The audit found that the process for the lease and development of the Showground site commenced on the basis that no Government moneys would be provided and no theme park activities would be allowed. However despite this a State Government subsidy of between $84.8m and $106.8m (in net present value terms) is to be provided for the development and the area of the Showground to be leased to Fox was extended to comprise 24.3 hectares of the 28.8 hectare site to allow Fox also to develop a family entertainment park.

The audit also found that the process commenced under the former Government were intended to ensure that no one party was placed above another however, the actual processes employed up to the General Election in March 1995 were so flawed as not to be relied upon to select a preferred proponent or to justify dispensing with a tender process.

Parliamentary reference - Report number #44 - released 8 December 1997

Following a resolution of the Legislative Council, the Audit Office has undertaken a performance audit of the Eastern Distributor. For a number of reasons, The Audit Office is not in the position to determine “whether the proposed toll and concession period represents the best deal”. In part this is the result of time constraints which do not allow a careful analysis of many toll and concession options. Similarly, the audit does not answer “whether the current proposal represents the best environmental outcome”. But each of these issues (toll and concession and environmental consequences) is discussed in the audit report.

The Audit Office recommends that the Roads and Traffic Authority (RTA), for any further major project of this type, ensures that it establishes a process which allows all decision makers to have a thorough understanding of the reasonableness of the proponents’ offers and their implications for the State and for the public. The Audit Office also recommends that the RTA should at the outset consult with TCorp in respect of each major project put to tender.

Parliamentary reference - Report number #42 - released 31 July 1997

The Audit Office considers that having regard to the audit findings and the recommendations by the Parliamentary Committee of Public Accounts in Queensland, the Governments should review the arrangements relating to the administration of solicitors’ clients’ monies in New South Wales. The Audit Office considers that such a review should examine particularly the separation of the Law Society’ role as an administrator of funds not invested on clients’ behalf from that of representing the legal profession.

Parliamentary reference - Report number #41 - released 30 June 1997

The audit reviewed policies and practices in large government and non-government residential centres to determine if policies and practices protected the human and legal rights, safety and dignity of residents.

The report indicates that practices in both government and non-government centres fail to protect adequately the human and legal rights, safety and dignity of residents. Factors contributing to this situation are the absence of minimum criteria for the protection of residents’ human and legal rights, safety and dignity, inadequate policies to direct service delivery, the absence of staff training to reinforce practices, low levels of supervision and the absence of effective monitoring systems to trigger a response to service deficiencies. Even where policies have been developed to guide practices, the nature of institutional care (the environment renders some policies ineffective), inadequate implementation, inadequate monitoring of practices and lack of compliance results in the centre’s failure to protect people living there.

Parliamentary reference - Report number #40 - released 26 June 1997

Volume One: Corporate Governance in Principle, considers relations between the Government and boards, and the extent to which boards add value. Various public sector governance models are examined, including those currently operating within NSW and those from five other jurisdictions.

It found the role of boards should be clearly defined, and specific criteria developed, so that boards can be clearly classified as either governing or advisory. Legislation should be reviewed targeting priority areas and policies developed to clarify and strengthen the respective role and functions for governing and advisory boards.

Governance models, legislation, policies and practices should be based on principles of simplicity, clarity and consistency in approach; provide boards with sufficient and clearly defined powers and authority for them to carry out their statutory role and there should be a corresponding appropriate level of public accountability.

Parliamentary reference - Report number #39 - released 17 June 1997

This Report, Volume Two: Corporate Governance in Practice reports upon how actual corporate governance practices by NSW public sector boards compare with “better practice”.

It found criteria and processes for appointing directors to boards are not always transparent. It also found a more systematic and rigorous approach to the range of corporate governance issues is required across the public sector if it is to approach "better practice", there is a lack of accountability for board decision making and board performance and where boards are to serve a governance role, then a basic framework needs to be created to ensure they can operate efficiently and effectively.

Parliamentary reference - Report number #39 - released 17 June 1997

A Supplement to Volume Two: Survey Findings has also been prepared, presenting The Audit Office’s survey findings in detail. This may serve as a useful benchmark for governance in the NSW public sector.

It found that, supporting/enabling legislation, governance structures and boards creation processes should facilitate better governance practice. It also found boards and management should understand their roles, responsibilities and duties and that these should be clearly articulated in legislation, board directors should possess appropriate qualifications and expertise to fulfil their responsibilities, boards need to ensure that adequate systems are in place to be able to oversight on the activity of the agency and boards must be accountable to those whose interests they represent.

Parliamentary reference - Report number #39 - released 17 June 1997

Following a request from the NSW Legislative Council in September 1996, a performance audit into various matters affecting the operation of the New South Wales Department of Agriculture was undertaken by The Audit Office.

Among the recommendations from this report, the Audit Office found that:

• An economic appraisal should be undertaken before all major developments, including rationalisation plans, are implemented. It should include details of anticipated benefits from the changes planned, so that their achievement can be evaluated after implementation.

• Government policies should be made explicit or else established by directives in writing. Planning Infrastructure and human resources should be planned to maximise efficiency and effectiveness. If Government chooses alternatives that have higher costs or lower benefits for the Department, then these should be explicitly funded.

• The Department should strengthen its system of internal control by strengthening the role of the Board of Management as a means of management control, directing an overhaul of the Charter of the Internal Audit Committee and using it to drive the Department’s internal audit function and ensuring implementation of an effective financial management information system.

Parliamentary reference - Report number #36 - released 27 March 1997