Written by Keely McKitterick
Cover image courtesy of the Australian Turf Club
The New South Wales Government has come under fire on radio show 2GB over its management of the proposed sale of Rosehill Gardens to create a 25,000-home residential district. Central to the contention is the government's use of the 'Unsolicited Proposals' process, a scheme permitting private sector entities to pitch proposals directly to the government without a preceding formal request.
Chris O'Keefe, a respected political commentator and radio anchor for the 2GB Drive show, has been at the forefront of critiquing the government's application of the process, raising significant concerns over mandatory integrity and impartiality.
The Unsolicited Proposals process, detailed on the NSW Government's website, lays out stringent criteria to safeguard fairness and integrity. A pivotal requirement is the “maintaining impartiality” clause, ensuring “fair and impartial treatment will be a feature of each stage of the assessment process.” This directive aims to ensure proposals are assessed on their own merits, devoid of any undue influence or predisposition, thereby upholding the decision-making process' integrity and serving the public's best interest.
However, the approach to Rosehill Gardens' redevelopment has sparked debate over whether these principles are being adhered to. Premier Chris Minns and the Australian Turf Club's (ATC) early announcement of their plans to sell and redevelop Rosehill Racecourse, before the formal Unsolicited Proposals process had commenced, has been singled out for criticism.
Chris O'Keefe | Image courtesy of 2GB
O'Keefe questioned this premature declaration on 2GB, suggesting it might preclude the impartial evaluation demanded by the process. “Does that sound impartial to you?” he probed, highlighting the discrepancy between governmental actions and the process' requirements.
Requirements for Unsolicited Proposals
Given the directives from the “Unsolicited Proposals: Guide for Submission and Assessment 2022” Guide, the transparency of the process concerning the redevelopment of Rosehill Gardens comes under intense scrutiny. The guide states, “Transparency refers to the preparedness to open a project and its processes to scrutiny, debate and possible criticism. This also involves providing reasons for all decisions taken and the provision of appropriate information to relevant stakeholders.”
“This also involves providing reasons for all decisions taken and the provision of appropriate information to relevant stakeholders.” - Unsolicited Proposals: Guide for Submission and Assessment 2022 Guide
However, this principle appears to be challenged by the current handling of the Rosehill Gardens project. The press release issued by the NSW Government and the ATC stated: “The NSW Government and the ATC have signed a memorandum of understanding (MOU) on the potentially historic plan, which would be subject to the NSW Government’s unsolicited proposals process.”
The MOU, a critical document that presumably outlines key aspects of the agreement including timelines and the project's framework, has yet to be made available for examination by ATC members. Without transparent access to such pivotal agreements, it is difficult to see how the Unsolited Proposals requirement of information disclosure and “preparedness to open a project... to scrutiny, debate and possible criticism” is being fulfilled.
Has the cart been put before the horse?
O'Keefe said: “When the Premier and the Australian Turf Club announced of their intention to sell Rosehill, they held a big press conference on it. It was in all the papers.”
The proposed redevelopment was justified by the government on various grounds, including the site's strategic position and its pristine environmental condition. Premier Minns articulated these points in the press conference, considering the project a straightforward decision in the quest to augment Sydney's housing stock:
“When you consider that Sydney would get an extra 25,000 dwellings, this is an easy financial decision for us to make,” Minns said.
Aerial view of Rosehill Racecourse
O'Keefe believes this stance undermines the Unsolicited Proposals process' required impartiality, saying: “They told everyone Rosehill Gardens was going to be built as a suburb when the process had not begun. Not a single piece of paperwork had been lodged as it needs to be, yet it was heralded as a significant win in the battle to build more homes... There is no proposal to make a decision on. It's just an idea.
“What is the point of having an arm's length process if you then have to reverse engineer it because you've already made your minds up? You cannot be impartial,” said O'Keefe.
“What is the point of having an arm's length process if you then have to reverse engineer it because you've already made your minds up?” - Chris O'Keefe, 2GB
This week has seen the ATC Board engaging with members and trainers to discuss their plans for the sale. This initiative has been met with almost universal resistance from the racing community, with Hall of Fame trainers Chris Waller and Gai Waterhouse amongst those vocally opposing the plans. Criticisms centre on the plans being hastily concocted and inadequately thought through, with the ATC Board struggling to address key questions regarding the establishment of a new training centre and enhancements to Sydney's metropolitan tracks.
Moreover, concerns have been illuminated over the potentially unhealthy relationship and imbalance of power between Racing NSW and the ATC.
