and Rescue NSW N C 28 FRNSW Reaional North 123 asset list 30/06/2020 Fire and Rescue NSW N C 29 FRNSW Reaional South 123 asset list 30/06/2020 Fire and Rescue NSW N C 30 FRNSW Reaional West asset list 30/06/2020 Fire and Rescue NSW N (c) 31 Asset Register - NSW SES Equipment As at 15 September 2020 NSW State Emergency N Register Services

(c) 32 NSW SES Total Asset Management 30 November2014 NSW State Emergency N Strategy Services

(c) 33 Asset Register - NSW RFS Fixed Asset As at 30 June 2020 NSW Rural Fire Service N Reoister (c) 34 Asset Register - NSW CSO Fixed Asset As at 31 August 2020 Crown Solicitor's Office N Reaister C 35 · Deliberatelv blank/omitted Deliberatelv blank/omitted Deliberatelv blank/omitted N (c) 36 FAGS Fixed Asset Register As at 30 September 2020 NSW Department of Y- Communities and Justice Partial (c) 37 ADHC Fixed Asset Register As at 30 September 2020 NSW Department of Y- Communities and Justice Partial (c) 38 Justice Asset Strategy 2017-27 1 July 2017 NSW Department of N Justice (c) 39 FAGS Total Asset Management 2017-27 22 December2016 NSW Department of N Family and Community Services (c) 40 NSWOOS Asset Strategy 25 September 2017 Office of Sport N

(c) 41 NSWOOS Asset Stewardship Policy 25 September 2017 Office of Sport N

(c) 42 Asset Register - NSWOOS Fixed Asset As at 5 October 2020 Office of Sport N Reaister (c) 43 Asset Register - As at 30 June 2020 Multicultural NSW N MNSW Fixed Asset Register

(b} 44 NSWCCAsset Management Plan 1 July2020 NSW Crime Commission N

(c) 45 NSWIS Fixed Asset Register As at 5 October 2020 Institute of Sport N

(c) 46 NSWIS IT Asset List 25 September 2017 Institute of Sport N

(a) 47 NSWIS Asset Management Policy 25 September 2017 Institute of Sport N DEPARTMENT OF REGIONAL NSW ORDER FOR PAPERS - 5052- GOVERNMENT ASSET MANAGEMENT PLANS NON-PRIVILEGED DOCUMENTS

Privile(le Claim Document No. Document Date of Creation Author YIN? Dept Regional NSW Consolidated Asset Register (c)1 8/10/2020 Dept RegionalNSW as at 30 June 2020 N Local Land Services Asset Register as at 30 June (c) 2 8/10/2020 Dept RegionalNSW 2020 N Food Authority NSW Asset Register as at 30 June (c) 3 8/10/2020 2020 Dept RegionalNSW N Agriculture Scientific Collections Trust Asset (c) 4 8/10/2020 N Register as at 30 June 2020 Dept RegionalNSW FORESTRY CORPORATION OF NSW

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS

Document Item Document Date of creation Author Privilege claim Y/N? No. Item (c) 1 The Asset Register (however described) Forestry Corporation 6/10/2020 Forestry N of, or applicable to, public service Asset Register as at 30 Corporation agencies (excluding the Transport June 2020 - generated of NSW cluster) as set out in Schedule 1 of the from Forestry Government Sector Employment Act Corporation's Asset 2013, namely departments, executive Database agencies related to departments, and separate agencies; and all State owned corporations. -- -·-·-··. ·- ..•...•...... """""""" .. ·-"""""·--·-" : Department of Education --·-·-····-····-·-······-·······"-·"-·"·"-----' ______-·-·- .... :...... "·"·-·--·---- _ ...... ···"···"·"-"""·-·-·--·- j______····-···-··········"·····"·"-·----~------·- ---· -·--·--- ·-·-·-·-·-·-· ...... ' """ .. ""·---""" ---·-·- iQt~~E_for Papers - Government Asset ~~-~-~-~~E!~.~"~-~"-~"~ans

-:-.------·-· ·-· ...... """"" """" .... ·-·-··""···- - -·-················•··- . """"""·------·-···--· .. ·- -··········-·"·--· """""" :------iNON-PRIVILEGED DOCUMENTS Document/ Privilege Claim TAB No Description Document Date of Creation Author Y/N all Strategic Asset Management Plans (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Updated Asset Strategy - Non-binding, top level, 1-Nov-19 Department of Education N Sector Employment Act 2013, strategic plan namely departments, executive agencies related to departments, and separate agencies; and all (a)(i) 1 State owned corporations the Asset Management Plans (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Asset Utilisation and Recycling Plan - Outlines 1-Nov-19 Department of Education N Employment Act 2013, namely departments, ownership or real property and utilisation metrics executive agencies related to departments, and separate agencies, and all State owned (a)(ii) 1 corporations the Asset Register (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, 1010 Fixed Asset Register 30-Jun-20 Department of Education N namely departments, executive agencies related to departments, and separate agencies; and all (a)(iii) 1 State owned corporations (a)(iii) 2 1060 Fixed Asset Register 30-Jun-20 Department of Education N ART GALLERY OF NEW SOUTH WALES

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLAN

NON-PRIVILEGED DOCUMENTS

Date of Privilege Author DocumenfNo. Item ·oocument claimY/N? Creation .

Fixed asset report ( comprising Jenny summary and detailed) as at 31 July Price Item 1 (c)(1) Fixed Asset Register 2020; generated from SAP 8 August 8 August 2020 N 2020; provided by Finance 6 October Art Gallery of New 2020 South Wales

Page 1 of 1 AUSTRALIAN MUSEUM

ORDER FOR PAPERS - STANDING ORDER 52

NON-PRIVILEGED DOCUMENTS

Privilege Document Date of Claim No. Document Creation Author Y/N? 1 Not used Overview of the categories within the Natural Science collection assets 06/10/20 Australian /c) 2 Museum N Register of collection assets (2.4 million records of approximately 4.5 Australian (c) 3 million total collection items) 06/10/20 Museum N Full list of fields maintained in EMu collection management system Australian /cl 4 06/10/20 Museum N Register of Genomic data collection assets Australian (cl 5 06/10/20 Museum N Register of Tissue, DNA, and RNA collection assets 01/10/20 Australian (cl 6 Museum N Register of Rare Books collection assets 06/10/20 Australian (c) 7 Museum N Register of Library Collection assets 06/10/20 Australian (c) 8 Museum N Register of Non collection assets 07/10/20 Australian (cl 9 Museum N List of fields maintained in the asset register for non collection assets 07/10/20 Australian (c) 10 Museum N Natural Science Collections policy 08/2019 Australian (b) 11 Museum N Draft Entomology Arachnology Collection and Research Plan Australian (b) 12 25/03/20 Museum N Privilege Document Date of Claim No. Document Creation Author Y/N? Draft Marine invertebrate Collection and Research Plan Australian (bl 13 25/03/20 Museum N Draft Geosciences and Archaeology Collection and Research Plan Australian (bl 14 25/03/20 Museum N Draft lcthyology Collection and Research Plan Australian (bl 15 25/03/20 Museum N Terrestrial Verebrates Collection and Research Plan Australian /b) 16 25/03/20 Museum N Draft Malacology Collection and Research Plan Australian /b) 17 25/03/20 Museum N Draft Collection Enhancement policy Australian /b) 18 03/2020 Museum N Parliamentary Counsel's Office

ORDER FOR PAPERS - Government Asset Management Plan

NON-PRIVILEGED DOCUMENTS

Document No. Document Date of Creation Author Privilege Claim Y/N? (b) (i) PCO Assets and Capitalisation March 2017 Parliamentary Counsel's N Policv Office (c) (i) PCO Assets Register June 2020 Parliamentary Counsel's N Office MUSEUM OF APPLIED ARTS AND SCIENCES

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS

NON-PRIVILEGED DOCUMENTS

Document No. Document Date of Creation Author Privilege Claim Y/N? 1 Service Oriented Asset 15/10/2014 JACOBS for Arts NSW and N Management Framework The Museum of Applied Arts and Sciences 2 Fixed Asset Register 30/06/2020 Museum of Applied Arts and N Sciences THE GREATER SYDNEY COMMISSION

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLAN

NON-PRIVILEGED DOCUMENTS

Document No. Document Date of Creation Author Privilege Claim Y/N? (a) 1 Asset Management Policy (18 May 2019 The Greater Sydney N PaQes) Commission. (c) 1 Fixed Asset Register (10 Pages, Last Updated June 2020 The Greater Sydney N includinQ pivot tables.) Commission. INFRASTRUCTURE NSW

ORDER FOR PAPERS - DOCUMENTS PREPARED BY INFRASTRUCTURE NSW

IN RELATION TO GOVERNMENT ASSETS

NON-PRIVILEGED DOCUMENTS - ITEM (b)

·,, :·1>· ,,,., > ·'. ··· ''"ri:iil1es1¥·, ' · !~tm):tt.::

INSW.001.001.0009 I Item (b) Report Barangaroo Delivery Authority AMP 2019 06/05/2019 No

INSW.001.001.0010 I Item (b) Table Appendix 1 - Asset Register 17/05/2019 No

INSW.001.001.0011 I Item (b} Table Appendix 2 - PPM Schedule 03/05/2019 No

INSW.001.001.0012 I Item (b) · Report Appendix 3 - Annual Works Plan AMP 2019 06/05/2019 No

INSW.001.001.0013 I Item (b) Report Appendix 4 - 10 Year Works Plan AMP 2019 06/05/2019 No

INSW .001.001.0014 I Item (b) Report Appendix 5 - Completed Works Plan 2019 06/05/2019 No

INSW.001.001.0015 I Item (b} Table Attachment F - 2016-17_TAM_Data_Tables_Final 16/11/2015 No

Page 11 INFRASTRUCTURE NSW

ORDER FOR PAPERS - DOCUMENTS PREPARED BY INFRASTRUCTURE NSW

IN RELATION TO GOVERNMENT ASSETS

NON-PRIVILEGED DOCUMENTS - ITEM (c)

D6JiirtiiHti~f;~1fl, ff!~~!ti~! ~ ~~i~i~@~~~:~~i;J tfi~~~~~~ INSW.001.001.0001 I Item (c) Table UGDC Fixed Assets Register FY 21 Sep 2020 01/10/2020 No

INSW.001.001.0002 I Item (c) Table INSW Fixed Asset Register as at 30.09.2020 30/09/2020 No

INSW.00.1.001.0006 I Item (c) Table BDA Asset Register Sep 2020 06/10/2020 No

INSW.001.001.0008 I Item (c) Table Bays East Asset Data 29/10/2019 No

INSW.001.001.0016 I Item (c) Table BDA - Lifecycle Model Data - Unprotected 11/07/2019 No

Page 11 INFRASTRUCTURE NSW

ORDER FOR PAPERS· DOCUMENTS PREPARED BY INFRASTRUCTURE NSW

IN RELATION TO GOVERNMENT ASSETS

NON-PRIVILEGED DOCUMENTS • ITEM (a) 1Iiiti~t" Attachment F - 2016-17_ TAM_Data_Tables_Final 16/11/2015 No

Page 11 STATE LIBRARY OF NSW

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLAN

NON-PRIVELEGED DOCUMENTS

Document No. Document Date of Creation Author Privilege Claim Y/N? 1 State Library of NSW Asset 30/6/2020 State Library of NSW N Reqister SYDNEY OPERA HOUSE TRUST

ORDER FOR PAPERS - GOVERNMENT MANAGEMENT ASSET PLAN

NON-PRIVILEGED DOCUMENTS

Document No. Document Date of Creation Author Privilege Claim YIN? BOX1 /a)1 Asset Management Policy 12/2016 Sydney Opera House Trust N /a)2 Asset Manaoement Stratenv 05/04/2017 Sydney Ooera House Trust N (b)1 Asset Management Plan - Building 09/2013 Sydney Opera House Trust N /General) (b)2 Asset Manaoement Plan - Concert Hall 09/2013 Sydney Ooera House Trust N (b)3 Asset Management Plan - Joan 09/2013 Sydney Opera House Trust N Sutherland Theatre (b)4 Asset Management Plan - Drama 09/2013 Sydney Opera House Trust N Theatre (b)5 Asset Management Plan - Food & 09/2013 Sydney Opera House Trust N BeYeraoe /b)6 Asset Manaoement Plan - Playhouse ,09/2013 Sydney Opera House Trust N (b)7 Asset Manai:iement Plan - Public Domain 09/2013 Sydney Opera House Trust N (b)8 Asset Management Plan - Recording 09/2013 Sydney Opera House Trust N Studio (b)9 Asset Manai:iement Plan - Retail 09/2013 Sydney Opera House Trust N /b)10 Asset Manaoement Plan - Sails 09/2013 Sydney Opera House Trust N (b)11 Asset Management Plan - Central 09/2013 Sydney Opera House Trust N Passage /b\12 Asset Manaoement Plan - Staff Facilities 09/2013 Sydney Opera House Trust N (b)13 Asset Manaoement Plan - The Studio 09/2013 Sydney Opera House Trust N (b)14 Asset Manaoement Plan - Utzon Room 09/2013 Sydney Ooera House Trust N (b)15 Asset Management Plan - Western 09/2013 Sydney Opera House Trust N Foyer SYDNEY OPERA HOUSE TRUST

ORDER FOR PAPERS - GOVERNMENT MANAGEMENT ASSET PLAN

NON-PRIVILEGED DOCUMENTS

Document No. Document Date of Creation I Author l Privilege Claim I Y/N? B0X2 (c\1 I SOH Asset Reaister I 01/10/2020 I Svdnev Ooera House Trust l N DEPARTMENT OF PREMIER AND CABINET

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS

NON-PRIVILEGED DOCUMENTS

Note the following entities listed in Schedule 1 to the Government Sector Employment Act 2013 and which are in the Department of Premier and Cabinet cluster are established to support independent statutory officers who are not subject to Ministerial direction or control: • NSW Electoral Commission • Ombudsman's Office • Public Service Commission • Office of the Law Enforcement Conduct Commission • Office of the Inspector of the Law Enforcement Conduct Commission

The Legislative Council should liaise directly with independent separate agencies in relation to the resolution.

Create NSW

C 2 Fixed Asset Re ister As at 9 October 2020 Create NSW N (c) 3 Fixed Asset Register as at 21 21 April 2020 GovConnect N April 2020 (c) 4 I.Aboriginal Affairs Fixed Asset 30 September 20202 NSW Department of I N Register 30 September 20202 Education (c) 5 I Heritage NSW Asset Register 29/09/2020 Heritage NSW I N 2019-2020 (c) 6 I Current Sydney Living I 07 October 2020 I Sydney Living Museums I N Museums Asset Re ister (c) 7 Current State Archives and 07 October 2020 State Archives and Records N Records Authority of NSW Authority of NSW Asset Asset Register Register 3

SUBMISSION IN SUPPORT OF CLAIM FOR CONFIDENTIALITY AND PRIVILEGE BY HUNTER WATER CORPORATION ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS - 23 SEPTEMBER 2020

In accordance with the terms of the resolution agreed to by the Legislative Council on 23 September 2020 and the terms of Standing Order 52, documents have been identified for production by the Hunter Water Corporation (Hunter Water) and the potential application of privilege to those documents has been considered. This submission has been prepared in support of the claims for privilege made by Hunter Water.

It is to be noted that these claims for privilege are not raised as a basis to resist production of documents that are within scope of the resolution. Rather, these claims are made, pursuant to Standing Order 52(5), to identify those documents over which privilege may be claimed, in order to allow the Legislative Council to consider the claims and in support of an application that it is in the public interest that the documents should not be made publicly available.

The document over which a claim of privilege has been made is identified in the relevant index, together with the nature of each claim. The two key bases for the privilege ·c1a.im are:

1. Public interest immunity stemming from information which would place Hunter Water at a significant commercial disadvantage relative to its competitors and contractors; and 2. Public interest immunity stemming from information which may pose a risk to the security of assets (pursuant to the intent of the Security of Critical Infrastructure Act 2018 (Cwth)), whether infrastructure or digital systems.

Hunter Water submits that the publi~ disclosure of documents over which it has made a claim for privilege would be contrary to the public interest. For this reason, Hunter Water asserts public interest immunity over this information. Public interest immunity is a well-established common law principle that requires the balancing of conflicting interests to determine whether it would be "injurious to the public interest to disclose" the impugned material. According to the New South Wales Legislative Council Practice, "the proper basis for claims of commercial-in-confidence information is not that there may be a commercially confidential dealing, but that the disclosure of that matter is likely to cause damage to the commercial activity".

In making a substantive claim for privilege, Hunter Water recognises its obligation to produce these documents to the House. However, Hunter Water also submits that it is contrary to the public interest for these documents to be made public, given the likely impact to Hunter Water, its customers, and through them, the State of New South Wales.

Further, the documents produced pursuant to the Order are produced under the compulsion of law. Hunter Water does not waive any privilege in respect to any of the privileged documents by producing them in compliance with the Order.

Public interest immunity stemming from commercial-in-confidence

Hunter Water is a NSW Government commercial trading entity, constituted under the State Owned Corporations Act 1989. Hunter Water operates in a competitive environment, including with private sector water utilities. It is submitted that certain of the documents identified and indexed as privileged contain information in relation to the commercial interests of third parties and the State, and that the public interest in their non-disclosure outweighs the interest in their disclosure.

In support of this claim, it is submitted that such information would ordinarily be protected from public disclosure under the common law or the Government Information (Public Access) Act 2009 (NSW) (GIPA Act).

Hunter Water's return to the Order includes documents containing information which is commercial-in-confidence on one or both of the following bases:

• The potential for disclosure of the document to reveal Hunter Water's commercial position, risk appetite or commercial imperatives, which would therefore provide prospective or actual tend ere rs with information that they would not ordinarily have, and so would prejudice the ability for Hunter Water to obtain competitive tenders and/or prices for future projects, and/or comprehensive information in support of any tenders submitted. There will be a direct impact on Hunter Water customers, and the people of NSW more broadly, if this information were made available because Hunter Water would be placed at a substantial commercial disadvantage when dealing with its contractors, when procuring goods or services, or when competing in the market. Documents in this category relate to Paragraph B of the Resolution (Asset Management Plans)-documents HWC-B-01 to HWC-B-35

• The potential for disclosure of a document to reveal analysis, evaluation and advice relating to key issues concerning existing and proposed contractual and commercial arrangements, to potential tenderers. This disclosure would have a significant adverse effect on the ability of Hunter Water to: o Evaluate proposals received in connection with current and future competitive tenders, because tenderers would be aware of the bases of Hunter Water's evaluation and key information which Hunter Water would use as part of its evaluation and they would, therefore, possess an information advantage; or o Negotiate contracts with tenderers in respect of those tenders, because tenderers would be likely to be aware of areas of commercial leverage against Hunter Water; or o Obtain favourable commercial terms or prices in relation to a particular contractual or commercial negotiation, for the same reasons as those outlined above; or o Manage current contracts to achieve value for money, for the same reasons as those outlined above.

Public interest immunity stemming from security risks to public assets

The Order calls for documents which relate to asset management (among other things). Key asset management plans held by Hunter Water provide details of the design features of Hunter Water's digital and physical assets, together with areas that will require management and maintenance, and which may indicate areas of specific or systemic concern. These documents not only detail routine maintenance matters, but also provide a framework for planning for major periodic maintenance or upgrade to prolong the life of existing assets or provide for new assets. This includes documents related to Paragraph B of the Resolution (Asset Management Plans): documents HWC-B-01 to HWC­ B-35, and the document related to Paragraph C of the Resolution (Asset Register): document HWC­ C-01. Disclosure of this information is contrary to the public interest for the following reasons.

• First, the information contained in the documents could enable threat actors to conduct targeted reconnaissance so as to direct their efforts towards infrastructure or digital systems where a high success rate would be expected. This gives rise to clear security concerns.

As an essential service provider, Hunter Water has legislative obligations under both NSW and Commonwealth law to protect the security of its physical and digital assets, so that it can continue to perform its core functions of providing safe and reliable water and wastewater services that maintain public health. Any compromising of Hunter Water's assets has the potential to be catastrophic, either in relation to public health in the context of wastewater, or flooding in relation to water services generally. The security and integrity of Hunter Water's assets are critical to ensure the continuation of essential services.

• Second, unauthorised access to Hunter Water's assets would directly prejudice Hunter Water's customers, and the people of New South Wales more broadly, in terms of the cost of re mediating any breach. Any breach of infrastructure or digital systems may result in significant public harm. Hunter Water's systems include detailed engineering information relating to significant infrastructure assets which are designed to protect the public health, and are used daily by customers located across the Lower Hunter.

• Third, while not determinative, the GIPA Act provides that there is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the fol lowing effects (whether in a particular case or generally):

o increase the likelihood of, or prejudice the prevention of, preparedness against, response to, or recovery from, a public emergency (including any natural disaster, major accident, civil disturbance or act of terrorism),

o endanger, or prejudice any system or procedure for protecting, the life, health or safety of any person, endanger the security of, or prejudice any system or procedure for protecting, any place, property or vehicle,

o facilitate the commission of a criminal act (including a terrorist act within the meaning of the Terrorism {Police Powers) Act 2002 (NSW)).

The GIPA Act outlines some key public interest considerations, and, in the context of the asset management plans, these considerations weigh powerfully against disclosure.

In all of these cases, the public interest in disclosure is outweighed by the public interest in non­ disclosure. HUNTER WATER CORPORATION

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS

PRIVILEGED DOCUMENTS

Document Date of Privilege Claim Document Author No. Creation Y/N? Paragraph b: HWC-B-01 Actuators - Asset Class Management Plan 4/12/2014 Hunter Water Y - Commercial-in- Confidence HWC-B-02 Asset Management Plan (Operations and Maintenance)- 20/08/2020 Hunter Water Y - Commercial-in- Grahamstown Dam Confidence HWC-B-03 Back-up Power Supplies - Asset Class Management Plan 26/11/2014 Hunter Water Y - Commercial-in- Confidence HWC-B-04 Cable Ways - Asset Class Management Plan 23/10/2014 Hunter Water Y - Commercial-in- Confidence HWC-B-05 Chemical Dosing Systems - Asset Class Plan 5/07/2019 Hunter Water Y - Commercial-in- Confidence HWC-B-06 Chichester Dam - Asset Management Operations and Maintenance 20/08/2020 Hunter Water Y - Commercial-in- Plan Confidence HWC-B-07 Chichester Trunk Gravity Main CTGM - Asset Management Plan 20/05/2016 Hunter H20 Y - Commercial-in- Confidence HWC-B-08 Cranes - Asset Class Management Plan 6/11/2014 Hunter Water Y - Commercial-in- Confidence .HWC-B-09 Drive Controllers - Asset Class Management Plan 12/11/2014 Hunter Water Y - Commercial-in- Confidence HWC-B-10 Earthing - Asset Class Management Plan 20/03/2015 Hunter Water Y - Commercial-in- Confidence HWC-B-11 Electric Motors - Asset Class Management Plan 19/05/2014 Hunter Water Y - Commercial-in- Confidence HWC-B-12 Electrical Cable - Asset Class Management Plan 11/05/2017 Hunter Water Y - Commercial-in- Confidence Document Date of Privilege Claim Document Author No. Creation Y/N? HWC-8-13 Facility Plan - Anna Bay WTP 17/08/2020 Hunter Water Y - Commercial-in- Confidence HWC-B-14 Facility Plan - Dungog WTP 17/08/2020 Hunter Water Y - Commercial-in- Confidence HWC-8-15 Facility Plan - Grahamstown WTP 17/08/2020 Hunter Water Y - Commercial-in- Confidence HWC-B-16 Facility Plan - Gresford WTP 17/08/2020 Hunter Water Y - Commercial-in- Confidence HWC-8-17 Facility Plan - Lemon Tree Passage WTP 17/08/2020 Hunter Water Y - Commercial-in- Confidence HWC-B-18 Facility Plan - Nelson Bay WTP 17/08/2020 Hunter Water Y - Commercial-in- Confidence HWC-B-19 Fire Protection - Asset Class Management Plan 27/11/2014 Hunter Water Y - Commercial-in- Confidence HWC-8-20 High Voltage Assets - Asset Management Plan 17/08/2020 Hunter Water Y - Commercial-in- Confidence HWC-B-21 Lifting Equipment - Asset Class Plan 1/05/2019 Hunter Water Y - Commercial-in- Confidence HWC-B-22 Lightning Protection - Asset Class Management Plan 20/03/2015 Hunter Water Y - Commercial-in- Confidence HWC-B-23 Miscellaneous Power and Lighting - Asset Class Management Plan 2/12/2014 Hunter Water Y - Commercial-in- Confidence HWC-8-24 Overhead Transmission Systems - Asset Class Management Plan 17/08/2020 Hunter Water Y - Commercial-in- Confidence HWC-B-25 Power Factor and Harmonic Correction - Asset Class Management 20/01/2015 Hunter Water Y - Commercial-in- Plan Confidence HWC-8-26 Pressure Equipment - Asset Class Plan 1/05/2019 Hunter Water Y - Commercial-in- Confidence HWC-B-27 Protection - Asset Class Management Plan 23/03/2015 Hunter Water Y - Commercial-in- Confidence HWC-B-28 Reservoirs - Asset Class Management Plan 19/04/2016 Hunter Water Y - Commercial-in- Confidence Document Date of Privilege Claim Document Author No. Creation Y/N? HWC-8-29 Sewer Rising Mains - Asset Class Management Plan 1/11/2015 Hunter Water Y - Commercial-in- Confidence HWC-B-30 Stormwater - Asset Class Management Plan 17/11/2015 Hunter Water Y - Commercial-in- Confidence HWC-8-31 Substations Switchyards - Asset Class Management Plan 17/08/2020 Hunter Water Y - Commercial-in- Confidence HWC-8-32 Switchboard - Asset Class Management Plan 29/08/2014 Hunter Water Y - Commercial-in- Confidence HWC-8-33 Switchgear - Asset Class Management Plan 17/08/2020 Hunter Water Y - Commercial-in- Confidence HWC-8-34 Transformers - Asset Class Management Plan 17/08/2020 Hunter Water Y - Commercial-in- Confidence HWC-8-35 Winding Creek Detention Basin No 5 - Asset Management 15/09/2020 Hunter Water Y - Commercial-in- Operations and Maintenance Plan Confidence

Paragraph c: HWC-C-01 Asset Register 1/10/2020 Hunter Water Y - Commercial-in- Confidence ~WaterNSW ~ WATERNSW

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS

ATTACHMENT- BASIS OF CLAIMS FOR PRIVILEGE

This submission is confidential and, due to its contents, is not for publication.

On 23 September 2020, the Legislative Council passed a resolution under Standing Order 52 calling for the following documents to be produced by the Government:

(a) Strategic Asset Management Plans;

(b) Asset Management Plans; and

(c) Asset Registers,

(Resolution).

This submission sets out the basis for the claims for privilege made on behalf of WaterNSW in respect of documents produced on 12 October 2020 in response to the Resolution. Claims of privilege are made on the basis of:

1. Public Interest Immunity; and

2. Privacy.

The relevant background to WaterNSW and the nature of these claims of privilege are discussed in turn below.

1. WaterNSW

1.1 WaterNSW was established in 2014 under the Water NSW Act 2014 (NSW) (Water NSW Act) as the State's bulk water services and infrastructure provider. WaterNSW's principal objectives include capturing, storing and releasing water in an efficient, effective, safe and financially responsible manner.' These objectives are achieved by carrying the following key activities:

"Source water protection: protect the Greater Sydney drinking water catchment to ensure safe water is supplied to Sydney Water, local councils and other distributors for treatment and distribution to their customers.

Bulk water supply: supply water from storages to customers in the Greater Sydney drinking water catchment and in the State's regulated surface water systems.

System operator: efficiently manage the State's surface and groundwater resources to maximise reliability for users through the operation of the state's river sys/ems and bulk water supply sys/ems, in collaboration with the Commonwealth Murray-Darling Basin Authority which directs operations of the River Murray system.

Infrastructure planning, delivery and operation: meet customer-defined levels of service, consistent with NSW Government policy and priorities, to increase the security and reliability of water supply to our customers and communities in NSW.

Customer water transaction and information services: provide efficient and timely services to our customers for water licensing and approvals, water trades

' Water NSW Act 2014 (NSW), section 6(1 ).

L\337445130.1 ~WaterNSW ~ .

and billing, and meet their water resource information needs for surface and groundwater quantity and quality. "2

1.2 WaterNSW relies on its extensive infrastructure portfolio to achieve its objectives and deliver water to the State of NSW. With more than 40 dams across the State, WaterNSW supplies two-thirds of water used in NSW to regional towns, irrigators, Sydney Water Corporation, environmental water holders and local water utilities. WaterNSW provides services daily to over 40,000 customers across NSW and manages its extensive operational assets, water monitoring and metering networks to deliver water to the highest populated state in Australia.'

2. Public Interest Immunity (PII)

2.1 Each document in this category contains information, the disclosure of which would be contrary to the public interest. WaterNSW therefore asserts PII over this information. PII is a well-established common law principle that requires the balancing of conflicting interests to determine whether it would be "injurious to the public interest to disclose" the impugned material.4 The categories of PII are not closed and should be considered in the context of the circumstances.• In Parliamentary proceedings, a balance must be struck between the significance of the information to Parliament against the public harm that would flow from its public disclosure.' WaterNSW submits that the public interest in the disclosure of the information in the documents to the public at large does not outweigh the public interest in preserving the confidentiality of the information contained within the documents. PII is asserted on the basis that the disclosure of the sensitive information could:

(a) prejudice the proper functioning of Government including future WaterNSW competitive processes and is Commercial in Confidence; and

(b) prejudice the safety and security of public assets and individuals.

Each category of Pl I is addressed in turn below.

Pl/ - Prejudice the proper functioning of Government including future WaterNSW competitive processes and Commercial in Confidence

2.2 According to the New South Wales Legislative Council Practice, "the proper basis for claims of commercial-in-confidence information is not that there may be a commercially confidential dealing, but that the disclosure of the matter is likely to cause damage to the commercial activity". 1

2.3 Should the confidential information in the documents subject to the privilege claim (including those referred to below) be disclosed, it would reveal information that would adversely impact the commercial interests of WaterNSW by pre-empting market responses and impacting WaterNSW's ability to operate effectively in the market. In turn, this would impede the ability of WaterNSW to achieve its objectives and perform the functions required of it under the Water NSW Act. Such adverse impacts include damaging the capacity of WaterNSW to operate at

2 WaterNSW, Annual Report 2018-2019 https://www.waternsw.com .aul_ datalassetslpdf_filel00141152060/WaterNSW-Annual-Report-2018-19.pdf, page 8 (accessed on 9 October 2020). 'The State of NSW has the highest population of any State in Australia, with 7.95 million residents, as of March 2018. NSW Government, Key Facts about NSW (accessed on 9 October 2020). • Sankeyv Whit/am (1978) 142 CLR 1, 37. ' Per Lord Hailsham in D v National Society for the Prevention of Cruelty to Children [1978] AC 171 at 230, as cited in Sankey v Whit/am (1978) 142 CLR 1, at 60. 6 Egan v Chadwick (1999) 46 NSWLR 568, per Spigelman CJ at 574. 'Lynn Lovelock and John Evens (2008) 'Chapter 18: The Inquiry Power', New South Wales Legislative Council Practice, p 512; citing Lynch A, Commercial in Confidence Claims: The Mantra of the Nineties, Paper presented at the 28th Conference of Presiding Officers and Clerks, Nauru, July 1997.

L\337445130.1 2 ~WaterNSW ~ least as efficiently as any comparable business and to maximise the net worth of the State's investment in Water NSW. These concerns are addressed in turn below.

2.4 WaterNSW is a State Owned Corporation (SOC).' Section 6 of the Water NSW Act establishes the objectives of WaterNSW, which include to: "be a successful business and to ... operate at least as efficiently as any comparable business and to maximise the net worth of the State's investment in Water NSW'.'

2.5 Included in the PII claim is a document (namely, WAT.GAMP.001.017) that contains commercially sensitive information that allows WaterNSW to compete in the market as a successful business. The document contains estimates and proposed costings for WaterNSW water infrastructure assets. This information is particularly sensitive as it includes details of third party pricing methodologies, assumptions and cosUbenefit analysis of a variety of maintenance and restorative options for the infrastructure assets. Amongst other harms, the publication of costings and estimates could pre-empt the market response, thereby prejudicing WaterNSW's (and effectively Government's) ability to "test the market" and to obtain economic benefits through the competitive process. It is therefore critical to ensure that a competitive process results in best value for WaterNSW, the NSW Government and the people of NSW.

2.6 Additionally, document WAT.GAMP.001.016 contains information which has been provided to WaterNSW in confidence in relation to stakeholders' commercial arrangements with WaterNSW. The document in turn records assumptions made, and scenarios considered, by WaterNSW based on that information. The publication of the information could damage the commercial interests of the third party as well as impacting WaterNSW's ability to operate effectively in the market.

Pl/ - Prejudice to the safety and security of public assets and individuals

2.7 Commonwealth and State Governments identify water infrastructure as critical infrastructure on the basis that it provides access to an essential human need. Disruption to critical water infrastructure: "could have serious implications for business, governments and the community, impacting supply security and service continuity."" In particular, "NSW infrastructure needs to withstand the shocks of natural, technological, and malicious hazards to continue operating, be returned to service as soon as possible after any service disruption, and address long-term stresses such as climate change and population growth.""

2.8 Protecting critical infrastructure from the threat of terrorism is necessary to ensure the safety of the community and the continuity of businesses. The enduring threat of terrorism is one of many hazards with which WaterNSW, as a critical infrastructure owner and operator, contends. The ability for terrorists to adapt their behaviour to changes in the security landscape means that the threat of terrorism is fundamentally different from other hazards.

2.9 Commonwealth and State governments work extensively to protect the security and resilience of critical infrastructure from increasingly complex state and national security risks of sabotage, espionage and coercion.

2.10 At the Commonwealth level, the Government facilitates cooperation and collaboration between all levels of government, regulators, owners and operators of critical infrastructure to identify and manage risks pursuant to the Security of Critical Infrastructure Act 2018 (Cth) (SoCI Act). The SoCI Act applies to approximately 165 assets in the electricity, gas, water and port sectors in Australia. Further, the National Guidelines for Protecting Critical Infrastructure from

'State Owned Corporations Act 1989 (NSW), sections 3, 20A, Schedule 5. ' Water NSW Act 2014 (NSW), section 6(2). "Australian Government, Critical Infrastructure Centre - Frequently Asked Questions, (accessed 9 October 2020). " NSW Department of Justice, Office of Emergency Management, NSW Critical Infrastructure Resilience Strategy - Partner, Prepare, Provide, (accessed 9 October 2020).

L\337445130.1 3 ~WaterNSW ~ Terrorism emphasises the importance of maintaining interdependent assets, including water infrastructure, highlighting the need for increased risk management across a range of classes of critica·1 infrastructure.

2.11 At the State level, the NSW Critical Infrastructure Resilience Strategy provides the framework to support State-wide collaboration to prepare for incidents that may cause service disruption and to provide reliable and essential services to NSW by protecting its critical infrastructure. Further, the NSW Counter Terrorism and Special Tactics Command of NSW Police is responsible for "the delivery of counter terrorism specific protective security strategies through the Critical Infrastructure Protection Unit.""

2.12 WaterNSW consults with both State and Commonwealth security agencies to ensure the highest level of protection for its critical infrastructure.

2.13 WaterNSW asserts that it is in the public interest not to disclose the information contained in the 22 documents comprising its return to the Resolution. The public release of the Strategic Asset Management Plan, the Asset Class Strategies or the Asset Register would expose asset risks. and vulnerabilities to the public at large. Such information may be exploited to cause harm and damage to critical infrastructure and to the NSW community.

2.14 In particular, documents responsive to category (b) identify risks and consequences of failed assets, which may be exploited to cause harm and detriment to the WaterNSW asset portfolio. Failure of one or more ofWaterNSW's assets could compromise the supply of water in NSW. The release of such information would be contrary to efforts made by both Commonwealth and State Governments to protect and secure such information. This may lead to state and national security risks that can otherwise be avoided by the documents being provided only to members of the Upper House on a privileged basis.

2.15 Documents held by WaterNSW which are relevant to the Resolution include documents containing information relating to security assets, arrangements and security management of WaterNSW's assets. This includes specific information about security software, devices and particular equipment parts used in WaterNSW's infrastructure assets and information about WaterNSW's digital assets and digital infrastructure.

2.16 Publication of this information may enable "threat actors" to identify, exploit or target WaterNSW's infrastructure or digital assets. The disclosure of the confidential information may enable motivated individuals or groups to specifically, target and exploit the security arrangements (including vulnerabilities) of critical water infrastructure assets. WaterNSW's assets (particularly water supply infrastructure) are critical to the safety and security of the people and economy of NSW. Disclosure of this information would significantly undermine the purpose of the security arrangements to protect public safety and assets. It would undermine and diminish the value of the substantial public resources that have been invested in those security arrangements and the public safety and assets that they are designed to protect. If the safety and security of WaterNSW assets were to be compromised, it would have far reaching and potentially catastrophic effects. Accordingly, WaterNSW asserts that the public interest in keeping this information confidential far outweighs any interests in its disclosure.

2.17 WaterNSW also asserts Pl! over paragraphs 2.18 to 2.23 of these privilege submissions. Further details of the contents of specific documents as they relate to the claim for privilege can be provided upon request. Publishing this part of the submission may have the effect of motivating individuals or groups in the community to seek out the documents identified below for nefarious purposes.

12 NSW Police Force, Counter Terrorism and Special Tactics, (accessed 9 October 2020).

L\337445130.1 4 2.18 In the paragraphs that follow, we describe a number of documents that contain examples of the types of information that, if disclosed, may cause prejudice to the safety and security of public assets and individuals (including but not limited to WaterNSW's asset portfolio).

2.19 Document WAT.GAMP.001.021 contains information the publication of which may lead to a security risk for public assets. The document is WaterNSW's Asset Register containing details of every asset held byWaterNSW. This document:

(a) identifies particular security infrastructure used at particular WaterNSW assets; and

(b) identifies particular security software (including version details) used by WaterNSW.

2.20 Documents WAT.GAMP.001.009 and WAT.GAMP.001.017 also contains information, the disclosure of which may lead to security risks. In particular, publication of this document would reveal elements of safety manuals in relation to WaterNSW assets, including the layers of security built into assets to protect them and details of any assets (or parts thereof) which do not have such protections.

2.21 Documents WAT.GAMP.001.002 to WAT.GAMP.001.020 (inclusive) are Asset Class Strategies. This is a type of asset management plan that has been adopted by WaterNSW to manage the large number of assets it holds by allocating certain assets into "classes" (such as, for example, bridges, tunnels or pipelines) and managing the assets in each class under the same strategy rather than implementing separate management plans for each individual asset. If the security arrangements in relation to one asset in a class were to be disclosed it would jeopardise the safety and security of all assets in that class. Similarly, if it were to be known which assets were within a class, it would disclose the safety and security of all assets within that class.

2.22 The Asset Class Strategies set out information including (but not limited to) details in relation to the class of assets, the levels of service the asset class is required to provide, risk assessment and management information and whole of life strategies for asset class management. Importantly, some of the Asset Class Strategies contain detailed lists of each WaterNSW asset falling within the class including locations, descriptions and other details which can be linked to risk management information.

2.23 If published, the Asset Class Strategies (in conjunction with the Strategic Asset Management Plan and Asset Registers, documents WAT.GAMP.001.001, WAT.GAMP.001.021 and WAT.GAMP.001.022, respectively), could be used (and exploited) to identify information which could be used for purposes against the public interest including:

(a) to predict maintenance schedules for specific assets;

(b) to identify vulnerabilities or risks in WaterNSW's business and/or asset management systems;

(c) to identify vulnerabilities or risks in relation to particular assets or classes of assets;

(d) information about the impacts that particular risks, if they eventuate, could have on WaterNSW, its customer and other stakeholders;

(e) whether spare parts are maintained for critical or non-critical assets; and

(f) details about safety or protective mechanisms used in WaterNSW's assets.

3. Privacy

3.1 It is submitted that a document identified and indexed as privileged contains personal information and that the public interest in the non-disclosure of that information outweighs the interest in its disclosure. In support of this claim, it is submitted that such information would ordinarily be protected from public disclosure under common law or pursuant to the Government Information (Public Access) Act 2009 (NSW) (GIPA Act) or the Privacy and

L1337 445130.1 5 fhWaterNSW ~

Personal Information Protection Act 1998 (NSW). The Hon Keith Mason AC QC, Independent Arbiter, made comments in relation to the application of the GIPA Act to calls for papers in the Report on the WestConnex Business Case (8 August 2014, pp 13-14). The reference to the GIPA Act in this submission is to provide comparative guidance as to how personal information is protected from the public at large in other circumstances.

3.2 The Hon. Mr Keith Mason AO QC has stated that the Upper House has undoubted power to take additional measures to prevent disclosure of confidential information where it is not in the public interest to do so."

3.3 Personal information in this category includes, but is not limited to:

(a) names;

(b) contact details (for example, personal addresses);

( c) identifying details of vehicles utilised by WaterNSW employees; and/or

(d) identifying details (including folio and lot identifiers) of the private owners of land over which WaterNSW has easements.

3.4 Examples of the kinds of documents within this category are addressed below.

3.5 Document WAT.GAMP.001.021 contains details of vehicles (including make, model and registration number) and the individual WaterNSW employees to whom the vehicles are allocated. While the vehicles are assets of WaterNSW and are to be used for work purposes, it is possible that the identification of the vehicles, along with their current allocated users, could result in further personal information about the employee being discovered. For example, the fact that a specific WaterNSW vehicle, linked to a particular employee, is parked at a private residence may reveal the residential address of that employee.

3.6 Documents WAT.GAMP.001.021 and WAT.GAMP.001.022 both contain identifying details, including folio and lot identifiers of the private owners of land over which WaterNSW has easements. Members of the public who have entered into agreements with WaterNSW to allow access via easements to particular locations may not have done so on the assumption that their personal names would be published to the public at large with the details of the easements.

4. Opportunity to make further submissions

4.1 In the limited time available, WaterNSW has attempted to specifically identify each document containing privileged information in the index. However, it is possible that not all privileged information has been identified. For example, further privileged information may be identified from WAT.GAMP.001.021, as this is over 2,200 pages in length and may contain additional privileged information which has not been identified in the limited timeframe available to comply with the Resolution. WaterNSW reserves its rights to make further assertions of privilege.

4.2 Given the strategic sensitivity of the documents and the short time for compliance with the Resolution, WaterNSW requests the opportunity to make further detailed submissions in relation to the claims for privilege if any referral is made to an independent arbiter to consider the bases for any claims of privilege. Additionally, of such a referral or challenge to its claims of privilege, WaterNSW requests the opportunity to notify Commonwealth and State

" Mason, K, Report under Standing Order 52 on disputed claim of privilege; Sydney Stadiums ("Sydney Stadiums Report"), 22 May 2018; at pp. 2, 4.

L\337445130.1 6 ~"· WaterNSW ~ Government stakeholders to allow them to make submissions and/or to take all possible steps to limit the harm that may be caused by publication of the confidential information.

4.3 Additionally, the documents produced pursuant to the Resolution are produced under compulsion of law. WaterNSW does not waive any privilege in respect of any of the privileged documents by producing them in compliance with the Resolution.

L\337445130.1 7 DEPARTMENT OF PLANNING, INDUSTRY AND ENVIRONMENT CLUSTER RETURN

WATERNSW

ORDER FOR PAPERS -GOVERNMENT ASSET MANAGEMENT PLAN

PRIVILEGED

Part (a) a// Strategic Asset Management Plans (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely departments, executive agencies related to departments, and separate agencies; and all State owned corporations;

Document No. Document Date of Creation Author Privilege Claim No

WAT.GAMP.001.001 Strategic Asset Management Plan - Asset June 2020 WaterNSW Yes Management System Manual

1 DEPARTMENT OF PLANNING, INDUSTRY AND ENVIRONMENT CLUSTER RETURN

WATERNSW

ORDER FOR PAPERS-GOVERNMENT ASSET MANAGEMENT PLAN

PRIVILEGED

Part {b) the Asset Management Plans (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namelydepartments, executive agencies related to departments, and separate agencies, and all State owned corporations;

Document No. Document Date of Creation Author Privilege Claim

WAT.GAMP.001.002 WaterNSW Asset Class Strategy - Land July 2019 WaterNSW Yes WAT.GAMP.001.003 WaterNSW Asset Class Strategy - High Voltage 14 July 2020 WaterNSW Yes Distribution Switchgear & Associated Cables WAT.GAMP.001.004 WaterNSW Asset Class Strategy - Retaining Walls 27 May2020 WaterNSW Yes WAT.GAMP.001.005 WaterNSW Asset Class Strategy - Roads 27 May2020 WaterNSW Yes WAT.GAMP.001.006 WaterNSW Asset Class Strategy - Unregulated Weirs 27 May2020 WaterNSW Yes WAT.GAMP.001.007 WaterNSW Asset Class Strategy - Tunnels 27 May 2020 WaterNSW Yes WAT.GAMP.001.008 WaterNSW Asset Class Strategy - Bridges 27 May 2020 WaterNSW Yes WAT.GAMP.001.009 WaterNSW Dam Safety Management System Manual 14 August 2020 WaterNSW Yes WAT.GAMP.001.010 WaterNSW Asset Class Strategy - Fishways 6 March 2020 WaterNSW Yes WAT.GAMP.001.011 WaterNSW Asset Class Strategy - End of Line Control 6 March 2020 WaterNSW Yes Valves {ELCV) WAT.GAMP.001.012 WaterNSW Asset Class Strategy - Major Water Supply 6 March 2020 WaterNSW Yes Pipelines WAT.GAMP.001.013 WaterNSW Asset Class Strategy - Upper Canal 6 March 2020 WaterNSW Yes WAT.GAMP.001.014 WaterNSW Asset Class Strategy - High Voltage Power 6 March 2020 WaterNSW Yes Transformers

2 DEPARTMENT OF PLANNING, INDUSTRY AND ENVIRONMENT CLUSTER RETURN

WATERNSW

ORDER FOR PAPERS -GOVERNMENT ASSET MANAGEMENT PLAN

PRIVILEGED

Document No. Document Date of Creation Author Privilege Claim

WAT.GAMP.001.015 WaterNSW Asset Class Strategy - Canals, Channels 11 September 2019 WaterNSW Yes and Cuttings WAT.GAMP.001.016 WaterNSW Asset Class Strategy - Fish River Supply 9 September 2019 WaterNSW Yes System Pipeline and Accessories WAT.GAMP.001.017 Warragamba Pipelines and Corridor Master Plan 13 September 2019 COVARIS Yes WAT.GAMP.001.018 WaterNSW Asset Class Strategy - Valves (Isolation, 4 June 2020 WaterNSW Yes Non-Return, Relief, In-Line Control) and Pressure Regulators WAT.GAMP.001.019 WaterNSW Asset Class Strategy - High Voltage 19 August 2020 WaterNSW Yes Variable Speed Drives & Motors WAT.GAMP.001.020 WaterNSW Asset Class Standard - Greater Sydney 20 December 2016 WaterNSW Yes Hydrometric Assets WAT.GAMP.002.020 W2BH O&M - Asset Management Plan 24 March 2020 John Yes Holland Trility

3 DEPARTMENT OF PLANNING, INDUSTRY AND ENVIRONMENT CLUSTER RETURN

WATERNSW

ORDER FOR PAPERS-GOVERNMENT ASSET MANAGEMENT PLAN

PRIVILEGED

Part (c) the Asset Register (however described) of, or applicable to, public service agencies (excluding the Transport cluster) as set out in Schedule 1 of the Government Sector Employment Act 2013, namely departments, executive agencies related to departments, and separate agencies; and all State owned corporations; and

Document No. Document Date of Creation Author Privilege Claim No

WAT.GAMP.001.021 WaterNSW Asset Register - Fixed Asset Balances Current as at WaterNSW Yes 6 October 2020 WAT.GAMP.001.022 WaterNSW Infrastructure Ply Ltd Asset Register - Current as at WaterNSW Yes Fixed Asset Balances (INBH) 7 October 2020

Part (d) any legal or other advice regarding the scope or validity of this order of the House created as a result of this order of the House.

There are no documents for the order

•••

4 SUBMISSION IN SUPPORT OF CLAIM FOR CONFIDENTIALITY AND PRIVILEGE BY THE DEPARTMENT OF COMMUNITIESANDJUSTICE ORDER FOR PAPERS -STANDING ORDER 52 -GOVERNMENT ASSET MANAGEMENT PLANS- 23 SEPTMEBER 2020

In accordance with the terms of the resolution agreed to by the Legislative Council on 23 September 2020, and the terms of Standing Order 52, documents have been identified for production by the Stronger Communities Cluster and the potential application of privilege to those documents has been considered. This submission has been prepared in support of the claims for privilege made by the Department of Communities and Justice and on behalfofthe Cluster agencies in accordance with the Order.

It is to be noted that these claims for privilege are not raised as a basis to resist production of documents that are within scope of the resolution. Rather, these claims are made, pursuant to Standing Order 52(5), to identify those documents oilerwhich privilege maybe claimed, in orderto allow the Legislative Council to considerthe claims and in support ofan application that it is in the public interest that the documents should not be made publicly available.

Publicinterestimmunitystenimingfrom security risks to public assets

Document 1 is the Department of Communities and Justice Fixed Asset Register prepared by the Department of Communities and Justice, Document2 is the Corrective Services NSW Fixed Asset Register, prepared by Corrective Services NSWand Document3 is the NSWCrime Commission Fixed Asset Register, prepared by the NSWCrime Commission, Document36 is the Department of Family and Community Services Fixed Asset Register and Document 37 is the Ageing Disability and Home Care Fixed Asset Register, prepared by the NSW Department of Communities and Justice.

The specific line items marked for redaction in Document 1, 2 and 3 contain information relating to security, whether physical or digital, that include specific and detailed information about the model and type of equipment or mechanism used by the NSW Crime Commission, Corrective Services NSW and the Department of Communities and Justice to monitor, identify and prevent security risks from eventuating.

The cl<1im of privilege over documents in this category are made in relation to information which could enable individuals to conduct targeted reconnaissance so as to direct their efforts towards infrastructure or digital systems to circumvent the security measures in place with a higher rate of success than would otherwise be expected, given the specificity of the of the information in Document 1, 2 and 3.

Unauthorised access to Justice, Corrective Services NSW, and the NSW Crime Commission assets may result in significant public harm arising from identification of security equipment and issues, the increased likelihood of escape from custody, the smuggling of contraband into the corrections environment and an impact on the effectiveness of identifying criminal conduct where systems used for covert information gathering is available in the public domain. In alignment with the Protective Security Policy Framework access to operationally sensitive information and capabilities which require appropriate security clearance at a NV1 (Secret) clearance level and above, contained in Document3 has been removed. On behalf of Justice, Corrective Services NSW, and the NSWCrime Commission claim of part­ privilege is made over portions of those documents and redactions have been made to those parts of the documents which contain listings of asset part/model numbers. The redactions have been highlighted in the relevant documents to indicate the specific cells to which redactions have been applied.

Personal inform

It is submitted that certain of the documents identified and indexed as privileged contain personal information and that the public interest in the non-disclosure of that information outweighs the interest in its disclosure.

In support of this claim, it is submitted that such information would ordinarily be protected from public disclosure under common law or pursuant to the Government Information {PublicAccess)Act 2009 (the G IPA Act) or the Privacy and Personal Information Protection Act 1998.

The Hon. Mr Keith Mason AO QC has noted that the House has undoubted power to take additional measures to prevent disclosure of confidential information where that is not in the public interest. 1 The arbiter has also, on several occasions, endorsed the agreement of members, who had initially disputed a claim of privilege, that certain personal "private" information be redacted, avoiding the need for the arbiter to resolve such disputes. 2 The arbiter has noted, amongst other matters, that members will always have access to un-redactedversions of the documents and the capacity to access such information if it is really needed 3

With regard to the above considerations, the Department has redacted from certain documents (Document36 and Document37) personal information which might cause the identity of an individual to be ascertainable and other identifying information. This includes names and contact information (including addresses, email addresses and phone numbers) and other identifying information. This is particularly relevant in relation to the redactions made to the addresses of · Group Homes, Respite Homes and Day Programs which are the residential addresses of vulnerable individuals. Release of this information would pose a safety and security risk to these individuals.

The Department of Communities and Justice notes that a redacted version of document 36 and 37 containing personal information (redacted to exclude the information identified as personal information) has been produced in the non privileged bundle. As no further privilege claim has been made in relation to these documents otherthan in relation to personal information this has been included in the non-privileged box.

Commercial in confidence.

It is submitted that certain of the documents identified and indexed as privileged contain information in relation to the commercial interests of the State, and that the public interest in their non-disclosure outweighs the interest in their disclosure.

1 Mason, K, Report under Standing Order 52 on disputed claim of privilege; Sydney Stadiums ("Sydney Stadiums Report"), 22 May 2018; at pp. 2, 4. 2 Sydney Stadiums Report at p.10; Mason, K., Report under Standing Order 52 on disputed claims of privilege, Greyhound Welfare, 14 February 2017 ("Greyhounds R~port"), at p. 10. lt is, of course, necessary that each instance should be examined on its merits, and it is not suggested the circumstances in those matters are equivalent to the current matter. 3 Sydney Stadiums Report at p. 1 In support of this claim, it is submitted that such information would ordinarily be protected from public disclosure underthe common law or the GI PA Act.

"T:he specific line items marked with redactions in Document 1, Document38 and Document39 should be considered privileged as their disclosure would prejudice the commercial interests of the entities that are the subjects of those document. The nature of the documents include significant internal financial information which would jeopardise the financial interests of the Department of Communities and Justice.

The redacted line items are" Assets for Sale' which are identified as Assets to be held for sale. A · decision in relation to the sale of the identified assets has not yet been made. However, the likely prejudice caused by disclosure is considered to outweigh the public interest in disclosure of these specific line items.

In addition, the premature release of the specific list of assets identified for sale with their estimated commercial value would undermine the commercial advantage otherwise available to the Department6fCommunitiesandJustice in a competitive process.

Similarly, Document 38 and 39 contain commercially sensitive information which if released prematurely will place the Department at a significant commercial disadvantage. Whilst no decision has been made in relation to the assets listed in Document38 and Document 39, the release of information contained in Document38 and 39 will impact the Department's commercial interests at the time of such a decision.

Opportunity to make furthersubmissions

Justice, Corrective Services NSW, and the NSWCrime Commission has had to retrieve, review and produce a significant volume of information within an extremely limited time frame.

Given the volume of each of the documents and the time for compliance with the Order, the Department of Communities and Justice has used its best endeavours to redact the relevant parts which are the subject of a privilege claim in terms of public interestimmunitystemmingfrom a risk to the security of infrastructure or digital systems and the commercial in confidence information.

The Department of Communities and Justice requests the opportunity to make furthersubmissi.ons in relation to the claims for privilege if any referral is made to an independent arbiterto consider the bases for any claims of privilege. Stronger Communities

ORDER FOR PAPERS- SO 52 Government Asset Management Plan

PRIVILEGED DOCUMENTS (a) Strategic Asset Management Plan (bl Asset Management Plans ( c) Asset Register

Category Document Document Date of Creation Author Privilege No. Claim Y/N? (c) 1 DJ Fixed Asset As at 30 September NSW Department of Communities and Justice Y - Partial Reqister 2020 (c) 2 CSNSWFixed As at 30 September NSW Department of Communities and Justice Y - Partial Asset Reaister 2020 (c) 3 NSWCCFixed As at 30 September NSW Crime Commission - NV1 (Secret) and above Y - Partial Asset Register 2020 security requirements are applicable to redacted information. This document has not been provided in unredacted form. (c) 38 Justice Asset 1 July 2017 NSW Department of Justice Y- Partial Strateav 2017-27 (c) 39 FAGS Total Asset 22 December2016 NSW Department of Family and Community Services Y - Partial Management 2017- 27

NON- PRIVILEGED PRIVILEGED Box Number Document Number Box Number I Document Number 1 1,2,3 1 I 1,2, 38, 39 2 4- 30 3,4,5,6,7 31 8 32-47 SUBMISSION IN SUPPORT OF CLAIM FOR CONFIDENTIALITY AND PRIVILEGE BY THE DEPARTMENT OF EDUCATION ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS 23 SEPTEMBER 2020

In accordance with the terms of the resolution agreed to by the Legislative Council on 23 September 2020, and the terms of Standing Order 52, documents have been identified for production by the Department of Education and the potential application of privilege to those documents has been considered. This submission has been prepared in support of the claims for privilege made by the Department.

It is to be noted that these claims for privilege are not raised as a basis to resist production of documents that are within scope of the resolution. Rather, these claims are made, pursuant to Standing Order 52(5), to identify those documents over which privilege may be claimed, in order to allow the Legislative Council to consider the claims and in support of an application that it is in the public interest that the documents should not be made publicly available.

Commercial in confidence

It is submitted that the documents identified and indexed as privileged contain information in relation to the commercial interests of third parties and the State, and that the public interest in their non-disclosure outweighs the interest in their disclosure. In support of this claim, it is submitted that such information would ordinarily be protected from public disclosure under the common lawortheGIPAAct.

Documents marked privileged in the index should be considered privileged as their disclosure would prejudice the commercial interests of third parties and the State. The nature of the documents include proposed emerging major works, infrastructure projects and future funding.

The projects and costs identified in these documents reflect initial estimated total costs for the projects. They are estimates that do not at this point have endorsed business cases or approvals. To release this information publicly would provide tenderers within an insight into anticipated values which could result in higher tenders being submitted.

The likely prejudice caused by disclosure is considered to outweigh the public interest in disclosure of the documents.

Release could have a very significant adverse effect ongoing tender process for years to come. These documents were submitted prior to the Covid-19 pandemic. Given the current economic climate has changed since this time there is a strong possibility that the capital program will need to be reset to accommodate shifts in student enrolments from the non-government sector. These are unknowns that will impact the Department's prioritisation process.

Yours sincerely Digitally signed by Sarah Hargans Date: 2020.10.12 13:17:59 +11 '00' Sarah Hargans Chief Legal Officer Department of Education Department of Education Order for Papers - Government Asset Management Plans I PRIVILEGED DOCUMENTS I i Document/TAB Privilege Claim No Description Document Date of Creation Author Y/N all Strategic Asset Management Plans (however described) of, or applicable to, public service agencies (excluding the Capital Investment Plan -Scheduling comprising the Transport cluster) as set out in Schedule 1 of Department1s existing funded works and proposed (a)(i) 2 the Government Sector Employment Act 1-Nov-19 Department of Education y emerging major and minor projects and programs for 2013, namely departments, executive 2020/21. Costs are indicative. agencies related to departments, and separate agencies; and all State owned CLAYTON UTZ

INFRASTRUCTURE NSW

ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS

ATTACHMENT- BASIS OF CLAIMS FOR PRIVILEGE

This submission is confidential and, due to its contents, is not for publication

On 23 September 2020, the Legislative Council passed a resolution under Standing Order 52 calling for papers to be produced by Infrastructure NSW in relation to Government Asset Management Plans (Resolution). This submission sets out the basis for the claim for privilege made on behalf of Infrastructure NSW in respect of documents produced in response to the Resolution. Claims of privilege are made on the basis of:

1. Public Interest Immunity; and

2. Privacy.

The nature of these claims of privilege are discussed in turn below. On the basis that this submission may be published on the NSW Parliament website (despite our request above that it not be published, the content is high-level to avoid inadvertently waiving privilege and disclosing the confidential information. In the event that there is a dispute to the claim for privilege, Infrastructure NSW welcomes the opportunity to provide detailed submissions to the Independent Arbiter addressing the claim with specific detail.

1. Public Interest Immunity (PII)

1.1 Each document in this category contains information, the disclosure of which would be contrary to the public interest. Infrastructure NSW therefore asserts PII over this information. PII is a well­ established common law principle that requires the balancing of conflicting interests to determine whether it would be "injurious to the public interest to disclose" the impugned material.1 The categories of PII are not closed and should be considered in the context of the circumstances.' In Parliamentary proceedings, a balance must be struck between the significance of the information to Parliament against the public harm that would flow from its public disclosure.' Infrastructure NSW submits that the public interest in the disclosure of the information in the documents to the public at large does not outweigh the public interest in preserving the confidentiality of the information contained within the documents. PII is asserted on the basis that the disclosure of the sensitive information could prejudice the safety and security of public assets and individuals. Consequently, prejudice to the safety and security of public assets and individuals. would necessarily have a deleterious impact on the proper functioning of Infrastructure NSW.

1.2 Documents held by Infrastructure NSW which are relevant to the Resolution include documents containing information relating to IT assets, the models of the assets and the location(s). This includes specific information about Infrastructure NSW's digital infrastructure such as network usernames and codes associated with named Infrastructure NSW staff members.

1.3 If the information .over which privilege is claimed was disclosed, it could allow the cyber security of the IT assets and digital infrastructure of Infrastructure NSW and individual Infrastructure NSW staff members to be compromised (including the sensitive information they contain). Publication of this information may enable "threat actors" to identify, exploit or target Infrastructure NSW's IT assets and digital infrastructure. The information over which privilege is claimed reveals information that could be utilised for the purposes of a cyber attack. Accordingly, Infrastructure NSW asserts that the public interest in keeping this information confidential far outweighs any interests in its disclosure.

1 Sankey v Whit/am (1978) 142 CLR 1, 37. 2 Per Lord Hailsham in D v National Society for the Prevention of Cruelty to Children [1978] AC 171 at 230, as cited in Sankey v Whit/am (1978) 142 CLR 1, at 60. 'Egan v Chadwick (1999) 46 NSWLR 568, per Spigelman CJ at 574. L\337396068.9 CLAYTON UTZ

2. Privacy

2.1 It is submitted that a document identified and indexed as privileged contains personal information and that the public interest in the non-disclosure of that information outweighs the interest in its disclosure. In support of thi.s claim, it is submitted that such information would ordinarily be protected from public disclosure under common law, or under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act) or the Privacy and Personal Information Protection Act 1998 (NSW). The Hon Keith Mason AC QC, Independent Arbiter, made comments in relation to the application of the GJPA Act to calls for papers in the Report on the WestConnex Business Case (8 August 2014, pp 13- 14). The reference to the GIPA Act in this submission is to provide comparative guidance as to how personal information is protected from the public at large in other circumstances.

2.2 The Hon. Keith Mason AO QC has also stated that the Upper House has undoubted power to take additional measures to prevent disclosure of confidential information where it is not in the public interest to do so. 4

2.3 Personal information over which privilege is claimed includes, but is not limited to:

(a) names; and

(b) telephone numbers and other identifying details (for example, mobile phone SIM numbers).

2.4 The information identified above is sufficient to allow the identification of individual Infrastructure NSW employees and connect them to particular assets (such as mobile phones). It is possible that access to this level of detail in relation to individual assets, could be used to assist in the access of the personal information of Infrastructure NSW employees.

2.5 Accordingly, Infrastructure NSW claims privilege on the basis of privacy in respect of the names and associated contact information contained in documents listed in the Index of Privileged Documents. Infrastructure NSW asserts that it is not in the public interest for such personal information to be publicly disclosed.

3. Opportunity to make further submissions

3.1 Infrastructure NSW has attempted to specifically identify each document containing privileged information in the Index. However, it is possible that not all documents have been identified. Infrastructure NSW reserves its rights to make further assertions of privilege.

3.2 Given the strategic sensitivity of the documents and the short time for compliance with the Resolution, Infrastructure NSW requests the opportunity to make further submissions in relation to the claims for privilege if any referral is made to an Independent Arbiter to consider tlie bases for any claims of privilege. Additionally, the documents produced pursuant to the Resolution are produced under compulsion of law. Infrastructure NSW does not waive any privilege in respect of any of the privileged documents by producing them in compliance with the Resolution.

4 Mason, K, Report under Standing Order 52 on disputed claim of privilege; Sydney Stadiums ("Sydney Stadiums Report"), 22 May 2018; at pp. 2, 4.

L\337396068.9 2 INFRASTRUCTURE NSW

ORDER FOR PAPERS - DOCUMENTS PREPARED BY INFRASTRUCTURE NSW

IN RELATION TO GOVERNMENT ASSETS

PRIVILEGED DOCUMENTS - ITEM (c)

'tjij'

Pll i INSW_BDA_UGDC ICT Mobile Register INSW.001.001.0003 I Item (c) Table 24i09i2020 Privacy

Pll i INSW ICT Asset Register INSW.001.001.0004 I Item (c) Table 06i10i2020 Privacy

Pll i UGDC ICT Asset Register INSW.001.001.0005 I Item (c) Table 16i04i2020 Privacy

Pll i INSW.001.001.0007 I Item (c) Table BDA ICT Asset Register 11i06i2020 Privacy

Page [ 1 SUBMISSION IN SUPPORT OF CLAIM FOR CONFIDENTIALITY AND PRIVILEGE BY DEPARTMENT OF PREMIER AND CABINET ORDER FOR PAPERS - GOVERNMENT ASSET MANAGEMENT PLANS - 23 SEPTEMBER 2020

In accordance with the terms of the resolution agreed to by the Legislative Council on 23 September 2020 and the terms of Standing Order 52, documents have been identified for production by the Department of Premier and Cabinet (DPC) and the potential application of privilege to those documents has been considered. This submission has been prepared in support of the claims for privilege made by DPC, specifically Sydney Living Museums.

It is to be noted that these claims for privilege are not raised as a basis to resist production of documents that are within scope of the resolution. Rather, these claims are made, pursuant to Standing Order 52(5), to identify those documents over which privilege may be claimed, in order to allow the Legislative Council to consider the claims and in support of an application that it is in the public interest that the documents should not be made publicly available.

It is submitted that the public disclosure of documents over which it has made a claim for privilege would be contrary to the public interest stemming from security risks to public assets and Sydney Living Museums Staff. For this reason, public interest immunity is asserted over this information. Public interest immunity is a well-established common law principle that requires the balancing of conflicting interests to determine whether it would be "injurious to the public interest to disclose" the impugned material.

In making a substantive claim for privilege, DPC recognises its obligation to produce these documents to the House. However, DPC also submits that it is contrary to the public interest for these documents to be made public, given the possible impact to Sydney Living Museums, its staff and the State of New South Wales.

Among other things, the Order calls for documents which relate to asset management. Asset management plans and draft asset management plans held by Sydney Living Museums, documents A3 to A14 of the DPC-State Archives and Records Authority of NSW & Sydney Living Museums, contain information regarding:

• the layout and arrangement of the museums owned by Sydney Living Museums, including the location of particularly valuable assets within those museums; and • descriptive pictures and descriptions of faults and defects of areas within the museums including security systems and areas that required management and maintenance.

Disclosure of this information is contrary to the public interest for the following reasons.

• First, the information contained in the documents could assist in identifying weaknesses in the security systems at Sydney Living Museum, which could be exploited to assist in defeating those systems. Coupled with information regarding the location of the most valuable assets in Sydney Living Museum's collection, this gives rise to clear security concerns and risk to valuable assets held by Sydney Living Museums and its staff.

• Secondly, while not determinative, the GIPA Act provides that there is a public interest consideration against disclosure of information if disclosure of the information could reasonably be expected to have one or more of the following effects (whether in a particular case or generally):

o endanger the security of, or prejudice any system or procedure for protecting, any place, property or vehicle,

o facilitate the commission of a criminal act.

The GIPA Act outlines some key public interest considerations, and, in the context of the asset management plans, these considerations weigh against disclosure.

In all of these cases, the public interest in disclosure is outweighed by the public interest in non­ disclosure.

As this sensitive information is woven throughout the documents at issue, in the time available DPC was not able to redact this sensitive information, and expects that if redactions were applied they would be to the majority of the content of the documents.

Finally, because these documents are dated from 2013, many of the faults and defects that they identify may have since been remedied. However, in the time available DPC has not been able to confirm which of the faults and defects that they identify have been remedied and therefore maintains a claim of privilege over all of the material. Department of Primer and Cabinet

ORDER FOR PAPERS - Government Asset Management Plan

PRIVILEGED DOCUMENTS

Document Document Date of Creation Author Privilege No. Claim Y/N? (a) 1 Hyde Park Barracks Site Asset 26/08/2013 Asset Technologies Pacific y Management Plan (a) 2 Rose Seidler House Asset 12/09/2013 Asset Technologies Pacific y Management Plan (a) 3 Elizabeth Farm Asset 23/09/2013 Asset Technologies Pacific y Management Plan (a) 4 Museum of Sydney Site Asset 14/11/2013 Asset Technologies Pacific y Management Plan (a) 5 The Mint Asset Management 23/09/2013 Asset Technologies Pacific y Plan (a) 6 Coining Factory Site Asset 25/11/2013 Asset Technologies Pacific y Management Plan (a) 7 Rouse Hill House & Farm Asset 15/10/2013 Asset Technologies Pacific y Management Plan (a) 8 Justice and Police Museum 14/11/2013 Asset Technologies Pacific y Asset Management Plan (a) 9 Meroogal Asset Management 19/11/2013 Asset Technologies Pacific y Plan (a) 10 Elizabeth Bay House Asset 23/10/2013 Asset Technologies Pacific y Management Plan (a) 11 Vaucluse House Asset 07/11/2013 Asset Technologies Pacific y Management Plan (a) 12 Strategic Asset Management 08/10/2013 Asset Technologies Pacific y Plan Portfolio Report