\ I iit) Premier NSW-- GOVERNMENT & Cabinet Ref: A4160183 Mr David Blunt Clerk of the Parliaments Legislative Council Parliament House Macquarie Street SYDNEY NSW 2000 Dear Mr Blunt Order for Papers - Ferry System Contract with Transdev I refer to the above resolution of the Legislative Council under Standing Order 52 made on 11 November 2020 and your correspondence of that date. I am now delivering to you documents referred to in that resolution. The documents have been obtained from: the Office of the Minister for Transport and Roads • Sydney Ferries. Enclosed at Annexure 1 are certification letters from the following officers certifying that, to the best of their knowledge, all documents held and covered by the terms of the resolution and lawfully required to be provided have been provided: • Chief of Staff, Office of the Minister for Transport and Roads • Acting Chief Executive, Sydney Ferries. Enclosed at Annexure 2 is an index 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 is an index of all privileged documents and a submission 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 co'ntact Ms Kate Boyd, General Counsel, on telephone (02) 9228 4393, Yours sincerely Tim Reardon Secretary 2 December 2020 52 Martin Place, Sydney NSW 2000 • GPO Box 5341, SYDNEY NSW 2001 Tel: (02) 9228 5555 • www.dpc.nsw.gov.au l\.,t.k Office of the Hon Andrew Constance MP I NSV\f Minister for Transport and Roads GOVERNMENT Mr Tim Reardon Secretary Department of Premier and Cabinet Level 14, 52 Martin Place SYDNEY NSW 2000 Dear Mr Reardon Standing Order 52 - Order for Papers - Sydney Ferries I refer to the resolution of the Legislative Council of 11 November 2020 under Standing Order 52 in relation to Sydney Ferries (Resolution). I certify to the best of my knowledge that all documents held by the Office of the Minister for Transport and Roads that are covered by the terms of the Resolution and are lawfully required to be provided have been provided. Set out in Annexure A to this letter is an index of those documents for which no claim of privilege is being asserted. Set out in Annexure B to this Jetter is an index of those documents over which the Office of the Minister for Transport and Roads is asserting a claim of privilege, together with details of the relevant claim of privilege. Stuart Wallace Chief of Staff Encl. GPO Box 5341 Sydney NSW 2001 • P: (02) 8574 5807 • F: (02) 9339 5512 • W: nsw.gov.au/ministerconstance Your ref: A4097248 Our Ref: 20/016272 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 - Ferry System Contract with Transdev I refer to the resolution of the Legislative Council of 11 November 2020 under Standing Order 52 concerning documents relating to the Ferry System Contract with Transdev and also Ms Boyd's letter to me dated 12 November 2020. · The Order requires the production of the following documents created since 1 January 2017 in the possession, custody or control of the Minister for Transport and Roads or Sydney Ferries relating to the Ferry System Contract with Transdev: (a) the 2019 Ferry System Contract, (b) all correspondence regarding the Fleet Deployment Plan, (c) all correspondence regarding the Lady Northcott, Lady Herron, Freshwater, Narrabeen, Collaroy, and Queenscliff ve$Sels, (d) all documents regarding refit and refurbishment work undertaken on Freshwater-class vessels, including work undertaken at Garden Island since 2017, and the business case for the program of works, and ( e) 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. The Order requires documents to be produced by Wednesday 2 December 2020. Enclosed in response to the Order are: • An index of non-privileged documents; • An index of documents over which a claim of privilege is made; and • Submissions in support of the claims of privilege 18 Lee Street, Chippendale NSW 2008 I PO Box K659, Haymarket NSW 1240 T 02 8202 2200 I F 02 8202 2209 Sydney Ferries' response to paragraph (a) of the Order Paragraph (a) of the Order requires the production of the 2019 Ferry System Contract. Sydney Ferries is not a party to that contract which is entered on behalf of the State of New South Wales by Transport for NSW. However a copy of the contract is held by staff who provide services to Sydney Ferries under a corporate services agreement with Transport for NSW and on that basis it is acknowledged that Sydney Ferries has a copy of the contract in its possession for the purposes of the Order. A public version of the Ferry System Contract as published on the Transport for NSW website in accordance with the Government Information (Public Access) Act 2009 is produced. The copy of the Ferry System Contract as in the possession of Sydney Ferries is also produced. A claim of privilege is made in respect of that document. Sydney Ferries' response to paragraphs (b) - (d) of the Order Paragraphs (b)- (d) of the Order require the production of correspondence and documents as described. I note in this regard that Sydney Ferries is the ferry asset owner but the ferries are .operated and maintained by the ferry system contractor at the time under a charter and its contract with Transport for NSW. As a result Sydney Ferries holds only a small number of documents within these categories including none in category (d). Claims of privilege are made in respect of some of the documents produced. Certification I certify, subject to the matters set out above and to the best of my knowledge, that all documents held by Sydney Ferries that are covered by the terms of the Order and lawfully required to be provided, have been provided. Yours sincerely Elizabeth Mildwater · Acting Chief Executive Annexure A Office of the Minister for Transport and Roads Standing Order 52 - Index of Non-Privileged Documents: Sydney Ferries All correspondence regarding the Fleet Deployment Plan \\j SYDNEY FERRIES ORDER FOR PAPERS - FERRY SYSTEM CONTRACT WITH TRANSDEV NON-PRIVILEGED DOCUMENTS (Category (a) - the 2019 Ferry System Contract) Document No. Document Date of Creation Author Privilege Claim Y/N? (a) 4 Ferry System Contract - (undated) Transport for NSW N Published version SYDNEY FERRIES ORDER FOR PAPERS - FERRY SYSTEM CONTRACT WITH TRANSDEV NON-PRIVILEGED DOCUMENTS (Category (c) - Correspondence regarding the Lady Northcott, Lady Herron, Freshwater, Narrabeen, Collaroy and Queenscliff vessels) Document No. Document Date of Creation Author Privilege Claim YIN? (c) 1 Sydney Ferries - Valuation of 29.03.2018 Aon Valuation Services N the Sydney Ferries Fleet for Accounting and Insurance purposes (c) 2 Briefing: Lady Class Vessels 03.09.2018 Sydney Ferries N Insurance Costs (IS18/06691) (Redacted version) (c) 3 Briefing: Disposal of two Lady 09.05.2019 Sydney Ferries N Class vessels in the Sydney Fleet /BN18/01020) /Redacted version) (c) 4 Briefing: Background to funding 06.01.2020 Sydney Ferries N of Lady Cat (sic) and SuperCat Class ferries (GSD20/00010) (Redacted version) Document No. Document Date of Creation Author Privilege Claim Y/N? (c) 6 Briefing: Extension of Survey on 31.03.2020 Sydney Ferries N MV Freshwater with: Attachment A - Letter to Lloyd's Register requesting for survey Extension for the MV Freshwater (also copy of letter as signed) Annexure B Office of the Minister for Transport and Roads Standing Order 52 - Index of Privileged Documents: Sydney Ferries All correspondence regarding Yes - commercial in the Lady Northcott, Lady confidence privilege Herron, Freshwater, Narrabeen, Collaroy, and Queenscliff See claim below vessels \J\1 Commercially Sensitive Privilege Claim In accordance with the terms of the resolution agreed to by the Legislative Council on 11 November 2020, and the terms of Standing Order 52, documents have been identified for production by the Office of the Minister for Transport and Roads 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 Office of the Minister for Transport and Roads in relation to Document 1 of Annexure B. It is to be noted that these claims for privilege are not raised as a basis to resist production of the documents that are within scope of the Resolution. Rather, these claims are made, pursuant to Standing Order 52(5), 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 document identified in the enclosed index contains information in relation to the commercial interests of the State (including Transport for NSW), and that the public interest in its non-disclosure 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 the common law or the Government Information (Public Access) Act.