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Transcript produced by Epiq INQUIRY UNDER SECTION 438U OF THE LOCAL GOVERNMENT ACT BLUE MOUNTAINS CITY COUNCIL Held at Blue Mountains Cultural Centre 30-32 Parke Street, Katoomba, NSW On Wednesday 30 September 2020 at 10.00 am (Day 23) Before Mr Richard Beasley SC, Commissioner
Transcript
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Transcript produced by Epiq

INQUIRY UNDER SECTION 438U OF THE LOCAL GOVERNMENT ACT

BLUE MOUNTAINS CITY COUNCIL

Held at

Blue Mountains Cultural Centre 30-32 Parke Street, Katoomba, NSW

On Wednesday 30 September 2020 at 10.00 am

(Day 23)

Before Mr Richard Beasley SC, Commissioner

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THE COMMISSIONER: Are we ready to begin?

MR GLOVER: Yes, Commissioner.

THE COMMISSIONER: Mr McKay, can you come forward, please, sir, and Mr Broad will get you to swear on oath or give an affirmation. <GRANT JAMES MCKAY, affirmed: [10.02]

<EXAMINATION BY MR GLOVER:

MR GLOVER: Can you just state your full name, please?A. Grant James McKay.

Q. Just when giving your answers, if you just sit a bit closer to the microphone. We've had some feedback from our transcription service of need to speak up, so we'll all try to do that.

Now, you were employed by the council between July 2014 and about June 2018, is that right?A. That's correct.

Q. And your substantive position during that period was Manager Governance and Risk?A. That's correct.

Q. You had periods where you acted as the Group Manager People and Systems, is that right?A. That's correct.

Q. Governance and Risk during the period that you were in that position was responsible for enterprise risk management?A. Yes.

Q. And what did that encompass?A. It required me and my team to liaise, interact, engage with senior management, middle management and others regarding key organisational risks and giving visibility to those risks.

Q. Was safety one of them?A. Yes.

Q. How does one give visibility to safety risks?

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A. Through the building of controls.

Q. What controls?A. We built controls related to consultation, related to documentation, policy, process documents that sat underneath policy. We conducted inspections and other field work.

Q. When you commenced in that role was there a period at which you sought to ascertain the council's policy position in particular in relation to safety matters?A. Yes.

Q. How did you go about doing that?A. I asked questions of the people working for me who had safety responsibility. I asked questions of senior managers and middle managers and other people that were in the field, people who would, in the ordinary course of their work, interact with safety and act in accordance with safety requirements.

Q. Did you review the existing policy documents that the council had at the time?A. I did.

Q. Did you form a view, dealing first with the second half of 2014, about the council's policy position as it related to safety matters?A. I thought it needed improvement.

Q. Why?A. Many of the documents were still in draft form. They hadn't been properly implemented in the field, in other words, the procedures and other work flows and things like that that were described in the documents weren't necessarily reflected in actual practice in the field.

Q. Was there a particular area within the council, again in the second half of 2014, responsible for developing policy as it related to safety matters?A. Yes.

Q. Which area was that?A. That was in the Governance and Risk area.

Q. What was the possess involved in developing policy as it related to safety matters within the Governance and Risk

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area?A. This was largely something I inherited, so the practice at the time I came into council was to draft documents. Not necessarily, I suspect or believe, in proper consultation with the workforce, but documents had been drafted that aligned somewhat with the prevailing standards, prevailing practices, best practice, and those documents were maintained, not always in a central register, they were maintained in various places, and consequently they may not have been as well-known as they should have been to the workforce and to those who should have acted in accordance with them.

Q. From that answer do I understand that you considered that process to be inadequate?A. Inadequate, yes.

Q. Why did you form that view?A. Because I didn't think it was sufficient to be able to properly guide the practice of good security in Blue Mountains Council.

Q. When you say "good security", what do you by that?A. Beg your pardon, good safety in Blue Mountains Council.

Q. In the answer you gave a moment ago you expressed a view that an occasion policy wasn't drafted in proper consultation with the workforce?A. Correct.

Q. Why was that an important matter to your mind?A. It needed to properly reflect practice, so it's not enough simply to draft documents that are generic, they have to reflect what the council actually does and the way it does it. They also have to be sufficiently disseminated within the organisation, people need to be trained in them, people need to be familiar with them, people need to know where they can find them.

Q. And is it important to have staff buying in the process as well?A. Absolutely.

Q. Why?A. Because without staff buying you won't get conformance and compliance, you'll get people working either around

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them or not properly acting in accordance with them.

Q. Did you observe that taking place in the council from the middle of 2014 onwards?A. My observation was that council wasn't, didn't have the best control over its safety practice. Some of this was based on my own observation, other was based on my interaction with the people working for me who were responsible for safety, and others were related to conversations I had with middle managers and senior managers.

Q. The people working for you with responsibility for safety, is that what is known colloquially as the safety team?A. Yes.

Q. Mr Anderson and Mr Keyes I think?A. Yes.

Q. What, from your interactions with them, caused you to arrive at the view you've just given?A. I formed the view that safety needed to be reformed, that it needed to be improved. That would take considerable work to do, considerable investigation in terms of understanding where we were, what was required, so it was a considerable investment that would be required to move us from where we were prior to 2014 and where we needed to be. I discussed these with the safety team. Their view usually was that we had sufficient control over safety. In other words, they were reluctant to move in the direction that I thought we needed to move in.

Q. And their view that the council had sufficient control over safety was not one that you shared?A. No, I didn't share that.

Q. In that answer you mentioned "a need to identify where we were", that is where the council was in relation to safety matters, correct?A. Yes.

Q. By doing that one could identify what was required to undertake the reforms that you thought were necessary, correct?A. Yes.

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Q. How did you go about - I withdraw that. Were you able to start the process of reform that you considered necessary?A. Yes, slowly.

Q. How did you start that process?A. I wanted to engage, and ultimately did engage, a qualified safety consultant to come in and make their own investigations and form a view of what our current level of maturity was.

Q. Was that the Willis Gap analysis?A. There was a Willis Gap --

THE COMMISSIONER: The consultant was Mr Mulligan, was it?A. No. No, sir. The consultant was Graham Kenafacke, who worked for an organisation called Willis. Willis had done a piece of earlier work prior to my arrival, which I think from recollection is known as the Gap analysis. That was an important source information for me, but not enough to be able to form a view about exactly what our current state was and exactly what needed to be done.

MR GLOVER: We'll come to this in due course, but there's another Willis report produced in 2015, is that the one you have in mind?A. Yes. That's the one that Graham authored.

Q. In that information gathering phase, if I can call it that, when did you become aware of the council's approach to asbestos management and safety matters?A. Not at that stage.

Q. When did that matter first come to your attention?A. That would have been in early 2017.

Q. In what context?A. A meeting that I was invited to that was held in Blue Mountains Council among a number of people, principally from a division of council that used to be referred to as C&CO, so a number of people drawn from that area, and I was invited, having not been invited to any previous meetings that they may have had on this subject, and the subject of the meeting was signage and some other matters related to asbestos management.

Q. That was your first involvement in discussions about

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asbestos management issues in particular?A. It was. It was. That is despite having had numerous conversations with managers and senior managers where I had asked them questions about, "What are your principal risks? What is it that keeps you up at night?" And asbestos was not one of the matters that was disclosed in those conversations.

Q. Knowing what you know now, should it have been?A. It should have been.

Q. Why do you say that?A. It should have been because council had done a lot of work on the topic. There were various audits of buildings and assets that had been done that revealed various things about the state of asbestos in council owned properties and a lot of work actually had been done in terms of addressing the matters disclosed in those, I think, three or four separate audit reports, done by third parties, so in actual fact a lot of investment had been made by council, a lot of work had been done, so clearly it was an issue that had exercised the council, otherwise they wouldn't have done that work. So it probably was a matter that should have been discussed with me.

Q. In an earlier answer you said you had discussions with managers and senior management?A. Yes.

Q. About asking what risks kept them up at night. When you say senior management, who in particular do you have in mind?A. The executive team.

Q. The executive leadership team?A. Yes.

Q. Do your observation, before mid-2017, was there an awareness within the executive leadership team of the state of the council's asbestos management policies?A. I don't know. It certainly wasn't something that was discussed with me. In turn, it wasn't something that I raised with senior leaders, and in any senior management meeting that I took part in either as a guest speaker or as an acting group manager, these conversations never arose.

Q. I'm going to have Mr Broad bring you Exhibit 82 and

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we're going to start at p.96. Sorry, I'll actually start at 38, I'm sorry, Mr McKay. Just to identify, that's the first of the Willis reports that you mentioned?A. Yes.

Q. The gap analysis in 2012. This was obviously done before you arrived, but it was a document you had regard to?A. Yes.

Q. If you just turn ahead to p.41, please?A. Yes.

Q. You'll see there's a second paragraph and four dot points?A. Yes.

Q. A number of high risks identified on the day of inspection. The high risk areas relate to management of asbestos. Do you see that?A. Yes.

Q. Then the next paragraph, an asbestos survey has not been conducted in the last five years, do you see that?A. Yes.

Q. You'd agree that the management of asbestos was a high risk area for the council?A. Yes.

Q. And it's a high risk area for a number of reasons, isn't it?A. Yes, it is.

Q. What do you think those reasons are?A. It's a considerable danger to public health if asbestos is in poor condition.

Q. And that could expose staff to risk?A. Yes.

Q. The community to risk?A. Yes.

Q. Contractors who might come on to site to risk?A. Yes.

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Q. That's why it's important to have appropriate policies in place, correct?A. Yes.

Q. Procedures, correct?A. Yes.

Q. And of utmost importance, to be wholly compliant with the statutory obligations imposed on the council, do you agree with that?A. I do.

Q. Did you become aware at any stage that the council wasn't compliant with its statutory obligations?A. Not in any detail under 2017, the beginning.

Q. The beginning of 2017?A. Yes.

Q. And in what context did you become aware of that matter?A. That was the meeting that I alluded to before where a number of council officers were talking about the need to put signage in buildings so they would become compliant. Other matters were discussed in that meeting as well.

Q. What about asbestos registers, did you have some discussions about those matters?A. Yes.

Q. When did you first have discussions about those matters?A. I was generally aware of the existence of asbestos registers prior to 2017. Because the three or four audits that were conducted subsequent to this report, subsequent to 2012, were often internally referred to as the asbestos register.

Q. Are you referring there to the reports produced by Airsafe?A. Yes, the very large documents.

Q. What about asbestos registers at council facilities, so individual registers particular to those facilities?A. I wasn't aware of whether they existed or not.

Q. Were you aware of a requirement to have such registers

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at individual facilities?A. I was aware generally of the requirement to maintain registers.

Q. At individual sites?A. Not so much at individual sites.

Q. Did you become aware of that requirement at some later stage?A. I did.

Q. When?A. In early 2017.

Q. In the same context?A. Yes.

Q. What about Asbestos Management Plans, did you become aware of a requirement for the council to maintain Asbestos Management Plans?A. I can't recall exactly what conversations I had prior to 2017 regarding plans. Conversations about plans may have arisen prior to that date, but I'm not aware of the specifics.

Q. So in general terms is this right: until early 2017 the particular issue of asbestos management, the policies, plans, registers, was not something that was of regular focus for you and your team at the time?A. It's correct to say that it wasn't a regular focus. It certainly came up in internal conversations, specifically about the existence of asbestos registers and the maintenance of those registers. The usual context of those conversations was about who is responsible for maintaining asbestos registers in Blue Mountains Council. The answer that I was consistently given was that it was officers in C&CO that were responsible for that so --

Q. I'm sorry, Mr McKay, you go, I beg your pardon?A. It was clear that there was a division of responsibility between groups in council and perhaps that disclosed some tension in terms of who's doing what and at what pace and who's responsible for what.

Q. Were you told why it was the responsibility of C&CO to maintain the registers?A. It was believed to be at that time an asset management

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challenge, in addition to a safety challenge, and asset management was fundamentally a responsibility of C&CO.

Q. Do you believe it was an asset management challenge?A. I believe that it is in part an asset management challenge, yes.

Q. When you say in part, what's the other part?A. It's also a safety challenge.

Q. Did the division of responsibility you refer to arise between safety on the one hand and asset management on the other?A. Yes.

Q. Do you have a view about what that division of responsibility impacted on the council's effectiveness in maintaining, in this case, registers?A. I think it did.

Q. In what way?A. I think there was a fundamental lack of communication between C&CO group and other groups that had some stake in asbestos management.

Q. Why do you say that?A. It was part of my observation, that there were areas of council that interacted sparingly and perhaps reluctantly at times.

Q. And C&CO was one of those at that time?A. I'm not trying to suggest that C&CO was the cause of it.

THE COMMISSIONER: C&CO are responsible for asset management. The safety responsibility is with Governance and Risk or -- A. Yes, the high level safety responsibility is for Governance and Risk.

Q. Was it in your view C&CO's responsibility to advise those within council with responsibility of safety,

Look, we have this asset and it has asbestos, now you need to do something about it.

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A. That's how it would work, yes.

Q. And that didn't happen?A. I don't think it consistently happened.

Q. Up until a certain point it didn't happen?A. Up until a certain point.

Q. Right?A. And if it was happening, it was happening at a slower pace than it should have.

Q. Do you know any reason for that?A. I think it's cultural.

Q. By saying you think it's cultural, does that mean there was some culture of C&CO not wanting to share information?A. No. No, sir, I don't.

Q. You mean something else?A. I mean something else.

Q. What do you mean then?A. There were - in council at that time there was, in my observation there was a schism between C&CO and what used to be called City Services.

Q. Right?A. And some of that, some of the cultural division --

Q. That became Service Delivery?A. Yes.

Q. Yes?A. The origin of that I can only speculate upon, but I think it was a fall out from what used to be called purchaser provider, which was a model of service delivery that council had in well prior to my time. They tried to reform that but the artefacts of that were still in place. What it meant was that there was some form of competitive tension between C&CO who were the grouping council who set the standards, they were the more strategic part of council.

Q. Right?A. And City Services, or Service Delivery as it's now

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called, who actually delivered the service in accordance with, to an extent, the direction and specifications of C&CO. I thought that there was some resentment to that division.

Q. Resentment from whom?A. From City Services.

Q. Right?A. Who resented, to some extent, being told what to do.

Q. I see?A. And being restricted in the way they should operate by this group, and I think that reflected - beg your pardon, that impacted, in those early days, some of the interactions that occurred.

Q. Does that schism ultimately though result in some failure by, whether it's this resentment which may even in part be, I don't know, was it partly personality based?A. I think it's a combination of personality and other things.

Q. Right. Did that schism result in, though City and Community Outcomes not passing on information that it should have relevant to safety to the people that are meant to be doing something about safety?A. It could have been a contributing factor, and I don't want to give the impression that C&CO somehow is a bad, are bad people that acted in bad faith.

Q. I'm not looking into whether people are bad people?A. No, I think in my interaction with them I saw them as being, you know, a very diligent and well intentioned group.

Q. Right. Diligent and well intentioned people can make mistakes, I've seen that lots and lots of times?A. Most definitely.

Q. All right. You proceed.

MR GLOVER: If we go ahead to p.96, please, Mr McKay. I should say, you've got some diary notes on the table there with you, Mr McKay?A. I have.

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Q. To the extent you need to refer to them please let us know?A. I shall.

Q. That's acceptable.

THE COMMISSIONER: What page did you say, 90 --

MR GLOVER: 96. And there should you should have the model asbestos policy for New South Wales councils of November 2012?A. Yes.

Q. I appreciate this predates your employment, but is this a document that you became aware of?A. Yes.

Q. When?A. I can't remember exactly when but I remember Michael Keyes talking about this document, and as the title says, it's a model asbestos policy, so it's a pro forma document that is available for councils to adopt as their asbestos policy or plan by filling in the blanks. I remember Michael mentioning this to me. He had a copy of it in a drawer, but I don't remember whether that was 2017 or earlier than that.

THE COMMISSIONER: This is not a criticism, but when people have to go and read the transcript it assists to remind ourselves - I know Mr Keyes has an involvement in safety, but what was his precise position again, as far as you recall?A. Insurance claims.

Q. That's right. Was he dealing with workers compensation mainly, was he, or have I got that wrong?A. Only peripherally.

Q. Right, I see?A. Yes.

Q. Insurance claims?A. Yes.

Q. Right. Go ahead.

MR GLOVER: Did you become aware at some stage of work

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that was being done within council to develop an asbestos policy?A. Well certainly in 2017 when it became my specific responsibility to develop the asbestos policy or plan for council.

Q. And as part of that did you seek to understand what work, if any, had been done towards that end?A. Yes. It was one of the subjects that was raised at that meeting in early 2017.

Q. What did you understand was the case?A. Well I discovered that council didn't have an asbestos plan or policy at that stage.

THE COMMISSIONER: Was that surprising to you?A. No.

Q. Why was it not surprising?A. Because I knew from the work I had commenced to do in late 2014 to late 2016 that there were shortcomings in the safety approach, so both in some of the earlier gap analysis that Willis had done, and in the later piece of work that Graham Kenafacke had done, it was clear that there were things missing, so it made sense that somehow the asbestos plan or policy had fallen between the cracks.

MR GLOVER: It may not have been surprising for those reasons, but was it a concern to you?A. Yes.

Q. In early 2017?A. Yes, it was a concern.

Q. And did you become aware at any stage of work that was being done within C&CO to develop this model asbestos policy?A. Yes.

Q. What did you come to understand about that work?A. In the meeting in early 2017 it was clear that certain people were, had identified - and as I said previously, I hadn't been to, I hadn't been invited to any previous meetings that this particular group may have had, this was the first one, but it was clear that they were, they had identified things that needed to be done, for example, the signage issue, the plan policy, the asbestos register,

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those three main points. There may have been others. But it was clear that they were trying to accelerate the remediation work that was going to be done in those areas.

Q. Go ahead to p.224 for me, please.

THE COMMISSIONER: Are you going to come back to the policy?

MR GLOVER: I'm still on the policy.

THE COMMISSIONER: Right. 224?

MR GLOVER: 224. Again, this predates your involvement?A. Yes.

Q. But if you have a read of that memorandum for me and let me know when you've finished, please?A. Yes.

Q. So you can see on the second page of that memo, p.225 of the bundle, there's some actions and timelines. Do you see that?A. Yes.

Q. Were you aware of this work having been started or proposed as early as 2013?A. I came into council in 14 and I wasn't aware in 14 that any such work had been undertaken.

Q. Did you become aware at some later stage that this had been started in early 2013?A. I can't recall this particular document and I don't know if it was shown to me during my time, but it certainly became clear to me in early 2017 that council didn't have an Asbestos Management Plan, so I suppose it follows that the work that's forecasted in this document to actually draft an Asbestos Management Plan didn't occur.

THE COMMISSIONER: So just looking at the actions and timeline, the idea is that City and Community Outcomes draft a draft asbestos policy and then it goes to Governance and Risk for review?A. Governance and Risk committee.

Q. Committee, right?A. Which was a different piece of governance than the

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later creation of Governance and Risk Business Unit that occurred in mid 14.

MR GLOVER: And we know that didn't happen, of course, but do you have any explanation for why that didn't occur?A. No.

Q. Are you aware of any reasons as to why it might not have occurred?A. Well, of course - and I'm not trying to make excuses for anybody, and I don't remember the exact date that the devastating bushfires occurred in the Blue Mountains, but --

THE COMMISSIONER: That was late 13 I think?A. Yes. It's entirely possible that they may have impacted a whole range of forecasted work and in fact in response to --

Q. Just looking through the - it's not right in front of me but if you look through, and Mr Glover may take you through, if you look through the index of the Governance draft asbestos policy it covers all the areas where you would expect the council, even the Blue Mountains Council, to cover in their own policy like identifying places where there is asbestos, warning staff, training staff, all those sorts of things. I certainly appreciate that it's not a five minute job for a council like this to put in place, for example, asbestos registers in all of its work sites, but the time frame proposed here for at least drafting a policy - sorry, preparing a policy that is still in draft, which is two months, doesn't seem wildly optimistic to me at least to get a policy in draft, as distinct from putting registers in every single asset you've got. So I'm not sure that bushfires later in the year or anything else really is an explanation as to why this wasn't done?A. No, that's true, sir, but I think it's worth differentiating the policy from the actual plan.

Q. Of course, of course?A. You know, the plan is much larger and much more complex.

Q. Yes. The policy is very high level and it's a guidance for what you do thereafter is the way I read it?A. Correct.

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Q. Yes. You go ahead, Mr Glover. Sorry, can I just ask one more question. This is from Director City and Community Outcomes. Who was that on 13 February 13, do we know?

MR GLOVER: It's Mr Corbett. He's identified at the top of p.224.

THE COMMISSIONER: You're right. I see, Director. Why is he - number 2. Right, I see.

MR GLOVER: It's going to Governance and Risk steering group.

THE COMMISSIONER: Sorry, yes. Right, all right. Thank you.

MR GLOVER: Back to p.225, the third dot point is to draft the Asbestos Management Plan and a time frame there is given of April to August 2013. Now we know that didn't happen either, correct?A. It appears it didn't happen.

Q. Even allowing for the period of the bushfires where one assumes resources were diverted to other quite properly pressing needs?A. Yes.

Q. It still wasn't done by early 2017, correct?A. Correct.

Q. And in fact it wasn't done until after the SafeWork intervention the following May 2017, correct?A. Correct.

Q. What I'm really exploring with you is that in your view this isn't a three or four year job, is it?A. No, it's not a three or four year job to write a plan, but the way that the tasks or the actions were lined up in this memo may not be correct in that the more substantive job, the more difficult one, and probably the more immediate one, is the creation of that audit, audit of buildings, of which there were many hundred, and that took I think years to conduct. That's the one that resulted in those four very large documents that identified buildings --

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THE COMMISSIONER: Sorry, is that the Airsafe report?A. The Airsafe report, sir. It identified asbestos in those buildings and then came up with actions, right, so creating those documents is probably a more immediate priority because those documents would in turn inform the plan. So a decision may have been made, not reflected of course in this document, that the order of action should be changed and the priority should be in informing ourselves where the asbestos is.

MR GLOVER: And that needed to be a priority to ensure compliance with the statutory obligation for asbestos registers, correct?A. Correct.

Q. And that was in place prior to 2013 to your knowledge?A. I don't remember the exact date but I think it was something that was started in either 12 or 13 and extended into 15.

Q. Ensuring compliance with statutory obligations for asbestos management is something that should have been of utmost priority to the council, correct?A. Compliance absolutely is a priority.

Q. To the extent that one needed Asbestos Management Plans and registers at workplaces, that should have been a priority, correct?A. It should have been a priority.

Q. And it shouldn't have taken until the latter half of 2017 for those measures to start being put in place, correct?A. It would have been better if it had been done faster.

Q. Well, it just shouldn't have happened, should it?A. I can't, I can't account for what extenuating circumstances --

THE COMMISSIONER: Don't take Mr Glover's questions as a personal criticism, because they're not directed that way, but I think what he's really putting to you is if the council's statutory or legal obligations were to have things done, then you've just got to get them done?A. Yes.

MR GLOVER: Can I take you next to p.1001. It may not be

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in that volume. I'm sorry, Mr McKay, before I do that there's one other - just to close this topic off, if you go ahead to p.248. This is a memo of 23 August 2013, do you see that?A. Yes.

Q. Again, I appreciate it's before your time, but just have a read of that memo and there's a couple of questions I want to ask you about it.

THE COMMISSIONER: Sorry, just before you read that memo, just so I get one thing straight in my head, part of your answer, if I understood it correctly. When Mr Glover was suggesting to you the policy should have been done and the plan should have been done, in particular asking you about the delay in getting a policy done and you said,

Look, I think what happened was that it became more of a priority to identify where the asbestos was in individual assets that the council owns.

Is that what you think actually happened, as far as you know, that whilst the memo of February 13 has a timeline for the council to develop its asbestos policy, what seems to have overtaken that in the coming years, and if there was a delay in getting the policy done, then the bushfires may have had a role in this, but the focus seemed to shift from getting the policy done to actually going out and doing the field work, if you like, of identifying where the asbestos is in individual assets and getting the documents done, that got shifted sideways to that priority. Is that how you think things transpired?A. It's not how I know that they transpired, it's what I suspect is how it transpired.

Q. Yes, okay. Thank you. Based on things you do know?A. Yes.

Q. You join the dots to an extent?A. Yes.

Q. All right, thanks.

MR GLOVER: Just have a read of the memo starting at p.248 for me, Mr McKay. Let me know when you're done.

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THE COMMISSIONER: This memo seems to confirm part of the discussion I just had with Mr McKay in some sense, yes?A. Yes. Yes, I've finished that.

MR GLOVER: So just picking up on the Commissioner's point, there's the process, the seven step process on p.249 which confirms in some respects your joining the dots, but where I want to take you is back on p.248, the second paragraph under the heading Background. Following the release of the MAP, the model asbestos policy, a review showed that council departments have independently made every endeavour to identify and manage the risk of asbestos exposure, do you see that?A. Yes.

Q. Where I started this morning, I asked you about a familiarisation process you undertook with council policies, do you remember that?A. Yes.

Q. Do you have a view about whether that statement was an accurate reflection of the position as you came to understood it when you commenced in 2014?A. In hindsight it probably wasn't completely accurate.

Q. It wasn't accurate at all, was it?A. I think some of what the author is saying here is that they've got documents that taken collectively achieve the same outcome.

Q. And that was wrong?A. I think that would be charitable to say that that is correct.

Q. So you agree with me?A. Yes.

Q. And you certainly agree that they fell well short of best practice?A. Yes.

Q. Then if you turn over to p.249 for me, please?A. Beg your pardon?

Q. 249. A. Yes, I've got it.

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Q. So under the dot points where the author identifies a series of those procedures. It is a he, he says

In an ad hoc way the forms/procedures in these documents do manage risk to trades, waste management cleaners, contractors and residents.

and that was wrong?A. They wouldn't be comprehensive.

THE COMMISSIONER: I think it's probably - there might be some qualification to add to it being 100 per cent wrong but it's --

MR GLOVER: That's a fair point. I'll rephrase it. They certainly didn't adequately manage the risk, did they?A. No, it's not completely managed, no.

Q. And it wasn't an adequate management of the risk posed by asbestos, was it?A. No, it's not the right approach.

Q. Now, ahead to p.1001 in that second volume that Mr Broad has brought you. So you can close that first one up.

THE COMMISSIONER: This still seems to be, just on that point you were on on 249 in the first paragraph under the bullet points, it still seems to be envisaging or anticipating the introduction of a model asbestos policy.

MR GLOVER: And that's step 7 in the process.

THE COMMISSIONER: Yes.

MR GLOVER: Have you got p.1001?A. I do.

Q. That's the 2005 Willis Safety Management System Review?A. Yes.

Q. Was this the catalyst for what became described as a safety project as part of a wider business improvement project?A. Yes, it was.

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Q. Did you consider this to be an important step within the council?A. An important and necessary step.

Q. Why?A. Because we needed to, we needed an independent third party assessment of where we actually sat, and we needed that as a document that could be persuasive, because I was trying to win support for this project both within my own team and more broadly throughout the council among senior management.

THE COMMISSIONER: Sorry, I just missed the page. Is 1000 and --

MR GLOVER: 1001. When you say win support firstly within your own team, does that mean you had some resistance to proceeding this way?A. Yes.

Q. And where did that resistance come from?A. It came from Mr Anderson.

Q. And for the reasons you've given earlier he was of the view that the systems were adequate?A. Yes.

Q. And you were not?A. I was not.

THE COMMISSIONER: Mr Anderson may have called this a hatchet job, did he, in evidence?

MR GLOVER: It was either this one or the earlier one but he --

THE COMMISSIONER: I think it was this one, yes.

MR GLOVER: One of the Willis reports was described in that way.

Q. And in the wider organisation you said you were trying to win support there as well?A. Yes.

Q. Was there resistance within the wider organisation?

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A. No. No, no resistance, I just had to build enthusiasm.

Q. What about from the executive leadership team?A. We eventually built that head of steam that we needed to to get this project going. It took time but, of course, I needed something that was more authoritative than my word. I needed this to come from an expert and Willis had a track record in doing audits of this type.

Q. By that answer do I understand that there wasn't necessarily a resistance from the executive leadership team, but it needed some encouragement to come along on the journey?A. There was no resistance.

Q. If you turn ahead to p.1004, please.

THE COMMISSIONER: The resistance you've spoken of from Mr Anderson and convincing your team, was that, in your judgment, based on a resistance to any form of change or was it more that they felt they had things under control and didn't need any improvement?A. Sir, I think it was both.

MR GLOVER: 1004, do you have that?A. I beg your pardon?

Q. 1004?A. Yes, I've got it.

Q. There's a heading Summary Findings, do you see that?A. Yes.

Q. And then the recommendations address a range of control weaknesses in the current safety management system which includes WHS policies which do not align with the Work Health and Safety Act, do you see that?A. Yes, I do.

Q. Do I understand from your evidence earlier that at that time it wasn't - you weren't aware of the council's position in respect to asbestos policy in particular vis-à-vis its obligations under the Work Health and Safety Act?A. Not in detail, no.

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THE COMMISSIONER: These weaknesses identified by Willis, I imagine they struck you at the time, "These are significant matters we need to attend to"??A. They were highly significant, yes.

Q. And leaving aside commentary that it's a hatchet job, unless you make what would be a very strange assumption that either Willis and the author of this report don't know what they're talking about, if you make the assumption that they are experts and they're there to help you, then these are really serious matters that the council needed to attend to?A. Most definitely.

Q. And in your view, no doubt, warranted support to get on with them?A. Yes.

MR GLOVER: 1010, please. There's a heading BMCC's management of safety. Do you have that?A. Yes, I do.

Q. In the second paragraph under that heading the author notes that:

The safety management system was incorporated into quality and environmental management systems. These systems were only introduced at a business unit level, not organisationally across BMCC.

Do you see that?A. Yes.

Q. Do you understand what the author was referring to?A. He's referring to there being not a whole of organisation best practice management system for safety, that safety's largely the responsibility of separate business units doing the best they can with their own procedures. So there's a lack of overall coordination.

Q. And that was a matter of concern to you?A. Yes.

Q. Because it didn't reflect best practice?A. Yes, and it would not - it wouldn't - we wouldn't have been able to succeed at improving security with the

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existing approach.

Q. Again, when you use the word "security", what do you mean?A. Sorry. Safety.

THE COMMISSIONER: So safety's individual silos and no one knows what the other one's doing or what the risks are in relation to the other silo?A. Correct, sir.

MR GLOVER: And that poses a particular risk to an organisation such as the council in terms of safety management, correct?A. It does.

Q. Can you describe why you hold that view?A. I hold that view because I know from experience the only way to achieve adequate or good control of safety is by having a systematic approach and a systematic approach is expressed in a safety management system. It coordinates, it integrates, it ensures that everybody's working together. If you don't have that, you have the opposite, you have lack of coordination and disaggregation and disintegration.

THE COMMISSIONER: Sorry, just to follow that through, if each business unit or Directorate or whatever is dealing with safety issues on its own, then to deal with them properly every single one of them is going to need a Work Health and Safety expert, an expert that's up-to-date with all the statutes, in other words, it can't possibly work?A. Well they're operating - there is the risk then that they operate to different standards.

Q. Yes. A. And you need to set a organisational standard for a thing like safety and you need to bring all of the disparate business units along to achieve that particular aspiration.

MR GLOVER: And as part of that, in your view, should there been a centralised part of the council with responsibility for development and maintenance of safety policy?A. There should be.

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Q. Was that one of the aims of your reform project?A. It was.

Q. Did you achieve that aim?A. No.

Q. Not before you left?A. It wasn't until 2017 that we commenced to achieve it in reality. We set in train the course of events leading to that much earlier than that. So this report was the catalyst for the project that became known as the safety improvement project and that, whilst the project that started to create the system, the management system, that council ultimately built, it was a slow process, very, very slow.

Q. Why was it slow?A. It was slow because we had to drag people kicking and screaming into this world.

Q. And by people do you have anyone in particular in mind?A. Mr Anderson, Mr Keyes. They weren't enthusiastic.

Q. In that same passage on the bottom of p.1010 reference is made to the purchase of provider model and I think in answer to some questions from the Commissioner you've explained what you consider to be some of the legacy problems with safety policy?A. Yes.

Q. Was that a challenge to overcome as part of the safety improvement project as well?A. It was.

Q. Before you left the council, was it something that was being overcome?A. Yes.

Q. And successfully so, to your mind?A. There were signs that success would be achieved.

Q. If I understand your earlier evidence, there's an element of culture involved?A. Yes.

Q. Would you accept that that is a matter that will take

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time to change within the organisation?A. It does take time.

Q. Turn ahead to p.1016, please. There's a box 4.3.2 Legal and other requirements. Do you see that towards the foot of the page, 1016?A. Yes.

Q. Just have a read of that box and the box that's under the Comment row and let me know when you've done that, please. A. Yes.

Q. The author here identifies the need to implement and maintain procedures, et cetera, to keep abreast of legislative changes and part of that, you would agree, involves identifying legislative obligations on the workplace, correct?A. Yes.

Q. Was there a system at any time during your period at the council to, firstly, identify the council's statutory obligations in work health and safety matters?A. It was progressively built, but at the time this document was written there wasn't.

Q. What was being progressively built in that area?A. The ability to be able to do the proper environmental scanning that was necessary to detect legislative changes. So a key part of any safety management system, or any management system, is to ensure that you can in real time detect changes in the legislation so you can reflect those in policy and procedure. But there was no systematic approach to it, so the way it had been previously done was that if someone received an email or some notification of change, that may or may not ultimately be folded into revised documents.

Q. What about the baseline level of understanding the statutory obligations that apply across the business as a starting point, before one gets to changes, was there a system whereby the council could say, "Okay, here are a list of our statutory obligations in a particular area", and then progress to attend to them?A. At this stage, no.

Q. Was there some later work done towards that?

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A. Very much so.

Q. As part of the safety management system?A. Improvement project, yes. It's a fundamental. You see we - the so-called system of safety which - when I came in and asked to see the safety management system I was shown a bundle of documents that was in a person's drawer, right. Now a bundle of documents isn't a system in itself, it's documentation of a system, and the documentation of a system sitting in a drawer is not able to influence anybody's behaviour. It may as well not exist. That's the reality at that time.

Q. You'd agree that it's fundamental for any organisation, including this council, to have a proper understanding of its statutory obligations in the workplace?A. Of course. Of course.

Q. It's absolutely critical to worker safety?A. Yes.

Q. And community safety?A. Yes.

Q. Did you become aware of SafeWork issuing some notices at Blaxland Waste Management Facility in about October 2015?A. Yes.

Q. I'm just going to have Mr Broad bring you SafeWork bundle.

THE COMMISSIONER: Are you going to the SafeWork folder, are you?

MR GLOVER: Yes. It may be a convenient time, Mr Broad tells me I haven't actually tendered this yet so I may as well do it now.

THE COMMISSIONER: You haven't tendered what?

MR GLOVER: The SafeWork bundle.

THE COMMISSIONER: Haven't you?

MR GLOVER: Apparently not.

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THE COMMISSIONER: That's one where it's got, p.1 it's got the heading SafeWork Asbestos Notices?

MR GLOVER: Correct.

#EXHIBIT 120 - BUNDLE OF DOCUMENTS COMPRISING SAFEWORK NOTICES. PAGE 1 IS HEADED "SAFEWORK ASBESTOS NOTICES".

MR GLOVER: Mr McKay, just turn the page beyond the index and you'll find p.3 at the bottom?A. Yes.

Q. That's an improvement notice number 7-282733 in the top right-hand corner. Do you have that?A. Ending in 733?

Q. Yes, correct?A. Yes.

Q. Just have a read of the box "Brief description of how the provision is being or has been contravened", and then the box commencing "Directions" immediately below it and let me know when you've done that, please. A. Yes.

Q. Do you recall becoming aware of SafeWork's activities at Blaxland?A. Yes, I remember going out on site on an occasion and meeting with a Bruno, with other council officers.

Q. In 2015?A. Yes.

Q. You'll see the brief description is

The Asbestos Management Plan developed for the workplace is not comprehensive.

Do you see that?A. Yes.

Q. Do you recall the work done to respond to that notice?A. I don't. And I don't recall this actual notice.

THE COMMISSIONER: Who does it, in your memory - the notice is just addressed to the Blue Mountains City

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Council. Who would typically be the person that an improvement notice like this from SafeWork would go to for them to say, right, let's deal with this?A. I don't know to whom this notice was served on.

Q. But say it was just left at, for want of a better description, the front desk, who would ultimately - whose hand should it end up in?A. Well, it could end up in multiple places. It should have ended up with the safety team.

Q. Yes?A. But it could --

Q. The answer is you don't know at the time?A. I don't know.

Q. Yes, all right?A. It could easily have ended up in C&CO as well but I don't know.

MR GLOVER: I appreciate your answer that you don't recall this notice or the work done in response to it but I'm just going to explore a couple of issues with you?A. Yes.

Q. You'll see here that the notice is directed to the Asbestos Management Plan for this particular site in that brief description box, do you see that? "The Asbestos Management Plan developed for the workplace is not comprehensive", do you see that?A. Yes.

Q. And then the directions:

1. You must ensure a written Asbestos Management Plan is prepared for the workplace which identifies

Et cetera. Do you see that?A. Yes.

Q. The fact that SafeWork was at a particular council work site highlighting or suggesting that the Asbestos Management Plan for that work site was inadequate, should that have prompted a wider review of the council's approach to asbestos management across its other workplaces in your

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view?A. Yes.

Q. Sorry?A. Yes.

Q. This would have provided an opportunity to do a deeper dive into what was in place, if anything, at other workplaces, correct?A. Correct.

Q. And sitting here today you'd agree that that was a missed opportunity for the council?A. Well assuming that it didn't occur, because presumably this notice was complied, so something occurred to enable SafeWork to comply it.

Q. At this site, yes?A. Yes.

Q. My question is directed across the wider organisation?A. Yes. But my answer is that I don't know what additional work was done above and beyond the work necessary to comply this notice.

Q. You're not aware of any work being done before 2017?A. Correct.

Q. So assuming no work was done other than at Blaxland in 2015?A. Yes.

Q. That was a missed opportunity for the council?A. Yes.

Q. And this should have prompted an acceleration of whatever work was being done on asbestos management?A. It should have and it may have.

Q. You say it may have, but you're not aware of any such work?A. No.

Q. And certainly by the time you became involved in 2017 there was no advance work being done on a policy, correct?A. On a policy or a plan.

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Q. No. There had been, in fairness, the asbestos registers been prepared by Airsafe?A. Yes, and that was a very substantial piece of work that needed to be done and everything else that was done beyond in 17 and beyond was predicated on that work. So that was certainly very helpful.

Q. Turn ahead to p.1471, please.

THE COMMISSIONER: You got back at Exhibit 82, then are you?

MR GLOVER: Yes, I'm sorry. I'm sorry, Mr McKay, you can close that small folder up, I'm sorry. And you'll need volume 2 of Exhibit 82, I think, 1471?A. Which page again, please, sir.

THE COMMISSIONER: 1471.

MR GLOVER: And there you should have a memo from Ms Cooper to the executive leadership team dated 26 May 2016, Policy Control Team?A. Yes, I do.

Q. Do you recall the establishment of the Policy Control Team?A. Yes.

Q. Was that your initiative?A. Yes.

Q. And what was its purpose?A. Its purpose was to - was, number one, to provide a forum in which new policies could be considered in relation to a pro forma that we had created. So the drafting of policy in council prior to this time was immature, for example, differentiation between policy and procedure wasn't well-known and the drafting of policies was a - varied across the organisation, so there was no systematic approach to what a policy should look like and what it should try to achieve, so we tried to remedy that by creating a model policy, if you like, and educating people that when they attempt to draft a policy it should be in accordance with that framework, that model, and then we - secondly, we established this forum which would consider the draft policy, consider the pro forma that covered the policy and be in a position to be able to talk to the

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author about what they needed to do to put their policy into a position where it would be a useful policy.

Q. Was this part of your efforts to centralise responsibility for preparation and maintenance of policy within council?A. Not so much to centralise the development of policy, it was to assist Jasmyn's team, who had responsibility for compliance management in council, to be able to exercise good control over the development and oversight of policy. So it wasn't that there was going to be a central team that wrote all policy, policy drafting was still a decentralised activity, it was that we wanted to have a more systematic approach, so we wanted people to understand what the purpose of a policy was, we wanted people to draft it so that it reflected that. We wanted all policies to look the same.

Q. And part of that was to overcome the issue identified by certain areas within council having their own approach to these matters?A. Yes. Yes.

Q. Was it ultimately your aim that there would be a centralised responsibility for policy development?A. No.

Q. It was always that a particular area would have responsibility for drafting and development, and the Policy Control Team would have a review layout, as it were?A. A QA layout.

Q. Before it would go to the necessary level for approval, is that right?A. That's correct.

Q. As part of the work of the Policy Control Team there was an audit done on existing policy, is that right?A. That's correct.

Q. How long did that process take, do you remember?A. It took quite a bit of time.

Q. What was involved in that process?A. It was having a look at all policy in the organisation and assessing two aspects of each of those policies. One, how old was the policy? When was it drafted and when was

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it last updated? And, secondly, how important was that policy in terms of the organisation? That enabled them to produce a policy heat map where they could see on a page what policies were most in need of remediation or redrafting.

Q. They were then given a ranking, weren't they?A. Yes. One to six, if I remember, or something like that.

Q. Turn ahead to p.1477. There's a heading Policy Gaps, do you see that?A. Yes.

Q. Part of this process not only identified policies that had been out of date or overdue for review, but areas where the council didn't have policy at all, correct?A. That's correct.

Q. Over the page on 1478, there was an asbestos policy identified as being a gap?A. Yes.

Q. And then that was, you recall that as being a priority one gap, correct?A. Yes.

Q. If we turn ahead to p.1494, please. You should have a table?A. Yes.

Q. And the third entry is Asbestos Policy?A. Yes.

Q. There's a State model policy for this but council has not adopted a policy position, do you see that?A. Yes.

Q. And do I understand from your evidence earlier that at this stage, this time, being May 2016, you were not aware that consideration of adopting a policy had been underway since at least early 2013?A. No, I wasn't.

Q. The column Identified By, C&CO Infrastructure and Strategic Assets, do you see that?A. Yes.

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Q. At that time did you consider that that part of the council was best placed to advance the development of the asbestos policy?A. Well as I said in earlier evidence, at this stage it was regarded primarily as an asset management challenge.

Q. And your view came to change later, is that right?A. Yes.

THE COMMISSIONER: Sorry, does "identified by" mean they've got that group's, or that Directorate's got responsibility to do something, does it?A. That's my understanding, sir.

MR GLOVER: And it's given a high upper risk outcome, and you certainly - I don't need to take you to that. Priority one. What was the intention with priority one policies, whether by Gap or needing to be updated?A. Priority one meant that it was to be done now.

Q. We know that it wasn't done now, in the sense that it still wasn't done by mid-2017, correct?A. It wasn't done now.

Q. Do you have an explanation as to why it hadn't been done by mid-2017?A. No, I became aware that it hadn't been done by early 2017. There was an expectation --

THE COMMISSIONER: Whose responsibility - sorry, you finish your answer. Sorry, you finish your answer?A. That they would be working on it between - from this time, from mid-2016, with a number of other high priority documents.

MR GLOVER: In these questions I don't suggest it's the only thing going on at council?A. Yes.

Q. But it was a high risk, priority one, and you certainly expected the area tasked with the responsibility to prioritise it, correct?A. Yes.

Q. And whose responsibility to your mind was it to prioritise it?

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A. Sorry, I don't understand.

Q. C&CO have been identified as the area within council with responsibility to develop this policy?A. Yes.

Q. Is there anyone in particular that should have been driving that process?A. Well the buck stops with the Director of C&CO.

Q. Who was that at the time?A. I think Mr Corbett had left by that time

THE COMMISSIONER: It was Mr Nichols, was it, do you think?A. Yes, it was Mr Nichols.

MR GLOVER: Did you have any conversations with Mr Nichols about development much the asbestos policy that you can recall?A. I can't recall.

Q. And if it wasn't a priority for his area, that would be a concern to you?A. Yes.

THE COMMISSIONER: You probably said, I just can't find the date of this document.

MR GLOVER: The start of the memo is on p.1471 and --

THE COMMISSIONER: It's right back there. All of this is attached to that, right.

MR GLOVER: Correct.

THE COMMISSIONER: Right, sorry. Right, I've got it, thank you.

MR GLOVER: And my note is it's 26 May 2016.

THE COMMISSIONER: Thank you, yes. Thanks.

MR GLOVER: Was there any work done to monitor the development of these policies by the PCT?A. I can't recall. There more likely than not was. I think it met monthly, so it was in a position to be able to

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take updates monthly on what was being done or not done.

Q. Was it your expectation that the particular area within council responsible for the policy development would report into the PCT of their status of that task?A. Yes.

Q. Do I understand that it didn't - because of the number of policies concerned, it wasn't necessarily within the resourcing of the PCT to be chasing people up for that, correct?A. Correct.

Q. And those with responsibility were expected to advance that responsibility, is that right?A. Yes.

THE COMMISSIONER: This is not necessarily a question for Mr McKay. No doubt there's - where it's got consequence --

MR GLOVER: Sorry, which page, Commissioner?

THE COMMISSIONER: 1949 that you were asking the witness about, an asbestos policy, it's got - see where it's got "consequence F-NEG" - neg means negligible, I take it. What's F?

MR GLOVER: If you go to p.1491 --

THE COMMISSIONER: There's a key, is there?

MR GLOVER: Perhaps Mr McKay, if you do the same, if you turn to p.1491.

THE COMMISSIONER: Yes, F, financial. I see, yes. They weren't blood types.

MR GLOVER: No.

THE COMMISSIONER: O operational, PR political reputation. I see, yes.

MR GLOVER: I'll ask a question about it. You'll see at the top there's a consequence key. Do you see that?A. Yes.

Q. And a likelihood key?

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A. Yes.

Q. That's a form of matrix to arrive at the upper risk outcome of high and a priority level, is that right?A. That's correct.

THE COMMISSIONER: Thank you.

MR GLOVER: I'm going to have Mr Broad bring you Exhibit 11, please. You can fold up that big folder and Mr Broad might take a couple off your table. We'll come back to it after morning tea. If you just turn beyond the index and I think there's a tab marker. Turn beyond that. Then you see some page numbers in the top right-hand corner?A. Which bundle are we on?

Q. Exhibit 11. And on p.1 headed Summary of Groups/Teams Responsible for Asbestos Management. Do you see that?A. Yes.

Q. And the first box headed - describes the Asbestos Working Group established in early 2017. Do you see that?A. Yes. Yes, I do.

Q. Was that the group that you were mentioning earlier in your evidence today where you attended -- A. No.

Q. -- a meeting or -- A. No, I don't think so.

Q. Do you recall the Asbestos Working Group?A. Yes, I most certainly do.

Q. The asterisk here has it that you attended a meeting and then nominated Mr Anderson as an ongoing team member. Do you recall that?A. I do. I might just come back to my last answer.

Q. Yes?A. This so-called Asbestos Working Group may have been the group that met in early 2017 that I've mentioned a number of times in my evidence. It may have been, because those names are consistent with those, with my recollection of who was there at that meeting.

Q. And that was a group that had come together discussing

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asbestos related matters within the council, is that right?A. Presumably. I didn't know the existence of the group until I was invited to it, so it may have been a formal, quite mature group, within C&CO that had been doing work for a number of months on those other matters, but I was invited to this meeting and there discovered what it is they had been doing.

Q. So you certainly weren't involved in establishing the group?A. No.

Q. Or advancing its work?A. No, and nor was I the leader of the group. I don't know who lead that particular group, but I had concerns at the first meeting which I raised.

Q. When you say "concerns", what do you have in mind?A. Well they were proposing to do certain things such as distribute signage to buildings and doing other things. My concern was about how was this being coordinated and who knew about this and the extent to which senior management had been exposed to the plans that this group was formulating. To my reckoning this needed a senior management sponsor and it didn't seem, it didn't sound like it had one in this meeting that I attended, and I asked do you have a communication plan, because you're going out, you're proposing to go out to distribute signage to a whole host of buildings, some of which were tenanted, and I said that you need to think about just turning up to buildings with a sign that says, "This building contains asbestos" with a copy of registers, et cetera, you need to be thinking about an appropriate approach to how you're going to go and sit down with each of the tenants and explain the significance of the sign and where you're going to put it and what it means for them. So in other words, you need to think about what it is you're about to do. Not not do it, quite the contrary. It was clearly something that needed to be done for public safety reasons and for compliance reasons, but at this stage my observation of this group was that it lacked coordination and it wasn't approaching the tasks in a controlled manner.

Q. A group of well-intentioned staff trying to get something achieved but --A. Very well-intentioned staff.

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Q. Not necessarily following an optimal process to do it, is that your observation?A. That's precisely my observation. All of these people were extremely passionate about getting this done. This wasn't just something that they thought they needed to do to tick a box.

Q. Yes?A. They wanted to get this done. But I wanted to ensure that we were going to get it done right so my direction to the group, because I was the most senior person in that group, was that we need to immediately include a senior manager and brief the executive leadership team on what it is that's being proposed and ensure that it's going to be done in a proper way.

Q. Is that a convenient time?

THE COMMISSIONER: It is, so we'll have a break until 11.50.

SHORT ADJOURNMENT

THE COMMISSIONER: Are you ready again?

MR GLOVER: Yes.

THE COMMISSIONER: Go ahead Mr Glover.

MR GLOVER: Shortly before the adjournment you were referring to the asbestos working group that's referred to on that page of Exhibit 11 and you indicated you had a concern that the group needed a senior management sponsor?A. Yes.

Q. Why was that a concern to you?A. Because any initiative of this level of importance needed to be known to the executive leadership team, needed to be championed by them and resourced by them. This was a big deal what was being proposed.

Q. Did you have a view at the time about whether the issues being discussed by this group were known by the executive leadership team?A. I don't know.

THE COMMISSIONER: By big deal you mean this involved

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really significant across the board changes to council?A. It did, it did. And it carried risk in itself in that a group of people was about to go out and interact with members of the public about asbestos, and you needed a deliberate approach to that. You needed to understand what you were going to say when you were asking to put signage up in buildings that they occupied.

MR RYAN: That was the reference to the communications plan you made before morning tea?A. Yes.

Q. That's an important matter because asbestos is an issue which causes concern in the community?A. It's a motive so you need to understand in advance how you're going to explain what it is you're doing and why you're doing it.

Q. And in explaining reasons why you're doing things, in this case placing signage, it's important for people to have accurate information, correct?A. Yes.

Q. But not necessarily such that they become alarmed; is that right?A. That's right. And they need to understand the significance of the signage, what it's designed to achieve.

Q. And also their role, if any, in managing the condition of any asbestos containing material in their workplace?A. Correct, and if, for example, maintenance is going to occur on a site that they are the leaseholder on they need to direct the people coming in to do the maintenance to where the signage is and where the copy of the registry extract is, so the worker can avoid that asbestos affected area or at least treat it in accordance with the agreed standard.

Q. Another aspect of effective communications in relation to asbestos management is informing staff of the work that the council is doing in that area, correct?A. Yes.

Q. And that's important - I withdraw that. Why is that important?A. It's important so people get a degree of confidence. You want people to have confidence in what it is council's

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doing. Of course with confidence comes compliance, conformance, they will do what you ask them to do if they think you know what you're doing.

Q. Did you observe whether there was that confidence within the workforce in relation to asbestos management matters in the period 2016/2017?A. I think it became, certainly it became apparent in 2017 that at least within certain sectors of the workforce there was no confidence. Prior to 2017 no, no.

Q. Do you have a view as to why that change occurred?A. It certainly started to get prominence within council's work activities so it became generally known that council was starting to become very active in this area. I think it's fair to say if you look at the history of this matter between, certainly 2012 to 2014, the period we explored earlier, and then 14 through to early 17 and then 17 through to 18, and no doubt we'll touch on that later, you see progressive acceleration and resourcing of this particular issue.

Q. Particularly in 2017, correct?A. Particularly in 2017.

Q. That's really where the efforts and resourcing were ramped up, correct?A. Yes, by orders of magnitude.

Q. One of the reasons why that change in confidence, that is in 2017 there manifested a lack of confidence in parts of the organisation, is because there had become more knowledge of where council was placed in relation to its asbestos management approach during that period, would you agree with that?A. That's one explanation, yes.

Q. I'm going to take you - Mr Board will take Exhibit 11 from you and return to you Exhibit 82, page 1627 please?A. Yes.

Q. You've covered a lot of this in the answers you gave but just to orient you, this is a minute of a meeting on 2 March 2017 which you're being recorded as present?A. Yes.

Q. And you'll see there the background item 1, the action

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is C&CO to deliver asbestos policy and management plan and that accords with your recollection at that time?A. Yes.

Q. Then item 3 is the communication action plan, the matter we've just discussed, correct?A. Yes.

Q. I want to take you to item 2, training. Do you recall discussion about training?A. In general terms, yes.

Q. What can you recall about that discussion?A. Only basically what's written there. There was a conversation about what constitutes a competent person.

Q. Competent person in the context of the legislation?A. Yes.

Q. Turning the page to 1628, please?A. Yes.

Q. This is a nonconformance report dated 3 March 2017 prepared by Mr Johnston?A. Yes.

Q. So the day after this meeting. Are you familiar with this document? Have a read of it if you need to refresh your memory of course?A. General recollection of it, yes.

Q. Do you recall it coming to your attention in about March 2017?A. I think so.

Q. You'll see there that Mr Johnston was referred to a desk top audit he carried out on the asbestos management system for council, do you see that?A. Yes.

Q. Were you aware that he was going to do that process?A. No, I don't think so.

Q. You'll see under "results" there's various headings. The first is "asbestos policy" and then the last line Mr Johnston observes at the time of the audit there's no asbestos policy could be located, do you see that?

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A. Yes.

Q. "Asbestos register" is the next one and the conclusion of that section immediately above the heading "asbestos management plan" on page 1629, Mr Johnston observes an asbestos register was not present at several locations, do you see that?A. Yes.

Q. And then there's a heading "asbestos management plan". Then over the page at the foot of page 1630:

At the time of the audit an asbestos management plan could not be located.

Do you see that?A. Yes.

Q. None of those matters are a surprise to you as at March 2017, correct?A. No, because they were discussed the previous day.

Q. Correct?A. When Gary Johnston was present at the meeting of 2 March.

Q. Do you recall what happened with this report?A. No, I don't recall exactly what happened to this report.

Q. Do you recall whether there was any particular person or group within council tasked with looking at its contents and to the extent necessary responding to it?A. No, I don't recall. I do recall shortly after the meeting of 2 March Gary Johnston coming to my office, and it may have been almost immediately after that meeting, carrying a clutch of papers and saying certain things to me about the history of the organisation's dealings with asbestos.

Q. What did he say to you, do you remember?A. He made various allegations about the organisation's management or mismanagement of asbestos.

Q. When you say certain allegations what do you recall him alleging?A. He said things like council had allowed people to work

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on sites when there was no asbestos signage in place and they had directed workers to work on sites that were known to have asbestos and various other things. Look, the matters he raised with me were very serious and at that point I asked him whether he wanted to make a protected disclosure because I would assist him if he wanted to with the process so he could do so.

Q. You observed - I'm sorry?A. And he said no. But I did certain things anyway. I had a conversation with the executive officer of council about what had been said to me and I have conversations with a number of senior managers.

Q. Right?A. Mr Bruhn and Mr Nicholls about the matters that - about the things that Gary was saying.

Q. I'm just going to break that up a little bit if I may?A. Yes.

Q. Firstly, to your observation these were genuinely held concerns of Mr Johnston, correct?A. Very much so.

Q. He was passionate about this area?A. Extremely passionate about it.

Q. And dedicated to it?A. Dedicated to his role. He'd been doing this role for a number of years and because of the nature of his role he was an asset inspector, he was in a position to make these observations.

Q. In that bundle if you just turn ahead to page 1724A, there's a few pages with that label so if you just find 1724 and I'll take you to the first page of this document?A. Yes.

Q. There's a memorandum from Mr Johnston to Mr Greenwood of 30 May 2017, do you have that?A. Yes.

THE COMMISSIONER: Sorry, which page again?

MR GLOVER: 1724A.

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THE COMMISSIONER: Yes, go ahead.

MR GLOVER: And then over the page there's a heading "problems/issues", this is the second page of that document and about halfway down that section you'll see a sentence commencing:

On Thursday 2 March 2017 I met personally with Grant.

Do you see that?A. Yes.

Q. Just read that and the following paragraph and then I'll come - let me know when you've finished.

THE COMMISSIONER: Just while the witness is reading that, because there's more than one 1724A.

MR GLOVER: Yes.

THE COMMISSIONER: I'm looking for the spot you were --

MR GLOVER: If you start on the cover page of the memorandum.

THE COMMISSIONER: Yes, I've got that.

MR GLOVER: It's the second page of the document.

THE COMMISSIONER: Second page, yes. Under "problems/issues"?

MR GLOVER: Yes, and it's the paragraph commencing: On Thursday 2 March 2017.

THE COMMISSIONER: Yes, got it.

MR GLOVER: Down to the end of that section.

THE COMMISSIONER: Yes.

WITNESS: Yes.

MR GLOVER: And that's the meeting you were just referring to?

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A. It is.

Q. Do you generally agree with Mr Johnston's account of it?A. Generally, yes.

Q. Are there any parts of it which you disagree with?A. Well I can't agree or disagree with his level of shock, that's matter for him.

Q. Quite?A. But, yeah. I took what he said seriously.

Q. Yes. You'll see there that Mr Johnston says he suggested that an investigation would be prudent, or words to that effect?A. Yes.

Q. And in an answer earlier you said that notwithstanding Mr Johnston didn't want to make a public interest disclosure you took steps to do that?A. Yes.

Q. Set those out for us, please?A. I had meetings very shortly after because of the level of seriousness with those two senior managers and I also sent emails to them. Those emails will be on the record. I made it clear that the matter did need to be investigated and investigated properly, and that's what I expected to see and that's what I was going to ensure occurred. The question of who was going to do the investigation was a matter for us to determine, principally the two senior managers involved to determine, but I would have a stake in that as well.

Q. Just refresh me, the two senior managers were Mr Bruhn?A. And Mr Nicholls.

Q. Who ultimately did it fall to to conduct the investigation?A. I believe so.

Q. Who did it?A. I can't recall exactly which but yes, it was examined by both.

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Q. Yes?A. Because they both had a stake in the matters that were being alleged.

Q. Was there an outcome?A. I can't recall if there was a report that they produced or not. I can't recall.

Q. Did you get an informal update as to their progress?A. Yes, and there was email exchanges as well.

Q. Doing the best you can, what was the content of that update?A. May I refer to my notes?

Q. Of course you can.

THE COMMISSIONER: Sure.

WITNESS: I can't recall the exact outcome but the matters were brought to a head on 15 May 2017 anyway, or thereabouts, when SafeWork intervened in relation to Springwood depot. So what occurred between 3 March and mid-May I can't recall the exact sequence of events. No doubt it's disclosed in emails and other documents you may have. I don't have a note in my notebook about exactly what the sequence of events was.

MR RYAN: But in any event you having discussed it with Mr Bruhn and Mr Nicholls were satisfied that it was being looked at by one or both of them?A. Yes.

Q. And it was up to them to at that stage conduct that investigation?A. To cause an investigation to occur.

Q. Yes. If you go to page 1701 please. This is a memo from Mr Kitching to Mr Bruhn 3 May 2017, do you have that?A. Yes.

Q. The introductory words say that the memo seeks to explain council's current position regarding asbestos management and the development of a centralised plan?A. Yes.

Q. It's evident from this memo, and we know that work was

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still ongoing but I want to take you to the paragraph commencing "populating the MAP" towards the foot of the page?A. Yes.

Q. Mr Kitching says: Populating the MAP with current updated and controlled procedures requires a cross-directorate participation to ensure each operational procedure/document is referenced in the MAP and included in the appendices.

Do you have that?A. Yes.

Q. That was an appropriate approach, do you agree?A. Yes, it's an appropriate approach. Ultimately not what we decided to do.

Q. Why?A. Because we decided not to use the model asbestos plan. We decided --

THE COMMISSIONER: Model asbestos policy?A. Policy, yes.

Q. Thanks?A. We decided to take a bespoke approach and draft from scratch.

MR GLOVER: Dealing with - setting aside whether it's the model policy --

THE COMMISSIONER: Can I just ask why did you think that was a better approach?A. We thought it would be a better approach because it would require us to attend to each detail and make sure each detail is real and matches what it is we're actually going to do. We didn't want to fall into the trap of populating a template which wouldn't be a living document, it would be a fast-track perhaps to some level of compliance.

Q. Right?A. But not what we wanted. So we were going to do this,

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and I'm speaking now to the establishment of the group that I led that drafted the plan, we wanted to make sure we did this right.

Q. All right. So one size fits all might be okay for some councils but you thought for Blue Mountains --A. We needed a different approach.

Q. Yes, thanks?A. Because clearly we had some control issues that needed to be properly addressed.

MR GLOVER: Leaving aside whether it was the model policy or the bespoke policy that you ultimately pursued, do you agree that developing and finalising that policy using a cross-directorate approach was a good way to go about it?A. Absolutely.

Q. And that should have been the approach from the very beginning?A. It should have been, yes.

Q. Why?A. Because that way you ensure consistency. You will, one, draft a plan that reflects a whole of organisation approach. It sets a standard for the entire organisation and it will be capable of coordinating the entire organisation. Rather than simply saying to each directorate, "Come up with your plan as to how you're going to manage your part of the asbestos challenge". We wanted something at high level for all of the organisation.

Q. Yes. On this theme if you turn ahead to page 1721 please?A. 1721A?

Q. 1721?A. I have 1720 and then 1721A.

Q. That's helpful. Mr Broad might be able to help perhaps.

THE COMMISSIONER: 1721A is what you --A. I now have it.

MR GLOVER: No, it's 1721. I think there might have been a sequencing error in the bundle.

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THE COMMISSIONER: I've got 1721A. That's a 10 May 17 minutes.

MR GLOVER: Yes. This is a meeting, it doesn't identify the group but it appears to be a working group headed "ongoing asbestos inspections", do you see that?A. Yes.

Q. You're recorded as being --A. As being present, yes.

Q. Do you have a general recollection of the meeting?A. Not really.

Q. That's all right. Item 1.1, there's a general discussion around what is in place relating to asbestos management, noted a range of protocols and SafeWork plans/methods statements already in use, do you have that?A. Yes.

Q. Do you recall what that discussion, or do you recall a discussion around those topics?A. Yes.

Q. What were the protocols and SafeWork plans or methods statements that were being discussed?A. I beg your pardon, can you repeat that?

Q. What were the protocols and/or SafeWork plans methods that were already use in use at that time?A. There were already work method statements and other things used by workers in the field and they'd been in place for a long time. But that wasn't enough. It needed an overall coordination.

Q. What was being referred to there were those individual policies or work statements sitting within particular areas within council, correct?A. Yes, sitting deep in the business.

Q. And by this stage you were certainly of the view that it needed a more broad approach from across a whole of the organisation, correct?A. Yes.

Q. And that's what referred to as a whole of council

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approach?A. Yes.

Q. And that is along the same vein and what we've just discussed on the previous document, correct?A. Correct. If we don't have that approach then even if we get up-to-date with all of the documents and processes we need we'll quickly fall out of date because there's no way of being able to stay up-to-date with changes in legislation standards and practices. There's no way of being able to systematically feed it back into revisions of documents so we needed that approach so we didn't fallback into this situation again.

Q. Yes, and not only to keep up with changes but to ensure baseline compliance, correct?A. Ensure baseline compliance and also to ensure that things like training, inspections and assessments, et cetera, are incorporated into your approach.

Q. Item 3.1:

Each directorate is well-covered in relation to asbestos management through a range of protocols and SWMS.

Which is?A. SWMS, SafeWork method statements.

Q. Sitting here today do you hold that view?A. I think that would be - I think that was an optimistic assessment but not completely in error. I just think it's overly optimistic.

Q. In May 2017 and up until SafeWork's first intervention the following week?A. Yes.

Q. So up until immediately prior to SafeWork's intervention in mid-2017, was that a view held by senior management in the organisation?A. I don't know.

Q. Did you ever get a - did you have a conversation with any senior manager in the organisation about the state of the council's asbestos management plans or policies?A. Probably not in any detailed way until after the first

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notice was issued.

Q. Right. And after the first notice was issued those conversations became more prevalent I assume?A. Yes.

Q. Did you have a conversation with Mr Greenwood about it?A. I probably had very - a lot of conversations with Mr Greenwood about it.

Q. From those conversations did you form a view about whether Mr Greenwood was aware prior to SafeWork's intervention of the state of the council's approach to asbestos management matters?A. I think it was probably a matter that he had been led to believe was more under control than it was.

Q. Why do you say that?A. Based on my conversations with him.

Q. What did he tell you about that?A. I can't remember it word for word but my general recollection is that he had probably been led to believe that we were in better shape than we were. Because it was clear to me in my subsequent conversations that it was a matter that he took very seriously. So when the picture unfolded more fully, he certainly sprang into action and it wasn't simply because SafeWork had issued a single notice. SafeWork issues notices frequently on organisations. It's that the full extent of the work that we needed to do and the pace at which we'd been doing it in the previous period was - probably didn't, wasn't consistent with his understanding.

Q. You agree that it's important for the general manager or the CEO to have accurate information about council's approach to, in this case, asbestos management matters, correct?A. Yes, I do agree with that.

Q. And you'd agree that it's important for the general manager to have an accurate understanding of the level of the council's compliance or otherwise with its statutory obligations in that respect, correct?A. Yes, and that's a two-way operation because the correct information has to be given to him and he has to

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seek the correct information as well.

Q. Yes. Your observation was that he wasn't getting the correct information prior to SafeWork's intervention in May 2017?A. I don't - I'm not suggesting people were deceiving him. I just think that he wasn't being given as much information and of the right type for him to form a completely accurate picture where the organisation sat.

THE COMMISSIONER: Did you express that opinion to him?A. I certainly expressed the opinion that there was a lot of work to be done and that we weren't under good control here.

MR GLOVER: Appreciating that you describe it as a two-way street. One, the information coming up and, two, the obligation of the general manager to seek it. But in terms of information coming up, would you agree that it's the obligation of the leader of that particular area within the council to ensure that accurate and reliable information is being reported to the executive leadership team?A. Of course, of course. There are numerous things to contribute to that and one of the things that contributed to that was an immature safety system. Certainly it had been made very plain to Robert and very plain to Stuart that the safety system was not mature. Because only with a mature safety system will you get proper elevation of information to senior management. That's one of the functions of the system. Now they were aware of that because I had been beating the drum for the safety improvement project by that stage for a good year and a bit, and we were making some advances, they were slow advances but we were making some improvements.

Q. Dealing with the second half of your two-way street, that is the obligation to seek the information. To your observation was it Mr Greenwood's style that he would go and actively seek information about safety matters?A. I think he would but he would do it in the context of the chain of command. I can't recall any direct requests of me for information or direct requests of Trevor for information, so it would have gone through Stuart.

Q. When you say chain of command, he would have gone to one of his immediate reports on the ELT?A. Yeah, he would have gone to Stuart or he would have

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gone to Luke or would have gone to Mark when Mark was there to get that sort of information.

Q. Of course, the quality of the information that they can give depends on a filtering up to them, correct?A. That's right.

Q. By way of example only we've seen some descriptions and some memorandums prepared by Mr Kitching earlier today which you agreed was charitable or not accurately reflecting the true state of the position back in 2013, correct?A. Yes.

Q. On about 8 June, I don't expect you remember to the particular date, but an asbestos management project team was established, do you recall that?A. Yes, I do.

Q. Were you involved in establishing that team?A. I was requested by Robert and Stuart to lead that team.

Q. What was the function of that team from your perspective?A. That team was designed to do a number of things. Its major goal was to build a real asbestos management plan and policy for the organisation. That was its major goal. But of course in so doing that there were lots of controls that needed to be built or improved so the approach we had to take was to ensure that the asbestos register was completed so we had basically a document, a very big document, three or four separate documents in fact, that were in PDF form. Not really usable in PDF form. They needed to be converted into a database. There's a lot of work that goes in converting 7 or 800 pages of very fine information into a database. An entire approach to communication needed to occur in terms of signage, in terms of placements of signs, in terms of ensuring that proper consultation occurred. But first and foremost our most immediate priority was the identification of high risks.

Q. Was the group set up in response to SafeWork's intervention the month prior?A. I don't think it was directly in response to, but certainly it was - it became more acute. It became more acute once the matter was in the hands of SafeWork because

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then we had a clear imperative. SafeWork had directed us with an improvement notice to produce a management plan by a particular date and they had certain expectations about what the plan would look like and what it would - because not only did they want a plan drafted but they wanted it implemented.

Q. Did your work on this team dominate your time from this period on?A. 100 percent.

Q. Both inside this team and when it switched to a different arrangement, which we'll come to, you had ongoing dealings with SafeWork throughout the rest of 2017 and into 18?A. And into 18, yes.

Q. Again, was that dominating your time?A. Yes.

Q. In dealing with SafeWork did you have a particular - I withdraw that. I'll come to that later. Mr Johnston was a member of that team on its inception, wasn't he?A. He was. He was specifically requested, as were a number of other people.

Q. But Mr Johnston decided to leave the team shortly after its commencement?A. He did.

Q. Did he tell you why?A. He did tell me why, because I asked him. He said because, "Grant, I believe you have control of this issue now. Not the whole asbestos problem of course", but he said, "I have faith in what you're doing and I believe you're on the right track". I requested him to stay.

Q. He declined obviously?A. He declined but I wanted him on the team. And I wanted a number of other people on the team as well and they declined.

THE COMMISSIONER: There's a memo from Mr Johnston at 1724B.

MR GLOVER: Yes.

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THE COMMISSIONER: It just says:

I have my own reasons and I ask you accept them.

A. Yes.

MR GLOVER: I can take you to it. There's an email at 1724B, so it's just after that memorandum from Mr Johnston that you were looking at earlier. Do you have that?A. Yes.

Q. An email from Mr Johnston to you of 28 June. The first paragraph:

As you are aware late last week I decided to withdraw. I have my own reasons for doing so. I respectfully ask that you accept my decision.

In your evidence earlier you were referring to a discussion with Mr Johnston?A. Yes.

Q. In that discussion you tried to convince him to stay, did you?A. Yes. Having said that, I know from experience that getting people to do things against their wishes does not work out well in the long-term.

Q. Yes. When you were trying to convince him you weren't pressuring him of course, you were just --A. No, and I don't think it was within my authority or remit to force him to stay in the team, despite the fact that I wanted him to the team. And I made it clear to him that I wanted him in the team. And that wasn't just because I thought he was a good person, it was because I thought his contribution was necessary because of his corporate knowledge.

Q. Thank you. 1740 please. This is a memorandum from Mr Greenwood to service delivery managers and others of 29 May 2017?A. Yes.

Q. Have you seen this document before?A. Yes.

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Q. In the third paragraph Mr Greenwood says:

You will also be aware a SafeWork New South Wales inspector will attend at Springwood depot on 15 May and issue council an improvement notice.

A. Yes.

Q. You recall that as being the SafeWork intervention in this period?A. Yes, I do.

Q. Mr Greenwood says:

Although the inspector was complimentary of our actions taken to address the immediate issues at Springwood, our broader asbestos management plans and processes need to be improved.

Do you see that?A. Yes.

Q. Were you aware of what Mr Greenwood was referring to when he says "the inspector was complimentary of our actions"?A. I can't recall exactly. I had - the inspector in question was Greg Maddaford and I had had lots of dealings with Greg and spoken to him at length about Springwood and other matters.

Q. You'd liaised with him fairly regularly in the second half of 2017?A. Greg Maddaford?

Q. Yes?A. Yes.

Q. Both in relation to the improvement notice requiring the development of the asbestos management plan?A. Yes.

Q. And other aspects of SafeWork's involvement, correct?A. Yes.

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Q. How would you describe your working relationship with Mr Maddaford?A. It was excellent.

Q. You would go to him for certain guidance and advice, would you?A. Yes, to the point where on a particular day June, July, I can't remember exactly when, a group of us travelled to Baulkham Hills to SafeWork's headquarters and over an entire afternoon sat down with Greg. He very kindly gave his time to us and we went line-by-line through the asbestos management plan, the draft that we had at that stage.

Q. Head to 1741, the very next page, please?A. Yes.

Q. The Centium Immediate Actions Report, do you have that?A. Yes, I do.

Q. Do you remember this report?A. I do.

Q. Were you responsible for engaging it?A. I can't remember if it was me or Stuart Liddell or someone else, but certainly the concept of a report was part of what I believe we needed to do.

Q. Why?A. Because we needed, number one, some specific third party expertise in the step-by-step development of an asbestos management plan. We needed that to ensure that people had confidence in what we were doing. Although collectively the team had a certain amount of expertise, it didn't have sufficient expertise to be able to say we knew everything about how to put a plan together. Number two, we wanted an impartial third party to come in and assess our immediate risks. So we had a very large document, series of documents, the asbestos audits that highlighted a large number of actions. So we wanted was someone to cast their eye over that and identify the things that we needed as a priority to confirm had been done.

Q. That's not only to comply with the SafeWork notice?A. No, that was pure safety.

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Q. Yes?A. That was pure risk management.

Q. Now in early June 2017, SafeWork has intervened the month prior, more awareness of the council's state of asbestos management through policies, plans and registers was becoming known within management, correct?A. Yes.

Q. And had you at about this time formed a view about what had led council to be in the position it was in mid-2017?A. I think this goes back to the evidence I gave at the very beginning.

Q. Yes?A. In that there was an awareness of what needed to be done but there wasn't sufficient coordination to be able to bring it into being. That coordination needed to be sufficient to be able to work across directorates. So there wasn't negligence, there wasn't a decision that had been made by people not to do this because we didn't want it done. It was that despite their best of intentions, despite a number of groups being formed and memos being produced and directions being given, the effort up to that date was stop/start.

Q. Yes. Turn to page 17775, please. Do you have an email from Mr Greenwood to Mr Long copied to you, amongst others, on 8 June 2017?A. Yes.

Q. The subject is "directive to cease intrusive works"?A. Yes.

Q. In the third line of his email Mr Greenwood says he wants all decision-making centralised with consistent decision-making with all approvals and terms recorded, do you see that?A. Yes.

Q. That's given in the context of ceasing intrusive maintenance, but it had wider application in the context of safety, correct?A. It did.

Q. It was an important part of the change in approach in

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about mid-2017 to centralise those matters, correct?A. Yes.

Q. And that was a far better way of going about it than the decentralised approach that had been in place before, you'd agree?A. I do agree. Now we had a fully engaged leadership team and CEO.

Q. 1781 please?A. Yes.

Q. It's the email from you in the middle of the page to a SafeWork email address copied to Mr Maddaford of 31 May 2017, do you have that?A. Yes, I do.

Q. In it you're reporting an incident to SafeWork that you believe to be notifiable?A. Yes.

Q. As part of your working relationship with Mr Maddaford you'd bring matters to his attention proactively; is that right?A. Correct.

Q. And in doing so were you able to resolve those issues without the need for particular SafeWork intervention?A. Yes.

Q. You did it on a number of other occasions, correct?A. Absolutely.

Q. In the second to last dot point of your email on 1781?A. Yes.

Q. You refer to:

The results of the Level 2 investigation will be fed into an ongoing organisational wide project to enhance and formalise asbestos management arrangements.

Do you see that?A. Yes.

Q. Part of that was the development of an asbestos

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management plan by this stage?A. It was.

Q. Did you have anything else in mind?A. Yes, we also had incident response procedures, we had a suspicious fines procedure that needed to be developed. The plan in itself points to a number of other procedures and process documents that have to be created and those have to describe actual practice that occurs in the workforce.

Q. Is that what later became, if I've got the name incorrect forgive me, but the asbestos standing operating procedures which had a number of flow charts as to --A. Yes.

Q. -- "if there's, then do this"?A. Yes.

Q. Across a number of situations?A. Yes.

Q. 1783 please?A. Yes.

Q. These are some minutes of a WHS safety committee at Springwood. You're not there but there's two issues I just want to ask you about. On 1785, this is part of a long item 2 asbestos update, you'll see at the top of 1785 the minutes record Mr Hahn reporting in the third dot point money for asbestos training has been cut, do you see that?A. Yes.

Q. Are you aware of whether that was an accurate report?A. I don't think that's an accurate report. We had a blank cheque at this stage. We would have paid anything for training. There were no cuts. We were spending money every day.

Q. In particular in relation to training do you recall what was being done to develop --A. We were engaging trainers to do training. I was approving thousands and thousands of dollars to be allocated for all number of things.

Q. In general terms what types of training were you rolling out?

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A. We were rolling out asbestos awareness training. We were rolling out certifications for I think, it's A and B certified people to be able to remove asbestos. We were rolling out training eventually in conformance with the actual plan and all the procedures underneath it. So there was a lot of training involved. And that accelerated as we moved towards having a plan, a final plan that we could actually train people in.

Q. Was one of the ultimate pieces of training the development of train the trainer courses?A. Yes.

Q. And tool box talks and things of that nature as well?A. Yes.

Q. In the next point Mr Anderson reports a concern about communication and gives an example of an asbestos issue in IT. But just on the topic of communication generally, I think in an answer you gave earlier you mentioned that in about this time there'd become manifest a level of lack of trust in management on asbestos issues?A. Yes.

Q. And communication was obviously an important part of overcoming those issues?A. It was crucial.

Q. What work was done on communication issues about that?A. We did a lot of communication.

Q. Can you give me some examples?A. Specifically in relation to that IT issue. We informed people about what was going on within the limits of what was necessary, and our inclusiveness probably got greater as we went along. We were maybe at the very beginning a little bit more conservative in terms of exactly how we communicated. So that particular matter, which was in the basement of the building, was being very well-managed from a technical standpoint and we'd spent a lot of money to manage that particular issue, and we had ensured that everybody who was a stakeholder in that matter, that is everybody works in the IT department and everybody that could have reason to go into the IT department or anybody that was working at the time that the works were occurring, would be aware of why that area had been closed off.

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Q. Leaving aside that particular incident, more broadly in the context of the council's asbestos management approach from mid-2017 onwards?A. Yes.

Q. Did you foresee a need to better communicate not only what was being done but provide people with information about asbestos?A. Yes, absolutely.

Q. What was done in that area?A. We were communicating regularly and it'll be on the record. Copies of the communications that we put out will be on the record and I can't recall each and every one because there were many. But the fact is that as we progressed, you know, communication is a vital part, a specific part of an asbestos management plan. So we had regard to it.

Q. And ineffective communication on issues of risk, particularly emotive ones like asbestos, can impede an organisation's ability to effectively manage that risk, would you agree?A. That's right, but communication is, you know, a vexed issue. How much is enough? For some people it's never enough.

Q. If you turn ahead to page 1799, please?A. Yes.

Q. It's an email from you to Ms Kolar. She was providing assistance to you or a member of your team at that time?A. She was.

Q. You refer to "notes used by Stuart and I to brief the council last night"?A. Yes.

Q. And if you just turn to page 1800?A. Yes.

Q. There's two pages and there's a page in between I think missing and we'll find that for you. But these are your notes?A. Yes.

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Q. Do you remember delivering this briefing?A. In general terms, yes.

Q. Did you deliver briefings to the governing body on this issue regularly at this time?A. Fairly regularly, yes. This brief is an aide-memoire, it's not simply something that I read off.

Q. No, quite. You would have spoken to the points?A. Yes, that's right.

Q. Do you have a recollection of the engagement by the governing body in these issues?A. They were very engaged.

Q. Asking questions?A. Yes.

Q. Were they expressing concern to you about the state of affairs?A. Concern, understanding, support. They were interested in what we were doing. They were interested in the impact that it was having on us in terms of our management of this issue. No, they were a great source of support for me personally and the level of engagement was very high.

THE COMMISSIONER: Sorry, can you give an example of that, the support?A. On numerous occasions councillors would come up to me and ask me how I was.

Q. Right?A. Right. They would not ask me questions about what I was doing but they would ask me questions about how I felt and my well-being.

Q. Personal concern for you?A. Personal concerns. And that meant a great deal to me because 2017 and early 18 was a very difficult period.

Q. Yes, sure?A. And it was taking a terrible toll on my team and I was concerned about their welfare.

Q. Right.

MR GLOVER: Similar to the briefing you gave to the

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governing body on this occasion, did you give similar updates to the audit and this committee on these issues?A. Yes.

Q. I'll show you an example of a minute from 6 July.

THE COMMISSIONER: This is a hard copy, is it?

MR GLOVER: Yes. The copy's not great. You were an ongoing invitee to these meetings in your position?A. I was.

Q. You would provide updates to the committee from time to time on a number of risk issues, correct?A. That's correct.

Q. If you turn to the third page of the minute headed "internal audit".

THE COMMISSIONER: Page 3, did you say?

MR GLOVER: Yes?A. Yes.

Q. "4.1, internal audit action list updated"?A. Yes.

Q. About a third of the page down "KS" which is Councillor Schreiber raises a question:

The audit on the asbestos. Council believe the issue is now well in hand. Is it a major health concern to staff and public? .

Do you see that?A. Yes.

Q. Do you have any recollection today about that discussion?A. Not any word for word, just that Councillor Schreiber was particularly interested and asked many questions in meetings. He always responded to those answers that we gave, he was engaged and he was one of the councillors who was supportive of the efforts we were making.

Q. I may as well tender that now, Commissioner.

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THE COMMISSIONER: Do you want it, this is partly asking Mr Broad also what's easiest, as a separate exhibit or can it be fed into 82? I don't care.

MR BROAD: It can be fed into 82 but it will mean the electronic will be a separate exhibit.

#EXHIBIT 121 - AUDIT AND RISK COMMITTEE DRAFT MINUTES OF 6 JULY 2017.

THE COMMISSIONER: Just while Mr Glover is getting organised, on the matter you raised about personal support, would I be right then that your evidence would be that through this difficult period of 2017 through to some time in 2018 there was broad support from the governing body to those people within management staff of the council that were addressing asbestos issues?A. Yes, yes. Excellent level of support and trust was being expressed in what we were doing.

Q. Right?A. And on some occasions it was the only thing that got us through.

Q. That was an extremely important matter from point of view?A. It was, we were doing this - I mean I had a group of people who were working 12 hours a day.

Q. Yes?A. With best of intentions, they were good people. And we were doing this in the context of being ridiculed on radio and amongst some of our own staff.

Q. Yes?A. And it was unconscionable.

MR GLOVER: Page 1873 please, Mr McKay?A. Yes.

Q. 1873, do you have that?A. I do, sir. 73A or --

Q. No, 73?A. Yes, I've got.

Q. It's an email from Mr Greenwood to all staff, 7

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August, have you got that?A. Yes, I've got that.

Q. Here Mr Greenwood refers to the transition from the project team to a working group arrangement from 7 August, do you have that?A. Yes, I do.

Q. Do you recall that happening?A. I do.

Q. How did that work in practice?A. In practice it wasn't a great change from what we were doing.

Q. Day-to-day you continued to work with the same group of people?A. Yes.

Q. To address the same issues?A. The same group of people, in fact an expanded group if anything.

Q. More resources?A. Yes. It was supposed to be the transition into a business as usual approach so that we could, we knew this was going to be protracted. In that meeting with Greg Maddaford at Baulkham Hills, for example, Greg had recommended to us that we seek an extension on that notice. And he recommended that because he saw, one, the good work that we were doing and, two, the enormity of the implementation challenge and he wanted this done well so he suggested that we do apply for that. We knew at that stage we were in for the long haul, this was going to take many months so we needed to transition to another arrangement.

Q. That is transition away from the specialist team stood up to deal with a particular issue and integrate it as part of the ordinary function of the business?A. That's correct.

Q. But in day-to-day reality this was your new business as usual?A. This was the new business as usual, yes.

THE COMMISSIONER: Your answer then just in raising Mr Maddaford again just prompted me with a question, a

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couple of questions I wanted to ask you. I want you to leave this aside but I assume you're aware of the Ombudsman's recent report?A. Yes.

Q. About a couple of the notices that SafeWork issued. Leaving those notices that were the subject of the Ombudsman aside, of course there's many other improvement notices and the like that SafeWork issued from 2015 onwards that Mr Glover's talked to you about. I think you've already said the relationship that you personally had with Mr Maddaford, and I assume your view was also the council with SafeWork was one, first of all, of cooperation?A. Yes.

Q. And please don't think I'm prioritising this but SafeWork as an organisation by sitting down and talking with you as well as issues notices played a role that was not insignificant in the council improving its asbestos management?A. Most definitely, most definitely.

Q. Would I be right in thinking that once SafeWork's involved you've developed a relationship with Mr Maddaford that council is cooperating with SafeWork, as you say that it almost becomes more of a formal partnership?A. In the early stage it was a partnership.

Q. Yes?A. In the early stage there was an understanding at least expressed by Greg Maddaford that we were on track.

Q. I'm excluding from my commentary there or using the word partnership any notices the Ombudsman's declared to be invalid for whatever reason?A. Yes, no, that's right.

Q. Thank you?A. But the relationship did change.

Q. Yes?A. It changed materially and --

Q. Please go ahead and explain that if you want to?A. It changed materially because the extension that we'd been granted by SafeWork on the notice to finalise and implement the asbestos management plan had a revised date,

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I think either 15 January or 15 February 2018.

Q. Yes?A. And that was agreed and it was agreed with --

Q. I just want to say October 17, am I wrong about that? The witness may be - you may be right?A. No, it was two --

MR GLOVER: There are two different dates I think, Mr McKay.

THE COMMISSIONER: Right. Go ahead?A. So we were moving very steadily and appropriately towards achieving the goal that had been set for us by SafeWork. However a number of months prior to that notice date being reached we were issued with a second notice in respect of not having implemented our asbestos management plan.

Q. I see?A. Which seems to me to be manifestly --

Q. Inconsistent?A. Inconsistent.

Q. Yes, right?A. And of course I also remember very exactly my engagement with Kathryn Heiler on the phone at Wentworth Falls Preschool.

Q. You better just say who she is for the record?A. She's the director of SafeWork.

Q. Right, yes?A. Where two inspectors that I had conversations with, and that was the occasion in which there was the steadily escalating over a period of an hour and a half from no action to be taken to a prohibition order being issued.

Q. Is this during the period of, let's just call it widespread media coverage?A. That's right. And this is when the relationship changed materially.

Q. Right?A. When I asked to speak to Kathryn on the phone because

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the two inspectors that I was dealing with, and dealing well with and they were cooperating and explaining themselves, so they said yes, you can talk to Kathryn. I got in their car and had a conversation with Kathryn where I - when I commenced to ask questions about what was occurring she simply shut me down.

Q. What do you mean by she simply shut you down, what does that mean?A. Well she basically, in no uncertain terms she sat me on my arse by telling me, "You will not talk to me in that manner. I'm the one talking here. I'll ask the questions. You don't ask the questions". I said, "Well I'll need to discuss that with you tomorrow at our meeting".

Q. What were the questions, what was the topic of the conversation you were having?A. The topic of the conversation was, "Why did this engagement today start with your inspectors saying to me no action will take place because I've got a report from Airsafe saying that the area is safe all the way to a prohibition order in the space of 90 minutes?"

Q. Right?A. Why did that occur?

Q. And you didn't get an answer to that?A. Well I got sat on my rear end.

Q. You didn't get an answer?A. I didn't get an answer.

Q. Right, okay. Is there anything else about that conversation you'd like to get off your chest?A. Not really. That's when the relationship changed.

Q. All right, I see. You say that --?A. For me.

Q. Approximately what date was this, was it February 18?A. I think it probably was. I can't recall exactly.

Q. That's at least from your perspective when the relationship changed from one of cooperation and partnership to one where the regulator was - this will be my word and you can change it if you want - taking a more aggressive stance?

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A. Yes, and mind you I also had a number of "I said he said" conversations with inspectors.

Q. Yes?A. Some of which had been passed to the Ombudsman.

Q. Yes?A. That are incredibly revealing of why the relationship changed.

Q. All right. Is that a convenient time?

MR GLOVER: Yes, if I might just close up on that interaction at the kindergarten is early December 2017?A. Could be, could be.

Q. Does that accord with your recollection?A. Yes.

Q. Thank you Commissioner.

THE COMMISSIONER: Thank you, we'll adjourn until 2 o'clock then.

<THE WITNESS WITHDREW

LUNCHEON ADJOURNMENT

<GRANT McKAY, recalled: [2.05 PM]

<EXAMINATION BY MR GLOVER: (Continuing)

Q. Mr McKay, just a couple of follow up questions on some answers you gave the Commissioner before lunch?A. Sure.

Q. You mentioned that there were, that you considered there were staff who were undermining the process and efforts you were making in the second half of 2017 to drive the council's development of its asbestos management processes forward, have I understood that right ?A. Not quite. There were staff who generally worked against the reform of safety management more generally, not so much the Asbestos Management Plan.

Q. I see?A. There were staff who were agitating in relation to the

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council's management of asbestos and some of that agitation was constructive, some of it wasn't constructive.

Q. Dealing with the first part of that answer where you rightly clarified the staff who were undermining the process of the wider safety improvement project, who were they?A. Mr Anderson.

Q. Anyone else?A. I'm reluctant to mention anybody else by name because I'm not sure they were specifically trying to undermine the project, I just think they didn't have the focus or general ability to be able to add to it.

Q. So it was a skill issue?A. Yes.

Q. Rather than a deliberate conduct issue?A. Yes.

THE COMMISSIONER: I don't need names of people in that category.

MR GLOVER: And in Mr Anderson's case, how did he, to your mind, undermine the process?A. Criticising what we were doing, generally being uncooperative, not being constructive, and not doing the things that we wanted him to do.

Q. You mentioned a second category of people who were agitating in response to asbestos management matters, some constructively and helpfully, and some not so. When you say agitating, what do you mean?A. I mean leaking documents, I mean passing allegations to external parties that are patently false, including allegations against myself and my colleagues. That's agitation that's not constructive.

Q. That's certainly in the unhelpful category?A. That is unhelpful.

Q. Do you have any people in mind?A. No, I'd be only speculating.

THE COMMISSIONER: That's damaging, not just unhelpful, isn't it?

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A. Yes.

MR GLOVER: Did it frustrate your efforts in the wider organisation?A. Most definitely.

Q. How did that manifest?A. Well my career at Blue Mountains Council came to an end.

Q. What about in the period before you left in trying to get things done?A. It became difficult for me to get things done but the project and security more generally moved into other people's hands, which was a good thing, which was a very good thing, because that was the next iteration of safety reform. We got a safety, a dedicated safety manager and we started to have the correct level of resourcing over safety, so we were maturing. That's a good thing. The management of asbestos became part of business as usual and although we were spending perhaps the majority of our time responding to notices and, you know, requests for documents, et cetera, in the time we had left we certainly were able to continue to develop the management of safety of asbestos, but that, as I said, fell into other people's hands and it wasn't necessary for me to continue.

Q. The changes you're referring to there are those that happened at the end of 2017?A. More towards - yes, towards the end of 2017 and into 18.

Q. For example, with the appointment of a Chief Safety Officer?A. Yes.

Q. And then you, I think it's called a Task Force set up?A. Yes.

Q. Do I understand that your involvement in hands-on day-to-day management of, in particular, asbestos issues, lessened somewhat?A. Lessened somewhat.

Q. But not entirely?A. Not entirely.

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Q. You were still dealing with SafeWork, for example?A. Yes.

Q. Did you have an ongoing oversight role?A. Well, an oversight role through governance and assurance, but for a period of that time I was acting as General Manager of, I think it was called People Assistance, so there was still a role to play in terms of higher level management of things like asbestos and safety.

Q. Following the appointment of the Chief Safety Officer and the Task Force arrangement, is it right to say that the role that you were performing on a day-to-day basis in the context of the team, later the working group?A. Yes.

Q. Whatever label one wants to put on it, was then largely transferred to the Chief Safety Officer?A. Correct.

Q. Also before lunch in answer to some questions from the Commissioner you referred to conversations you had with representatives from SafeWork about the work that the council had done at the preschool?A. At the Wentworth Falls Preschool?

Q. Yes?A. Yes.

Q. I recall you making mention of the Ombudsman. I'm not asking you anything that was before the Ombudsman, I want to make that clear, but do you recall the conversations in particular that you were referring to in that answer to the Commissioner?A. Yes.

Q. What were they about?A. The conversation with that particular SafeWork director?

Q. Not so much the Director, I thought you'd referred to other conversations with inspectors?A. Yes. Yes. They had told me that they'd been directed to do certain things and in the ordinary course of events they would not do them, and they told me how extraordinary it was.

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THE COMMISSIONER: "Certain things" means issuing a notice, does it. By "certain things" you mean issuing notices?A. Yes.

Q. That they didn't want to issue?A. That they didn't want to issue.

Q. Or they didn't think they should issue?A. They didn't think they should issue and they found it irregular and they found it unusual and they confided in me.

MR GLOVER: I'd like you to go to p.1879. You may need a different volume.

THE COMMISSIONER: This is still Exhibit 82?

MR GLOVER: Exhibit 82, 1879. This is a manipulate of the Asbestos Management Working Group as it was then known, 17 August 2017. Do you see that?A. Yes, I do.

Q. Just to orient you, you're recorded as being present. The last entry on that page is a heading Asbestos Management Plan. Do you have that?A. Yes.

Q. If you just turn over the page to 1880, the AMP is owned and maintained by Governance and Risk, do you see that?A. Yes.

Q. And that was a change from what had occurred prior to mid-2017, is that right?A. Yes, it was.

Q. In what context did that change occur?A. Just to have better control over it. The plan previously had been with C&CO in some manner. We were going to take over the plan to ensure that it could be kept up-to-date.

Q. When it was taken over by Governance and Risk, was that in the context of a wider approach to safety policy generally or was it directed in particular to this one?A. It was acknowledgement that the maintenance of the

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plan had to be an integral part of safety management and the safety management system.

Q. At that time was it considered that in order to drive the policy forward promptly and appropriately it should be in Governance and Risk?A. Yes.

Q. Can I have Mr Broad bring you Exhibit 115, formerly confidential Exhibit M. This is an email exchange commencing with an email from Mr Adams to you of 28 September 2017. Do you see that?A. Yes, I do.

Q. At the beginning of the email chain on the second page of that document, it's not initially sent to you but later forwarded to you, is a report concerning results at 2 Park Street, Lawson. Do you see that?A. Yes.

Q. Do you remember the issue at 2 Park Street, Lawson?A. That's the depot.

Q. The stockpile?A. The dump pile, yep.

Q. Do you remember that?A. Yes, I do.

Q. Do you remember receiving a report from Airsafe about that site?A. I do. Probably more than one report.

Q. Yes. And in your email to Mr Adams on the bottom of the first page, 28 September 2017, 8.39 am, do you see that?A. Yes.

Q. There you're expressing a view to Mr Adams that it didn't seem to you to be as bad as first thought?A. Yes.

Q. Do you see that? By that you weren't seeming to suggest that the issue wasn't serious in itself?A. No, I'm simply trying to solicit an opinion from him as to what the significance of the results is. He's better placed to understand them than me.

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Q. And having received his response almost immediately thereafter, he says to you, "In my opinion it looks quite bad", you accepted that view?A. Yes.

Q. And then you worked with him to manage that process going forward at that time, is that right?A. Yes.

Q. The next document - in fact you can put that little bundle away. We'll have Mr Broad bring you back Exhibit 82, p.2107A. Do you have there an email from you to Mr Hahn, 29 September 2017, 11.43 am?A. Yes

Q. Just have a read of that email and let me know when you're finished, please?A. Yes.

Q. Do you remember the context in which this email was sent?A. Yeah, I do.

Q. And what was it?A. I think Stuart had had a conversation with me about the level of signage and a query about the signage, whether the amount of signage was sufficient, i.e. too much, too little, whatever. So I hadn't seen it, so I was inquiring of a person who had seen it as to whether they thought the signage was appropriate.

Q. In raising that query with you was Mr Liddell concerned in particular that there was too much signage?A. I don't know what his concern was.

Q. Well you say in your email to Mr Hahn, "I haven't personally seen it yet, I'm planning to look this afternoon", and you raise with him a question, "Could we not have achieved the same objective with more discrete signage?" Do you see that?A. Yes.

Q. What did you mean by that request?A. Discrete. Well I think there was a suggestion that the signage was over the top.

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Q. From Mr Liddell?A. Yes.

Q. Was that the only suggestion he made to you in that conversation about the signage?A. I can't recall the exact signage, beg your pardon, the conversation, but - I mean Stuart wouldn't have directed me to remove signage.

Q. And he didn't, did he?A. He didn't. He would have said words to the effect, "Someone has told me about the level of signage, can you check it out, I think it might be over the top".

Q. And you passed that on to Mr Hahn?A. Yes, I did.

Q. Did you speak to anyone else about that issue?A. I can't recall.

Q. I'm just going to put a series of propositions to you and you tell me what you say about them?A. Okay.

Q. Did Mr Greenwood ever express a concern to you about asbestos signage at council facilities?A. Council facilities in general or specifically?

Q. In general. I'm applying this question generally at the moment. Any concern to you at all about the issue of asbestos signage from Mr Greenwood?A. I can't recall a specific mention he made of signage.

Q. In particular at Lawson, there may be some confusion about the particular site but I'll come back to that, the Lawson depot, did you have a conversation with Mr Greenwood about the signage that you had been discussing with Mr Liddell?A. I can't recall a conversation. It's possible Mr Greenwood may have said something to Stuart Liddell about signage and Stuart in turn passed it to me. That's possible.

Q. But you're inferring that from your experience?A. No, just supposition, no specific recollection.

THE COMMISSIONER: Can I ask you a question, Mr Glover,

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just before you go on?

MR GLOVER: Yes.

THE COMMISSIONER: Is there anything in Mr Tooma's annotated WH&S Act about whether signage has to be of a particular size or what?

MR GLOVER: There is some requirements about signage. I can't at the moment remember but --

THE COMMISSIONER: Is it where it's placed or its size or you're not sure at the moment off the top of your head?

MR GLOVER: Not off the top of my head at the moment. There is some guidance in some WorkCover materials about size and types of signage and things like that but I just - at the moment I can't link the two into the regulations.

THE COMMISSIONER: I imagine it has to be big enough for the human eye to read.

MR GLOVER: Of course.

THE COMMISSIONER: But I can also see why, if signage is above a certain size, it might just alarm people, rather than tell them not to go somewhere or advise them that something is there that they shouldn't touch or eat.

MR GLOVER: And there was an ongoing discussion about labelling and signage of asbestos within the organisation for some time?A. Yes, because you have some latitude regarding the wording of signage, for example. There are some, in the standard there are some example signs that you can choose. One of them is skull and cross bones, for example, which you may or may not want to use, but there's a suite of them and you choose the one you think is the most appropriate.

Q. And there's some recommendations - not recommendations, some options for signage in some of those Airsafe reports that you would be familiar with?A. Yes.

Q. One of the reasons why there was ongoing discussion within the organisation about labelling and signage was as the Commissioner has identified, correct, about causing,

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unduly causing alarm?A. Could you repeat the question, please.

Q. The Commissioner has identified one of the issues concerning labelling and signage might be a concern not to unduly alarm people about the presence of a hazardous material generally?A. Yes.

Q. And in particular, asbestos, correct?A. Yes.

Q. In none of those conversations was it the case that the council was looking to do something other than was required of them by the appropriate regulation?A. That's correct.

THE COMMISSIONER: There's actually some signs - you're on 2107A, there's signs on 2107 at the end of the Airsafe report.

MR GLOVER: Yes. So if you turn back a page from where I have taken you to. This is at the very conclusion of the Airsafe report of September. 2107?A. Yes.

Q. When I mentioned to you a moment ago some examples in the Airsafe report, they're the types of things that you were familiar with at the time?A. Yes.

Q. I'm going to go back to some propositions about what Mr Greenwood may or may not have said to you. I appreciate your answers, but I'm just going to put these things to you and you tell me what you say about them. In the context of asbestos signage did Mr Greenwood ever say to you in relation to signage at any location words to the effect, "They are screaming at me"?A. No.

Q. Did he ever say, in that same context, "Get that bloody signage fixed"?A. I can't recall any words to that effect, or those words, no.

Q. When you say you can't recall, is it that you have no recollection one way or the other or as you're sitting here

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today you would say that -- A. No recollection one way or the other. I could, for example, see, you know, Robert saying in relation to signage, get the signage fixed, in other words, get the signage in place.

Q. Yes, in the context of make sure it's there and appropriate?A. Make sure it's there, make sure it's appropriate.

Q. Not in the context of get rid of it, for example?A. No. No, not at all. No, not at all. In the middle of a situation like this, directing me, of all people, to do something contrary to what's required, no.

Q. Did Mr Greenwood ever give you a direction about removing or minimising asbestos signage at any location within the council?A. No.

Q. And had he done so, what would you have done?A. I would have said to him that we have to do what's required by the standard, and I wouldn't have hesitated to do that.

Q. Did you ever have a conversation with the Mayor about asbestos signage?A. No.

Q. Did Mr Greenwood ever tell you that the Mayor was breathing down his neck about the issue of asbestos signage?A. No.

Q. Following the email at 2107A did you have a further conversation with Mr Hahn about the issue of asbestos signage that you recall?A. I can't recall, but I do, I do remember at some point, whether prior to or after that, a large group of us, including the union, SafeWork, members of my team met on site to discuss a number of things, including signage. So we were there then with SafeWork, who we could ask the question of, "What do you think of the signage?" And they could answer directly.

Q. Did you ever ask Mr Hahn to change asbestos signage, that is reduce it or minimise it?

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A. No.

Q. Did you ever tell Mr Hahn that Mr Greenwood was breathing down your neck about the issue of asbestos sign age?A. No.

Q. And from your answers earlier Mr Greenwood wasn't breathing down your neck about that topic, is that right?A. No. No, he was breathing down my neck about a number of things, mainly to get this thing done, and done well, yeah.

Q. Did you ever say to Mr Hahn that Robert was "into you" about the issue of asbestos signage?A. No.

Q. Did you ever say to Mr Hahn that "the Mayor is into me about it" in the context of asbestos signage?A. No.

Q. Do you ever recall an occasion where you met with Mr Hahn and Mr Moore, Tony Moore, during which the issue of asbestos signage was discussed?A. That's possible.

Q. By that you don't recall one way or the other?A. No, no, we had a number of conversations about asbestos, for obvious reasons, they were involved in the management of workers who were working directly with asbestos.

Q. During one of those meetings did you ever express a concern to Mr Hahn and Mr Moore that asbestos signage throughout the council at any location was too obvious?A. No.

Q. In response to that - I appreciate your denial, but I'm going to put the proposition to you. At one of those meetings, in the context of the issue of asbestos signage being too large or too obvious, did Mr Hahn ever say to you words to the effect,

I'm not gonna lie for you, I'm gonna be bringing up these emails and I'm gonna tell them exactly what you asked me to do and exactly what was said.

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Did that ever happen?A. No.

Q. Did Mr Hahn ever say to you in the context of reducing or minimising asbestos signage, "You know what you're asking me is wrong"?A. No.

Q. Did you ever ask Mr Moore to reduce or minimise asbestos signage anywhere in the organisation?A. No.

Q. Did you ever ask anyone to do that?A. No, I don't think so.

Q. Beyond raising a query as to whether the signage at a particular location was appropriate, following a query from Mr Liddell -- A. Yes, I would have, I would have asked questions like that of many people because a major part of what we were doing was distributing signs.

Q. In raising that question it was never your intention to do anything other than what was required of the council by law, correct?A. That's correct.

Q. If you turn ahead to p.2232, please?A. Yes.

Q. There you should have a letter from the USU attaching a note with 166 numbered paragraphs?A. Yes, sir.

Q. Are you familiar with this document?A. I am.

Q. How did this come to your attention?A. I think initially a copy of it went to Scott Buchanan, who was the HR manager/IR.

Q. If I can just stop you. I might be able to help you, Mr McKay. You'll see your email address is on the front page, which I had missed when I asked you that question, so in fairness to me that's my fault, I misdirected you. Also by email?

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A. Yes, yep.

Q. So you must have received. What I want to ask you is your involvement in responding to the issues raised?A. A lot of people were responsible for responding to the issues raised. I played a coordination role but, you know, there was a lot of issues, it took a lot of work by a lot of people to dig into them. Some of them were already in the stage of were addressed or were currently being addressed at the time that the letter was received.

Q. Were there some that needed some, assuming they were legitimate issues, needed some work to resolve?A. Yes.

Q. Did you coordinate that work?A. Yes, to an extent.

Q. Ultimately were all of the issues to the extent they needed to be addressed, addressed to your recollection?A. I think that might be a matter of opinion.

Q. Quite?A. But I would argue that --

Q. To your mind?A. In my mind, yes.

Q. If you go to p.2233 you'll see the second heading immediately above the paragraph numbered 5?A. Yes.

Q. Corporate asbestos register. Just have a read of 5 through to 13. I don't need you to read every word, but just familiarise yourself with the topic?A. Paragraph 5 through to which?

Q. Thirteen. A. Yes.

Q. The corporate asbestos register being referred to, is that the database that was developed that you were referring to earlier in your evidence today?A. Yes, and it was in the stage of still being properly developed at this point. So much of the commentary that's in these paragraphs would have been fed into, and was fed into the development of that register.

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Q. Yes. So at the time of this letter things were still being developed and weren't yet in a final state?A. Yes.

Q. And that may reflect some of the concerns being raised?A. Yes. And in that sense much of what are in these paragraphs is very helpful in that it enabled us to correctly shape it.

Q. If you turn ahead to 2234?A. Yes.

Q. "Asbestos contaminated soil stored at council's Lawson stockpile site", do you see that?A. Yes, I do.

Q. Just have a read of 35 to 44 and let me know when you're done, please. ?A. Thirty-five through to?

Q. Forty-four?A. Done.

Q. Forty-four is where I'm going to, having put that in context, take you to. That's the email that I was asking you some questions about a moment ago, that is from you to Mr Hahn where you raised the question of discrete signage, do you see that?A. Yes.

Q. What do you say to the suggestion that you were trying to hide the problem, instead of making it - managing it properly?A. I was managing the problem. It was my problem. We were well past the point of being able to hide it. The Genie was out of the bottle.

Q. Thank you, Commissioner, that's all I have of Mr McKay.

THE COMMISSIONER: Thank you. Mr Ryan, do you have any questions?

MR RYAN: I do, thank you, Commissioner.

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<EXAMINATION BY MR RYAN: [2.34]

Q. Mr McKay, my name is James Ryan, I'm representing Councillor Brown. I just have a couple of questions for you mostly arising out of what you've said here today and I've got a series of documents that I'd like to take you to if Mr Broad will help me in a minute. But I wanted to clarify something with you first. Your role was as the manager Governance and Risk? A. Correct.

Q. Was that the manager for people and services? Sorry, systems and services, I beg your pardon. People and Systems?A. Sorry, I didn't understand the question.

Q. Was your role as manager of Governance and Risk for People and Systems?A. I reported to the general manager of People and Systems.

Q. Yes. So was your responsibility for governance for the group of People and Systems?A. My responsibility was for the entire organisation.

Q. For the entire organisation meaning Blue Mountains Council?A. Correct.

Q. Governance issues?A. Yes.

Q. And with Risk as well?A. Yes.

Q. Mr Glover has taken you through a lot of material and you have indicated, I think, an ongoing issue that this was C&CO, which is - what's that an abbreviation for?

THE COMMISSIONER: City and Community Outcomes.

MR RYAN: City and Community Outcomes?A. Yes.

Q. I'm talking about the Asbestos Management Plan and taking it further. You have spoken about your gradual becoming aware of the asbestos issue. You were aware of

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the notices issue that Blaxland and then with the working group I think in early 2017. My question is: if you were the manager of Risk, did you ever consider writing a memo to the executive leadership team and the general manager at the time outlining the extent of the risk?

THE COMMISSIONER: Sorry, why did you or didn't you?

MR RYAN: Did you considerate any point in time?A. The extent of which risk?

Q. The non-compliance with the work health and safety legislation, particularly with regard to asbestos?A. That was made very, very clear to Stuart Liddell and other senior managers often. You see, I had to develop this project, the safety improvement project. To develop that project I needed to get senior management buying it. This was a considerable investment of time and resources, so I had to reveal to them exactly why we needed to do this, and my argument was we have insufficient control over safety, which by extension means where we're not acting fully in accordance with the requirements of the Work Health and Safety Act, so I made that patently clear.

THE COMMISSIONER: As did Willis in 2015?A. As did Willis. It was very well-known.

MR RYAN: You made it patently clear that the council wasn't complying with the Work Health and Safety Act?A. I made it patently clear that we had insufficient control over safety. I wasn't making a legal conclusion to suggest whether we were compliant with an Act or not compliant with an Act. I wasn't qualified to say that. What I am qualified to talk about is the level of control over a particular corporate activity and that corporate activity in this case was safety, and I made it clear that we had insufficient control over that particular activity from shortly after I arrived, well into 2017.

Q. So you're saying that you were the manager of Risk?A. Yes.

Q. And you were, certainly by early 2017, aware of issues being raised that the council wasn't compliant with the Work Health and Safety Act, and you didn't feel qualified to raise that as a legal issue?A. No, that's not what I said, sir. What I said is that

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I'm not qualified to make a legal, give a legal opinion about the organisation's compliance with a piece of legislation. What I am qualified to make a statement about is the level of control that we have over a corporate activity. The difference is subtle but important.

THE COMMISSIONER: And to just repeat what I asked you, the Willis report in 2015 had, though, expressed a view about compliance and non-compliance with the WH&S Act, correct?A. Yes.

Q. So the council knew about it from then?A. Knew about. And the person who wrote that was qualified to make that.

Q. Correct, yes?A. As a former - I think he was second in charge of SafeWork Victoria.

MR RYAN: And you commissioned the second Willis report?A. Yes.

Q. So did you past that on?A. Yes.

Q. If I can go to the next issue.

THE COMMISSIONER: There wouldn't have been much point in getting it, would there, if you put it in the drawer and -- A. No, I didn't put it in a drawer.

MR RYAN: No, but the comment was made it wasn't, Mr McKay wasn't qualified to express a legal opinion, but the report contains an opinion.

THE COMMISSIONER: Yes, it does.

MR RYAN: So it's okay, I think, to refer to what the report, summarise what the report contains?A. Yes, and certainly I used that report for a number of purposes, principally to build my case for reform in this area.

Q. You said in part of your evidence that you had been beating the drum for over a year?A. Yes.

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Q. And that was a reference to taking the message that safety was not up to the standard that it was required to be?A. That's correct.

Q. I just wanted to move on a little bit, particularly to the compliance issue. You were aware of the compliance notices issued in 2015. You said you had a meeting on site?A. Yes.

Q. I think you also said in your evidence, if I can just find it here - Mr Glover asked you what was Mr Greenwood, the then general manager's level of knowledge about the issue, and this was in May 2017 when the Springwood improvement notice had been issued, and you said words to the effect that he had thought the issue was under control. So I think he was a little surprised?A. Yes.

Q. He thought it was under control?A. Yes.

Q. And you said something like it was clear that he took it seriously and when the picture unfolded he sprang into action?A. Yes.

Q. Would you agree that if he was a little surprised and thought it was under control it tends to indicate he wasn't aware of the previous improvement notices regarding the need for an Asbestos Management Plan at Blaxland?

MR GLOVER: I object.

THE COMMISSIONER: Yes. Because?

MR GLOVER: There's a series of assumptions built into that question.

THE COMMISSIONER: Yes, there are. Do you know whether the general manager was aware of that notice or not?A. I'm not aware of whether he was aware of that notice.

Q. It's never my intent to be difficult, Mr Ryan, but this is an administrative inquiry where there's public

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funds and time issues and I'm certainly not stopping you asking questions at all that are directed to advancing your client's concerns, but we've got to be - a lot of what's happened so far is you just getting the witness to confirm evidence that he's already given to counsel assisting. The way these inquiries are meant to work is largely counsel assisting ask the questions and then there's limited scope for people who are representing people with a special interest in the inquiry to ask different questions that are directed to advancing that client's interests or protecting that client's interests, but I can't allow it to go on too long where we just have a rehash of the evidence that's already been called by counsel assisting. So if you've got some specific things to put to Mr McKay, please put them in a specific way, but I don't need to hear again the evidence he's already given.

MR RYAN: Yes.

THE COMMISSIONER: Bear in mind if you disagree, you've got instructions that something Mr McKay has said is wrong, you're certainly entitled to explore that

MR RYAN: No. I think it's important, we're trying to establish who knew what and if the 2015 notices were actually complied with. So far we haven't heard any concrete evidence.

THE COMMISSIONER: Yes, we have. We heard from SafeWork.

MR RYAN: I don't think they were able to say.

THE COMMISSIONER: I thought he said something - I thought he said that it was certainly his understanding they were complied with. So if you say they weren't, and you've got evidence to establish that, then I'd be prepared to allow that, but if you're just fishing, that's not what we're here to do.

MR RYAN: With respect, we're not fishing, we're trying to establish something. I don't think that's been established, but I'll move on.

THE COMMISSIONER: Yes.

MR RYAN: Mr McKay, you gave an explanation to Mr Glover that you described it as 2012 to 14, then 14 to 17, then 17

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to 18 that there had been a progressive acceleration and resourcing of council's response, as in setting up. I wonder if I could show you a document here. This comes from the council's web page this year. It's an extract from the workforce management strategy 2013-2023.

THE COMMISSIONER: Just before you ask a question, I am fully sympathetic to your - well, sympathetic to the degree I should be to your level of resourcing. Can I just ask, Mr Glover, have you seen this before?

MR GLOVER: I have seen the document in another form, but not - I didn't know it was necessarily coming.

THE COMMISSIONER: If you want to take the witness through documents, make sure Mr Glover's seen them first, as far as you're able to.

MR RYAN: We have a series of documents here, as I said a minute ago.

THE COMMISSIONER: Yes. I know sometimes things emerge on the fly.

MR RYAN: Which have largely emerged out of Mr McKay's evidence.

THE COMMISSIONER: Anyway, let's proceed. And I'm not just saying that to you, I'm saying that to everyone, that if people want to take witnesses through documents, they should generally have been seen by counsel assisting first because primarily it's his job to decide whether or not to ask questions about documents. Having said that, go ahead.

MR RYAN: This document in particular is in Councillor Brown's submissions.

THE COMMISSIONER: Yes.

MR RYAN: And attachments, although they haven't been tabled yet.

Q. Mr McKay, I wanted to take you to what is the last page and it's under the safety clause there. If you've got to chance to read that paragraph.

THE COMMISSIONER: Someone's highlighted my copy.

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MR RYAN: I think Councillor Brown has done that.

THE COMMISSIONER: Right, I see. Okay.

MR RYAN: It wasn't highlighted on the council web page.

THE COMMISSIONER: No, that's fine.

WITNESS: Yes, I've finished that reading.

MR RYAN: Mr McKay, I'm assuming that this comes from 2012, so probably shortly before your time starting at the council. But it seems to indicate a budget of one million is being set aside for an improvement program and an independent third party was engaged to undertake a comprehensive gap analysis which I'm going to assume, until I'm informed better, that that was the first Willis report?A. I can't speak for the funding of the first Willis report. I can speak to the funding of the second Willis report. I applied for a grant and was successful and I used the grant money to pay for the second Willis report.

THE COMMISSIONER: What is the date of - this is an extract from some longer document which was published when? Some time before - either in 2013 or just before it I assume?

MR RYAN: Yes.

THE COMMISSIONER: Are you able to tell me?

MR RYAN: I can't tell you except it's from council's website, it's obviously part of their strategic management documents and it's got those dates on it.

THE COMMISSIONER: Yes.

MR RYAN: Mr McKay, were you ever informed that there was a budget of $1 million over three years for the safety improvement program?A. No.

Q. Have you had any knowledge of this element of the Blue Mountains Council budget previously?A. No.

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Q. Would you say that this summary is an accurate description of the council needing to harmonise its work, upgrade its safety practices to meet the new legislation?A. Sorry, sir, I don't understand the question.

Q. Would you say the paragraph generally is an accurate summary of the requirement for council to upgrade its practices to meet the new legislation which began on January 12, 2012?

MR SINGLETON: I object to the question.

THE COMMISSIONER: Yes.

MR SINGLETON: Whether it is an accurate description of what the law requires is a matter for you and being a topic that this witness has specifically disavowed having expertise in.

THE COMMISSIONER: I don't think I'm assisted in any event by Mr McKay's views, without disrespect to him, about this paragraph, these couple of paragraphs.

MR RYAN: Okay, thank you. I'll move on. The next thing I wanted to ask you, Mr McKay, was Mr Glover took you to your notes of the 4 July briefing of the governing body. I wonder if I could just hand up some further documents here which is the agenda for that session and an email from Stuart Liddell to yourself and then yourself to him you'll see on the second page, and these come from the councillor briefing bundle which was distributed in March this year. We've already seen your notes, Mr McKay. I want to take you to that email on the second page where Mr Liddell is obviously answering. You have forwarded him your talking notes and then you make the statement, "For my guidance only, they are not a hand out"?A. Yes.

Q. Is that correct. Do you recall, Mr McKay, whether the councillors were given any handouts of that briefing?A. I can't recall.

Q. When you said earlier that the governing body was very supportive, how was that expressed? How did that manifest itself?

THE COMMISSIONER: Mr McKay's already said it was about

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personal support for him in a difficult period where he was offered support and enquiries were made about his general well-being.

MR RYAN: From the whole of the governing body?A. No, not the whole of the governing body.

Q. When? When did this occur and who was it from?

THE COMMISSIONER: Why does it matter? If a councillor was kind enough to inquire after Mr McKay's well-being and his state of mind because he and others were under pressure at work, why do you want to know - why do you want to go into that?

MR RYAN: Absolutely, Commissioner, but Mr McKay expressed it as the governing body earlier and I think there's a great deal of --

THE COMMISSIONER: You want to know which councillor or councillors?

MR RYAN: Well, if it was the governing body that's different from whether it was an individual.

THE COMMISSIONER: This wasn't done by resolution of the council?A. No.

Q. It was people coming up to you and speaking to you in a personal way?A. Yes.

MR RYAN: Do you have an idea of when that occurred?

THE COMMISSIONER: Throughout 2017 you said?A. Yes.

Q. During that period, yes.

MR RYAN: I think I recall you saying that you and others were being criticised by radio commentary?A. Yes

Q. And it was pretty hard to work with?A. Yes.

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Q. And you really appreciated the support?A. Yes.

Q. So that would put it in late 2017, in November and December presumably?

MR GLOVER: Commissioner, I object to this whole line. What is the point of this?

THE COMMISSIONER: I was trying to object myself.

MR RYAN: Okay.

MR GLOVER: This is really a waste of time. There cannot be any possible grounds for criticising any member of the governing body for doing what Mr McKay has given evidence about.

MR RYAN: No, but the timing is important.

THE COMMISSIONER: Why?

MR RYAN: Because it goes to what the governing body and members of the governing body knew at what time, and that's an issue.

THE COMMISSIONER: What do you mean by that?

MR RYAN: Well, Councillor Brown has contended, and continues to contend --

THE COMMISSIONER: Yes.

MR RYAN: -- that the councillors were not fully informed of the extent of the lack of compliance with the work health and safety legislation and the absence of an Asbestos Management Plan and what that, what the ramifications of that were for the council, and that is, I suggest, a very live issue.

THE COMMISSIONER: What's your specific question about this?

MR RYAN: It was just whether it was the governing body or what conditions were occurring because Councillor Brown wasn't aware --

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THE COMMISSIONER: We know it wasn't a council resolution, Mr Ryan, it was --

MR RYAN: And the timing, I have already asked that, I don't - I can ask it again. The timing is important, Commissioner, but I'm happy to --

THE COMMISSIONER: Do you recall being consistently, comments relatively consistently being offered to you about how you were going generally throughout 2017 and into 18, or was it only towards the end of 17 and early 18?A. It was consistent, sir.

Q. There was some media reports about asbestos as early as June or July, is my memory, 17?A. I think so.

Q. And were the governing body, to your understanding, at least generally aware that there was a heavy workload for you and your team on asbestos management issues generally throughout the whole course of 2017?A. That's correct.

MR RYAN: Thank you, Commissioner. I wanted to go to the Audit and Risk Committee minutes of 6 July which Mr Glover has already taken you to. I don't know if you've still got that copy.

THE COMMISSIONER: That's Exhibit 121.

MR RYAN: The issue of interest here, Mr McKay, is what was discussed about asbestos and you are said to have said, "We've introduced strong controls which will only get stronger over the next two months" but there's no mention of the improvement notice or the requirement for an Asbestos Management Plan?A. These are minutes.

Q. Yes?A. And they're not a verbatim record of what was discussed.

Q. No. A. They're based on the best undertakings of whoever took the minutes and they're certainly not taken with the same level of rigour that council meeting minutes may be taken, so I can't, drawing on these minutes, I can't say exactly

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what was and what wasn't discussed.

MR GLOVER: My learned friend should also read the document, the last point in item 2 on p.3 in particular.

THE COMMISSIONER: The last point on item - page 3, what item?

MR GLOVER: Page 3, SL, as part of the ASMP, which were also working with SafeWork New South Wales.

THE COMMISSIONER: Yes. So that's Mr Liddell saying that, correct? Is it, SL?

MR GLOVER: If you're asking me, that's my understanding.

THE COMMISSIONER: Yes.

MR RYAN: Do you have any more detailed recall of that last point that Mr Glover has -- A. No, sir.

Q. Thanks. If we go to - I wanted to show you the minutes of the next Audit and Risk Committee, Mr McKay, if I can do that, which I've got copies of here. I might also distribute this letter from Michael Anstis, the Chair of the Audit and Risk Committee as well. There was two. And on 4.3 there, which is on the third page, Mr McKay, you've got an update on the joint IAP. I'm not sure what that is?A. I beg your pardon, could you repeat that.

THE COMMISSIONER: Just on page 3 at 4.3 says, "Grant McKay provided an up date on joint IAP", can you tell us what IAP means?A. That is an arrangement between Blue Mountains City Council and Hornsby.

Q. Right?A. I beg your pardon, Hawkesbury City Council regarding the operation of a joint internal audit program.

Q. Right, okay. Thanks.

MR RYAN: Just below that, that paragraph says "he" meaning you:

He updated the committee that asbestos

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management work is progressing well, we're tracking well in relation to the associated work and we are ahead of schedule on all targets.

A. Yes.

Q. Do you have any more detailed recall of that?A. No, I don't.

Q. The other piece of paper which is an email from Michael Anstiss who I'm assuming you're well aware of?A. Yes.

Q. Is the Chair of that committee and he writes to, this is 29 November, so Dr Dillon or acting at that point, and he writes there that regarding this issue of asbestos, this is the fourth paragraph down, this was raised in the July 17 meetings, no doubt council records will show this in the approved minutes:

My personal records note that management commented that all was in hand.

Do you have any idea of what he meant when he sent that email?

THE COMMISSIONER: Don't answer that question.

MR RYAN: Don't answer that question?

THE COMMISSIONER: No.

MR RYAN: Do you agree that --

THE COMMISSIONER: You can ask Mr Anstiss but you can't --

MR RYAN: Yes.

THE COMMISSIONER: I mean, no doubt - let's not play around - the minutes that you've handed up from the audit and risk mention in the summary that Mr McKay had said "we're tracking very well". Now it probably doesn't take a genius that that might be what Mr Anstiss is referring to. He's used the words "all was in hand", that may or may not have been said, but what's recorded in the minutes is "tracking well" and there may be a link between those two

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comments.

MR RYAN: Yes.

THE COMMISSIONER: Is there a question that flows then?

MR RYAN: No, I wanted to get Mr McKay's actions whether he thought that was a fair description of what reports had been given to the audit and risk committee, as the minutes seem to indicate that you're the person who gave those reports to the audit and risk?A. Sorry, what's the question?

Q. Do you think that that's a fair description, that everything was in hand?

MR GLOVER: I object to that.

MR RYAN: I'll leave it, Commissioner.

THE COMMISSIONER: Yes.

MR RYAN: I won't waste any more time. Also in that letter, Mr McKay, Mr Anstiss is raising an issue with the minutes. Was there an issue with the audit and risk committee not getting the minutes in a timely --A. On that occasion it may have been late in getting to him. That was remedied no doubt shortly after the email, if it hadn't already been done.

Q. Okay, thank you for that. The last thing I wanted to distribute, Commissioner, is the briefing notes from 24 October 2017.

THE COMMISSIONER: Just before we get to those, do you want - are you content for these to be tendered?

MR GLOVER: Yes, Commissioner.

#EXHIBIT 122 - AUDIT AND RISK COMMITTEE DRAFT MINUTES 14 SEPTEMBER 2017.

#EXHIBIT 123 - EMAIL FROM MICHAEL ANSTISS TO ROSEMARY DILLON DATED 29 NOVEMBER 2016 SENT AT 6.00.37 PM.

MR RYAN: Councillor Brown has just asked me about the workforce management strategy. Is Mr Glover happy that's

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already in evidence, or not?

THE COMMISSIONER: I'm not sure that should be tendered in its current form. I think you might need to get some details first about exactly where it's from and exactly what date it was created and then Mr Glover can give some consideration about tendering it then.

MR GLOVER: My learned friend might also consider whether it might be some of the exhibits already tendered rather than leaving that to me.

THE COMMISSIONER: He can do the work on that, Mr Glover, don't worry.

MR RYAN: Just on this, Mr McKay, we can see on the agenda there this is 24 October, yourself and Stuart Liddell had 15 minutes, this is the second-last item. It appears that the next day, similar to the briefing on 4 July, you have sent on request, you have sent to Jasmine Cooper your notes and there are a series of dot points. I think the second dot point mentions the asbestos document suite, the last dot point says remediation is ongoing, for example, the Lawson stockpiles. The second dot point says:

The suite (which consists of the policy, the plan and the standard operating procedures) which have been completed and endorsed by the executive leader team.

My question to you is I had thought that the asbestos management plan was adopted on 20 October, which would be a few days before this, and then a further extension from what you said today, a further extension was granted by SafeWork until January 2018?A. Yes.

Q. A further extension was granted to produce another version?A. No.

Q. No?A. No, it was granted to implement that plan.

Q. Right. At this point the asbestos management plan as adopted by the executive leadership team is accepted?A. Yes.

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Q. And there's a further extension to implement it?A. Correct.

Q. Thank you Commissioner.

#EXHIBIT 124 - COUNCILLOR BRIEFING SESSION AGENDA DATED 24 OCTOBER 2017 TOGETHER WITH AN EMAIL FROM JASMINE COOPER OF 25 OCTOBER 2017 SENT AT 2.34 PM TO GRANT MCKAY AND MR MCKAY'S RESPONSE TO JASMINE COOPER 25 OCTOBER 2017 SENT AT 3.34 PM.

THE COMMISSIONER: Thank you. Mr Singleton.

<EXAMINATION BY MR SINGLETON: [3.08 PM]

Q. Mr McKay, are you familiar with what's called Swiss cheese model?A. I am.

Q. It's a well recognised model for understanding safety mishaps?A. Yes, it's applied more generally to risk management.

Q. Right. Could you give us just a short précis of what it is and how it gets its name?A. Basically it's a metaphor, if you like, for what's sometimes referred to as a perfect storm, which is the conflation of a number of things happening at the same time. So a number of overlapping opportunities that taken together provide grounds for a negative consequence to occur. The principle, one of the guiding principles of good risk management is that you have layers of controls to prevent that Swiss cheese effect from occurring. So multiple overlapping --

THE COMMISSIONER: Redundancies?A. Redundancy.

MR SINGLETON: But no one layer of control is perfect?A. Not one layer of control. Because if you've got one layer of control then the probability of failure is greater than if you had multiple layers of cooperative or interlaced controls.

Q. A layer of control is like a slice of cheese with one hole in it?

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A. That's right.

Q. If you've got seven slices of cheese you probably can't see through the whole lot but every now and then all the holes will line up?A. They line up.

Q. And that's when the plane crashes?A. That's when it happens, yes.

Q. I just want to briefly pop through a few things that we can see in this case. If you go to page 69 of Exhibit 82, that's the main exhibit if it's still there. While that's getting out I'll go to another point. Has it come to your attention that for many people, or some people some of the time there has been confusion between asbestos management policy and asbestos management plan?A. Yes.

Q. And some people don't perhaps recognise there's a distinction and get confused?A. Yes.

Q. Through no fault of their own?A. No.

Q. In many cases?A. That's right. One is a high level of intent, the policy. The other is a collection of how-to documents.

Q. Such a confusion on our model or analogy could amount to one hole in the packet of cheese, that is it could be the source of a problem although by itself it probably won't cause a disaster?A. That's correct.

Q. If we could go to page 69 of the volume 1 of Exhibit 82. Do you see that that is one of many pages of the Willis 2012 report which lists a series of requirements, other details and recommendations?A. Yes.

Q. On that page there's a heading "asbestos" which is above a series of recommendations?A. Yes.

Q. Just going to the final column, the recommendations

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column. Do you see that for the first item with a low risk there's no recommendation, but for the second item with a high risk it is recommended that an asbestos survey is conducted on all buildings within the BMCC which have been constructed after 2000?A. Yes, I see that.

Q. Do you recognise that that correlates with what later was undertaken by Airsafe on behalf of the council?A. Yes, that's correct. Although the wording is actually incorrect.

Q. All right?A. It should be - where it says "which have been constructed after 2000", it should be "constructed prior to 2000".

Q. Yes, you're quite right. You read what you expect, or I did and you didn't. Then the next recommendation is once the asbestos survey has been undertaken the register needs to be maintained?A. Yes.

Q. I'm just drawing attention for context. Then over the page the next recommendation, once the asbestos survey has been undertaken the AMP will be developed, do you see that?A. Yes.

Q. You can see that that could be read in fact by the word "once" is properly read as saying the survey should come before the AMP, which is here in the asbestos management plan?A. That's correct, which is in fact the order that they did occur in.

Q. But arguably it might have been done the other way around?A. It could have been done the other way around.

Q. I want to go to another point. First just have a quick look at page 1 of this document. Have you seen a copy of this document which is headed - page 1 of the whole bundle. It's the asbestos program procedure?A. Sorry, what number?

Q. I'm sorry, safety program procedure. Page 1. Page 1 of the whole folder?

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A. Of the whole document? I beg your pardon.

Q. We're going back to the beginning.

THE COMMISSIONER: It should have BMCCSP15.4 at the --

MR SINGLETON: Yes. Have you seen this document before?A. I'm not sure if I have.

Q. Do you see that it's a reasonably succinct statement of some basic procedures with respect to dealing with asbestos problems, including, for example, and this is on page 2 of the volume of documents, references to control measures including removal, sealing or enclosure and leaving in place?A. Yes.

Q. Having had your attention drawn to that I now want you to go and look at page 249 of the bundle?A. Yes.

Q. You've got there before I have but I'm nearly there. There's a lot of dot point at the top of that page and do you then see this paragraph, which I think was brought to your attention earlier today:

In an ad hoc way the forms and procedures in these documents do manage risk to trades, waste management, cleaners, contractors and residents.

Just speaking at a broad level of generality for the moment. Did you understand that as work was being done to try and draw up a policy and other documents there was an understanding that there were already scattered around the organisation various procedures and other documents that were holding the fort until it was all improved?A. Yes, it wasn't a complete green field.

Q. And that could have led to a reduced sense of urgency on this particular topic?A. It could have had that effect, particularly if people operating off these documents were of that view.

Q. In this period 2013 and before and after 2013 you're aware that a particular employee, I'll use - whose name is well-known in the evidence but whose initials were SK, was

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assigned the task of working on the policy?A. Yes.

Q. At a very broad level. With the benefit of hindsight the task was not completed in a timely way?A. Correct.

Q. For reasons that would have applied partly to his qualities of skill set, employment arrangements and other factors bearing upon his work?A. In hindsight perhaps not the best choice for that task. Although I didn't assign him to that task.

Q. Sorry, you did or didn't?A. I didn't.

Q. No. I'm looking at it from your perspective as someone who came in part way through this program. So having identified that someone's doing the work who might not have been the best choice and no doubt had other challenges, one looks to the manager. He reported to Mr Cattermole for a while?A. Yes.

Q. But then Mr Cattermole departed?A. Yes.

Q. Mr Cattermole in turn reported to Mr Corbett but he also departed in the middle of this period?A. Correct.

Q. There were you mentioned already the bushfires?A. Yes.

Q. Which were a distraction for many people in the council?A. And also were, in terms of asbestos management were in themselves a major focus or became the major focus of asbestos management. So a lot of high quality very progressive asbestos management work was done in the context of response to bushfires.

Q. Quite so?A. By this city.

Q. I think there's an exhibit on that, Commissioner. Having just stepped through those I want to put a

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proposition to you for comment from your position not specifically working in the council, partly taking into account your knowledge, but your expertise that to some degree at least the recommendation that the different documents be done in the order of the audit first, which took a few years, and then the plan afterwards, the belief that there were documents to hold the fort and keep things going so there was not extra urgency, an employee perhaps with hindsight not best suited for the job, his manager leaving halfway through, his director leaving halfway through, confusion in many quarters between a policy and a plan, are apt to be analysed through the Swiss cheese model, a whole series of things, none of them particularly culpable, none of them by themselves capable of causing disaster, but when you add them all up the perfect storm, that in part explains the delay in getting the policies and procedures and other documents in place until 2017?A. I think that's a very summation.

Q. All right. I'll ask you a different question then. The asbestos management - before I get to it. Another general question about things you may know about because of your discipline and your profession. I may have some of the terms wrong here but when there's a project established, and I have in mind the asbestos management project team, is it often the case in modern management practice that there'll be a team leader assigned to work on it full-time, then some kind of supervisor and someone above that called a sponsor?A. Yes, there's usually a project control group.

Q. Right?A. That can be a specially formed group or it can be an existing piece of governance that performs the role of a PCG it's often referred to as.

Q. Yes?A. And always the case that you'll have a senior management sponsor, someone who is the champion for that particular project at senior leadership level.

Q. Is there sometimes three levels, project control group, quite senior manager who is directly supervising it and making sure it's on track, and then a sponsor who represents the entire organisation and is saying "this organisation's committed to this project", is that three level approach sometimes taken?

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A. Depending on the size of the organisation and the importance of the project or the size of the project.

Q. But sponsor is a relatively recognised term in this context?A. Yes.

Q. Is there a recognised term for the middle layer that you can think of?A. Not that I can think of.

Q. In terms of the AMPT, can you identify formally or informally whether there was a sponsor for that project; and, if so, who?A. The sponsor for that project was Robert Greenwood and he specifically put himself forward to be the sponsor of that project explicitly at the very beginning.

Q. You noted in your earlier evidence that Mr Johnston left. But you also said others refused to be in the team?A. Correct.

Q. Who?A. At the very outset Stuart and I, with Robert, had a conversation with who should be on the team because it was going to be a difficult, prolonged task and we agreed that certain people should be on it. Rhett Hahn was one of the first people we considered for the team, along with Gary Johnston. There are very good reasons why we wanted those two people on the team. Gary because of his corporate knowledge and his history of understanding the challenge. And Rhett because he managed so many of the workers who were directly affected by this issue. Gary ultimately agreed to be on the team, at least for a short period. Rhett refused to be on the team.

THE COMMISSIONER: Why was that?A. He originally said that he was going on leave for a period, but only for a week or two.

Q. Yes?A. And that it was put to him that he could come on to the team after his leave but he didn't want to do that.

Q. Why did he not want to go on to the team after he came back from leave?A. He didn't explain that to me from recollection.

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MR SINGLETON: You'd agree that declining to be on the team was not helpful to the team and its project, correct?A. No, it wasn't helpful. We put names forward because they would be able to contribute to the team.

Q. Was that lack of helpfulness essentially neutral, you didn't get the benefit of his help but it was otherwise not a problem, or how did Mr Hahn inter-react or have an effect on the work of this team?A. My very strong suspicion is that he worked against the interests of the team, but I can't cite specific examples of that. He certainly wasn't a champion of what the team was doing out in the field.

THE COMMISSIONER: What would be his motivation for that, if you were right that he was working against the team, what would be his motivation? If you don't know please don't tell me, but if you do have a view you can pass it on?A. He was denied the opportunity to act as General Manager City Services.

Q. Denied the opportunity for promotion?A. Yes.

Q. Right.

MR SINGLETON: When you say act, do you mean permanently act or be the acting --A. The actual occupant of that role wasn't selected for some time.

Q. Yes, but he wasn't allowed to be the acting - you used the term I think General Manager?A. Group Manager City Services, or Director City Services as it was called.

Q. You understand he was denied the opportunity to be the Acting Director pending a permanent recruitment?A. Correct.

THE COMMISSIONER: Who filled the - was that Mr Bruhn then came in as Service Delivery or am I getting my timing wrong?A. In terms of timing this is after Mr Bruhn.

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Q. I see?A. And Mr Mulligan was then appointed --

Q. Yes, you're quite right?A. -- in November approximately.

Q. I understand, yes.

MR SINGLETON: Your attention has been drawn to a document written by Mr Anstiss who's also - do you recall that he was the Chair of the audit and risk committee?A. I beg your pardon?

Q. Michael Anstiss was the Chair of the audit and risk committee?A. Yes.

Q. There were three members of the committee, do you recall?A. Yes.

Q. One of them was a councillor representing the Mayor, is that right?A. Yes, that was Kevin Schreiber.

Q. And the third member or other member?A. Mr Broughton.

Q. Mr Anstiss and Mr Broughton were not employees of the council, correct?A. No, they were community representatives.

Q. But did they have any particular experience or background in being on an audit and risk committee or were they randomly picked?A. They were retired but formerly had worked at high level as either accountants or corporate managers working in the local area, or living in the local area, I beg your pardon. So they were aware of corporate governance and the law pertaining to the operation of cooperations and such.

Q. In practical terms the membership of this committee was two people with genuine relevant expertise for an audit and risk committee and one person to represent the governing body?A. Correct.

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Q. Would you agree with that analysis?A. Yes.

Q. You referred in chief to the impact on personnel, I think you said a huge toll was inflicted upon them by the radio broadcasts and related events?A. Yes.

Q. I don't want you to talk about any individuals but broadly what was the nature of the toll on a number of people, your colleagues?A. It was obviously taking a toll on members of the asbestos management team. Many of them withdrew into themselves and showed visible signs of stress. It took a toll on other people who weren't directly in the team. At least three that I know left the employment of this organisation suffering from either a nervous - commonly referred to as a nervous breakdown or the profound acute affect of stress. Some of them I don't think have ever worked again.

Q. It's correct to say, is it not, that making it clear to the executive leadership that an issue was not under control, especially a safety issue or a governance issue, was exactly a part of your job?A. A part of my job, yes.

Q. Exactly a part of your job?A. (Indistinct).

Q. Central to your job?A. Central to my job.

Q. And you did it?A. And I did it, yes.

Q. Thank you, those are my questions.

THE COMMISSIONER: Thank you Mr Singleton.

MR SINGLETON: Thank you Mr McKay?A. Thank you.

THE COMMISSIONER: Anything arising?

MR GLOVER: No, sir.

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THE COMMISSIONER: Thank you very much for your time and your assistance which is appreciated. You're excused.

<THE WITNESS WITHDREW

THE COMMISSIONER: We need to de-sanitise so we'll have a break for five minutes while that occurs and then at least make a start with Mr Harris.

SHORT ADJOURNMENT

THE COMMISSIONER: Are you right?

MR GLOVER: Yes.

THE COMMISSIONER: I think we're ready, Mr Harris, when you are. You can come forward.

<ALAN JAMES HARRIS, sworn: [3.38 PM]

THE COMMISSIONER: Yes Mr Glover.

MR GLOVER: Thank you Commissioner. Can you state your full name, please?A. Alan James Harris.

Q. What's your current occupation?A. I'm an asbestos management consultant engaged by the council.

Q. Engaged by the council. How long have you been involved in safety consultancy work?A. As a consultant for three years now. As a safety professional for 20 plus years.

Q. Thank you. You were engaged as the council's chief safety officer in December 2017; is that right?A. 11 December 2017 I believe.

Q. And had you had involvement with the council prior to that date?A. Not at all.

Q. The role of chief safety officer is an important one within an organisation, do you agree?A. Oh, absolutely.

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Q. Why?A. A chief safety officer role or a director of safety or somebody in that position has a nexus role between the workers and management and the senior management team of that organisation to ensure that the policies, procedures, methodologies required to ensure compliance with principal and subordinate work health and safety legislation are actually in place and operational.

Q. Yes?A. That would be the key role I would say.

Q. When you arrived in that role it was a busy time at the council in respect of safety matters, wasn't it?A. I think that's probably an understatement I guess.

Q. And one of the first things that you were put in charge of was the new task force framework, in particular dealing with asbestos matters, that's right?A. Yes, whilst the role was given a title of chief safety officer principally I was engaged by Centium to achieve two principal tasks. The first one was to implement the asbestos management plan and the second was to give rise to the asbestos management - the asbestos response team and to get that group up and going and running in the organisation.

Q. In that answer you referred to Centium, is it the case that you were a consultant with or an employee of Centium before you joined the council?A. Yes, so I was - for a majority of the last three years I was actually engaged by Centium who on-sold me to the Blue Mountains City Council and it was probably the last 12 plus months I guess where I was finalised with Centium and became directly under contract with the Blue Mountains City Council.

Q. You were given the title of chief safety officer but you've now described it as an asbestos management consultant, that's right?A. Yes.

Q. When did that change?A. The council engaged a person, Mr Grant Medlock, as the chief safety officer which freed me up to do a lot of the preparations for this inquiry and other investigations. So

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I took on a much, pretty much a 100 percent role in looking at the asbestos issues.

Q. So although you'd moved away from the chief safety officer role you're still very much familiar with the council's work on asbestos management issues?A. Absolutely, yes.

Q. Up until the present day, correct?A. Yes.

Q. I'm going to have Mr Broad bring you Exhibit 11. You'll see some numbers in the top right-hand corner of the page once you turn over from the index. If you just turn over that index page and then there's a tab marker. Keep going and there's some numbers in the top right-hand corner, do you have that?A. Yes.

Q. If you could turn to page 15 for me, please?A. Yes.

Q. There's a corporate or a structure document of the asbestos response team, do you recognise that?A. Yes, I do.

Q. You led that team from December 2017 onwards, correct?A. The team at December 2017 wasn't exactly this structure. Wendy Carlson came on at a later period. Alison Loader came on at a later period. Christine Jones came on at a later period. But yes, you are correct but it's not entirely correct.

Q. You see the bottom right-hand corner of the page it's dated 15 May.

THE COMMISSIONER: 18.

MR GLOVER: 18, do you see that?A. Yes. That would be realistic to that date.

Q. And it's the case that from its inception in December 2017 additional resourcing was brought on in early 2018; is that right?A. That is absolutely correct.

Q. But the general premise of my earlier question was

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that you led this team from December 2017 onwards?A. Yes.

Q. In various forms was correct?A. Yes, absolutely.

Q. Did you ever cease leading that team up until the present day?A. Yes, because - oh that's a pretty good question. There was never a specific set date. I guess the best cut off date, if we're going to come up with one, would be the organisational restructure at which time the asbestos response team was placed under the stewardship of Gary Parsons and that directorate which formalised my ending with that particular team.

Q. That's now part of the role in which Mr Adams occupies as hazardous materials and --A. Yes, it was given a new name. It was rebadged and given additional duties.

Q. The work of the team that you led has now been incorporated into that new structure?A. Yes, they're grown up and leaving home.

Q. What I want to explore with you is from your perspective as leading this team, how the team - that is the asbestos response team - operated in responding to asbestos finds or asbestos issues in the period December 2017 through 2018?A. Okay. The best description is they were a first responder. So they were specifically set up to deal with incidents that the Blue Mountains, incidents within the Blue Mountains local government area, within the confines of variabilities and licences that council could deal with without having to call on LAA or an AR to do each and every one of those things. Which gave council a significant benefit in one, it was significantly cheaper to do that, and plus it built into the council structure a degree of expertise which was obviously a very, very good thing. So in a day-to-day sense should a member of the Blue Mountains City Council or a member of the public in terms of illegal dumping or just asbestos finds out in the local government area ring through to council or ring through to the front desk, within an hour for the most we could actually have a team out there analysing that site and making a decision what needs to be done.

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Q. So there was a function of receiving reports of asbestos finds or concerns within the organisation?A. Yes, they received - a number of reporting mechanisms were established. A telephone hotline was initially established and it ran for a number of years whereby members of the public could actually - it was advised, could actually ring a specific hotline number to report asbestos issues. We also had an online form that could be utilised by staff or the staff could actually ring through. Of course all three of those mechanisms, those conduits were used. And once a report was received would there be an initial assessment of the issue undertaken?A. That's right. Certainly to start with until the team gained some experience Jason would go out and actually eyeball the situation himself, clearly that is a requirement, and make an onsite determination whether his team could deal with that issue or whether we needed the services of an LAA or an AR.

Q. The other part of the two-pronged task you were given initially was the implementation of the asbestos management plan?A. That's true.

Q. What did that involve?A. A good deal. So as Grant was probably explaining to you the task the council had was not only to create an asbestos management plan but to also ensure its implementation, which is its effective embedding into the workplace. So that required quite a significant changing of Vic standard operational procedures, methodologies, the introduction of a significant number of brand new ones and then of course there was a lot of consultation and training that had to go along to the staff, the implementation of the asbestos awareness program, the continuance of the tool box talks, the strengthening of those. And at the same time, of course, and has Grant has previously mentioned all of those methodologies and systems and practices had to be reviewed and signed off by SafeWork.

Q. Just picking up on that part of answer, you referred to consultation and training of staff?A. Yes, most definitely.

Q. What do you have in mind when referring to consultation and training of staff in the context of the

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implementation of the asbestos management plan?A. It's a key work health and safety policy. There was a significant amount of consultation throughout the iterations of that plan and if we think back to, from December 2017 and now there are basically three significant iterations of that plan. At each time there is a requirement to consult with staff. So that would be through the extant health and safety consultation mechanisms, which would be your health and safety committee, your chairpersons, your health and safety representatives at the workplaces that did not have formal health and safety committees. That also included a full day where we brought a whole number of people into Springwood hub, invited SafeWork, invited USU, Mr Bill O'Kell, and going through those documents page by page. I think you'll recall there's evidence given by previous witnesses where we also put these documents on to council's website and invited any person who wished to review those documents and provide feedback to the team, to the safety team. That is a normal part of consultation that you would expect an organisation to engage in. That occurred. That occurred on each of those three iterations. And feedback was received and it was considered and some changes were made in summaries. Not all consultation doesn't demand changes to be made. It demands that they are considered.

Q. What you're speaking of there is the review and revision of the asbestos management plan after its initial adoption prior to you joining in October 2017, correct?A. Sorry, sir, could you say that again?

Q. When you're talking about consultation and review of the asbestos management plan, do I understand you to be referring to the subsequent revisions to that plan following its initial adoption prior to you joining in October 2017?A. That's right. It is, like work health and safety documented systems, they are live documents. They will and should be constantly reviewed and changed as situations dictate.

Q. The second part of the answer I was interested in in particular was training. Now from December 2017 was there a new approach to training of staff in asbestos matters?A. I'm not too sure when I say it's a new approach, as in it wasn't happening before because most certainly there were levels of training occurring before I joined and then

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--

Q. Was it (indistinct)?A. Yes, there was - it was more, we put more structure and emphasis around it. For example, we made the asbestos awareness program which is a short half day presentation advising all staff, irrespective if they work in operational outdoor area where they might find asbestos or maybe work in a position where they will never be exposed to such a situation at all. All staff, we made all staff go through that.

Q. Compulsory (indistinct)?A. It became compulsory and it still is now. We basically tiered the training so that workers at the time that we deemed to be asbestos related workers, being workers that may in the course of their employment come across asbestos, that might include rangers finding illegal dumps, that most certainly would include waste services, personnel at Blaxland which is as you know a licensed receiving station but also at Katoomba Waste because the material is quite frequently smuggled, there are attempts to bring in that material quite frequently and staff are exposed to it. So we deem those people to be asbestos related workers.

Q. Those sorts of workers would receive an additional level of training?A. An additional level of training. So basically we provided, the council - I say we, I mean the Blue Mountains City Council, provided what's generally termed to be a class course, it's a bit of a misnomer but it is a full day of face-to-face training with a presenter who's licensed to provide that. It is under the Australian quality training framework. It is a recognised piece of training.

Q. Into 2018 council had ongoing engagement with SafeWork, you're aware of that?A. Very much so.

Q. You were involved, were you?A. Yes.

Q. Can you just generally describe your involvement and engagement with SafeWork?A. I guess upon starting with council I became the principal conduit, I guess. I generally work very well

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with SafeWork New South Wales and regulators simply because I worked with these people for a number of decades and it's very natural in my role as implementing the asbestos management team and the asbestos management plan, it became - it's logical that I would become, in the absence of Mark Mulligan who left shortly after me joining and Grant McKay taking a back step and handing over most of those duties to myself, that I would become a principal communications method between SafeWork and the council.

Q. And did you have contact with anyone in particular at SafeWork in doing it?A. All of the inspectorate and the seniors.

Q. How would you describe your working relationship with representatives from SafeWork?A. Very strong. The only way that we were going to get this PCBU and SafeWork through this is that we were going to have very, very significant conversations, very blunt and open conversations about what we believed was going on and how we were going to resolve those issues. There were conversations on and off-the-record to ensure that that happened.

Q. Although there might have been blunt conversations and direct conversations from time to time, would you regard the relationship as a collaborative one?A. Oh, yes. Please don't mean that those comments meant that they were negative. They were actually very strong. I've worked with Kathryn Heiler for over a decade. I know her considerably through Rural Fire Service and previous employment and I had not met any of the construction asbestos inspectors before but I would consider some of these gentlemen my friends now.

Q. What about the EPA, any engagement with them?A. To a lesser extent. Certainly yes, during their investigations into 2-6 Part 3, 283 Great Western Highway and the Katoomba Waste facility. I accompanied the inspectors during all of those and during their investigations on site and made sure that the information that they required the council to provide through legal requests to forward information, I took a role in ensuring that that documentation was provided to the EPA and SafeWork who both forwarded requests for documents.

Q. Again, how would you describe your working

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relationship with those representatives from the EPA?A. I think it was very strong and quite helpful. There was never that I can think of - from time to time there'd be disagreements. We had technical disagreements. But disagreements between professional people is certainly not uncommon, so we agreed to disagree about some things, which is fine. But it never, it never interfered or resulted in any undue situation.

Q. Ultimately if SafeWork or the EPA disagreed with you and suggested that a particular course was taken, was that course taken?A. The regulator was always going to win. The regulator was going to win in most situations unless you go down a path of asking for formal reviews and so on and so forth, in which case they might not win.

Q. That wasn't a course you followed?A. Yes, on four occasions the situation warranted in my opinion a formal review of notices and that did occur and those notices were withdrawn.

Q. What about the union, the USU, did you have any engagement with them in your role?A. Principally through Mr Bill O'Kell, yes. I think I had a good working relationship with Bill. The USU site representatives, Mr (Indistinct) and Mr Mick Karafillof and so forth. Cordial I think, difficult at times for sure. That is again no different than my previous experiences with the Transport Workers Union or the Nurses Federation or the Prison Officers Union. That's the nature of the beast, that's fine.

Q. Did you consider that you were able to work with the union representative?A. Well we did. We did. Bill O'Kell was invited to attend some of these consultation sessions and he did attend when he could and he personally thanked the council and myself for engaging with the USU and their representatives to that way. So yes, I would say that's true.

Q. Were you required to brief executive leadership on the work of your team?A. Constantly. The elected body, the ELT every week, yes.

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Q. We'll separate those out. Starting with the elected body, how often would you be asked to brief the elected body?A. Formally every Tuesday night that occurred during the - so every Tuesday there is either a briefing, a formal - a briefing session or there's a council meeting. So for a period of close to 18 months I was providing formal briefings every Tuesday night to the elected council as to what had occurred during the previous week, what notice had been issued, which ones had been complied with, what SafeWork was passing back to us and our thoughts and feelings as to how things were progressing.

Q. You said 18 months, so from the end of 2017 through to mid-2019, is that --A. That would be pretty close. If it wasn't 18 months it would be 14 or 16.

Q. Was it a similar sort of briefing arrangement to the ELT?A. Yes, I would say that would be true. Mostly it's easier to brief the ELT because I was substantively based in the headquarters building, so it's not difficult for me to brief Rosemary or me to brief any of the executive quite frequently. But for the same period of time I was also briefing ELT during their ELT meetings and so that was minuted and recorded.

Q. Thank you. Is that a convenient time, Commissioner?

THE COMMISSIONER: It is. We'll adjourn until 10 am tomorrow with Mr Harris.

<THE WITNESS WITHDREW

AT 4 PM THE HEARING WAS ADJOURNED TO THURSDAY, 1 OCTOBER 2020 AT 10 AM

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11 [10] - 828:8,

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1.1 [1] - 850:1610 [3] - 850:2,

920:31, 920:3710.00 [1] - 384:2210.02 [1] - 800:9100 [3] - 820:13,

855:10, 913:11000 [1] - 821:141001 [1] - 821:171004 [2] - 822:26,

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866:28, 893:9, 912:34120 [1] - 828:7121 [2] - 866:8,

896:29122 [1] - 899:40123 [1] - 899:43124 [1] - 901:713 [6] - 815:15,

816:3, 817:18, 818:24, 884:34

14 [8] - 814:28, 815:2, 841:18, 890:47, 899:40, 920:17

1471 [2] - 831:15, 831:18

1478 [1] - 833:2015 [8] - 817:19,

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16 [1] - 920:171627 [1] - 841:391628 [1] - 842:201629 [1] - 843:51630 [1] - 843:11166 [1] - 883:3317 [11] - 831:5,

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1701 [1] - 847:381720 [1] - 849:381721 [3] - 849:33,

849:37, 849:461721A [4] - 849:35,

849:38, 849:43, 850:21724 [1] - 844:371724A [3] - 844:35,

844:46, 845:181724B [2] - 855:44,

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860:341783 [1] - 861:231785 [2] - 861:28,

861:291799 [1] - 863:2918 [14] - 841:19,

855:15, 855:16, 864:39, 870:40, 873:31, 891:1, 896:10, 896:11, 913:37, 913:39, 920:7, 920:14, 920:16

1800 [1] - 863:401873 [2] - 866:38,

866:411879 [1] - 875:191880 [1] - 875:291949 [1] - 836:23

22 [15] - 816:10,

831:15, 841:43, 842:9, 843:24, 843:35, 845:8, 845:36, 860:39, 861:29, 871:22, 876:17, 876:21, 897:4, 904:13

2-6 [1] - 918:382.05 [1] - 871:292.34 [2] - 886:1,

901:920 [2] - 900:32,

911:352000 [2] - 903:5,

903:152000" [1] - 903:162005 [1] - 820:402012 [8] - 806:6,

807:36, 812:11, 841:17, 890:47, 892:13, 893:9, 902:39

2013 [10] - 814:27, 814:32, 816:20,

817:16, 818:3, 833:42, 854:11, 892:26, 904:45

2013-2023 [1] - 891:52014 [8] - 800:22,

801:27, 801:39, 803:4, 803:28, 813:21, 819:23, 841:17

2015 [9] - 804:25, 827:28, 828:32, 830:30, 868:9, 887:25, 888:8, 889:9, 890:25

2016 [5] - 813:21, 831:22, 833:40, 835:40, 899:44

2016/2017 [1] - 841:72017 [81] - 804:35,

807:15, 807:17, 807:34, 808:13, 808:22, 808:26, 812:25, 813:3, 813:10, 813:32, 813:41, 814:35, 816:29, 816:33, 817:32, 825:8, 830:26, 830:44, 834:29, 837:22, 837:42, 841:9, 841:10, 841:23, 841:24, 841:31, 841:44, 842:23, 842:33, 843:20, 844:41, 845:8, 845:36, 847:21, 847:39, 851:35, 853:5, 855:14, 856:43, 857:35, 859:4, 859:30, 860:15, 864:39, 866:9, 866:14, 871:14, 871:39, 873:29, 873:30, 875:21, 876:12, 876:35, 877:14, 887:2, 887:38, 887:43, 889:16, 894:36, 895:4, 896:10, 896:21, 899:33, 899:41, 901:8, 901:9, 901:10, 906:17, 911:38, 911:39, 913:27, 913:28, 913:43, 914:1, 914:30, 916:5, 916:29, 916:36, 916:43, 920:14

2018 [7] - 800:22, 866:15, 869:1,

900:35, 913:43, 914:30, 917:37

2020 [2] - 384:22, 920:37

2107 [2] - 880:19, 880:24

2107A [2] - 880:19, 881:35

2234 [1] - 885:12224 [2] - 814:12,

814:1423 [2] - 384:26, 818:324 [3] - 899:32,

900:17, 901:7249 [3] - 819:45,

820:29, 904:1925 [2] - 901:9, 901:1026 [2] - 831:21,

835:4028 [3] - 856:13,

876:11, 876:35283 [1] - 918:3829 [4] - 856:42,

877:14, 898:16, 899:44

33 [9] - 842:5, 842:23,

847:23, 847:39, 865:20, 897:6, 897:9, 897:32, 918:38

3.08 [1] - 901:153.1 [1] - 851:213.34 [1] - 901:113.38 [1] - 911:2030 [2] - 384:22,

844:4130-32 [1] - 384:1731 [1] - 860:1435 [1] - 885:1938 [1] - 806:2

44 [3] - 893:26,

900:19, 920:364.1 [1] - 865:254.3 [2] - 897:28,

897:324.3.2 [1] - 826:4438U [1] - 384:544 [1] - 885:19

55 [3] - 884:30,

884:33, 884:36

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66 [3] - 865:5, 866:8,

896:256.00.37 [1] - 899:4469 [2] - 902:12,

902:37

77 [4] - 820:33,

854:36, 866:47, 867:57-282733 [1] - 828:1473 [1] - 866:44733 [1] - 828:1673A [1] - 866:42

88 [2] - 854:15, 859:308.39 [1] - 876:35800 [1] - 854:3682 [11] - 805:47,

831:10, 831:15, 841:39, 866:3, 866:5, 875:17, 875:19, 877:13, 902:13, 902:38

990 [2] - 812:7, 870:2296 [1] - 812:9

AABBREVIATION [1] -

886:38ABILITY [3] - 826:28,

863:23, 872:14ABLE [26] - 802:19,

804:1, 804:21, 823:47, 826:28, 827:10, 831:47, 832:9, 835:47, 849:40, 851:9, 851:11, 858:36, 859:18, 859:20, 860:27, 862:3, 872:14, 873:24, 883:43, 885:37, 890:31, 891:17, 892:31, 908:5, 919:34

ABREAST [1] - 826:15

ABSENCE [2] - 895:36, 918:5

ABSOLUTELY [11] - 802:43, 817:24, 827:20, 849:17,

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860:32, 863:10, 894:16, 911:47, 913:7, 913:45, 914:5

ACCELERATE [1] - 814:2

ACCELERATED [1] - 862:6

ACCELERATION [3] - 830:36, 841:20, 891:1

ACCEPT [3] - 825:47, 856:3, 856:19

ACCEPTABLE [1] - 812:5

ACCEPTED [2] - 877:4, 900:46

ACCOMPANIED [1] - 918:39

ACCORD [1] - 871:17

ACCORDANCE [7] - 801:19, 802:12, 803:1, 811:1, 831:44, 840:36, 887:22

ACCORDS [1] - 842:2

ACCOUNT [3] - 817:37, 846:3, 906:3

ACCOUNTANTS [1] - 909:37

ACCURATE [13] - 819:22, 819:24, 819:26, 840:21, 852:37, 852:43, 853:9, 853:21, 861:34, 861:35, 893:1, 893:6, 893:15

ACCURATELY [1] - 854:10

ACHIEVE [8] - 819:28, 824:19, 824:39, 825:4, 825:8, 831:41, 840:27, 912:22

ACHIEVED [3] - 825:41, 838:45, 877:40

ACHIEVING [1] - 869:15

ACKNOWLEDGEMENT [1] - 875:47

ACT [1] - 384:5ACT [4] - 801:19,

908:21, 908:29, 908:30

ACT [9] - 822:38, 822:45, 879:6, 887:23, 887:29, 887:32, 887:33, 887:45, 888:9

ACTED [3] - 800:29, 802:12, 811:30

ACTING [7] - 803:1, 805:45, 874:6, 887:21, 898:16, 908:30, 908:34

ACTING [1] - 908:40ACTION [8] - 817:7,

841:47, 842:5, 852:28, 865:25, 869:39, 870:20, 889:27

ACTIONS [8] - 814:22, 814:40, 816:39, 817:3, 857:18, 857:28, 858:41, 899:7

ACTIONS [1] - 858:18

ACTIVE [1] - 841:15ACTIVELY [1] -

853:39ACTIVITIES [2] -

828:27, 841:14ACTIVITY [5] -

832:13, 887:35, 887:36, 887:37, 888:5

ACTUAL [7] - 801:36, 805:19, 815:38, 828:44, 861:9, 862:5, 908:31

ACUTE [3] - 854:46, 854:47, 910:18

AD [2] - 820:4, 904:27

ADAMS [4] - 876:11, 876:34, 876:39, 914:17

ADD [3] - 820:13, 872:14, 906:15

ADDITION [1] - 809:1ADDITIONAL [5] -

830:23, 913:43, 914:20, 917:27, 917:29

ADDRESS [5] - 822:35, 857:18, 860:14, 867:20, 883:44

ADDRESSED [6] - 828:47, 849:11, 884:9, 884:10, 884:20

ADDRESSING [2] - 805:17, 866:17

ADEQUATE [3] - 820:20, 821:26, 824:19

ADEQUATELY [1] - 820:17

ADJOURN [2] -

871:22, 920:31ADJOURNED [1] -

920:36ADJOURNMENT [3]

- 839:22, 871:27, 911:11

ADJOURNMENT [1] - 839:30

ADMINISTRATIVE

[1] - 889:47ADOPT [1] - 812:22ADOPTED [3] -

833:36, 900:32, 900:46

ADOPTING [1] - 833:41

ADOPTION [2] - 916:29, 916:35

ADVANCE [4] - 830:45, 834:3, 836:14, 840:15

ADVANCES [2] - 853:33, 853:34

ADVANCING [3] - 838:13, 890:2, 890:10

ADVICE [1] - 858:5ADVISE [2] - 809:41,

879:27ADVISED [1] - 915:7ADVISING [1] -

917:7AFFAIRS [1] -

864:20AFFECT [1] - 910:19AFFECTED [2] -

840:35, 907:33AFFIRMATION [1] -

800:7AFFIRMED [1] -

800:9AFTERNOON [2] -

858:10, 877:39AFTERWARDS [1] -

906:6AGE [1] - 882:5AGENDA [2] -

893:28, 900:16AGENDA [1] - 901:7AGGRESSIVE [1] -

870:47AGITATING [3] -

871:47, 872:32, 872:34

AGITATION [2] - 872:1, 872:38

AGO [4] - 802:27, 880:27, 885:28, 891:20

AGREE [24] - 806:27, 807:10, 819:35,

819:38, 826:16, 827:14, 830:12, 841:35, 846:3, 846:8, 848:18, 849:15, 852:36, 852:40, 852:42, 853:19, 860:6, 860:7, 863:24, 889:30, 898:34, 908:2, 910:1, 911:46

AGREED [7] - 840:36, 854:10, 869:4, 907:26, 907:34, 919:6

AHEAD [23] - 806:11, 811:43, 812:45, 814:5, 816:1, 818:3, 820:24, 822:17, 826:4, 831:8, 833:11, 833:28, 839:28, 844:35, 845:1, 849:33, 863:29, 868:44, 869:13, 883:29, 885:12, 891:33, 898:3

AIDE [1] - 864:6AIDE-MEMOIRE [1] -

864:6AIM [2] - 825:4,

832:24AIMS [1] - 825:1AIRSAFE [11] -

807:40, 817:1, 817:2, 831:2, 870:21, 876:30, 879:42, 880:19, 880:24, 880:28, 903:9

ALAN [1] - 911:20ALAN [1] - 911:26ALARM [3] - 879:26,

880:1, 880:6ALARMED [1] -

840:24ALIGN [1] - 822:37ALIGNED [1] - 802:6ALISON [1] - 913:30ALLEGATIONS [4] -

843:42, 843:45, 872:35, 872:37

ALLEGED [1] - 847:3ALLEGING [1] -

843:46ALLOCATED [1] -

861:44ALLOW [2] - 890:11,

890:36ALLOWED [2] -

843:47, 908:34ALLOWING [1] -

816:24ALLUDED [1] -

.30/09/2020 (23) WITNESSTranscript produced by Epiq

2

807:22ALMOST [3] -

843:36, 868:26, 877:2AM [1] - 920:37AMOUNT [4] -

858:35, 877:28, 902:31, 916:3

AMP [3] - 875:29, 903:26, 903:31

AMPT [1] - 907:12AN [1] - 901:8ANALOGY [1] -

902:31ANALYSED [1] -

906:12ANALYSING [1] -

914:46ANALYSIS [6] -

804:12, 804:19, 806:6, 813:23, 892:17, 910:1

AND [3] - 866:8, 899:40, 901:9

ANDERSON [8] - 803:18, 821:23, 821:32, 822:20, 825:23, 837:36, 862:17, 872:8

ANDERSON'S [1] - 872:25

ANNOTATED [1] - 879:6

ANSTIS [1] - 897:26ANSTISS [7] -

898:12, 898:36, 898:44, 899:24, 909:10, 909:14, 909:29

ANSTISS [1] - 899:43

ANSWER [29] - 802:14, 802:27, 803:38, 805:26, 808:36, 818:13, 822:11, 825:27, 829:15, 829:22, 830:22, 834:32, 837:38, 846:19, 862:20, 867:46, 870:27, 870:30, 870:31, 872:4, 874:21, 874:33, 881:44, 898:28, 898:30, 912:29, 915:42, 916:42

ANSWERING [1] - 893:34

ANSWERS [6] - 800:16, 841:42, 865:42, 871:34,

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880:34, 882:8ANTICIPATING [1] -

820:31ANYWAY [3] -

844:10, 847:21, 891:28

APPARENT [1] - 841:8

APPENDICES [1] - 848:13

APPLICATION [1] - 859:43

APPLIED [3] - 892:21, 901:23, 905:8

APPLY [2] - 826:40, 867:33

APPLYING [1] - 878:29

APPOINTED [1] - 909:2

APPOINTMENT [2] - 873:33, 874:11

APPRECIATE [6] - 812:14, 815:27, 818:7, 829:22, 880:33, 882:38

APPRECIATED [2] - 895:1, 911:2

APPRECIATING [1] - 853:16

APPROACH [40] - 804:30, 813:22, 820:22, 824:1, 824:20, 826:34, 829:46, 831:40, 832:14, 832:20, 838:33, 840:5, 841:34, 848:18, 848:19, 848:30, 848:37, 848:38, 849:7, 849:16, 849:19, 849:26, 850:43, 851:1, 851:6, 851:12, 851:19, 852:14, 852:38, 854:30, 854:37, 859:47, 860:5, 863:4, 867:26, 875:45, 906:47, 916:44, 916:45

APPROACHING [1] - 838:41

APPROPRIATE [10] - 807:1, 838:33, 848:18, 848:19, 877:31, 879:38, 880:15, 881:8, 881:9, 883:18

APPROPRIATELY

[2] - 869:14, 876:5

APPROVAL [1] - 832:34

APPROVALS [1] - 859:38

APPROVED [1] - 898:20

APPROVING [1] - 861:43

APRIL [1] - 816:20APT [1] - 906:12AR [2] - 914:36,

915:19AREA [28] - 801:38,

801:43, 801:44, 802:1, 804:41, 806:28, 806:31, 826:27, 826:43, 832:28, 834:42, 835:3, 835:23, 836:3, 840:36, 840:41, 841:15, 844:26, 853:20, 862:46, 863:12, 870:21, 888:43, 909:38, 914:34, 914:44, 917:8

AREAS [7] - 806:19, 809:27, 814:3, 815:23, 832:20, 833:16, 850:38

ARGUABLY [1] - 903:36

ARGUE [1] - 884:24ARGUMENT [1] -

887:20ARISE [1] - 809:11ARISEN [1] - 808:23ARISING [2] - 886:5,

910:44AROSE [1] - 805:45ARRANGEMENT [6]

- 855:13, 867:5, 867:35, 874:12, 897:35, 920:19

ARRANGEMENTS

[2] - 860:42, 905:9ARRIVAL [1] -

804:18ARRIVE [2] - 803:22,

837:3ARRIVED [3] - 806:7,

887:38, 912:14ARSE [1] - 870:11ARTEFACTS [1] -

810:40ASBESTOS [21] -

808:18, 808:19, 814:36, 814:38, 816:19, 817:26, 828:37, 829:28, 829:29, 829:36,

829:44, 837:21, 837:32, 837:41, 871:44, 875:20, 875:25, 886:45, 889:33, 895:37, 896:36

ASBESTOS [1] - 828:8

ASBESTOS [201] - 804:31, 804:45, 805:1, 805:5, 805:16, 805:40, 806:20, 806:23, 806:27, 806:37, 807:27, 807:33, 807:36, 807:43, 808:27, 808:32, 808:35, 809:24, 809:45, 812:10, 812:21, 812:22, 813:1, 813:4, 813:13, 813:26, 813:36, 813:47, 814:42, 815:23, 815:26, 815:29, 817:2, 817:9, 817:12, 817:22, 818:20, 818:25, 818:31, 819:10, 819:12, 820:21, 820:31, 822:43, 828:3, 829:47, 830:37, 831:1, 833:20, 833:32, 834:4, 835:19, 836:24, 837:18, 838:1, 838:31, 839:31, 840:4, 840:13, 840:30, 840:35, 840:40, 841:6, 841:34, 842:1, 842:37, 842:45, 842:47, 843:3, 843:4, 843:6, 843:10, 843:13, 843:39, 843:43, 844:1, 844:3, 847:43, 848:23, 848:26, 849:30, 850:7, 850:17, 851:24, 851:46, 852:15, 852:38, 854:16, 854:27, 854:31, 855:34, 857:19, 857:42, 858:12, 858:33, 858:40, 859:6, 860:42, 860:47, 861:13, 861:29, 861:31, 862:1, 862:3, 862:18, 862:22, 863:3, 863:9, 863:18, 863:22, 865:31,

866:17, 868:19, 868:47, 869:18, 871:40, 872:1, 872:32, 873:20, 873:25, 873:41, 874:9, 878:26, 878:31, 879:31, 880:10, 880:36, 881:17, 881:27, 881:31, 881:36, 881:46, 882:4, 882:15, 882:19, 882:24, 882:29, 882:31, 882:34, 882:40, 883:6, 883:11, 884:33, 884:41, 885:15, 886:47, 887:13, 896:14, 896:20, 896:32, 897:47, 898:17, 900:22, 900:31, 900:45, 902:16, 902:17, 902:43, 903:3, 903:20, 903:25, 903:31, 903:43, 904:12, 905:37, 905:39, 905:40, 906:21, 906:25, 910:13, 911:29, 912:20, 912:24, 912:25, 912:40, 913:2, 913:6, 913:24, 914:12, 914:28, 914:29, 914:43, 915:3, 915:9, 915:22, 915:29, 915:36, 916:1, 916:28, 916:33, 916:44, 917:5, 917:8, 917:16, 917:18, 917:24, 918:3, 918:4, 918:33

ASCERTAIN [1] - 801:10

ASIDE [7] - 823:6, 848:33, 849:13, 863:2, 868:2, 868:8, 892:15

ASMP [1] - 897:9ASPECT [1] - 840:39ASPECTS [2] -

832:46, 857:45ASPIRATION [1] -

824:40ASSESS [1] - 858:38ASSESSING [1] -

832:46ASSESSMENT [3] -

821:8, 851:32, 915:13ASSESSMENTS [1] -

.30/09/2020 (23) WITNESSTranscript produced by Epiq

3

851:18ASSET [10] - 808:47,

809:1, 809:4, 809:5, 809:12, 809:35, 809:44, 815:34, 834:6, 844:32

ASSETS [4] - 805:15, 818:20, 818:31, 833:46

ASSIGN [1] - 905:12ASSIGNED [2] -

905:1, 906:27ASSIST [2] - 832:8,

844:6ASSISTANCE [3] -

863:33, 874:8, 911:2ASSISTED [1] -

893:20ASSISTING [4] -

890:5, 890:7, 890:13, 891:31

ASSISTS [1] - 812:29ASSOCIATED [1] -

898:2ASSUME [5] - 852:4,

868:2, 868:12, 892:17, 892:27

ASSUMES [1] - 816:25

ASSUMING [5] - 830:14, 830:29, 884:12, 892:12, 898:12

ASSUMPTION [2] - 823:7, 823:9

ASSUMPTIONS [1] - 889:39

ASSURANCE [1] - 874:6

ASTERISK [1] - 837:35

AT [5] - 899:44, 901:9, 901:11, 920:36, 920:37

ATTACHED [1] - 835:33

ATTACHING [1] - 883:32

ATTACHMENTS [1] - 891:40

ATTEMPT [1] - 831:43

ATTEMPTS [1] - 917:22

ATTEND [7] - 823:3, 823:12, 826:44, 848:39, 857:5, 919:37, 919:38

ATTENDED [3] - 837:26, 837:35,

Page 126: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

838:26ATTENTION [9] -

804:34, 842:32, 860:23, 883:39, 902:15, 903:24, 904:18, 904:25, 909:9

AUDIT [3] - 896:25, 897:24, 897:27

AUDIT [2] - 866:8, 899:40

AUDIT [20] - 805:19, 816:42, 832:38, 842:37, 842:46, 843:13, 865:2, 865:25, 865:31, 897:40, 898:41, 899:9, 899:11, 899:25, 906:5, 909:11, 909:14, 909:34, 909:43

AUDIT" [1] - 865:18AUDITS [4] - 805:14,

807:34, 822:9, 858:40AUGUST [5] -

816:20, 818:3, 867:1, 867:5, 875:21

AUSTRALIAN [1] - 917:34

AUTHOR [7] - 819:27, 820:1, 823:8, 823:23, 823:35, 826:14, 832:1

AUTHORED [1] - 804:27

AUTHORITATIVE [1] - 822:7

AUTHORITY [1] - 856:33

AVAILABLE [1] - 812:22

AVOID [1] - 840:35AWARE [47] -

804:30, 807:13, 807:20, 807:33, 807:45, 807:47, 808:2, 808:8, 808:19, 808:23, 812:15, 812:47, 813:35, 814:26, 814:28, 814:31, 815:8, 822:42, 827:26, 828:27, 830:26, 830:40, 833:40, 834:28, 842:41, 852:13, 853:30, 856:16, 857:4, 857:26, 861:34, 862:46, 868:2, 886:47, 887:43, 889:8, 889:32,

889:43, 889:44, 895:46, 896:19, 898:12, 904:46, 909:39, 917:38

AWARENESS [6] - 805:39, 859:5, 859:17, 862:1, 915:36, 917:6

BBACKGROUND [3] -

819:9, 841:47, 909:34BAD [6] - 811:29,

811:30, 811:32, 876:40, 877:4

BASED [8] - 803:7, 811:20, 818:37, 822:21, 852:20, 896:44, 920:22

BASELINE [3] - 826:39, 851:16, 851:17

BASEMENT [1] - 862:39

BASIC [1] - 904:11BASIS [1] - 874:13BAULKHAM [2] -

858:9, 867:28BEAR [1] - 890:20BEARING [1] -

905:10BEASLEY [1] -

384:30BEAST [1] - 919:32BEATING [2] -

853:31, 888:46BECAME [23] -

810:32, 812:15, 813:3, 814:35, 818:19, 820:44, 825:11, 830:44, 834:28, 841:8, 841:14, 852:4, 854:46, 861:12, 873:13, 873:20, 905:38, 912:36, 917:14, 917:46, 918:4

BECOME [16] - 804:30, 807:13, 807:20, 807:24, 808:8, 808:18, 812:47, 813:35, 814:31, 827:26, 840:24, 841:15, 841:32, 862:21, 918:5, 918:8

BECOMES [1] - 868:26

BECOMING [3] -

828:27, 859:7, 886:47BEG [13] - 802:24,

808:39, 811:14, 819:43, 822:27, 850:28, 878:6, 886:13, 897:30, 897:39, 904:1, 909:12, 909:38

BEGAN [1] - 893:8BEGIN [1] - 800:1BEGINNING [8] -

807:15, 807:17, 849:20, 859:14, 862:37, 876:15, 904:3, 907:17

BEHALF [1] - 903:9BEHAVIOUR [1] -

827:11BELIEF [1] - 906:6BELOW [2] - 828:23,

897:44BENEFIT [3] - 905:4,

908:8, 914:38BESPOKE [2] -

848:30, 849:14BEST [16] - 802:7,

803:6, 819:39, 823:37, 823:39, 823:45, 834:3, 847:12, 859:23, 866:31, 896:44, 905:11, 905:20, 906:9, 914:10, 914:31

BETTER [11] - 817:34, 829:6, 848:37, 848:38, 852:25, 860:4, 863:7, 869:32, 875:39, 876:46, 892:18

BETWEEN [19] - 800:21, 808:41, 809:12, 809:23, 810:26, 810:42, 813:26, 831:37, 834:33, 841:17, 847:23, 863:43, 897:35, 898:47, 902:16, 906:11, 912:4, 918:9, 919:5

BEYOND [7] - 828:10, 830:23, 831:5, 837:12, 837:13, 883:17

BIG [5] - 837:10, 839:40, 839:47, 854:32, 879:20

BILL [2] - 919:25, 919:36

BILL [2] - 916:14, 919:26

BIT [7] - 800:16, 832:42, 844:19, 853:33, 862:37, 889:7, 917:32

BLANK [1] - 861:36BLANKS [1] - 812:23BLAXLAND [6] -

827:27, 828:28, 830:29, 887:1, 889:33, 917:20

BLOOD [1] - 836:36BLOODY [1] -

880:42BLUE [1] - 384:9BLUE [19] - 384:16,

802:20, 802:24, 804:38, 808:35, 815:12, 815:24, 828:47, 849:6, 873:8, 886:26, 892:44, 897:35, 912:34, 912:36, 914:33, 914:34, 914:41, 917:30

BLUNT [2] - 918:19, 918:25

BMCC [2] - 823:30, 903:4

BMCC'S [1] - 823:19BMCCSP15.4 [1] -

904:5BOARD [2] - 840:1,

841:38BODY [19] - 864:4,

864:13, 865:1, 866:15, 893:26, 893:43, 894:5, 894:6, 894:17, 894:23, 895:16, 895:23, 895:24, 895:44, 896:18, 909:45, 919:45, 920:2, 920:3

BONES [1] - 879:36BOTTLE [1] - 885:38BOTTOM [4] -

825:25, 828:11, 876:34, 913:34

BOX [10] - 826:4, 826:9, 828:21, 828:23, 829:29, 837:21, 839:6, 862:14, 915:37

BRAND [1] - 915:33BREAK [3] - 839:19,

844:19, 911:8BREAKDOWN [1] -

910:18BREATHING [4] -

881:31, 882:4, 882:9, 882:10

.30/09/2020 (23) WITNESSTranscript produced by Epiq

4

BRIEF [11] - 828:21, 828:35, 829:29, 839:13, 863:36, 864:6, 919:43, 920:2, 920:22, 920:24

BRIEFING [1] - 901:7BRIEFING [11] -

864:1, 864:47, 893:26, 893:31, 893:40, 899:32, 900:19, 920:5, 920:6, 920:19, 920:26

BRIEFINGS [2] - 864:4, 920:8

BRIEFLY [1] - 902:11

BRING [10] - 805:47, 824:38, 827:31, 837:9, 859:19, 860:23, 876:9, 877:12, 913:12, 917:23

BRINGING [1] - 882:45

BROAD [1] - 866:5BROAD [10] - 800:6,

805:47, 820:25, 827:31, 827:37, 837:9, 837:10, 876:9, 877:12, 886:7

BROAD [7] - 849:40, 850:43, 866:2, 866:15, 904:32, 905:4, 913:12

BROADCASTS [1] - 910:6

BROADER [1] - 857:19

BROADLY [3] - 821:11, 863:2, 910:10

BROUGHT [5] - 820:25, 847:21, 904:24, 913:43, 916:13

BROUGHTON [2] - 909:27, 909:29

BROWN [5] - 886:4, 892:2, 895:29, 895:45, 899:46

BROWN'S [1] - 891:36

BRUHN [6] - 844:16, 846:37, 847:30, 847:39, 908:43, 908:46

BRUNO [1] - 828:30BUCHANAN [1] -

883:40BUCK [1] - 835:9BUDGET [3] -

Page 127: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

892:14, 892:40, 892:45

BUILD [3] - 822:1, 854:27, 888:42

BUILDING [4] - 801:1, 838:31, 862:39, 920:23

BUILDINGS [10] - 805:14, 807:24, 816:43, 816:45, 817:3, 838:20, 838:29, 838:30, 840:7, 903:4

BUILT [8] - 801:4, 822:5, 825:14, 826:24, 826:27, 854:30, 889:39, 914:39

BULLET [1] - 820:30BUNDLE [1] - 828:7BUNDLE [12] -

814:22, 827:7, 827:8, 827:32, 827:43, 837:15, 844:35, 849:47, 877:12, 893:31, 903:43, 904:19

BUSHFIRES [6] - 815:12, 815:35, 816:24, 818:27, 905:32, 905:41

BUSINESS [13] - 815:1, 820:45, 823:29, 823:39, 824:28, 824:39, 826:40, 850:40, 867:26, 867:39, 867:42, 867:44, 873:20

BUSY [1] - 912:14BUYING [3] - 802:41,

802:46, 887:17BY [4] - 800:11,

871:31, 886:1, 901:15

CC&CO [22] - 804:41,

808:37, 808:45, 809:2, 809:23, 809:31, 809:32, 809:35, 810:17, 810:26, 810:42, 811:3, 811:29, 813:36, 829:19, 833:45, 835:3, 835:9, 838:4, 842:1, 875:40, 886:38

C&CO'S [1] - 809:41CANNOT [1] - 895:14

CAPABLE [2] - 849:27, 906:14

CAR [1] - 870:4CARE [1] - 866:3CAREER [1] - 873:8CARLSON [1] -

913:29CARRIED [2] -

840:2, 842:37CARRYING [1] -

843:37CASE [14] - 809:18,

813:12, 840:20, 852:38, 872:25, 880:13, 887:36, 888:42, 902:12, 906:26, 906:38, 912:29, 913:42, 919:16

CASES [1] - 902:27CAST [1] - 858:41CATALYST [2] -

820:44, 825:11CATEGORY [3] -

872:23, 872:31, 872:40

CATHERINE [4] - 869:29, 869:47, 870:3, 870:4

CATTERMOLE [3] - 905:22, 905:25, 905:28

CAUSED [1] - 803:21CAUSES [1] - 840:14CAUSING [3] -

879:47, 880:1, 906:14CEASE [2] - 859:33,

914:7CEASING [1] -

859:42CENT [1] - 820:13CENTIUM [6] -

858:18, 912:22, 912:29, 912:30, 912:33, 912:35

CENTRAL [4] - 802:8, 832:11, 910:31, 910:32

CENTRALISE [3] - 832:4, 832:7, 860:1

CENTRALISED [4] - 824:43, 832:25, 847:44, 859:37

CENTRE [1] - 384:16CEO [2] - 852:37,

860:8CERTAIN [17] -

810:6, 810:7, 813:41, 832:20, 838:19, 841:9, 843:37,

843:45, 844:10, 855:3, 858:5, 858:35, 874:44, 875:1, 875:2, 879:26, 907:27

CERTAINLY [36] - 805:41, 808:31, 813:3, 814:34, 815:27, 819:38, 820:17, 830:44, 831:6, 834:17, 834:42, 837:33, 838:9, 841:8, 841:13, 841:17, 850:42, 852:28, 853:12, 853:25, 854:46, 858:27, 872:40, 873:23, 887:43, 888:41, 890:1, 890:22, 890:34, 896:45, 908:13, 915:14, 916:46, 917:19, 918:37, 919:5

CERTIFICATIONS

[1] - 862:2CERTIFIED [1] -

862:3CETERA [5] -

826:15, 829:40, 838:32, 851:19, 873:23

CHAIN [3] - 853:41, 853:45, 876:15

CHAIR [4] - 897:26, 898:15, 909:11, 909:14

CHAIRPERSONS [1] - 916:10

CHALLENGE [9] - 809:1, 809:4, 809:6, 809:9, 825:32, 834:6, 867:32, 907:31

CHALLENGE" [1] - 849:30

CHALLENGES [1] - 905:21

CHAMPION [2] - 906:39, 908:13

CHAMPIONED [1] - 839:39

CHANCE [1] - 891:45CHANGE [14] -

822:21, 826:1, 826:36, 834:8, 841:12, 841:30, 859:47, 867:13, 868:39, 870:46, 875:34, 875:38, 881:46, 912:44

CHANGED [8] - 817:8, 868:42,

868:45, 869:44, 870:35, 870:44, 871:9, 916:39

CHANGES [10] - 826:16, 826:29, 826:32, 826:41, 840:1, 851:9, 851:15, 873:28, 916:23, 916:25

CHANGING [1] - 915:31

CHARGE [2] - 888:18, 912:19

CHARITABLE [2] - 819:32, 854:10

CHARTS [1] - 861:14CHASING [1] -

836:10CHEAPER [1] -

914:38CHECK [1] - 878:13CHEESE [6] -

901:18, 901:34, 901:46, 902:3, 902:32, 906:12

CHEQUE [1] - 861:36

CHEST [1] - 870:34CHIEF [3] - 873:33,

874:11, 874:18CHIEF [8] - 910:4,

911:37, 911:45, 912:3, 912:21, 912:39, 912:46, 913:4

CHOICE [2] - 905:11, 905:20

CHOOSE [2] - 879:35, 879:38

CHRISTINE [1] - 913:30

CIRCUMSTANCES

[1] - 817:38CITE [1] - 908:12CITY [7] - 810:27,

810:47, 811:7, 811:24, 814:41, 816:2, 905:44

CITY [1] - 384:9CITY [12] - 828:47,

886:40, 886:42, 897:35, 897:39, 908:22, 908:36, 912:34, 912:36, 914:42, 917:31

CLAIMS [2] - 812:33, 812:42

CLARIFIED [1] - 872:5

CLARIFY [1] - 886:8CLASS [1] - 917:32

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CLAUSE [1] - 891:44CLEANERS [2] -

820:6, 904:29CLEAR [18] - 808:40,

813:24, 813:41, 813:45, 814:2, 814:35, 846:28, 852:26, 855:1, 856:35, 874:32, 887:14, 887:23, 887:28, 887:30, 887:36, 889:25, 910:22

CLEARLY [4] - 805:21, 838:38, 849:10, 915:16

CLIENT'S [3] - 890:3, 890:10, 890:11

CLOSE [6] - 818:2, 820:25, 831:14, 871:13, 920:7, 920:16

CLOSED [1] - 862:47CLOSER [1] - 800:17CLUTCH [1] - 843:37COLLABORATIVE

[1] - 918:27COLLEAGUES [2] -

872:37, 910:11COLLECTION [1] -

902:29COLLECTIVELY [2]

- 819:28, 858:35COLLOQUIALLY [1]

- 803:14COLUMN [3] -

833:45, 902:47, 903:1COMBINATION [1] -

811:21COMING [8] -

818:26, 840:33, 842:32, 843:35, 853:17, 853:19, 891:13, 894:30

COMMAND [2] - 853:41, 853:45

COMMENCED [5] - 801:9, 813:20, 819:23, 825:8, 870:5

COMMENCEMENT

[1] - 855:28COMMENCING [5] -

828:23, 845:6, 845:34, 848:2, 876:11

COMMENT [3] - 826:10, 888:33, 906:1

COMMENTARY [4] - 823:6, 868:33, 884:45, 894:42

COMMENTED [1] - 898:23

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COMMENTS [3] - 896:9, 899:1, 918:28

COMMISSIONED [1] - 888:21

COMMISSIONER

[24] - 384:30, 800:3, 825:27, 836:21, 865:46, 871:20, 871:34, 874:22, 874:34, 879:47, 880:4, 885:40, 885:46, 894:16, 895:7, 896:6, 896:24, 899:19, 899:32, 899:38, 901:5, 905:46, 911:24, 920:29

COMMISSIONER

[152] - 800:1, 800:5, 804:15, 809:35, 812:7, 812:28, 813:16, 814:7, 814:12, 814:40, 815:15, 816:9, 816:15, 817:1, 817:40, 818:11, 819:1, 820:12, 820:28, 820:35, 821:14, 821:32, 821:38, 822:19, 823:1, 824:7, 824:27, 827:34, 827:41, 827:45, 828:2, 828:46, 831:10, 831:18, 834:11, 834:31, 835:14, 835:27, 835:32, 835:37, 835:42, 836:18, 836:23, 836:30, 836:35, 836:40, 837:7, 839:19, 839:24, 839:28, 839:47, 844:44, 845:1, 845:17, 845:22, 845:27, 845:31, 845:38, 845:42, 847:18, 848:26, 848:36, 849:43, 850:2, 853:11, 855:43, 856:1, 864:27, 865:7, 865:20, 866:1, 866:11, 867:46, 869:13, 871:22, 872:22, 872:46, 875:1, 875:17, 878:47, 879:5, 879:12, 879:20, 879:25, 880:18, 885:43, 886:40,

887:7, 887:25, 888:7, 888:29, 888:37, 889:37, 889:42, 890:20, 890:29, 890:33, 890:44, 891:7, 891:15, 891:22, 891:28, 891:38, 891:47, 892:4, 892:8, 892:24, 892:31, 892:37, 893:13, 893:20, 893:47, 894:10, 894:20, 894:26, 894:36, 895:10, 895:21, 895:27, 895:32, 895:41, 896:1, 896:8, 896:29, 897:6, 897:12, 897:17, 897:32, 898:28, 898:32, 898:36, 898:40, 899:5, 899:21, 899:35, 900:3, 900:13, 901:13, 901:37, 904:5, 907:37, 908:16, 908:43, 910:39, 910:44, 911:1, 911:7, 911:13, 911:17, 911:22, 913:37, 920:31

COMMISSIONER'S

[1] - 819:5COMMITTED [1] -

906:46COMMITTEE [3] -

896:25, 897:24, 897:27

COMMITTEE [2] - 866:8, 899:40

COMMITTEE [16] - 814:44, 814:46, 861:26, 865:2, 865:13, 897:47, 898:15, 899:9, 899:26, 909:11, 909:15, 909:18, 909:34, 909:42, 909:44, 916:10

COMMITTEES [1] - 916:12

COMMONLY [1] - 910:17

COMMUNICATE [1] - 863:7

COMMUNICATED

[1] - 862:38COMMUNICATING

[1] - 863:13COMMUNICATION

[12] - 809:22, 838:27, 842:5, 854:37, 862:18, 862:19, 862:25, 862:29, 862:30, 863:17, 863:21, 863:25

COMMUNICATIONS [4] - 840:9, 840:39, 863:14, 918:8

COMMUNITY [7] - 806:42, 811:25, 814:41, 816:3, 827:23, 840:14, 909:31

COMMUNITY [2] - 886:40, 886:42

COMPENSATION [1] - 812:36

COMPETENT [2] - 842:15, 842:17

COMPETITIVE [1] - 810:41

COMPLETE [1] - 904:38

COMPLETED [3] - 854:31, 900:28, 905:5

COMPLETELY [4] - 819:24, 820:18, 851:32, 853:9

COMPLEX [1] - 815:42

COMPLIANCE [19] - 802:47, 817:12, 817:21, 817:24, 832:9, 838:39, 841:1, 848:44, 851:16, 851:17, 852:44, 887:12, 888:2, 888:9, 889:8, 895:35, 912:7

COMPLIANT [6] - 807:8, 807:14, 807:24, 887:32, 887:33, 887:44

COMPLIED [4] - 830:15, 890:26, 890:35, 920:10

COMPLIMENTARY

[2] - 857:17, 857:27COMPLY [3] -

830:16, 830:24, 858:45

COMPLYING [1] - 887:29

COMPREHENSIVE

[4] - 820:10, 828:38, 829:31, 892:17

COMPRISING [1] - 828:7

COMPULSORY [2] - 917:13, 917:14

CONCEPT [1] - 858:27

CONCERN [18] - 813:29, 813:33, 823:42, 835:24, 838:21, 839:33, 839:36, 840:14, 862:17, 864:19, 864:21, 864:37, 865:33, 877:35, 878:25, 878:30, 880:5, 882:34

CONCERNED [3] - 836:9, 864:43, 877:34

CONCERNING [2] - 876:17, 880:5

CONCERNS [7] - 838:15, 838:18, 844:23, 864:38, 885:6, 890:3, 915:3

CONCLUSION [3] - 843:3, 880:23, 887:31

CONCRETE [1] - 890:27

CONDITION [2] - 806:37, 840:29

CONDITIONS [1] - 895:45

CONDUCT [4] - 816:44, 846:40, 847:34, 872:19

CONDUCTED [4] - 801:6, 806:24, 807:35, 903:4

CONDUIT [1] - 917:47

CONDUITS [1] - 915:11

CONFIDED [1] - 875:11

CONFIDENCE [8] - 840:46, 840:47, 841:1, 841:5, 841:10, 841:30, 841:31, 858:34

CONFIDENTIAL [1] - 876:10

CONFINES [1] - 914:34

CONFIRM [3] - 819:1, 858:43, 890:4

CONFIRMS [1] - 819:7

CONFLATION [1] - 901:29

CONFORMANCE [3] - 802:46, 841:2, 862:4

CONFUSED [1] - 902:21

CONFUSION [4] -

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878:34, 902:16, 902:31, 906:11

CONSEQUENCE [4] - 836:19, 836:25, 836:44, 901:31

CONSEQUENTLY

[1] - 802:10CONSERVATIVE [1]

- 862:37CONSIDER [9] -

821:2, 825:28, 831:45, 831:46, 834:2, 887:3, 900:9, 918:33, 919:34

CONSIDERABLE [5] - 803:25, 803:27, 806:36, 887:18

CONSIDERABLY [1] - 918:31

CONSIDERATE [1] - 887:9

CONSIDERATION

[2] - 833:41, 900:7CONSIDERED [8] -

802:14, 804:2, 831:34, 871:37, 876:4, 907:28, 916:23, 916:25

CONSISTENCY [1] - 849:24

CONSISTENT [4] - 837:44, 852:33, 859:37, 896:12

CONSISTENTLY [4] - 808:36, 810:4, 896:8, 896:9

CONSISTS [1] - 900:26

CONSTANTLY [2] - 916:39, 919:45

CONSTITUTES [1] - 842:15

CONSTRUCTED [3] - 903:5, 903:15

CONSTRUCTION [1] - 918:32

CONSTRUCTIVE [4] - 872:2, 872:28, 872:38

CONSTRUCTIVELY

[1] - 872:33CONSULT [1] -

916:7CONSULTANCY [1]

- 911:33CONSULTANT [7] -

804:8, 804:15, 804:16, 911:29, 911:34, 912:30, 912:41

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CONSULTATION

[13] - 801:4, 802:5, 802:29, 854:39, 915:34, 915:43, 915:47, 916:3, 916:8, 916:20, 916:24, 916:32, 919:37

CONTACT [1] - 918:11

CONTAINING [1] - 840:30

CONTAINS [3] - 838:31, 888:35, 888:40

CONTAMINATED [1] - 885:15

CONTEND [1] - 895:30

CONTENDED [1] - 895:29

CONTENT [2] - 847:12, 899:36

CONTENTS [1] - 843:32

CONTEXT [26] - 804:37, 807:20, 808:15, 808:33, 842:17, 853:40, 859:42, 859:43, 863:3, 866:32, 874:14, 875:38, 875:45, 877:21, 880:35, 880:41, 881:7, 881:11, 882:19, 882:40, 883:5, 885:27, 903:24, 905:41, 907:5, 915:47

CONTINUANCE [1] - 915:36

CONTINUE [2] - 873:24, 873:26

CONTINUED [1] - 867:16

CONTINUES [1] - 895:30

CONTINUING [1] - 871:31

CONTRACT [1] - 912:36

CONTRACTORS [3] - 806:45, 820:6, 904:30

CONTRARY [2] - 838:38, 881:14

CONTRAVENED [1] - 828:22

CONTRIBUTE [2] - 853:24, 908:5

CONTRIBUTED [1] -

853:24CONTRIBUTING [1]

- 811:28CONTRIBUTION [1]

- 856:38CONTROL [28] -

803:6, 803:30, 803:34, 822:22, 822:36, 824:19, 832:10, 849:10, 852:17, 853:13, 855:33, 875:39, 887:20, 887:31, 887:34, 887:37, 888:4, 889:18, 889:22, 889:31, 901:40, 901:41, 901:42, 901:46, 904:13, 906:30, 906:42, 910:24

CONTROL [4] - 831:22, 831:25, 832:30, 832:37

CONTROLLED [2] - 838:42, 848:9

CONTROLS [7] - 801:1, 801:3, 801:4, 854:29, 896:33, 901:33, 901:44

CONVENIENT [4] - 827:37, 839:17, 871:11, 920:29

CONVERSATION

[17] - 842:15, 844:11, 851:44, 852:7, 870:4, 870:17, 870:18, 870:34, 874:38, 877:26, 878:5, 878:7, 878:36, 878:39, 881:26, 881:36, 907:25

CONVERSATIONS

[27] - 803:10, 805:3, 805:7, 805:45, 808:21, 808:22, 808:31, 808:34, 835:18, 844:12, 852:4, 852:9, 852:12, 852:20, 852:26, 869:36, 871:2, 874:22, 874:32, 874:42, 880:13, 882:28, 918:19, 918:20, 918:22, 918:25, 918:26

CONVERTED [1] - 854:34

CONVERTING [1] - 854:36

CONVINCE [2] -

856:25, 856:31CONVINCING [1] -

822:20COOPER [2] -

831:21, 900:20COOPER [2] - 901:8,

901:10COOPERATING [2] -

868:25, 870:2COOPERATION [2] -

868:13, 870:44COOPERATIONS [1]

- 909:40COOPERATIVE [1] -

901:43COORDINATE [1] -

884:16COORDINATED [1] -

838:21COORDINATES [1] -

824:22COORDINATING [1]

- 849:27COORDINATION [7]

- 823:40, 824:24, 838:41, 850:35, 859:18, 859:19, 884:6

COPIED [2] - 859:29, 860:14

COPIES [2] - 863:14, 897:25

COPY [8] - 812:24, 838:32, 840:34, 865:7, 883:40, 891:47, 896:27, 903:42

COPY'S [1] - 865:9CORBETT [3] -

816:6, 835:12, 905:28CORDIAL [1] -

919:28CORNER [5] -

828:15, 837:14, 913:13, 913:17, 913:34

CORPORATE [10] - 856:39, 884:33, 884:41, 887:35, 888:4, 907:30, 909:37, 909:39, 913:23

CORRECT [106] - 800:23, 800:27, 800:31, 802:30, 803:40, 803:45, 807:2, 807:5, 808:30, 815:46, 816:21, 816:29, 816:30, 816:33, 816:34, 816:40, 817:13,

817:14, 817:23, 817:28, 817:33, 819:33, 824:10, 824:14, 826:18, 828:5, 828:18, 830:9, 830:10, 830:27, 830:45, 832:35, 832:39, 833:17, 833:18, 833:25, 834:23, 834:43, 835:35, 836:11, 836:12, 837:5, 840:21, 840:31, 840:41, 841:23, 841:27, 842:6, 843:20, 843:23, 844:23, 850:39, 850:44, 851:5, 851:6, 851:16, 852:39, 852:45, 852:47, 853:1, 853:4, 854:5, 854:12, 857:45, 859:7, 859:44, 860:1, 860:25, 860:31, 865:14, 865:15, 867:40, 873:18, 874:19, 879:47, 880:10, 880:16, 883:26, 883:27, 886:10, 886:28, 888:10, 888:17, 889:5, 893:39, 896:22, 897:13, 901:3, 902:35, 903:10, 903:33, 905:6, 905:30, 907:21, 908:3, 908:41, 909:30, 909:46, 910:22, 913:9, 913:27, 913:31, 913:32, 913:45, 914:4, 916:29

CORRECTLY [2] - 818:13, 885:10

CORRELATES [1] - 903:8

COUNCIL [15] - 802:21, 802:25, 804:39, 808:35, 815:24, 829:1, 873:8, 886:27, 892:45, 897:36, 897:39, 912:34, 912:37, 914:42, 917:31

COUNCIL [1] - 384:9COUNCIL [125] -

800:21, 801:23, 801:38, 802:3, 802:35, 803:3, 803:5, 803:34, 803:39,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

7

804:40, 805:13, 805:16, 805:20, 805:22, 806:28, 807:9, 807:13, 807:23, 807:43, 808:19, 808:41, 809:28, 809:42, 810:25, 810:39, 810:42, 810:44, 813:1, 813:5, 813:13, 814:28, 814:35, 815:24, 815:28, 817:23, 818:21, 818:25, 819:11, 819:17, 821:3, 821:11, 823:11, 824:13, 824:43, 825:14, 825:36, 826:22, 826:42, 827:15, 828:30, 829:43, 830:13, 830:33, 831:36, 832:6, 832:9, 832:20, 833:17, 833:35, 834:3, 834:38, 835:3, 836:4, 838:1, 840:1, 840:41, 841:15, 841:33, 842:38, 843:32, 843:47, 844:11, 850:39, 850:47, 853:21, 857:6, 859:11, 863:37, 865:31, 866:16, 868:12, 868:19, 868:25, 874:24, 878:26, 878:27, 880:14, 881:18, 882:35, 883:25, 887:28, 887:44, 888:13, 892:6, 892:14, 893:2, 893:7, 894:27, 895:38, 896:1, 896:46, 898:19, 903:9, 905:36, 906:2, 909:30, 911:30, 911:32, 911:41, 912:15, 912:31, 912:45, 914:35, 914:37, 914:39, 914:44, 915:28, 917:30, 917:37, 917:46, 918:9, 918:42, 919:38, 920:6, 920:8

COUNCIL'S [27] - 801:10, 801:27, 804:30, 805:40, 809:17, 817:43, 822:42, 826:22, 829:46, 840:47,

Page 130: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

841:14, 847:43, 851:46, 852:14, 852:37, 852:44, 859:5, 863:3, 871:40, 872:1, 885:15, 891:2, 891:4, 892:33, 911:37, 913:6, 916:17

COUNCILLOR [1] - 901:7

COUNCILLOR [7] - 865:29, 865:40, 886:4, 891:35, 892:2, 895:29, 895:45

COUNCILLOR [5] - 893:30, 894:10, 894:20, 899:46, 909:22

COUNCILLORS [5] - 864:29, 865:43, 893:40, 894:21, 895:34

COUNCILS [3] - 812:10, 812:22, 849:6

COUNSEL [4] - 890:5, 890:6, 890:13, 891:31

COUPLE [8] - 818:8, 829:24, 837:11, 868:1, 868:6, 871:33, 886:4, 893:22

COURSE [33] - 801:18, 804:24, 815:4, 815:10, 815:40, 817:7, 822:6, 825:9, 827:18, 841:1, 842:29, 847:16, 853:23, 854:4, 854:29, 855:34, 856:32, 868:8, 869:28, 874:44, 879:23, 896:21, 915:11, 915:34, 915:38, 917:17, 917:32, 919:11, 919:12, 919:18

COURSES [1] - 862:11

COVER [2] - 815:25, 845:24

COVERAGE [1] - 869:42

COVERED [3] - 831:46, 841:42, 851:23

COVERS [1] - 815:23CRACKS [1] - 813:26CRASHES [1] -

902:8CREATE [2] -

825:13, 915:28

CREATED [3] - 831:35, 861:8, 900:6

CREATING [2] - 817:4, 831:42

CREATION [2] - 815:1, 816:42

CRITICAL [1] - 827:20

CRITICISED [1] - 894:42

CRITICISING [2] - 872:27, 895:15

CRITICISM [2] - 812:28, 817:41

CROSS [3] - 848:10, 849:16, 879:36

CROSS-DIRECTORATE [2] - 848:10, 849:16

CRUCIAL [1] - 862:27

CULPABLE [1] - 906:14

CULTURAL [3] - 810:14, 810:16, 810:30

CULTURAL [1] - 384:16

CULTURE [2] - 810:17, 825:44

CURRENT [7] - 804:9, 804:21, 822:36, 847:43, 848:8, 900:4, 911:28

CUT [2] - 861:31, 914:10

CUTS [1] - 861:37

DDAMAGING [1] -

872:46DANGER [1] -

806:36DATABASE [3] -

854:35, 854:37, 884:42

DATE [23] - 808:23, 815:11, 817:17, 824:31, 833:16, 835:28, 851:7, 851:8, 851:9, 854:16, 855:3, 859:26, 868:47, 869:17, 870:40, 875:42, 892:24, 897:33, 900:6, 911:42, 913:40, 914:10, 914:11

DATED [3] - 831:21, 842:23, 913:35

DATED [2] - 899:44, 901:7

DATES [2] - 869:10, 892:35

DAY-TO-DAY [5] - 867:16, 867:42, 873:41, 874:13, 914:41

DAYS [2] - 811:15, 900:33

DE [1] - 911:7DE-SANITISE [1] -

911:7DEAL [11] - 824:29,

829:3, 839:40, 839:47, 864:38, 867:38, 894:18, 914:32, 914:35, 915:18, 915:27

DEALING [12] - 801:26, 812:35, 824:28, 848:33, 853:36, 855:21, 870:1, 870:2, 872:4, 874:1, 904:11, 912:20

DEALINGS [3] - 843:38, 855:14, 857:30

DECADE [1] - 918:30DECADES [1] -

918:2DECEIVING [1] -

853:6DECEMBER [11] -

871:14, 895:5, 911:38, 911:39, 913:27, 913:28, 913:42, 914:1, 914:29, 916:5, 916:43

DECENTRALISED

[2] - 832:12, 860:5DECIDE [1] - 891:32DECIDED [6] -

848:20, 848:23, 848:24, 848:30, 855:27, 856:16

DECISION [6] - 817:6, 856:19, 859:21, 859:37, 859:38, 914:46

DECISION-MAKING

[2] - 859:37, 859:38DECLARED [1] -

868:34DECLINED [3] -

855:38, 855:39, 855:41

DECLINING [1] - 908:2

DEDICATED [3] -

844:29, 844:30, 873:17

DEEM [1] - 917:24DEEMED [1] -

917:16DEEP [1] - 850:40DEEPER [1] - 830:7DEFINITELY [6] -

811:39, 823:13, 868:21, 873:5, 915:44

DEGREE [4] - 840:46, 891:8, 906:4, 914:39

DELAY [3] - 818:16, 818:27, 906:16

DELIBERATE [2] - 840:5, 872:19

DELIVER [2] - 842:1, 864:4

DELIVERED [1] - 811:1

DELIVERING [1] - 864:1

DELIVERY [1] - 908:44

DELIVERY [4] - 810:32, 810:38, 810:47, 856:42

DEMAND [1] - 916:24

DEMANDS [1] - 916:25

DENIAL [1] - 882:38DENIED [3] - 908:21,

908:24, 908:39DEPARTED [2] -

905:25, 905:29DEPARTMENT [2] -

862:43, 862:45DEPARTMENTS [1] -

819:11DEPOT [4] - 847:23,

857:6, 876:22, 878:36DESCRIBE [7] -

824:17, 853:16, 858:1, 861:9, 917:44, 918:15, 918:47

DESCRIBED [5] - 801:35, 820:44, 821:40, 890:47, 912:40

DESCRIBES [1] - 837:21

DESCRIPTION [9] - 828:21, 828:35, 829:7, 829:29, 893:2, 893:15, 899:8, 899:14, 914:31

DESCRIPTIONS [1] - 854:8

.30/09/2020 (23) WITNESSTranscript produced by Epiq

8

DESIGNED [2] - 840:27, 854:26

DESK [3] - 829:7, 842:37, 914:45

DESPITE [4] - 805:2, 856:34, 859:23, 859:24

DETAIL [4] - 807:15, 822:46, 848:39, 848:40

DETAILED [3] - 851:47, 897:19, 898:8

DETAILS [2] - 900:5, 902:40

DETECT [2] - 826:29, 826:32

DETERMINATION

[1] - 915:17DETERMINE [2] -

846:32, 846:33DEVASTATING [1] -

815:12DEVELOP [9] -

813:1, 813:4, 813:36, 818:25, 835:4, 861:41, 873:24, 887:15, 887:16

DEVELOPED [8] - 828:37, 829:30, 861:6, 868:24, 884:42, 884:45, 885:3, 903:26

DEVELOPING [3] - 801:39, 801:46, 849:15

DEVELOPMENT [16] - 824:44, 832:7, 832:10, 832:25, 832:29, 834:3, 835:19, 835:45, 836:4, 847:44, 857:42, 858:32, 860:47, 862:11, 871:40, 884:47

DIARY [1] - 811:44DICTATE [1] -

916:40DIFFERENCE [1] -

888:5DIFFERENT [11] -

814:47, 824:34, 849:7, 855:13, 869:10, 875:15, 890:9, 894:24, 906:4, 906:20, 919:29

DIFFERENTIATING

[1] - 815:38DIFFERENTIATION

[1] - 831:37DIFFICULT [9] -

Page 131: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

816:41, 864:39, 866:14, 873:13, 889:46, 894:1, 907:26, 919:28, 920:23

DIG [1] - 884:8DILIGENT [2] -

811:34, 811:37DILLON [1] - 898:16DILLON [1] - 899:44DIRECT [4] - 840:33,

853:41, 853:42, 918:26

DIRECTED [10] - 817:41, 829:27, 830:21, 844:2, 855:1, 874:43, 875:46, 878:7, 890:2, 890:10

DIRECTING [1] - 881:13

DIRECTION [4] - 803:32, 811:2, 839:10, 881:16

DIRECTIONS [3] - 828:23, 829:34, 859:25

DIRECTIVE [1] - 859:33

DIRECTLY [7] - 854:45, 881:44, 882:30, 906:43, 907:33, 910:15, 912:36

DIRECTOR [4] - 835:9, 874:41, 908:36, 908:40

DIRECTOR [6] - 816:2, 816:9, 869:33, 874:39, 906:10, 912:3

DIRECTORATE [1] - 824:28

DIRECTORATE [5] - 848:10, 849:16, 849:29, 851:23, 914:14

DIRECTORATE'S [1] - 834:12

DIRECTORATES [1] - 859:20

DISAGGREGATION

[1] - 824:24DISAGREE [4] -

846:7, 846:8, 890:20, 919:6

DISAGREED [1] - 919:10

DISAGREEMENTS

[3] - 919:4, 919:5DISASTER [2] -

902:34, 906:15

DISAVOWED [1] - 893:17

DISCIPLINE [1] - 906:23

DISCLOSED [4] - 805:6, 805:18, 808:42, 847:25

DISCLOSURE [2] - 844:6, 846:21

DISCOVERED [2] - 813:13, 838:6

DISCRETE [3] - 877:40, 877:45, 885:29

DISCUSS [2] - 870:14, 881:41

DISCUSSED [14] - 803:29, 805:24, 805:42, 807:25, 839:43, 842:6, 843:21, 847:29, 850:27, 851:5, 882:24, 896:32, 896:41, 897:1

DISCUSSING [2] - 837:47, 878:37

DISCUSSION [11] - 819:2, 842:10, 842:13, 850:17, 850:22, 850:23, 856:21, 856:25, 865:39, 879:30, 879:45

DISCUSSIONS [4] - 804:47, 805:26, 807:28, 807:31

DISINTEGRATION

[1] - 824:25DISPARATE [1] -

824:39DISRESPECT [1] -

893:21DISSEMINATED [1] -

802:36DISTINCT [1] -

815:33DISTINCTION [1] -

902:21DISTRACTION [1] -

905:35DISTRIBUTE [4] -

838:20, 838:28, 897:26, 899:32

DISTRIBUTED [1] - 893:31

DISTRIBUTING [1] - 883:22

DIVE [1] - 830:8DIVERTED [1] -

816:25

DIVISION [6] - 804:40, 808:40, 809:11, 809:16, 810:30, 811:4

DOCUMENT [35] - 806:7, 812:15, 812:20, 812:21, 814:33, 814:37, 817:7, 821:9, 826:25, 835:28, 842:28, 844:37, 845:4, 845:29, 848:42, 851:5, 854:32, 856:46, 858:39, 876:16, 877:11, 883:36, 891:3, 891:12, 891:35, 892:25, 897:4, 900:22, 903:41, 903:42, 904:1, 904:7, 909:9, 913:23

DOCUMENTATION

[4] - 801:5, 827:9, 918:44

DOCUMENTED [1] - 916:38

DOCUMENTS [1] - 828:7

DOCUMENTS [48] - 801:5, 801:22, 801:32, 801:35, 802:4, 802:5, 802:8, 802:34, 807:41, 816:45, 817:4, 817:5, 818:31, 819:28, 820:5, 826:37, 827:7, 827:8, 834:35, 847:25, 851:7, 851:12, 854:33, 858:40, 861:8, 872:35, 873:23, 886:6, 891:16, 891:19, 891:30, 891:33, 892:35, 893:27, 902:29, 904:13, 904:28, 904:34, 904:36, 904:43, 906:5, 906:7, 906:17, 916:15, 916:17, 916:19, 916:38, 918:45

DOLLARS [1] - 861:43

DOMINATE [1] - 855:8

DOMINATING [1] - 855:18

DONE [84] - 804:18, 804:22, 805:13, 805:15, 805:17,

805:19, 805:21, 805:22, 806:6, 813:1, 813:8, 813:23, 813:24, 813:36, 813:46, 814:3, 815:36, 816:29, 816:32, 817:34, 817:44, 818:14, 818:15, 818:16, 818:27, 818:29, 818:32, 818:46, 826:10, 826:34, 826:47, 828:24, 828:43, 829:23, 830:23, 830:26, 830:29, 830:37, 830:45, 831:4, 832:38, 834:20, 834:22, 834:23, 834:24, 834:27, 834:28, 835:44, 836:1, 838:39, 839:4, 839:9, 839:10, 839:15, 853:13, 858:43, 859:18, 859:23, 861:41, 862:29, 863:8, 863:12, 867:32, 873:12, 873:13, 874:24, 881:21, 882:11, 885:20, 885:24, 892:2, 894:26, 899:29, 903:36, 903:38, 904:33, 905:40, 906:5, 914:47

DOT [10] - 806:14, 816:18, 820:1, 860:34, 861:30, 900:21, 900:22, 900:23, 900:24, 904:23

DOTS [2] - 818:40, 819:7

DOUBT [8] - 823:15, 836:19, 841:19, 847:25, 898:19, 898:40, 899:28, 905:20

DOWN [14] - 838:34, 845:5, 845:40, 858:10, 865:28, 868:17, 870:6, 870:8, 881:31, 882:4, 882:9, 882:10, 898:18, 919:14

DR [1] - 898:16DRAFT [2] - 866:8,

899:40DRAFT [16] - 801:32,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

9

802:3, 802:34, 814:38, 814:42, 815:23, 815:31, 815:33, 816:18, 831:43, 831:46, 832:15, 848:30, 849:25, 858:12

DRAFTED [5] - 802:6, 802:28, 832:47, 849:2, 855:5

DRAFTING [5] - 815:30, 831:35, 831:38, 832:12, 832:29

DRAG [1] - 825:18DRAW [1] - 904:34DRAWER [5] -

812:25, 827:7, 827:10, 888:30, 888:31

DRAWING [2] - 896:47, 903:24

DRAWN [3] - 804:41, 904:18, 909:9

DRIVE [2] - 871:39, 876:4

DRIVING [1] - 835:8DRUM [2] - 853:31,

888:46DUE [1] - 804:24DUMP [1] - 876:25DUMPING [1] -

914:43DUMPS [1] - 917:19DURING [15] -

800:25, 800:33, 814:34, 826:21, 841:34, 869:41, 882:23, 882:33, 894:39, 918:37, 918:40, 920:4, 920:9, 920:26

DUTIES [2] - 914:20, 918:7

EEARLY [26] - 804:35,

808:13, 808:26, 811:15, 813:10, 813:32, 813:41, 814:27, 814:32, 814:35, 816:29, 833:42, 834:28, 837:22, 837:42, 841:18, 859:4, 864:39, 868:27, 868:30, 871:14, 887:2, 887:43, 896:11, 896:14,

Page 132: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

913:43EASIER [1] - 920:22EASIEST [1] - 866:2EASILY [1] - 829:19EAT [1] - 879:28EDUCATING [1] -

831:42EFFECT [9] - 846:16,

878:11, 880:37, 880:43, 882:42, 889:18, 901:34, 904:42, 908:9

EFFECTIVE [2] - 840:39, 915:30

EFFECTIVELY [1] - 863:23

EFFECTIVENESS

[1] - 809:17EFFORT [1] - 859:25EFFORTS [5] -

832:4, 841:26, 865:44, 871:39, 873:3

EITHER [11] - 802:47, 805:44, 816:21, 817:18, 821:35, 823:8, 869:1, 892:26, 909:37, 910:17, 920:5

ELECTED [4] - 919:45, 920:1, 920:2, 920:8

ELECTRONIC [1] - 866:6

ELEMENT [2] - 825:44, 892:44

ELEVATION [1] - 853:28

ELT [6] - 853:46, 919:45, 920:20, 920:22, 920:26

EMAIL [2] - 899:43, 901:8

EMAIL [28] - 826:35, 847:10, 856:8, 856:13, 859:29, 859:36, 860:13, 860:14, 860:34, 863:32, 866:47, 876:10, 876:11, 876:15, 876:34, 877:13, 877:17, 877:21, 877:37, 881:35, 883:44, 883:47, 885:27, 893:28, 893:33, 898:11, 898:26, 899:28

EMAILS [4] - 846:27, 847:25, 882:45

EMBEDDING [1] -

915:30EMERGE [1] -

891:22EMERGED [1] -

891:25EMOTIVE [1] -

863:22EMPHASIS [1] -

917:5EMPLOYED [1] -

800:21EMPLOYEE [3] -

904:46, 906:8, 912:30EMPLOYEES [1] -

909:29EMPLOYMENT [5] -

812:14, 905:9, 910:16, 917:17, 918:32

ENABLE [1] - 830:15ENABLED [2] -

833:2, 885:9ENCLOSURE [1] -

904:14ENCOMPASS [1] -

800:38ENCOURAGEMEN

T [1] - 822:13END [11] - 813:8,

829:8, 829:9, 845:40, 870:28, 873:9, 873:29, 873:30, 880:19, 896:11, 920:14

ENDEAVOUR [1] - 819:12

ENDED [2] - 829:10, 829:19

ENDING [2] - 828:16, 914:14

ENDORSED [1] - 900:29

ENGAGE [4] - 800:39, 804:7, 916:21

ENGAGED [10] - 860:7, 864:14, 865:43, 892:16, 911:29, 911:32, 911:37, 912:22, 912:33, 912:45

ENGAGEMENT [8] - 864:12, 864:25, 869:29, 870:19, 917:37, 917:45, 918:36, 919:24

ENGAGING [3] - 858:25, 861:42, 919:39

ENHANCE [1] - 860:41

ENORMITY [1] - 867:31

ENQUIRIES [1] - 894:2

ENSURE [19] - 817:11, 826:31, 829:36, 839:9, 839:14, 846:30, 848:10, 849:24, 851:16, 851:17, 853:21, 854:31, 858:33, 875:41, 912:6, 912:7, 915:29, 918:22

ENSURED [1] - 862:42

ENSURES [1] - 824:22

ENSURING [3] - 817:21, 854:39, 918:43

ENTERPRISE [1] - 800:34

ENTHUSIASM [1] - 822:2

ENTHUSIASTIC [1] - 825:23

ENTIRE [7] - 849:26, 849:27, 854:37, 858:10, 886:24, 886:26, 906:45

ENTIRELY [4] - 815:16, 873:45, 873:46, 913:32

ENTITLED [1] - 890:22

ENTRY [2] - 833:32, 875:25

ENVIRONMENTAL

[2] - 823:27, 826:28ENVISAGING [1] -

820:30EPA [4] - 918:36,

918:44, 919:1, 919:10ERROR [2] - 849:47,

851:32ESCALATING [1] -

869:38ESPECIALLY [1] -

910:24ESSENTIALLY [1] -

908:7ESTABLISH [3] -

890:25, 890:36, 890:41

ESTABLISHED [7] - 831:45, 837:22, 854:17, 890:42, 906:25, 915:5, 915:6

ESTABLISHING [2] -

838:9, 854:20ESTABLISHMENT

[2] - 831:25, 849:1ET [5] - 826:15,

829:40, 838:32, 851:18, 873:23

EVENT [2] - 847:29, 893:20

EVENTS [5] - 825:9, 847:24, 847:27, 874:44, 910:6

EVENTUALLY [2] - 822:5, 862:4

EVIDENCE [24] - 821:33, 822:41, 825:43, 833:39, 834:5, 837:26, 837:43, 856:21, 859:13, 866:13, 884:43, 888:45, 889:13, 890:5, 890:12, 890:15, 890:27, 890:36, 891:26, 895:16, 900:1, 904:47, 907:19, 916:16

EVIDENT [1] - 847:47

EXACT [5] - 815:11, 817:17, 847:20, 847:24, 878:6

EXACTLY [21] - 804:21, 804:22, 808:21, 812:19, 843:28, 846:45, 847:26, 857:29, 858:8, 862:38, 869:28, 870:41, 882:46, 882:47, 887:19, 896:47, 900:5, 910:25, 910:28, 913:28

EXAMINATION [1] - 871:31

EXAMINATION [3] - 800:11, 886:1, 901:15

EXAMINED [1] - 846:45

EXAMPLE [19] - 813:46, 815:29, 831:37, 840:31, 854:8, 862:18, 864:27, 865:5, 867:28, 873:33, 874:1, 879:34, 879:35, 879:36, 881:3, 881:11, 900:23, 904:12, 917:5

EXAMPLES [3] - 862:32, 880:27,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

10

908:12EXCELLENT [2] -

858:3, 866:18EXCEPT [1] - 892:33EXCHANGE [1] -

876:10EXCHANGES [1] -

847:10EXCLUDING [1] -

868:33EXCUSED [1] -

911:2EXCUSES [1] -

815:10EXECUTIVE [17] -

805:33, 805:35, 805:39, 822:4, 822:12, 831:21, 839:13, 839:38, 839:44, 844:11, 853:22, 887:4, 900:29, 900:46, 910:23, 919:43, 920:24

EXERCISE [1] - 832:9

EXERCISED [1] - 805:22

EXHIBIT [5] - 828:7, 866:8, 899:40, 899:43, 901:7

EXHIBIT [4] - 866:2, 866:6, 902:13, 905:46

EXHIBIT [17] - 805:47, 831:10, 831:15, 837:9, 837:17, 839:32, 841:38, 841:39, 875:17, 875:19, 876:9, 876:10, 877:12, 896:29, 902:12, 902:37, 913:12

EXHIBITS [1] - 900:10

EXIST [1] - 827:11EXISTED [1] -

807:45EXISTENCE [3] -

807:33, 808:32, 838:2EXISTING [4] -

801:22, 824:1, 832:38, 906:34

EXPANDED [1] - 867:21

EXPECT [4] - 815:24, 854:15, 903:18, 916:21

EXPECTATION [2] - 834:29, 836:3

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EXPECTATIONS [1] - 855:3

EXPECTED [3] - 834:42, 836:14, 846:29

EXPERIENCE [5] - 824:18, 856:27, 878:44, 909:33, 915:15

EXPERIENCES [1] - 919:29

EXPERT [3] - 822:8, 824:31

EXPERTISE [7] - 858:32, 858:35, 858:36, 893:18, 906:3, 909:43, 914:40

EXPERTS [1] - 823:10

EXPLAIN [5] - 838:34, 840:16, 847:43, 868:44, 907:47

EXPLAINED [1] - 825:28

EXPLAINING [3] - 840:19, 870:2, 915:27

EXPLAINS [1] - 906:16

EXPLANATION [5] - 815:5, 815:36, 834:26, 841:36, 890:46

EXPLICITLY [1] - 907:17

EXPLORE [3] - 829:24, 890:22, 914:26

EXPLORED [1] - 841:18

EXPLORING [1] - 816:36

EXPOSE [1] - 806:39EXPOSED [3] -

838:23, 917:9, 917:24EXPOSURE [1] -

819:13EXPRESS [4] -

853:11, 878:25, 882:33, 888:34

EXPRESSED [8] - 802:27, 824:21, 853:12, 866:19, 868:31, 888:8, 893:44, 894:16

EXPRESSING [2] - 864:19, 876:39

EXTANT [1] - 916:8EXTENDED [1] -

817:18

EXTENSION [7] - 867:29, 868:45, 887:21, 900:33, 900:34, 900:38, 901:2

EXTENT [14] - 811:2, 811:10, 812:1, 817:26, 818:40, 838:22, 843:33, 852:31, 884:17, 884:19, 887:5, 887:10, 895:35, 918:37

EXTENUATING [1] - 817:37

EXTERNAL [1] - 872:36

EXTRA [1] - 906:8EXTRACT [3] -

840:35, 891:4, 892:25EXTRAORDINARY

[1] - 874:45EXTREMELY [3] -

839:4, 844:27, 866:25EYE [2] - 858:42,

879:21EYEBALL [1] -

915:16

FF-NEG [1] - 836:25FACE [2] - 917:33FACE-TO-FACE [1] -

917:33FACILITIES [5] -

807:43, 807:44, 808:1, 878:26, 878:27

FACILITY [2] - 827:27, 918:39

FACT [11] - 805:20, 815:17, 816:32, 829:43, 854:33, 856:34, 863:16, 867:21, 877:11, 903:29, 903:33

FACTOR [1] - 811:28FACTORS [1] -

905:10FAILURE [2] -

811:19, 901:42FAIR [4] - 820:16,

841:16, 899:8, 899:14FAIRLY [2] - 857:34,

864:6FAIRNESS [2] -

831:1, 883:46FAITH [2] - 811:30,

855:35FALL [4] - 810:37,

846:40, 848:41, 851:8

FALLBACK [1] - 851:12

FALLEN [1] - 813:26FALLS [2] - 869:30,

874:25FALSE [1] - 872:36FAMILIAR [7] -

802:38, 842:27, 879:42, 880:29, 883:36, 901:17, 913:5

FAMILIARISATION

[1] - 819:17FAMILIARISE [1] -

884:35FAR [6] - 812:31,

818:23, 860:4, 890:4, 890:26, 891:16

FAST [1] - 848:43FAST-TRACK [1] -

848:43FASTER [1] - 817:34FAULT [2] - 883:46,

902:24FEBRUARY [4] -

816:3, 818:24, 869:1, 870:40

FED [5] - 860:40, 866:3, 866:5, 884:46

FEDERATION [1] - 919:30

FEED [1] - 851:11FEEDBACK [3] -

800:17, 916:19, 916:22

FEELINGS [1] - 920:12

FELL [2] - 819:38, 873:25

FELT [2] - 822:22, 864:34

FEW [4] - 844:36, 900:33, 902:11, 906:6

FIELD [8] - 801:7, 801:18, 801:33, 801:36, 818:30, 850:33, 904:38, 908:14

FILLED [1] - 908:43FILLING [1] - 812:23FILTERING [1] -

854:5FINAL [3] - 862:7,

885:3, 902:47FINALISE [1] -

868:46FINALISED [1] -

912:35FINALISING [1] -

849:15FINANCIAL [1] -

836:35FINDINGS [1] -

822:32FINE [4] - 854:36,

892:8, 919:7, 919:32FINES [1] - 861:6FINISH [2] - 834:32FINISHED [5] -

814:18, 819:3, 845:15, 877:18, 892:10

FIRE [1] - 918:31FIRST [34] - 801:26,

804:34, 804:47, 806:3, 807:31, 813:45, 820:25, 820:29, 837:21, 838:16, 842:45, 844:37, 851:35, 851:47, 852:3, 854:40, 856:14, 868:13, 872:4, 876:35, 876:40, 886:8, 891:16, 891:31, 892:18, 892:19, 900:5, 903:1, 903:40, 906:5, 907:28, 912:18, 912:23, 914:31

FIRSTLY [3] - 821:17, 826:22, 844:22

FISHING [2] - 890:37, 890:40

FITS [1] - 849:5FIVE [4] - 806:24,

815:28, 885:21, 911:8FIXED [2] - 880:42,

881:4FLOW [1] - 861:14FLOWS [2] - 801:34,

899:5FLY [1] - 891:23FOCUS [6] - 808:29,

808:30, 818:28, 872:13, 905:38

FOLD [1] - 837:10FOLDED [1] - 826:36FOLDER [4] -

827:34, 831:14, 837:10, 903:47

FOLLOW [2] - 824:27, 871:33

FOLLOWED [1] - 919:18

FOLLOWING [9] - 816:33, 819:9, 839:1, 845:14, 851:36, 874:11, 881:35, 883:18, 916:35

.30/09/2020 (23) WITNESSTranscript produced by Epiq

11

FOLLOWS [1] - 814:36

FOOT [3] - 826:6, 843:11, 848:2

FORCE [2] - 873:37, 874:12

FORCE [2] - 856:34, 912:19

FORECASTED [2] - 814:37, 815:17

FOREMOST [1] - 854:40

FORESEE [1] - 863:7FORGIVE [1] -

861:13FORM [15] - 801:26,

801:32, 802:18, 804:9, 804:21, 810:41, 822:21, 837:3, 852:12, 853:8, 854:33, 854:34, 891:12, 900:4, 915:9

FORMA [3] - 812:21, 831:35, 831:46

FORMAL [7] - 838:3, 868:26, 916:11, 919:15, 919:20, 920:5, 920:7

FORMALISE [1] - 860:41

FORMALISED [1] - 914:14

FORMALLY [2] - 907:12, 920:4

FORMED [4] - 803:23, 859:10, 859:24, 906:33

FORMER [1] - 888:18

FORMERLY [2] - 876:9, 909:36

FORMS [2] - 904:27, 914:4

FORMS/PROCEDURES [1] - 820:4

FORMULATING [1] - 838:24

FORT [2] - 904:37, 906:7

FORTH [2] - 919:15, 919:28

FORTY [2] - 885:23, 885:26

FORTY-FOUR [2] - 885:23, 885:26

FORUM [2] - 831:34, 831:45

FORWARD [8] - 800:5, 871:41, 876:5,

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877:8, 907:16, 908:4, 911:18, 918:43

FORWARDED [3] - 876:17, 893:34, 918:45

FOUR [10] - 805:18, 806:14, 807:34, 816:37, 816:38, 816:45, 854:33, 885:23, 885:26, 919:19

FOURTH [1] - 898:18FRAME [2] - 815:30,

816:19FRAMEWORK [3] -

831:44, 912:19, 917:35

FREED [1] - 912:46FREQUENTLY [4] -

852:30, 917:22, 917:23, 920:25

FRIEND [2] - 897:3, 900:9

FRIENDS [1] - 918:34

FROM [2] - 899:43, 901:8

FRONT [4] - 815:20, 829:7, 883:44, 914:44

FRUSTRATE [1] - 873:3

FULL [6] - 800:13, 852:31, 906:28, 911:25, 916:12, 917:32

FULL-TIME [1] - 906:28

FULLY [5] - 852:28, 860:7, 887:22, 891:8, 895:34

FUNCTION [3] - 854:24, 867:39, 915:2

FUNCTIONS [1] - 853:30

FUNDAMENTAL [3] - 809:22, 827:4, 827:14

FUNDAMENTALLY

[1] - 809:2FUNDING [2] -

892:19, 892:20FUNDS [1] - 890:1

GGAINED [1] - 915:15GAP [8] - 804:12,

804:19, 806:6, 813:22, 833:21, 833:25, 834:19,

892:17GAP [1] - 804:13GAPS [1] - 833:11GARY [7] - 843:24,

843:35, 844:17, 907:28, 907:30, 907:33, 914:13

GATHERING [1] - 804:29

GENERAL [2] - 908:21, 908:35

GENERAL [22] - 808:26, 842:11, 842:30, 850:13, 850:16, 852:23, 852:36, 852:42, 853:18, 861:46, 864:2, 872:13, 874:7, 878:27, 878:29, 886:19, 887:4, 889:15, 889:43, 894:2, 906:22, 913:47

GENERALITY [1] - 904:32

GENERALLY [22] - 807:33, 808:2, 841:14, 846:3, 846:5, 862:19, 871:42, 871:43, 872:27, 873:14, 875:46, 878:29, 880:7, 891:31, 893:6, 896:10, 896:19, 896:20, 901:23, 917:31, 917:44, 917:47

GENERIC [1] - 802:34

GENIE [1] - 885:38GENIUS [1] - 898:44GENTLEMEN [1] -

918:34GENUINE [1] -

909:43GENUINELY [1] -

844:22GIVEN [21] - 803:22,

808:36, 816:20, 821:25, 833:7, 834:16, 852:47, 853:7, 859:25, 859:42, 890:5, 890:16, 893:40, 895:16, 899:9, 912:21, 912:39, 914:19, 914:20, 915:21, 916:16

GLOVER [98] - 800:3, 800:11, 800:13, 804:24,

811:43, 812:9, 812:47, 813:28, 814:10, 814:14, 815:4, 816:6, 816:12, 816:18, 817:11, 817:47, 818:45, 819:5, 820:16, 820:33, 820:37, 821:17, 821:35, 821:40, 822:26, 823:19, 824:12, 824:42, 827:37, 827:43, 827:47, 828:5, 828:10, 829:22, 831:13, 831:20, 834:16, 834:37, 835:18, 835:30, 835:35, 835:40, 835:44, 836:21, 836:28, 836:32, 836:38, 836:43, 837:9, 839:26, 839:30, 844:46, 845:3, 845:20, 845:24, 845:29, 845:34, 845:40, 845:46, 848:33, 849:13, 849:46, 850:5, 853:16, 855:46, 856:8, 864:47, 865:9, 865:22, 866:38, 869:10, 871:13, 871:31, 872:25, 873:3, 875:14, 875:19, 879:3, 879:9, 879:15, 879:23, 879:30, 880:22, 889:35, 889:39, 891:12, 895:7, 895:14, 897:3, 897:9, 897:15, 899:17, 899:38, 900:9, 910:46, 911:15, 911:24, 913:39

GLOVER [17] - 815:21, 816:1, 818:13, 839:28, 866:11, 878:47, 886:36, 889:14, 890:46, 891:10, 893:25, 896:25, 897:20, 899:47, 900:6, 900:13, 911:22

GLOVER'S [3] - 817:40, 868:10, 891:16

GOAL [3] - 854:27, 854:28, 869:15

GONNA [3] - 882:44, 882:45

GOVERNANCE [14] - 800:26, 800:33, 801:44, 801:47, 809:36, 809:39, 814:47, 815:22, 874:5, 886:22, 886:30, 906:34, 909:39, 910:24

GOVERNANCE [9] - 814:43, 814:44, 815:1, 816:12, 875:30, 875:44, 876:6, 886:9, 886:17

GOVERNING [16] - 864:4, 864:13, 865:1, 866:15, 893:26, 893:43, 894:5, 894:6, 894:17, 894:23, 895:16, 895:23, 895:24, 895:44, 896:18, 909:45

GOVERNMENT [2] - 914:34, 914:43

GOVERNMENT [1] - 384:5

GRADUAL [1] - 886:46

GRAHAM [3] - 804:16, 804:27, 813:24

GRANT [7] - 845:9, 855:33, 892:21, 892:22, 912:45, 915:27, 915:38

GRANT [3] - 800:9, 871:29, 901:9

GRANT [3] - 800:14, 897:32, 918:6

GRANTED [4] - 868:46, 900:34, 900:38, 900:43

GREAT [5] - 864:24, 864:38, 865:9, 867:13, 894:18

GREAT [1] - 918:38GREATER [2] -

862:36, 901:42GREEN [1] - 904:38GREENWOOD [11] -

878:25, 878:31, 878:36, 878:40, 880:33, 880:36, 881:16, 881:30, 882:3, 882:8, 889:14

GREENWOOD [13] - 844:40, 852:7, 852:10, 852:13, 856:42, 857:2, 857:15, 857:26, 859:29, 859:36,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

12

866:47, 867:4, 907:15GREENWOOD'S [1]

- 853:38GREG [7] - 857:30,

857:31, 857:36, 858:10, 867:27, 867:28, 868:31

GROUNDS [2] - 895:15, 901:31

GROUP [44] - 800:29, 805:45, 809:23, 811:14, 811:35, 813:44, 816:13, 837:25, 837:42, 837:47, 838:2, 838:4, 838:10, 838:14, 838:15, 838:23, 838:40, 838:44, 839:11, 839:12, 839:31, 839:33, 839:43, 840:3, 843:32, 849:1, 850:6, 854:43, 858:8, 866:27, 867:5, 867:16, 867:21, 874:14, 881:39, 886:23, 887:2, 906:30, 906:33, 906:43, 908:36, 912:26

GROUP [4] - 837:22, 837:32, 837:41, 875:20

GROUP'S [1] - 834:12

GROUPING [1] - 810:42

GROUPS [3] - 808:41, 809:23, 859:24

GROUPS/TEAMS [1] - 837:17

GROWN [1] - 914:24GUESS [5] - 912:16,

912:35, 914:10, 917:46, 917:47

GUEST [1] - 805:44GUIDANCE [4] -

815:45, 858:5, 879:16, 893:35

GUIDE [1] - 802:20GUIDING [1] -

901:32

HHAHN [16] - 861:30,

877:14, 877:37, 878:15, 881:36, 881:46, 882:3,

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882:14, 882:18, 882:23, 882:34, 882:41, 883:5, 885:29, 907:27, 908:9

HALF [8] - 801:27, 801:39, 817:31, 853:36, 857:35, 869:38, 871:39, 917:6

HALFWAY [3] - 845:5, 906:10

HAND [13] - 809:12, 828:15, 829:8, 837:14, 865:32, 893:27, 893:36, 898:23, 898:45, 899:15, 913:13, 913:16, 913:34

HANDED [1] - 898:41HANDING [1] - 918:7HANDOUTS [1] -

893:40HANDS [4] - 854:47,

873:15, 873:26, 873:40

HANDS-ON [1] - 873:40

HAPPY [2] - 896:6, 899:47

HARD [2] - 865:7, 894:45

HARMONISE [1] - 893:2

HARRIS [4] - 911:9, 911:17, 911:26, 920:32

HARRIS [1] - 911:20HATCHET [2] -

821:33, 823:6HAUL [1] - 867:34HAWKESBURY [1] -

897:39HAZARDOUS [2] -

880:6, 914:18HEAD [6] - 818:12,

822:5, 847:21, 858:15, 879:13, 879:15

HEADED [1] - 828:8HEADED [5] -

837:17, 837:21, 850:6, 865:17, 903:42

HEADING [12] - 819:9, 822:32, 823:19, 823:23, 828:3, 833:11, 843:4, 843:10, 845:3, 875:25, 884:29, 902:43

HEADINGS [1] - 842:44

HEADQUARTERS

[2] - 858:9, 920:23HEALTH [5] -

822:38, 822:44, 887:23, 887:29, 887:45

HEALTH [13] - 806:36, 824:31, 826:23, 865:33, 887:12, 895:36, 912:8, 916:2, 916:8, 916:9, 916:10, 916:12, 916:37

HEAR [1] - 890:15HEARD [2] - 890:26,

890:29HEARING [1] -

920:36HEAT [1] - 833:3HEAVY [1] - 896:19HEILER [1] - 918:30HELD [3] - 804:38,

844:22, 851:40HELD [1] - 384:14HELLYER [1] -

869:29HELP [5] - 823:10,

849:40, 883:43, 886:7, 908:8

HELPFUL [6] - 831:6, 849:40, 885:9, 908:3, 908:4, 919:2

HELPFULLY [1] - 872:33

HELPFULNESS [1] - 908:7

HESITATED [1] - 881:23

HIDE [2] - 885:34, 885:37

HIGH [17] - 806:18, 806:19, 806:27, 806:31, 809:38, 815:44, 834:16, 834:34, 834:41, 837:4, 849:31, 854:41, 864:25, 902:28, 903:3, 905:39, 909:36

HIGHER [1] - 874:9HIGHLIGHTED [3] -

858:40, 891:47, 892:6HIGHLIGHTING [1] -

829:44HIGHLY [1] - 823:4HIGHWAY [1] -

918:38HILLS [2] - 858:9,

867:28HIMSELF [2] -

907:16, 915:16HINDSIGHT [4] -

819:24, 905:4, 905:11, 906:9

HISTORY [3] - 841:16, 843:38, 907:31

HOC [2] - 820:4, 904:27

HOLD [4] - 824:17, 824:18, 851:30, 906:7

HOLDING [1] - 904:37

HOLE [2] - 901:47, 902:32

HOLES [1] - 902:5HOME [1] - 914:24HORNSBY [1] -

897:36HOST [1] - 838:29HOTLINE [2] - 915:5,

915:8HOUR [2] - 869:38,

914:45HOURS [1] - 866:28HOW-TO [1] - 902:29HR [1] - 883:41HUB [1] - 916:14HUGE [1] - 910:5HUMAN [1] - 879:21HUNDRED [1] -

816:43

II.E [1] - 877:28IAP [3] - 897:29,

897:33, 897:34IDEA [3] - 814:41,

894:34, 898:25IDENTIFICATION [1]

- 854:41IDENTIFIED [16] -

806:18, 813:42, 813:46, 816:6, 816:45, 817:2, 823:1, 832:19, 833:15, 833:21, 833:45, 834:11, 835:3, 879:47, 880:4, 905:19

IDENTIFIES [3] - 820:1, 826:14, 829:38

IDENTIFY [9] - 803:38, 803:43, 806:2, 818:19, 819:12, 826:22, 850:5, 858:42, 907:12

IDENTIFYING [3] - 815:25, 818:30, 826:17

ILLEGAL [2] - 914:42, 917:18

IMAGINE [2] - 823:2, 879:20

IMMATURE [2] - 831:36, 853:25

IMMEDIATE [6] - 816:42, 817:4, 853:46, 854:40, 857:18, 858:39

IMMEDIATE [1] - 858:18

IMMEDIATELY [7] - 828:23, 839:12, 843:4, 843:36, 851:39, 877:2, 884:30

IMPACT [2] - 864:22, 910:4

IMPACTED [3] - 809:17, 811:15, 815:17

IMPARTIAL [1] - 858:38

IMPEDE [1] - 863:22IMPERATIVE [1] -

855:1IMPLEMENT [5] -

826:14, 868:47, 900:43, 901:2, 912:23

IMPLEMENTATION

[5] - 867:32, 915:22, 915:30, 915:35, 916:1

IMPLEMENTED [3] - 801:33, 855:6, 869:18

IMPLEMENTING [1] - 918:3

IMPORTANCE [3] - 807:8, 839:37, 907:2

IMPORTANT [22] - 802:32, 802:41, 804:20, 807:1, 821:2, 821:4, 833:1, 840:13, 840:20, 840:44, 840:45, 840:46, 852:36, 852:42, 859:47, 862:25, 866:25, 888:5, 890:24, 895:19, 896:5, 911:45

IMPOSED [1] - 807:9IMPRESSION [1] -

811:29IMPROVED [4] -

803:24, 854:30, 857:21, 904:37

IMPROVEMENT [20] - 801:29, 820:45, 822:23, 825:12, 825:33, 827:4, 828:14, 829:2,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

13

853:32, 855:2, 857:7, 857:41, 868:8, 872:6, 887:16, 889:17, 889:32, 892:15, 892:41, 896:35

IMPROVEMENTS [1] - 853:34

IMPROVING [2] - 823:47, 868:19

INADEQUATE [3] - 802:15, 802:16, 829:45

INCEPTION [2] - 855:23, 913:42

INCIDENT [3] - 860:18, 861:5, 863:2

INCIDENTS [2] - 914:33

INCLUDE [3] - 839:12, 917:18, 917:19

INCLUDED [2] - 848:12, 916:12

INCLUDES [1] - 822:37

INCLUDING [6] - 827:15, 872:36, 881:40, 881:41, 904:12, 904:14

INCLUSIVENESS [1] - 862:35

INCONSISTENT [2] - 869:24, 869:25

INCORPORATED [3] - 823:27, 851:19, 914:23

INCORRECT [2] - 861:13, 903:11

INCREDIBLY [1] - 871:8

INDEPENDENT [2] - 821:7, 892:16

INDEPENDENTLY

[1] - 819:11INDEX [5] - 815:22,

828:10, 837:12, 913:14, 913:15

INDICATE [3] - 889:31, 892:14, 899:10

INDICATED [2] - 839:32, 886:37

INDISTINCT [3] - 917:3, 917:13, 919:27

INDISTINCT) [1] - 910:29

INDIVIDUAL [9] - 807:44, 808:1, 808:5, 808:6, 818:20, 818:31, 824:7,

Page 136: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

850:37, 894:24INDIVIDUALS [1] -

910:9INEFFECTIVE [1] -

863:21INFERRING [1] -

878:44INFLICTED [1] -

910:5INFLUENCE [1] -

827:10INFORM [1] - 817:5INFORMAL [1] -

847:9INFORMALLY [1] -

907:13INFORMATION [24] -

804:20, 804:29, 810:18, 811:25, 840:21, 852:37, 852:47, 853:1, 853:4, 853:8, 853:17, 853:19, 853:21, 853:29, 853:37, 853:39, 853:42, 853:43, 854:2, 854:4, 854:36, 863:8, 918:41, 918:43

INFORMED [4] - 862:34, 892:18, 892:39, 895:34

INFORMING [2] - 817:8, 840:40

INFRASTRUCTURE

[1] - 833:45INHERITED [1] -

802:2INITIAL [3] - 915:13,

916:28, 916:35INITIALS [1] - 904:47INITIATIVE [2] -

831:29, 839:37INQUIRE [1] - 894:11INQUIRIES [1] -

890:6INQUIRING [1] -

877:29INQUIRY [3] -

889:47, 890:9, 912:47INQUIRY [1] - 384:5INSIDE [1] - 855:12INSIGNIFICANT [1] -

868:19INSPECTION [1] -

806:19INSPECTIONS [3] -

801:6, 850:7, 851:18INSPECTOR [5] -

844:32, 857:5, 857:17, 857:27,

857:29INSPECTORATE [1]

- 918:13INSPECTORS [7] -

869:36, 870:1, 870:19, 871:2, 874:42, 918:33, 918:40

INSTEAD [1] - 885:34

INSTRUCTIONS [1] - 890:21

INSUFFICIENT [3] - 887:20, 887:30, 887:37

INSURANCE [2] - 812:33, 812:42

INTEGRAL [1] - 876:1

INTEGRATE [1] - 867:38

INTEGRATES [1] - 824:22

INTENT [2] - 889:46, 902:28

INTENTION [2] - 834:18, 883:24

INTENTIONED [4] - 811:34, 811:37, 838:44, 838:46

INTENTIONS [2] - 859:23, 866:31

INTER [1] - 908:9INTER-REACT [1] -

908:9INTERACT [3] -

800:39, 801:19, 840:3INTERACTED [1] -

809:28INTERACTION [3] -

803:8, 811:33, 871:14INTERACTIONS [2] -

803:21, 811:16INTEREST [3] -

846:20, 890:9, 896:31INTERESTED [4] -

864:21, 864:22, 865:41, 916:42

INTERESTS [3] - 890:10, 890:11, 908:12

INTERFERED [1] - 919:7

INTERLACED [1] - 901:44

INTERNAL [4] - 808:31, 865:18, 865:25, 897:40

INTERNALLY [1] - 807:36

INTERVENED [2] - 847:22, 859:4

INTERVENTION [8] - 816:33, 851:35, 851:40, 852:14, 853:4, 854:44, 857:11, 860:28

INTRODUCED [2] - 823:29, 896:33

INTRODUCTION [2] - 820:31, 915:33

INTRODUCTORY [1] - 847:42

INTRUSIVE [2] - 859:33, 859:42

INVALID [1] - 868:35INVESTIGATED [2] -

846:28, 846:29INVESTIGATION [7]

- 803:25, 846:15, 846:31, 846:41, 847:35, 847:36, 860:39

INVESTIGATIONS

[4] - 804:9, 912:47, 918:38, 918:41

INVESTMENT [3] - 803:27, 805:20, 887:18

INVITED [10] - 804:38, 804:42, 813:43, 838:3, 838:6, 916:14, 916:18, 919:36

INVITEE [1] - 865:10INVOLVE [1] -

915:26INVOLVED [13] -

801:46, 825:44, 830:44, 832:44, 838:9, 839:47, 846:33, 854:20, 862:6, 868:24, 882:29, 911:33, 917:41

INVOLVEMENT [8] - 804:47, 812:30, 814:14, 857:45, 873:40, 884:4, 911:41, 917:44

INVOLVES [1] - 826:17

IRREGULAR [1] - 875:11

IRRESPECTIVE [1] - 917:7

IS [1] - 828:8ISSUE [52] - 805:21,

808:27, 813:47, 832:19, 840:14,

841:21, 855:33, 857:6, 862:18, 862:33, 862:41, 863:26, 864:5, 864:24, 865:32, 867:38, 872:16, 872:19, 875:6, 875:7, 875:9, 875:10, 876:21, 876:44, 878:18, 878:30, 881:31, 881:36, 882:4, 882:15, 882:23, 882:40, 886:37, 886:47, 887:1, 887:46, 888:27, 889:8, 889:16, 889:18, 895:25, 895:39, 896:31, 898:17, 899:24, 899:25, 907:33, 910:23, 910:24, 915:13, 915:18

ISSUED [10] - 852:1, 852:3, 852:29, 868:6, 868:9, 869:17, 869:39, 889:9, 889:17, 920:10

ISSUES [35] - 805:1, 824:29, 829:24, 839:43, 849:10, 852:30, 857:19, 860:27, 861:27, 862:22, 862:26, 862:29, 863:21, 864:13, 865:2, 865:14, 866:17, 867:20, 868:18, 873:41, 880:4, 884:4, 884:6, 884:7, 884:13, 884:19, 886:30, 887:43, 890:1, 896:20, 913:2, 913:6, 914:29, 915:9, 918:21

ISSUING [3] - 827:26, 875:1, 875:2

IT [4] - 862:19, 862:33, 862:43, 862:44

IT'LL [1] - 863:13ITEM [12] - 841:47,

842:5, 842:9, 850:16, 851:21, 861:29, 897:4, 897:6, 897:7, 900:18, 903:1, 903:2

ITERATION [1] - 873:16

ITERATIONS [3] - 916:4, 916:6, 916:22

ITSELF [6] - 827:8,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

14

840:2, 861:7, 876:44, 893:45, 902:33

JJAMES [2] - 800:9,

911:20JAMES [3] - 800:14,

886:3, 911:26JANUARY [3] -

869:1, 893:9, 900:35JASMINE [1] -

900:20JASMINE [2] - 901:8,

901:10JASMYN'S [1] -

832:8JASON [1] - 915:15JOB [13] - 815:28,

816:37, 816:38, 816:41, 821:33, 823:6, 891:32, 906:9, 910:25, 910:26, 910:28, 910:31, 910:32

JOHNSTON [18] - 842:24, 842:36, 842:46, 843:5, 843:24, 843:35, 844:23, 844:40, 846:14, 846:20, 855:22, 855:27, 855:43, 856:9, 856:13, 856:22, 907:19, 907:29

JOHNSTON'S [1] - 846:3

JOIN [1] - 818:40JOINED [2] - 912:31,

916:47JOINING [4] - 819:7,

916:29, 916:35, 918:6JOINT [3] - 897:29,

897:33, 897:40JONES [1] - 913:30JOURNEY [1] -

822:14JUDGMENT [1] -

822:21JULY [8] - 800:21,

858:8, 865:5, 893:26, 896:15, 896:25, 898:18, 900:19

JULY [1] - 866:9JUNE [7] - 800:22,

854:15, 856:13, 858:7, 859:4, 859:30, 896:15

Page 137: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

KKARAFILLOF [1] -

919:27KATHRYN [1] -

918:30KATOOMBA [3] -

384:17, 917:21, 918:39

KEEP [4] - 826:15, 851:15, 906:7, 913:15

KEEPS [1] - 805:5KENAFACKE [2] -

804:16, 813:24KEPT [2] - 805:30,

875:41KEVIN [1] - 909:24KEY [7] - 800:41,

826:30, 836:30, 836:44, 836:47, 912:12, 916:2

KEYES [4] - 803:18, 812:20, 812:30, 825:23

KICKING [1] - 825:18KIND [2] - 894:11,

906:28KINDERGARTEN [1]

- 871:14KINDLY [1] - 858:11KITCHING [3] -

847:39, 848:6, 854:9KNOWING [1] -

805:9KNOWLEDGE [7] -

817:16, 841:33, 856:39, 889:15, 892:44, 906:3, 907:31

KNOWN [13] - 802:10, 803:14, 804:19, 825:11, 831:38, 839:38, 839:43, 841:14, 844:2, 859:7, 875:20, 887:26, 904:47

KNOWS [1] - 824:8KOLAR [1] - 863:32KS [1] - 865:28

LLAA [2] - 914:36,

915:19LABEL [2] - 844:36,

874:17LABELLING [3] -

879:31, 879:46, 880:5LACK [7] - 809:22,

823:40, 824:24, 841:31, 862:21,

895:35, 908:7LACKED [1] - 838:41LARGE [6] - 807:41,

816:45, 858:39, 858:41, 881:39, 882:41

LARGELY [5] - 802:2, 823:38, 874:18, 890:6, 891:25

LARGER [1] - 815:41LAST [17] - 806:24,

833:1, 837:38, 842:45, 856:16, 860:34, 863:37, 875:25, 891:43, 897:4, 897:6, 897:20, 899:31, 900:18, 900:22, 912:32, 912:34

LATE [6] - 813:21, 815:15, 856:16, 895:4, 899:27

LATITUDE [1] - 879:33

LATTER [1] - 817:31LAW [3] - 883:26,

893:16, 909:40LAWSON [6] -

876:18, 876:21, 878:34, 878:36, 885:15, 900:24

LAYER [5] - 901:40, 901:41, 901:42, 901:46, 907:8

LAYERS [2] - 901:33, 901:43

LAYOUT [2] - 832:30, 832:31

LEAD [2] - 838:15, 854:21

LEADER [4] - 838:14, 853:20, 900:29, 906:27

LEADERS [1] - 805:43

LEADERSHIP [15] - 805:35, 805:39, 822:4, 822:12, 831:21, 839:13, 839:38, 839:44, 853:22, 860:7, 887:4, 900:46, 906:40, 910:23, 919:43

LEADING [3] - 825:9, 914:7, 914:27

LEAKING [1] - 872:35

LEARNED [2] - 897:3, 900:9

LEASEHOLDER [1] -

840:32LEAST [12] - 815:30,

815:33, 833:42, 840:36, 841:9, 868:30, 870:43, 896:19, 906:4, 907:34, 910:16, 911:8

LEAVE [6] - 855:27, 868:2, 899:19, 907:38, 907:43, 907:46

LEAVING [9] - 823:6, 849:13, 863:2, 868:7, 900:11, 904:15, 906:10, 914:24

LED [8] - 849:2, 852:16, 852:24, 859:11, 904:40, 913:27, 914:1, 914:22

LEFT [9] - 825:7, 825:36, 829:6, 835:12, 873:11, 873:23, 907:20, 910:16, 918:6

LEGACY [1] - 825:28LEGAL [8] - 817:43,

826:5, 887:31, 887:46, 888:1, 888:34, 918:42

LEGISLATION [9] - 826:32, 842:17, 851:10, 887:13, 888:3, 893:3, 893:8, 895:36, 912:8

LEGISLATIVE [3] - 826:16, 826:17, 826:29

LEGITIMATE [1] - 884:13

LENGTH [1] - 857:31LESSENED [2] -

873:42, 873:43LESSER [1] - 918:37LETTER [5] - 883:32,

884:10, 885:2, 897:26, 899:24

LEVEL [33] - 804:9, 809:38, 815:44, 823:29, 826:39, 832:33, 837:4, 839:37, 846:8, 846:25, 848:43, 849:31, 852:43, 862:21, 864:25, 866:18, 873:18, 874:9, 877:27, 878:12, 887:34, 888:4, 889:15, 891:9, 896:46, 902:28, 904:32, 905:4,

906:40, 906:47, 909:37, 917:28, 917:29

LEVEL [1] - 860:39LEVELS [2] - 906:42,

916:47LIAISE [1] - 800:39LIAISED [1] - 857:34LICENCES [1] -

914:35LICENSED [2] -

917:20, 917:33LIDDELL [11] -

858:26, 877:33, 878:1, 878:38, 878:40, 883:19, 887:14, 893:29, 893:33, 897:12, 900:17

LIE [1] - 882:44LIKELIHOOD [1] -

836:47LIKELY [1] - 835:46LIMITED [1] - 890:7LIMITS [1] - 862:34LINE [7] - 842:45,

858:11, 859:36, 895:7, 902:5, 902:6

LINE-BY-LINE [1] - 858:11

LINED [1] - 816:39LINK [2] - 879:18,

898:47LIST [2] - 826:43,

865:25LISTS [1] - 902:39LIVE [2] - 895:39,

916:38LIVING [2] - 848:42,

909:38LOADER [1] - 913:30LOCAL [1] - 384:5LOCAL [4] - 909:38,

914:34, 914:43LOCATED [2] -

842:47, 843:14LOCATION [4] -

880:37, 881:17, 882:35, 883:18

LOCATIONS [1] - 843:6

LOGICAL [1] - 918:5LONG-TERM [1] -

856:29LOOK [13] - 809:44,

815:21, 815:22, 818:18, 831:40, 832:16, 832:45, 841:16, 844:3, 855:4, 877:38, 903:41,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

15

904:19LOOKED [1] -

847:31LOOKING [9] -

811:32, 814:40, 815:20, 843:32, 845:22, 856:10, 880:14, 905:17, 913:1

LOOKS [2] - 877:3, 905:21

LOW [1] - 903:1LUKE [1] - 854:1LUNCH [2] - 871:34,

874:21LUNCHEON [1] -

871:27

MMADDAFORD [10] -

857:30, 857:36, 858:2, 860:14, 860:22, 867:28, 867:47, 868:12, 868:24, 868:31

MAGNITUDE [1] - 841:28

MAIN [2] - 814:1, 902:13

MAINTAIN [4] - 808:2, 808:19, 808:46, 826:15

MAINTAINED [4] - 802:8, 802:9, 875:30, 903:21

MAINTAINING [2] - 808:35, 809:18

MAINTENANCE [7] - 808:33, 824:44, 832:5, 840:31, 840:33, 859:43, 875:47

MAJOR [6] - 854:27, 854:28, 865:33, 883:21, 905:38

MAJORITY [2] - 873:21, 912:32

MANAGE [8] - 819:12, 820:5, 820:17, 849:30, 862:41, 863:23, 877:7, 904:28

MANAGED [3] - 820:18, 862:40, 907:32

MANAGEMENT [131] - 800:35, 800:40, 804:31, 804:45, 805:1, 805:27, 805:31, 805:40,

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805:43, 806:19, 806:27, 808:27, 808:47, 809:2, 809:4, 809:5, 809:12, 809:24, 809:36, 817:22, 820:6, 820:20, 820:40, 821:12, 822:36, 823:20, 823:26, 823:28, 823:37, 824:14, 824:21, 825:13, 826:30, 826:31, 827:3, 827:6, 827:27, 829:47, 830:37, 832:9, 834:6, 837:18, 838:22, 838:25, 839:33, 840:40, 841:6, 841:34, 842:1, 842:37, 843:5, 843:10, 843:14, 843:43, 847:44, 850:18, 851:24, 851:41, 851:46, 852:15, 852:38, 853:29, 854:16, 854:27, 855:2, 857:20, 857:42, 858:12, 858:33, 859:2, 859:6, 859:7, 860:42, 861:1, 862:22, 863:3, 863:18, 864:23, 866:16, 868:20, 868:47, 869:18, 871:40, 871:43, 872:1, 872:32, 873:20, 873:24, 873:41, 874:9, 876:1, 876:2, 882:30, 887:17, 891:5, 892:34, 896:20, 898:1, 898:22, 899:47, 900:32, 900:45, 901:23, 901:33, 902:17, 903:32, 904:29, 905:37, 905:39, 905:40, 906:21, 906:25, 906:26, 906:39, 910:13, 911:29, 912:5, 912:24, 912:25, 912:40, 913:6, 915:22, 915:29, 916:1, 916:28, 916:33, 918:4

MANAGEMENT [18] - 808:18, 808:20, 814:36, 814:38, 816:19, 817:26,

828:37, 829:28, 829:30, 829:37, 829:45, 871:44, 875:20, 875:26, 886:45, 889:33, 895:37, 896:36

MANAGER [3] - 908:22, 908:35, 908:36

MANAGER [21] - 800:26, 800:29, 805:45, 839:13, 851:45, 852:36, 852:43, 853:18, 873:17, 874:7, 886:9, 886:12, 886:17, 886:19, 887:3, 887:4, 887:40, 889:43, 905:21, 906:9, 906:43

MANAGER'S [1] - 889:15

MANAGER/IR [1] - 883:41

MANAGERS [14] - 801:17, 803:10, 803:11, 805:3, 805:27, 844:13, 846:26, 846:33, 846:36, 856:42, 887:15, 909:37

MANAGING [3] - 840:29, 885:34, 885:36

MANIFEST [3] - 862:21, 873:7, 893:44

MANIFESTED [1] - 841:31

MANIFESTLY [1] - 869:22

MANIPULATE [1] - 875:19

MANNER [3] - 838:42, 870:12, 875:40

MAP [1] - 833:3MAP [4] - 819:10,

848:2, 848:8, 848:12MARCH [10] -

841:44, 842:23, 842:33, 843:20, 843:25, 843:35, 845:8, 845:36, 847:23, 893:31

MARK [3] - 854:1, 918:5

MARKER [2] - 837:13, 913:15

MATCHES [1] - 848:40

MATERIAL [5] -

840:30, 880:7, 886:36, 917:22, 917:23

MATERIALLY [3] - 868:42, 868:45, 869:44

MATERIALS [2] - 879:16, 914:18

MATRIX [1] - 837:3MATTER [22] -

802:32, 804:34, 805:23, 807:21, 823:42, 825:47, 840:13, 841:17, 842:6, 846:9, 846:28, 846:32, 852:16, 852:27, 854:47, 862:38, 862:43, 866:12, 866:25, 884:21, 893:16, 894:10

MATTERS [34] - 801:11, 801:28, 801:40, 801:47, 803:40, 804:31, 804:44, 805:6, 805:18, 807:25, 807:28, 807:32, 823:3, 823:11, 826:23, 832:21, 838:1, 838:5, 841:7, 843:19, 844:4, 844:16, 847:2, 847:20, 852:15, 852:38, 853:39, 857:32, 860:1, 860:23, 872:32, 912:15, 912:20, 916:44

MATURE [3] - 838:4, 853:27, 853:28

MATURING [1] - 873:19

MATURITY [1] - 804:10

MAYOR [4] - 881:26, 881:30, 882:18, 909:22

MCKAY [42] - 800:5, 800:14, 806:2, 808:39, 811:43, 811:45, 818:1, 818:46, 819:2, 828:10, 831:13, 836:19, 836:32, 866:38, 869:11, 871:29, 871:33, 883:44, 885:41, 886:3, 888:33, 890:14, 890:21,

890:46, 891:43, 892:12, 892:39, 893:25, 893:32, 893:39, 894:16, 895:16, 896:31, 897:24, 897:28, 897:33, 898:42, 899:24, 900:16, 901:17, 910:41, 918:6

MCKAY [2] - 800:9, 901:9

MCKAY'S [1] - 901:10

MCKAY'S [5] - 891:25, 893:21, 893:47, 894:11, 899:7

MEAN [23] - 810:16, 810:21, 810:22, 810:24, 821:18, 824:4, 834:11, 839:47, 866:5, 866:27, 870:8, 870:9, 872:34, 872:35, 875:2, 877:44, 878:7, 895:27, 898:40, 908:29, 917:30, 918:28

MEANING [2] - 886:26, 897:45

MEANS [5] - 836:25, 838:36, 875:1, 887:21, 897:34

MEANT [7] - 810:41, 811:26, 834:20, 864:38, 890:6, 898:25, 918:28

MEASURES [2] - 817:32, 904:14

MECHANISMS [3] - 915:4, 915:11, 916:9

MEDIA [2] - 869:42, 896:14

MEDLOCK [1] - 912:45

MEET [2] - 893:3, 893:8

MEETING [26] - 804:38, 804:44, 805:44, 807:22, 807:25, 813:10, 813:41, 828:30, 837:29, 837:35, 837:45, 838:6, 838:16, 838:26, 841:43, 842:27, 843:24, 843:35, 843:36, 845:46, 850:5, 850:13, 867:27, 889:9, 896:46, 920:6

.30/09/2020 (23) WITNESSTranscript produced by Epiq

16

MEETING" [1] - 870:14

MEETINGS [9] - 804:42, 813:44, 846:25, 865:10, 865:42, 882:33, 882:40, 898:19, 920:26

MEMBER [8] - 837:36, 855:23, 863:33, 895:15, 909:26, 914:41, 914:42

MEMBERS [6] - 840:4, 881:40, 895:24, 909:18, 910:12, 915:7

MEMBERSHIP [1] - 909:42

MEMO [15] - 814:21, 816:40, 818:3, 818:8, 818:11, 818:24, 818:45, 819:1, 831:20, 835:30, 847:38, 847:42, 847:47, 855:43, 887:3

MEMOIRE [1] - 864:6MEMORANDUM [5] -

814:17, 844:40, 845:25, 856:9, 856:41

MEMORANDUMS [1] - 854:9

MEMORY [3] - 828:46, 842:29, 896:15

MEMOS [1] - 859:24MENTION [5] -

872:11, 874:30, 878:32, 896:34, 898:42

MENTIONED [9] - 803:38, 806:3, 837:42, 862:20, 871:37, 872:31, 880:27, 905:32, 915:38

MENTIONING [2] - 812:24, 837:25

MENTIONS [1] - 900:22

MESSAGE [1] - 889:2

MET [6] - 835:47, 837:42, 845:8, 881:40, 882:22, 918:32

METAPHOR [1] - 901:27

METHOD [3] - 850:32, 851:28, 918:9

Page 139: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

METHODOLOGIES

[3] - 912:7, 915:32, 915:39

METHODS [2] - 850:26, 850:30

MICHAEL [1] - 899:43

MICHAEL [5] - 812:19, 812:24, 897:26, 898:12, 909:14

MICK [1] - 919:27MICROPHONE [1] -

800:17MID [2] - 815:2,

847:24MID-2016 [1] -

834:34MID-2017 [8] -

805:38, 834:23, 834:27, 851:40, 859:12, 860:1, 863:4, 875:35

MID-2019 [1] - 920:15

MID-MAY [1] - 847:24

MIDDLE [8] - 800:40, 801:17, 803:4, 803:10, 860:13, 881:12, 905:29, 907:8

MIGHT [25] - 806:45, 815:8, 820:12, 837:11, 837:38, 849:5, 849:40, 849:46, 871:13, 878:13, 879:26, 880:5, 883:43, 884:21, 897:25, 898:44, 900:4, 900:9, 900:10, 903:36, 905:19, 917:8, 917:18, 918:25, 919:16

MILLION [2] - 892:14, 892:40

MIND [17] - 802:32, 804:26, 805:32, 825:22, 825:40, 834:46, 838:18, 861:4, 871:1, 872:26, 872:43, 884:26, 884:27, 890:20, 894:12, 906:25, 915:46

MINIMISE [2] - 881:47, 883:10

MINIMISING [2] - 881:17, 883:6

MINUTE [6] - 815:28,

841:43, 865:5, 865:17, 886:7, 891:20

MINUTED [1] - 920:27

MINUTES [2] - 866:8, 899:40

MINUTES [18] - 850:3, 861:26, 861:30, 870:22, 896:25, 896:37, 896:45, 896:46, 896:47, 897:24, 898:20, 898:41, 898:46, 899:9, 899:25, 899:26, 900:18, 911:8

MISDIRECTED [1] - 883:46

MISHAPS [1] - 901:22

MISMANAGEMENT

[1] - 843:43MISNOMER [1] -

917:32MISSED [4] - 821:14,

830:13, 830:33, 883:45

MISSING [2] - 813:25, 863:44

MISTAKES [1] - 811:38

MODEL [18] - 810:38, 812:10, 812:21, 813:36, 819:10, 820:31, 825:26, 831:42, 831:44, 833:35, 848:23, 848:26, 848:34, 849:13, 901:18, 901:21, 902:31, 906:13

MODERN [1] - 906:26

MOMENT [9] - 802:27, 878:30, 879:10, 879:13, 879:15, 879:18, 880:27, 885:28, 904:33

MONEY [4] - 861:31, 861:37, 862:41, 892:22

MONITOR [1] - 835:44

MONTH [2] - 854:44, 859:5

MONTHLY [2] - 835:47, 836:1

MONTHS [9] - 815:32, 838:5,

867:35, 869:16, 896:34, 912:35, 920:7, 920:14, 920:16

MOORE [4] - 882:23, 882:34, 883:10

MORNING [3] - 819:16, 837:12, 840:10

MOST [16] - 811:39, 823:13, 833:4, 837:33, 839:11, 854:40, 868:21, 873:5, 879:38, 914:45, 915:44, 916:46, 917:19, 918:7, 919:14

MOSTLY [2] - 886:5, 920:21

MOTIVATION [2] - 908:16, 908:18

MOTIVE [1] - 840:15MOUNTAINS [1] -

384:9MOUNTAINS [19] -

384:16, 802:21, 802:24, 804:39, 808:35, 815:12, 815:24, 828:47, 849:6, 873:8, 886:26, 892:45, 897:35, 912:34, 912:36, 914:33, 914:34, 914:41, 917:30

MOVE [6] - 803:28, 803:31, 803:32, 889:7, 890:42, 893:24

MOVED [3] - 862:7, 873:14, 913:4

MOVING [1] - 869:14MR [160] - 800:3,

800:11, 800:13, 804:24, 811:43, 812:9, 812:47, 813:28, 814:10, 814:14, 815:4, 816:6, 816:12, 816:18, 817:11, 817:47, 818:45, 819:5, 820:16, 820:33, 820:37, 821:17, 821:35, 821:40, 822:26, 823:19, 824:12, 824:42, 827:37, 827:43, 827:47, 828:5, 828:10, 829:22, 831:13, 831:20, 834:16, 834:37, 835:18, 835:30, 835:35, 835:40,

835:44, 836:21, 836:28, 836:32, 836:38, 836:43, 837:9, 839:26, 839:30, 840:9, 844:46, 845:3, 845:20, 845:24, 845:29, 845:34, 845:40, 845:46, 847:29, 848:33, 849:13, 849:46, 850:5, 853:16, 855:46, 856:8, 864:47, 865:9, 865:22, 866:5, 866:38, 869:10, 871:13, 871:31, 872:25, 873:3, 875:14, 875:19, 879:3, 879:9, 879:15, 879:23, 879:30, 880:22, 885:46, 886:1, 886:42, 887:9, 887:28, 888:21, 888:33, 888:39, 889:35, 889:39, 890:18, 890:24, 890:31, 890:40, 890:46, 891:12, 891:19, 891:25, 891:35, 891:40, 892:2, 892:6, 892:12, 892:29, 892:33, 892:39, 893:11, 893:15, 893:24, 894:5, 894:16, 894:23, 894:34, 894:41, 895:7, 895:12, 895:14, 895:19, 895:23, 895:29, 895:34, 895:44, 896:4, 896:24, 896:31, 897:3, 897:9, 897:15, 897:19, 897:44, 898:30, 898:34, 898:38, 899:3, 899:7, 899:17, 899:19, 899:23, 899:38, 899:46, 900:9, 900:16, 901:10, 901:15, 901:40, 904:7, 908:2, 908:29, 909:9, 910:41, 910:46, 911:15, 911:24, 913:39

MULLIGAN [3] - 804:15, 909:2, 918:6

MULTIPLE [3] - 829:9, 901:35, 901:43

MUST [2] - 829:36,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

17

884:3

NNAME [8] - 800:13,

861:12, 872:11, 886:3, 901:26, 904:46, 911:25, 914:19

NAMES [3] - 837:44, 872:22, 908:4

NATURAL [1] - 918:3NATURE [4] -

844:31, 862:14, 910:10, 919:31

NEARLY [1] - 904:22NECESSARILY [8] -

801:36, 802:4, 822:12, 836:9, 836:18, 839:1, 840:24, 891:13

NECESSARY [10] - 803:44, 804:3, 821:4, 826:29, 830:24, 832:33, 843:33, 856:38, 862:35, 873:26

NECK [4] - 881:31, 882:4, 882:9, 882:10

NEED [38] - 800:18, 802:37, 802:38, 803:38, 807:23, 809:45, 812:1, 822:23, 823:3, 824:30, 824:37, 824:38, 826:14, 831:14, 833:4, 834:17, 838:30, 838:32, 838:36, 839:12, 840:15, 840:26, 840:32, 842:28, 846:28, 851:8, 857:20, 860:28, 863:7, 870:13, 872:22, 875:14, 884:34, 889:33, 890:15, 900:4, 911:7

NEEDED [51] - 801:29, 802:33, 803:23, 803:24, 803:29, 803:32, 804:22, 813:46, 817:11, 817:26, 821:7, 821:8, 822:5, 822:7, 822:8, 822:13, 823:11, 831:4, 832:1, 838:24, 838:38, 839:5, 839:33, 839:38, 840:4, 840:5,

Page 140: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

849:7, 849:10, 850:34, 850:43, 851:12, 852:31, 854:30, 854:34, 854:37, 858:28, 858:31, 858:33, 858:42, 859:17, 859:19, 861:6, 867:35, 884:12, 884:13, 884:20, 887:17, 887:19, 915:18

NEEDING [2] - 834:19, 893:2

NEEDS [3] - 816:26, 903:20, 914:47

NEG [1] - 836:25NEG [1] - 836:25NEGATIVE [2] -

901:31, 918:29NEGLIGENCE [1] -

859:21NEGLIGIBLE [1] -

836:25NERVOUS [2] -

910:17, 910:18NEUTRAL [1] - 908:7NEVER [9] - 805:45,

863:26, 883:24, 889:46, 914:10, 917:9, 919:3, 919:7

NEW [4] - 812:10, 857:4, 897:10, 918:1

NEW [11] - 831:34, 867:42, 867:44, 893:3, 893:8, 912:19, 914:19, 914:23, 915:33, 916:44, 916:45

NEXT [14] - 806:23, 817:47, 843:3, 858:15, 862:17, 873:16, 877:11, 888:27, 893:24, 896:34, 897:24, 900:19, 903:19, 903:25

NEXUS [1] - 912:4NICHOLLS [3] -

844:16, 846:38, 847:30

NICHOLS [3] - 835:14, 835:16, 835:18

NIGHT [5] - 805:5, 805:30, 863:37, 920:4, 920:8

NOMINATED [1] - 837:36

NON [2] - 887:12,

888:9NON-

COMPLIANCE [2] - 887:12, 888:9

NONCONFORMANCE [1] - 842:23

NONE [4] - 843:19, 880:13, 906:13, 906:14

NORMAL [1] - 916:20

NOTE [4] - 835:40, 847:26, 883:33, 898:22

NOTEBOOK [1] - 847:26

NOTED [2] - 850:18, 907:19

NOTES [10] - 811:44, 823:24, 847:14, 863:36, 863:45, 893:26, 893:32, 893:35, 899:32, 900:20

NOTICE [27] - 828:14, 828:43, 828:44, 828:47, 829:2, 829:4, 829:23, 829:27, 830:15, 830:24, 852:1, 852:3, 852:29, 855:2, 857:7, 857:41, 858:45, 867:29, 868:46, 869:16, 869:17, 875:2, 889:17, 889:43, 889:44, 896:35, 920:9

NOTICES [16] - 827:26, 828:3, 852:30, 868:6, 868:7, 868:9, 868:18, 868:34, 873:22, 875:3, 887:1, 889:9, 889:32, 890:25, 919:20, 919:21

NOTICES [1] - 828:8NOTICES" [1] -

828:8NOTIFIABLE [1] -

860:19NOTIFICATION [1] -

826:35NOTWITHSTANDIN

G [1] - 846:19NOVEMBER [4] -

812:11, 895:4, 898:16, 909:5

NOVEMBER [1] - 899:44

NSW [1] - 384:17

NUMBER [43] - 804:39, 804:41, 806:18, 806:31, 807:23, 816:10, 828:14, 831:33, 834:34, 836:8, 837:43, 838:5, 844:13, 844:31, 854:26, 855:25, 855:40, 858:31, 858:37, 858:41, 859:24, 860:31, 861:7, 861:14, 861:20, 861:44, 865:14, 869:16, 871:1, 881:41, 882:10, 882:28, 888:41, 901:29, 901:30, 903:44, 910:10, 915:4, 915:6, 915:8, 915:33, 916:13, 918:2

NUMBERED [2] - 883:33, 884:30

NUMBERS [3] - 837:14, 913:13, 913:16

NUMEROUS [3] - 805:2, 853:23, 864:29

NURSES [1] - 919:30

OO'CLOCK [1] -

871:23O'KELL [3] - 916:15,

919:25, 919:36OATH [1] - 800:6OBJECT [5] -

889:35, 893:11, 895:7, 895:10, 899:17

OBJECTIVE [1] - 877:40

OBLIGATION [4] - 817:12, 853:18, 853:20, 853:37

OBLIGATIONS [11] - 807:9, 807:14, 817:21, 817:43, 822:44, 826:17, 826:23, 826:40, 826:43, 827:16, 852:45

OBSERVATION [11] - 803:5, 803:7, 805:38, 809:27, 810:26, 838:40, 839:2, 839:3, 844:22, 853:3, 853:38

OBSERVATIONS [1]

- 844:33OBSERVE [2] -

803:3, 841:5OBSERVED [1] -

844:9OBSERVES [2] -

842:46, 843:5OBVIOUS [3] -

882:29, 882:35, 882:41

OBVIOUSLY [7] - 806:6, 855:38, 862:25, 892:34, 893:34, 910:12, 914:40

OCCASION [6] - 802:28, 828:29, 865:1, 869:37, 882:22, 899:27

OCCASIONS [4] - 860:31, 864:29, 866:22, 919:19

OCCUPANT [1] - 908:31

OCCUPATION [1] - 911:28

OCCUPIED [1] - 840:7

OCCUPIES [1] - 914:17

OCCUR [12] - 814:38, 815:5, 830:14, 840:32, 847:36, 854:38, 870:25, 875:38, 894:8, 901:32, 903:34, 919:20

OCCURRED [15] - 811:16, 815:2, 815:9, 815:12, 830:15, 841:12, 846:30, 847:23, 854:39, 875:34, 894:34, 916:21, 916:22, 920:4, 920:9

OCCURRING [5] - 862:46, 870:6, 895:45, 901:34, 916:47

OCCURS [2] - 861:9, 911:8

OCTOBER [7] - 827:27, 869:6, 899:33, 900:17, 900:32, 916:29, 916:36

OCTOBER [4] - 901:8, 901:9, 901:10, 920:36

OF [4] - 384:5, 828:7,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

18

866:8, 901:8OFF-THE-RECORD

[1] - 918:22OFFERED [2] -

894:2, 896:9OFFICE [1] - 843:35OFFICER [3] -

873:34, 874:11, 874:18

OFFICER [8] - 844:11, 911:38, 911:45, 912:3, 912:22, 912:39, 912:46, 913:5

OFFICERS [3] - 807:23, 808:37, 828:30

OFFICERS [1] - 919:31

OFTEN [5] - 807:36, 887:15, 906:26, 906:35, 920:2

OLD [1] - 832:47OMBUDSMAN [4] -

868:8, 871:5, 874:30, 874:31

OMBUDSMAN'S [2] - 868:3, 868:34

ON-SOLD [1] - 912:33

ONCE [7] - 854:47, 868:23, 903:19, 903:25, 903:30, 913:14, 915:12

ONE [90] - 800:44, 800:47, 803:35, 803:43, 804:25, 804:27, 805:6, 809:12, 809:31, 813:9, 813:45, 816:2, 816:25, 816:41, 816:42, 816:44, 817:26, 818:2, 818:12, 820:25, 821:35, 821:38, 821:40, 824:7, 824:30, 825:1, 826:41, 828:2, 831:33, 832:46, 833:8, 833:25, 834:18, 834:20, 834:41, 838:26, 841:30, 841:36, 843:3, 845:18, 847:31, 849:5, 849:25, 853:17, 853:24, 853:29, 853:46, 858:31, 862:10, 863:15, 865:43, 867:30,

Page 141: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

868:13, 870:12, 870:44, 870:45, 874:17, 875:46, 876:32, 879:36, 879:38, 879:45, 880:4, 880:47, 881:2, 882:27, 882:33, 882:39, 892:14, 901:32, 901:40, 901:41, 901:46, 902:28, 902:32, 902:38, 905:21, 907:27, 909:22, 909:44, 911:45, 912:18, 912:23, 914:11, 914:37, 914:38, 918:27

ONE'S [1] - 824:8ONES [3] - 863:22,

915:33, 920:10ONGOING [12] -

837:36, 848:1, 850:7, 855:13, 860:40, 865:10, 874:4, 879:30, 879:45, 886:37, 900:23, 917:37

ONLINE [1] - 915:9ONSITE [1] - 915:17ONWARDS [5] -

803:4, 863:4, 868:9, 913:27, 914:1

OPEN [1] - 918:20OPERATE [2] -

811:13, 824:34OPERATED [1] -

914:28OPERATING [4] -

824:33, 861:13, 900:27, 904:43

OPERATION [3] - 852:46, 897:40, 909:40

OPERATIONAL [5] - 836:40, 848:11, 912:9, 915:32, 917:8

OPINION [9] - 853:11, 853:12, 876:45, 877:3, 884:21, 888:1, 888:34, 888:35, 919:20

OPPORTUNITIES [1] - 901:30

OPPORTUNITY [6] - 830:7, 830:13, 830:33, 908:21, 908:24, 908:39

OPPOSITE [1] - 824:24

OPTIMAL [1] - 839:1OPTIMISTIC [3] -

815:32, 851:31, 851:33

OPTIONS [1] - 879:41

ORDER [6] - 817:7, 869:39, 870:22, 876:4, 903:33, 906:5

ORDERS [1] - 841:28

ORDINARY [3] - 801:18, 867:39, 874:44

ORGANISATION [38] - 802:37, 804:17, 821:43, 821:47, 823:37, 824:13, 826:1, 827:15, 830:21, 831:39, 832:45, 833:2, 841:32, 849:25, 849:26, 849:28, 849:31, 850:44, 851:41, 851:45, 853:9, 854:28, 868:17, 873:4, 879:31, 879:46, 883:11, 886:24, 886:26, 904:36, 906:45, 907:1, 910:17, 911:46, 912:6, 912:27, 915:3, 916:21

ORGANISATION'S

[5] - 843:38, 843:42, 863:23, 888:2, 906:46

ORGANISATIONAL

[4] - 800:41, 824:37, 860:40, 914:12

ORGANISATIONALLY [1] - 823:30

ORGANISATIONS

[1] - 852:30ORGANISED [1] -

866:12ORIENT [2] - 841:43,

875:24ORIGIN [1] - 810:36ORIGINALLY [1] -

907:38OTHERWISE [3] -

805:22, 852:44, 908:8OURSELVES [2] -

812:30, 817:8OUTCOME [5] -

819:29, 834:16, 837:4, 847:5, 847:20

OUTCOMES [2] - 886:40, 886:42

OUTCOMES [3] - 811:25, 814:41, 816:3

OUTDOOR [1] - 917:8

OUTLINING [1] - 887:5

OUTSET [1] - 907:24OVERALL [2] -

823:40, 850:35OVERCOME [3] -

825:32, 825:37, 832:19

OVERCOMING [1] - 862:26

OVERDUE [1] - 833:16

OVERLAPPING [2] - 901:30, 901:35

OVERLY [1] - 851:33OVERSIGHT [3] -

832:10, 874:4, 874:5OVERTAKEN [1] -

818:26OWN [12] - 803:7,

804:8, 815:25, 821:10, 821:18, 823:39, 824:29, 832:20, 856:3, 856:17, 866:33, 902:24

OWNED [2] - 805:16, 875:30

OWNS [1] - 818:21

PP.1 [2] - 828:2,

837:17P.1001 [3] - 817:47,

820:24, 820:37P.1004 [1] - 822:17P.1010 [1] - 825:25P.1016 [1] - 826:4P.1471 [2] - 831:8,

835:30P.1477 [1] - 833:11P.1491 [2] - 836:28,

836:33P.1494 [1] - 833:28P.1879 [1] - 875:14P.2107A [1] - 877:13P.2232 [1] - 883:29P.2233 [1] - 884:29P.224 [2] - 814:5,

816:7P.225 [2] - 814:21,

816:18P.248 [3] - 818:3,

818:45, 819:8P.249 [2] - 819:6,

819:42P.3 [2] - 828:11,

897:4P.41 [1] - 806:11P.96 [2] - 806:1,

811:43PACE [3] - 808:43,

810:11, 852:32PACKET [1] - 902:32PAGE [69] - 812:7,

814:21, 821:14, 826:6, 828:10, 831:16, 833:3, 833:20, 836:21, 837:14, 839:32, 841:39, 842:20, 843:5, 843:11, 844:35, 844:37, 844:44, 845:3, 845:4, 845:24, 845:29, 845:31, 847:38, 848:3, 849:33, 858:15, 859:28, 860:13, 863:29, 863:40, 863:43, 865:17, 865:20, 865:28, 866:38, 875:25, 875:29, 876:15, 876:35, 880:22, 883:45, 891:4, 891:44, 892:6, 893:30, 893:33, 897:6, 897:9, 897:28, 897:32, 902:12, 902:37, 902:43, 903:25, 903:41, 903:42, 903:46, 904:13, 904:19, 904:23, 913:14, 913:15, 913:20, 913:34, 916:15

PAGE [1] - 828:8PAGES [4] - 844:36,

854:36, 863:43, 902:38

PAID [1] - 861:36PAPER [1] - 898:11PAPERS [1] - 843:37PARAGRAPH [18] -

806:14, 806:23, 819:9, 820:29, 823:23, 845:14, 845:34, 848:1, 856:14, 857:2, 884:30, 884:36, 891:45, 893:6, 893:22, 897:44, 898:18, 904:24

PARAGRAPHS [4] - 883:33, 884:46,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

19

885:9, 893:22PARDON [13] -

802:24, 808:39, 811:14, 819:43, 822:27, 850:28, 878:6, 886:13, 897:30, 897:39, 904:1, 909:12, 909:39

PARK [2] - 876:17, 876:21

PARKE [1] - 384:17PARSONS [1] -

914:14PART [1] - 918:38PART [49] - 805:44,

809:5, 809:8, 809:27, 810:43, 811:20, 813:7, 818:12, 819:1, 820:45, 824:42, 824:43, 825:32, 826:16, 826:30, 827:3, 832:4, 832:19, 832:37, 833:15, 834:2, 849:30, 858:28, 859:47, 860:22, 860:47, 861:28, 862:25, 863:17, 863:18, 867:38, 872:4, 873:20, 876:1, 883:21, 888:45, 892:34, 897:9, 905:18, 906:16, 910:25, 910:26, 910:28, 914:17, 915:21, 915:42, 916:20, 916:42

PARTICIPATION [1] - 848:10

PARTICULAR [57] - 801:11, 801:38, 805:1, 805:31, 807:44, 808:27, 813:44, 814:33, 818:15, 822:43, 824:12, 824:39, 825:21, 826:43, 829:28, 829:43, 832:28, 835:7, 836:3, 838:15, 841:21, 843:31, 850:38, 853:20, 854:16, 855:3, 855:21, 858:7, 860:28, 861:40, 862:38, 862:41, 863:2, 867:38, 873:41, 874:33, 874:38, 875:46, 877:34, 878:34, 878:35, 879:7,

Page 142: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

880:10, 883:18, 887:35, 887:37, 891:35, 897:4, 904:41, 904:46, 906:40, 909:33, 912:19, 914:15, 916:43, 918:11, 919:11

PARTICULARLY [8] - 841:23, 841:24, 863:22, 865:41, 887:13, 889:7, 904:42, 906:13

PARTIES [2] - 805:19, 872:36

PARTLY [4] - 811:20, 866:1, 905:8, 906:2

PARTNERSHIP [4] - 868:26, 868:27, 868:34, 870:45

PARTS [2] - 841:31, 846:7

PARTY [4] - 821:8, 858:32, 858:38, 892:16

PASS [1] - 908:19PASSAGE [1] -

825:25PASSED [3] - 871:5,

878:15, 878:41PASSING [3] -

811:25, 872:35, 920:11

PASSIONATE [3] - 839:4, 844:26, 844:27

PAST [2] - 885:37, 888:24

PATENTLY [4] - 872:36, 887:23, 887:28, 887:30

PATH [1] - 919:15PAY [1] - 892:22PCBU [1] - 918:18PCG [1] - 906:35PCT [3] - 835:45,

836:5, 836:10PDF [2] - 854:33,

854:34PENDING [1] -

908:40PEOPLE [3] -

886:18, 886:19, 886:23

PEOPLE [79] - 800:30, 801:15, 801:17, 801:18, 802:37, 802:38, 802:47, 803:8, 803:13, 804:39, 804:41, 811:26,

811:30, 811:32, 811:37, 812:29, 813:42, 825:18, 825:21, 831:42, 832:14, 832:15, 836:10, 839:3, 840:3, 840:20, 840:33, 840:46, 840:47, 843:47, 853:6, 855:25, 855:40, 856:28, 858:34, 859:22, 862:3, 862:8, 862:34, 863:8, 863:26, 866:16, 866:28, 866:31, 867:17, 867:21, 872:22, 872:31, 872:43, 874:7, 879:26, 880:6, 881:13, 883:21, 884:5, 884:8, 886:12, 886:13, 890:8, 891:30, 894:30, 902:15, 902:20, 904:42, 905:35, 907:27, 907:28, 907:30, 909:43, 910:11, 910:15, 916:13, 917:24, 918:2, 919:5

PEOPLE'S [2] - 873:15, 873:25

PER [1] - 820:13PERCENT [2] -

855:10, 913:1PERFECT [3] -

901:28, 901:40, 906:15

PERFORMING [1] - 874:13

PERFORMS [1] - 906:34

PERHAPS [9] - 808:41, 809:28, 836:32, 848:43, 849:41, 873:21, 902:20, 905:11, 906:8

PERIOD [29] - 800:25, 800:33, 801:9, 816:24, 826:21, 841:7, 841:17, 841:34, 852:32, 855:9, 857:12, 864:39, 866:14, 869:38, 869:41, 873:11, 874:6, 894:1, 894:39, 904:45, 905:29, 907:34, 907:39, 913:29, 913:30,

913:31, 914:29, 920:7, 920:25

PERIODS [1] - 800:29

PERIPHERALLY [1] - 812:37

PERMANENT [1] - 908:40

PERMANENTLY [1] - 908:29

PERSON [12] - 829:1, 839:11, 842:15, 842:17, 843:31, 856:37, 877:30, 888:14, 899:10, 909:44, 912:45, 916:18

PERSON'S [1] - 827:7

PERSONAL [7] - 817:41, 864:37, 864:38, 866:12, 894:1, 894:31, 898:22

PERSONALITY [2] - 811:20, 811:21

PERSONALLY [5] - 845:8, 864:25, 868:11, 877:38, 919:38

PERSONNEL [2] - 910:4, 917:20

PERSPECTIVE [4] - 854:25, 870:43, 905:17, 914:27

PERSUASIVE [1] - 821:9

PERTAINING [1] - 909:40

PHASE [1] - 804:29PHONE [2] - 869:29,

869:47PICKED [1] - 909:35PICKING [2] - 819:5,

915:42PICTURE [3] -

852:27, 853:9, 889:26PIECE [8] - 804:18,

813:23, 814:47, 831:3, 888:2, 898:11, 906:34, 917:35

PIECES [1] - 862:10PILE [1] - 876:25PLACE [16] - 803:3,

807:2, 810:40, 815:28, 817:16, 817:32, 830:8, 844:1, 850:17, 850:34, 860:5, 870:20, 881:5, 904:15, 906:17, 912:9

PLACED [5] - 834:3,

841:33, 876:47, 879:12, 914:13

PLACEMENTS [1] - 854:38

PLACES [3] - 802:9, 815:25, 829:9

PLACING [1] - 840:20

PLAIN [2] - 853:26PLAN [14] - 814:36,

814:38, 816:19, 828:37, 829:28, 829:30, 829:37, 829:45, 871:44, 875:26, 886:45, 889:33, 895:37, 896:36

PLAN [59] - 812:23, 813:4, 813:14, 813:26, 813:47, 815:38, 815:41, 816:38, 817:6, 818:15, 830:46, 838:27, 840:10, 842:1, 842:5, 843:5, 843:14, 847:44, 848:23, 849:2, 849:25, 849:29, 854:27, 855:2, 855:4, 855:5, 857:42, 858:12, 858:33, 858:37, 861:1, 861:7, 862:5, 862:7, 863:18, 868:47, 869:19, 875:39, 875:41, 876:1, 900:27, 900:32, 900:43, 900:45, 902:17, 903:32, 906:6, 906:12, 912:24, 915:23, 915:29, 916:1, 916:4, 916:6, 916:28, 916:33, 916:34, 918:4

PLAN" [1] - 843:10PLANE [1] - 902:8PLANNING [1] -

877:38PLANS [3] - 808:18,

808:20, 817:27PLANS [9] - 808:22,

808:28, 838:23, 850:26, 850:30, 851:46, 857:20, 859:6

PLANS/METHODS

[1] - 850:19PLAY [2] - 874:8,

898:40PLAYED [2] -

868:18, 884:6

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20

PLUS [3] - 911:35, 912:35, 914:39

PM [7] - 871:29, 899:44, 901:9, 901:11, 901:15, 911:20, 920:36

POINT [30] - 810:6, 810:7, 816:18, 819:6, 820:16, 820:29, 826:41, 844:5, 858:7, 860:34, 861:30, 862:17, 866:25, 881:38, 884:45, 885:37, 887:9, 888:29, 895:8, 897:4, 897:6, 897:20, 898:16, 900:22, 900:23, 900:24, 900:45, 902:14, 903:40, 904:23

POINTS [7] - 806:15, 814:1, 820:1, 820:30, 861:7, 864:9, 900:21

POLICIES [19] - 805:40, 807:1, 808:27, 819:18, 822:37, 831:34, 831:38, 832:16, 832:46, 833:4, 833:15, 834:18, 835:45, 836:9, 850:38, 851:46, 859:6, 906:16, 912:6

POLICY [4] - 831:22, 831:25, 832:29, 832:37

POLICY [92] - 801:5, 801:6, 801:10, 801:22, 801:27, 801:40, 801:46, 802:28, 812:10, 812:21, 812:23, 813:2, 813:4, 813:14, 813:26, 813:37, 813:47, 814:8, 814:10, 814:42, 815:23, 815:25, 815:31, 815:33, 815:38, 815:44, 818:14, 818:16, 818:25, 818:27, 818:29, 819:10, 820:31, 822:43, 824:45, 825:29, 826:33, 830:45, 830:46, 831:36, 831:37, 831:40, 831:42, 831:43, 831:46, 831:47, 832:1, 832:2, 832:5,

Page 143: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

832:7, 832:10, 832:12, 832:15, 832:25, 832:38, 832:45, 832:47, 833:2, 833:3, 833:11, 833:17, 833:20, 833:32, 833:35, 833:36, 833:41, 834:4, 835:4, 835:19, 836:4, 836:24, 842:1, 842:45, 842:47, 848:26, 848:27, 848:34, 849:13, 849:14, 849:15, 854:28, 875:45, 876:5, 900:26, 902:17, 902:29, 904:34, 905:1, 906:11, 916:2

POLITICAL [1] - 836:40

POOR [1] - 806:37POP [1] - 902:11POPULATING [3] -

848:2, 848:8, 848:42POSED [1] - 820:20POSES [1] - 824:12POSITION [19] -

800:25, 800:34, 801:10, 801:27, 812:31, 819:22, 822:43, 831:47, 832:2, 833:36, 835:47, 844:32, 847:43, 854:11, 859:11, 865:10, 906:1, 912:4, 917:9

POSSESS [1] - 801:46

POSSIBLE [5] - 815:16, 878:39, 878:42, 882:25, 895:15

POSSIBLY [1] - 824:32

PR [1] - 836:40PRACTICAL [1] -

909:42PRACTICE [13] -

801:36, 802:3, 802:7, 802:20, 802:33, 803:6, 819:39, 823:37, 823:45, 861:9, 867:12, 867:13, 906:27

PRACTICES [5] - 802:7, 851:10, 893:3, 893:8, 915:39

PRECISE [1] - 812:31

PRECISELY [1] - 839:3

PREDATES [2] - 812:14, 814:14

PREDICATED [1] - 831:5

PREMISE [1] - 913:47

PREPARATION [1] - 832:5

PREPARATIONS [1] - 912:47

PREPARED [5] - 829:37, 831:2, 842:24, 854:9, 890:36

PREPARING [1] - 815:31

PRESCHOOL [2] - 874:24, 874:25

PRESCHOOL [1] - 869:30

PRESENCE [1] - 880:6

PRESENT [7] - 841:44, 843:6, 843:24, 850:11, 875:24, 913:9, 914:8

PRESENTATION [1] - 917:6

PRESENTER [1] - 917:33

PRESSING [1] - 816:26

PRESSURE [1] - 894:12

PRESSURING [1] - 856:32

PRESUMABLY [3] - 830:14, 838:2, 895:5

PRETTY [4] - 894:45, 913:1, 914:9, 920:16

PREVAILING [2] - 802:6, 802:7

PREVALENT [1] - 852:4

PREVENT [1] - 901:34

PREVIOUS [10] - 804:42, 813:43, 843:21, 851:5, 852:32, 889:32, 916:16, 918:31, 919:29, 920:9

PREVIOUSLY [5] - 813:42, 826:34, 875:40, 892:45, 915:38

PRIMARILY [2] - 834:6, 891:32

PRINCIPAL [5] -

805:4, 912:7, 912:23, 917:47, 918:8

PRINCIPALLY [5] - 804:39, 846:32, 888:42, 912:22, 919:25

PRINCIPLE [1] - 901:32

PRINCIPLES [1] - 901:32

PRIORITISE [2] - 834:43, 834:47

PRIORITISING [1] - 868:16

PRIORITY [19] - 817:5, 817:8, 817:11, 817:23, 817:24, 817:28, 817:29, 818:19, 818:32, 833:24, 834:17, 834:18, 834:20, 834:34, 834:41, 835:23, 837:4, 854:40, 858:43

PRISON [1] - 919:31PRO [3] - 812:21,

831:35, 831:46PROACTIVELY [1] -

860:23PROBABILITY [1] -

901:42PROBLEM [6] -

855:34, 885:34, 885:36, 902:33, 908:9

PROBLEMS [2] - 825:29, 904:12

PROBLEMS/ISSUES [2] - 845:4, 845:32

PROCEDURE [5] - 826:33, 831:37, 861:6, 903:43, 903:46

PROCEDURE/DOCUMENT [1] - 848:11

PROCEDURES [17] - 801:34, 807:5, 820:2, 823:40, 826:15, 848:9, 861:5, 861:7, 861:14, 862:5, 900:28, 904:11, 904:27, 904:36, 906:17, 912:6, 915:32

PROCEED [2] - 811:41, 891:28

PROCEEDING [1] - 821:19

PROCESS [22] - 801:5, 802:15, 802:42, 804:2, 804:6,

819:6, 819:17, 820:33, 825:14, 832:41, 832:44, 833:15, 835:8, 839:1, 842:41, 844:7, 861:8, 871:38, 872:6, 872:26, 877:7

PROCESSES [3] - 851:7, 857:20, 871:41

PRODUCE [3] - 833:3, 855:2, 900:38

PRODUCED [4] - 804:25, 807:39, 847:7, 859:25

PROFESSION [1] - 906:23

PROFESSIONAL [2] - 911:35, 919:5

PROFOUND [1] - 910:18

PROGRAM [8] - 892:15, 892:41, 897:40, 903:43, 903:46, 905:18, 915:36, 917:6

PROGRESS [2] - 826:44, 847:9

PROGRESSED [1] - 863:17

PROGRESSING [2] - 898:1, 920:12

PROGRESSIVE [3] - 841:20, 891:1, 905:40

PROGRESSIVELY

[2] - 826:24, 826:27PROHIBITION [2] -

869:39, 870:22PROJECT [32] -

820:45, 820:46, 821:10, 822:6, 825:1, 825:11, 825:12, 825:33, 827:4, 853:32, 854:16, 860:41, 867:5, 872:6, 872:13, 873:14, 887:16, 887:17, 906:24, 906:26, 906:30, 906:40, 906:42, 906:46, 907:2, 907:13, 907:15, 907:17, 908:3

PROLONGED [1] - 907:26

PROMINENCE [1] - 841:13

PROMOTION [1] - 908:24

PROMPTED [3] - 829:46, 830:36, 867:47

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21

PROMPTLY [1] - 876:5

PRONGED [1] - 915:21

PROPER [7] - 802:5, 802:28, 826:28, 827:15, 839:15, 853:28, 854:39

PROPERLY [11] - 801:33, 802:20, 802:33, 803:1, 816:25, 824:30, 846:29, 849:11, 884:44, 885:35, 903:30

PROPERTIES [1] - 805:16

PROPOSED [4] - 814:27, 815:30, 839:14, 839:40

PROPOSING [2] - 838:19, 838:28

PROPOSITION [2] - 882:39, 906:1

PROPOSITIONS [2] - 878:21, 880:32

PROTECTED [1] - 844:5

PROTECTING [1] - 890:10

PROTOCOLS [4] - 850:18, 850:26, 850:30, 851:25

PROTRACTED [1] - 867:27

PROVIDE [7] - 831:33, 863:8, 865:13, 901:31, 916:19, 917:34, 918:42

PROVIDED [5] - 830:7, 897:33, 917:30, 917:31, 918:44

PROVIDER [2] - 810:38, 825:26

PROVIDING [2] - 863:32, 920:7

PROVISION [1] - 828:22

PRUDENT [1] - 846:15

PRÉCIS [1] - 901:25PUBLIC [8] - 806:36,

838:39, 840:4, 846:20, 865:33, 889:47, 914:42, 915:7

PUBLISHED [1] - 892:25

PURCHASE [1] -

Page 144: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

825:26PURCHASER [1] -

810:38PURE [2] - 858:46,

859:2PURPOSE [3] -

831:32, 831:33, 832:15

PURPOSES [1] - 888:42

PURSUED [1] - 849:14

PUT [26] - 807:24, 815:28, 817:32, 832:1, 838:35, 840:6, 858:37, 863:14, 874:17, 877:11, 878:21, 880:34, 882:39, 885:26, 888:30, 888:31, 890:14, 895:4, 905:47, 907:16, 907:42, 908:4, 912:18, 916:17, 917:4

PUTTING [2] - 815:33, 817:42

QQA [1] - 832:31QUALIFICATION [1]

- 820:13QUALIFIED [8] -

804:8, 887:33, 887:34, 887:45, 888:1, 888:3, 888:15, 888:34

QUALITIES [1] - 905:9

QUALITY [4] - 823:27, 854:4, 905:39, 917:34

QUARTERS [1] - 906:11

QUERY [4] - 877:27, 877:33, 883:17, 883:18

QUESTIONS [26] - 801:15, 801:16, 805:4, 817:40, 818:8, 825:27, 834:37, 864:16, 864:33, 864:34, 865:41, 868:1, 870:5, 870:12, 870:16, 871:33, 874:21, 883:20, 885:28, 885:44, 886:4, 890:2, 890:7, 890:9, 891:33, 910:37

QUESTIONS" [1] -

870:13QUICK [1] - 903:41QUICKLY [1] - 851:8QUITE [18] - 816:25,

832:42, 838:4, 838:38, 846:11, 864:9, 871:42, 877:3, 884:23, 903:18, 905:43, 906:43, 909:4, 915:31, 917:22, 917:23, 919:2, 920:24

RRADIO [3] - 866:33,

894:42, 910:6RAISE [2] - 877:39,

887:46RAISED [11] -

805:43, 813:9, 838:16, 844:4, 866:12, 884:4, 884:6, 885:7, 885:29, 887:44, 898:18

RAISES [1] - 865:29RAISING [5] -

867:46, 877:33, 883:17, 883:24, 899:24

RAMIFICATIONS [1] - 895:38

RAMPED [1] - 841:27

RAN [1] - 915:6RANDOMLY [1] -

909:35RANGE [4] - 815:17,

822:35, 850:18, 851:25

RANGERS [1] - 917:18

RANKING [1] - 833:7RATHER [4] -

849:28, 872:19, 879:26, 900:10

REACHED [1] - 869:17

REACT [1] - 908:9READ [21] - 812:29,

814:17, 815:45, 818:8, 818:11, 818:45, 826:9, 828:21, 842:28, 845:14, 864:7, 877:17, 879:21, 884:33, 884:34, 885:19, 891:45, 897:3, 903:18, 903:29, 903:30

READING [2] - 845:17, 892:10

READY [3] - 800:1, 839:24, 911:17

REAL [3] - 826:31, 848:40, 854:27

REALISTIC [1] - 913:40

REALITY [3] - 825:9, 827:12, 867:42

REALLY [11] - 815:36, 816:36, 817:42, 823:11, 840:1, 841:26, 850:14, 854:34, 870:35, 895:1, 895:14

REAR [1] - 870:28REASON [3] -

810:13, 862:44, 868:35

REASONABLY [1] - 904:10

REASONS [15] - 806:31, 806:35, 813:29, 815:8, 821:25, 838:39, 838:40, 840:19, 841:30, 856:3, 856:17, 879:45, 882:29, 905:8, 907:29

REBADGED [1] - 914:19

RECALLED [1] - 871:29

RECEIVE [1] - 917:27

RECEIVED [7] - 826:35, 877:2, 884:3, 884:10, 915:4, 915:12, 916:23

RECEIVING [3] - 876:30, 915:2, 917:21

RECENT [1] - 868:3RECKONING [1] -

838:24RECOGNISE [3] -

902:20, 903:8, 913:24RECOGNISED [4] -

901:21, 907:4, 907:8, 917:35

RECOLLECTION

[14] - 804:19, 837:44, 842:2, 842:30, 850:13, 852:24, 864:12, 865:38, 871:17, 878:45, 880:47, 881:2, 884:20, 907:47

RECOMMENDATION [4] - 903:2, 903:19,

903:25, 906:4RECOMMENDATIO

NS [6] - 822:35, 879:40, 879:41, 902:40, 902:44, 902:47

RECOMMENDED [3] - 867:29, 867:30, 903:3

RECORD [8] - 822:9, 846:27, 861:30, 863:14, 863:15, 869:32, 896:40, 918:22

RECORDED [6] - 841:44, 850:10, 859:38, 875:24, 898:46, 920:27

RECORDS [2] - 898:19, 898:22

RECRUITMENT [1] - 908:40

REDRAFTING [1] - 833:5

REDUCE [2] - 881:47, 883:10

REDUCED [1] - 904:40

REDUCING [1] - 883:5

REDUNDANCIES [1] - 901:37

REDUNDANCY [1] - 901:38

REFER [6] - 809:11, 812:1, 847:14, 860:37, 863:36, 888:39

REFERENCE [3] - 825:25, 840:9, 889:2

REFERENCED [1] - 848:12

REFERENCES [1] - 904:13

REFERRED [15] - 804:40, 807:36, 839:31, 842:36, 850:37, 850:47, 874:22, 874:41, 884:41, 901:28, 906:35, 910:4, 910:18, 912:29, 915:42

REFERRING [13] - 807:39, 823:35, 823:36, 839:31, 845:46, 856:21, 857:26, 873:28, 874:33, 884:43, 898:44, 915:46,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

22

916:34REFERS [1] - 867:4REFLECT [5] -

802:33, 802:35, 823:45, 826:32, 885:6

REFLECTED [4] - 801:36, 811:14, 817:6, 832:16

REFLECTING [1] - 854:11

REFLECTION [1] - 819:22

REFLECTS [1] - 849:25

REFORM [6] - 804:2, 810:40, 825:1, 871:43, 873:17, 888:42

REFORMED [1] - 803:23

REFORMS [1] - 803:44

REFRESH [2] - 842:28, 846:36

REFUSED [2] - 907:20, 907:35

REGARD [4] - 806:7, 863:19, 887:13, 918:26

REGARDED [1] - 834:6

REGARDING [7] - 800:41, 808:22, 847:43, 879:33, 889:32, 897:39, 898:17

REGISTER [10] - 802:9, 807:37, 813:47, 843:3, 843:6, 854:31, 884:33, 884:41, 884:47, 903:20

REGISTERS [19] - 807:27, 807:34, 807:43, 807:44, 807:47, 808:3, 808:28, 808:32, 808:33, 808:35, 808:46, 809:18, 815:29, 815:34, 817:13, 817:27, 831:2, 838:32, 859:6

REGISTRY [1] - 840:34

REGULAR [2] - 808:28, 808:30

REGULARLY [4] - 857:34, 863:13, 864:5, 864:6

REGULATION [1] -

Page 145: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

880:15REGULATIONS [1] -

879:18REGULATOR [3] -

870:45, 919:13REGULATORS [1] -

918:1REHASH [1] - 890:12RELATE [1] - 806:19RELATED [11] -

801:4, 801:28, 801:40, 801:47, 803:9, 804:44, 838:1, 910:6, 917:16, 917:25

RELATING [1] - 850:17

RELATION [16] - 801:11, 803:39, 824:9, 831:34, 840:39, 841:6, 841:33, 847:22, 851:24, 857:41, 861:40, 862:33, 871:47, 880:37, 881:3, 898:2

RELATIONSHIP [13] - 858:1, 860:22, 868:11, 868:24, 868:39, 869:43, 870:35, 870:44, 871:8, 918:15, 918:27, 919:1, 919:26

RELATIVELY [2] - 896:9, 907:4

RELEASE [1] - 819:10

RELEVANT [2] - 811:26, 909:43

RELIABLE [1] - 853:21

RELUCTANT [2] - 803:31, 872:11

RELUCTANTLY [1] - 809:29

REMEDIATION [3] - 814:3, 833:4, 900:23

REMEDIED [1] - 899:28

REMEDY [1] - 831:41REMEMBER [24] -

812:19, 812:23, 812:25, 815:11, 817:17, 819:18, 828:29, 832:41, 833:8, 843:41, 852:23, 854:15, 858:8, 858:22, 858:26, 864:1, 869:28, 876:21, 876:27, 876:30,

877:21, 879:10, 881:38

REMIND [1] - 812:30REMIT [1] - 856:34REMOVAL [1] -

904:14REMOVE [2] - 862:3,

878:8REMOVING [1] -

881:17REPEAT [4] -

850:28, 880:2, 888:7, 897:30

REPHRASE [1] - 820:16

REPORT [1] - 858:18REPORT [36] -

804:25, 807:35, 817:1, 817:2, 823:8, 825:10, 836:5, 842:23, 843:27, 843:29, 847:6, 858:22, 858:27, 861:34, 861:35, 868:3, 870:20, 876:17, 876:30, 876:32, 880:20, 880:24, 880:28, 888:8, 888:21, 888:34, 888:40, 888:41, 892:18, 892:20, 892:21, 892:22, 902:39, 915:8, 915:12

REPORTED [4] - 853:22, 886:19, 905:21, 905:28

REPORTING [3] - 860:18, 861:30, 915:4

REPORTS [11] - 805:19, 806:3, 807:39, 821:40, 853:46, 862:17, 879:42, 896:14, 899:8, 899:11, 915:2

REPRESENT [1] - 909:44

REPRESENTATIVE

[1] - 919:35REPRESENTATIVE

S [7] - 874:23, 909:31, 916:11, 918:16, 919:1, 919:27, 919:40

REPRESENTING [3] - 886:3, 890:8, 909:22

REPRESENTS [1] - 906:45

REPUTATION [1] - 836:40

REQUEST [2] -

877:44, 900:20REQUESTED [3] -

854:21, 855:24, 855:36

REQUESTS [5] - 853:41, 853:42, 873:22, 918:43, 918:45

REQUIRE [1] - 848:39

REQUIRED [13] - 800:39, 803:26, 803:27, 803:43, 880:15, 881:14, 881:23, 883:25, 889:3, 912:7, 915:31, 918:42, 919:43

REQUIREMENT [8] - 807:47, 808:2, 808:8, 808:19, 893:7, 896:35, 915:17, 916:7

REQUIREMENTS [5] - 801:20, 826:5, 879:9, 887:22, 902:39

REQUIRES [2] - 848:9, 893:16

REQUIRING [1] - 857:41

RESENTED [1] - 811:10

RESENTMENT [3] - 811:3, 811:6, 811:19

RESIDENTS [2] - 820:7, 904:30

RESISTANCE [8] - 821:18, 821:22, 821:47, 822:1, 822:12, 822:15, 822:19, 822:21

RESOLUTION [2] - 894:26, 896:1

RESOLVE [3] - 860:27, 884:13, 918:21

RESOURCED [1] - 839:39

RESOURCES [3] - 816:25, 867:24, 887:18

RESOURCING [7] - 836:10, 841:20, 841:26, 873:18, 891:2, 891:9, 913:43

RESPECT [6] - 822:43, 852:45, 869:18, 890:40, 904:11, 912:15

RESPECTFULLY [1] - 856:18

RESPECTS [1] -

819:7RESPOND [1] -

828:43RESPONDED [1] -

865:42RESPONDER [1] -

914:32RESPONDING [5] -

843:33, 873:22, 884:4, 884:5, 914:28

RESPONSE [14] - 815:18, 829:23, 854:43, 854:45, 861:5, 872:32, 877:2, 882:38, 891:2, 905:41, 912:25, 913:24, 914:13, 914:28

RESPONSE [1] - 901:10

RESPONSIBILITY

[27] - 801:16, 803:13, 808:41, 808:45, 809:2, 809:11, 809:17, 809:36, 809:38, 809:41, 809:42, 813:4, 823:38, 824:44, 832:5, 832:8, 832:25, 832:29, 834:13, 834:31, 834:42, 834:46, 835:4, 836:14, 836:15, 886:22, 886:24

RESPONSIBLE [11] - 800:34, 801:39, 803:9, 808:34, 808:37, 808:43, 809:35, 836:4, 837:18, 858:25, 884:5

REST [1] - 855:14RESTRICTED [1] -

811:13RESTRUCTURE [1] -

914:12RESULT [2] -

811:18, 811:24RESULTED [2] -

816:44, 919:7RESULTS [4] -

842:44, 860:39, 876:17, 876:46

RETIRED [1] - 909:36

RETURN [1] - 841:39REVEAL [1] - 887:19REVEALED [1] -

805:15REVEALING [1] -

871:8

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REVIEW [11] - 801:22, 814:43, 819:10, 820:41, 829:46, 832:30, 833:16, 916:18, 916:27, 916:32, 919:20

REVIEWED [2] - 915:40, 916:39

REVIEWS [1] - 919:15

REVISED [2] - 826:37, 868:47

REVISION [1] - 916:28

REVISIONS [2] - 851:11, 916:34

RHETT [3] - 907:27, 907:32, 907:35

RICHARD [1] - 384:30

RID [1] - 881:11RIDICULED [1] -

866:32RIGHT-HAND [5] -

828:15, 837:14, 913:13, 913:16, 913:34

RIGHTLY [1] - 872:5RIGOUR [1] - 896:46RING [4] - 914:44,

915:8, 915:10RISE [1] - 912:24RISK [45] - 800:26,

800:33, 800:34, 801:44, 801:47, 806:19, 806:28, 806:31, 806:39, 806:42, 806:45, 809:37, 809:39, 819:12, 820:5, 820:17, 820:20, 824:12, 824:33, 834:16, 834:41, 837:3, 840:2, 859:2, 863:21, 863:23, 865:14, 886:33, 887:3, 887:5, 887:10, 887:40, 898:42, 899:9, 899:11, 899:25, 901:23, 901:33, 903:1, 903:3, 904:28, 909:11, 909:14, 909:34, 909:44

RISK [12] - 814:43, 814:44, 815:1, 816:12, 875:30, 875:44, 876:6, 886:9, 886:17, 896:25,

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897:24, 897:27RISK [2] - 866:8,

899:40RISKS [9] - 800:41,

800:42, 800:47, 805:4, 805:30, 806:18, 824:8, 854:41, 858:39

ROBERT [6] - 853:26, 854:21, 881:3, 882:14, 907:15, 907:24

ROLE [28] - 801:9, 818:28, 840:29, 844:30, 844:31, 868:18, 874:4, 874:5, 874:8, 874:13, 884:6, 886:8, 886:17, 906:34, 908:31, 911:45, 912:3, 912:4, 912:12, 912:14, 912:21, 913:1, 913:5, 914:17, 918:3, 918:43, 919:24

ROLLING [4] - 861:47, 862:1, 862:2, 862:4

ROSEMARY [1] - 920:24

ROSEMARY [1] - 899:43

ROW [1] - 826:10RUNNING [1] -

912:26RURAL [1] - 918:31RYAN [4] - 885:43,

886:3, 889:46, 896:2RYAN [51] - 840:9,

847:29, 885:46, 886:1, 886:42, 887:9, 887:28, 888:21, 888:33, 888:39, 890:18, 890:24, 890:31, 890:40, 890:46, 891:19, 891:25, 891:35, 891:40, 892:2, 892:6, 892:12, 892:29, 892:33, 892:39, 893:24, 894:5, 894:16, 894:23, 894:34, 894:41, 895:12, 895:19, 895:23, 895:29, 895:34, 895:44, 896:4, 896:24, 896:31, 897:19, 897:44, 898:30, 898:34, 898:38, 899:3, 899:7, 899:19,

899:23, 899:46, 900:16

SSAFE [1] - 870:21SAFETY [8] - 822:38,

822:44, 873:33, 874:11, 874:18, 887:23, 887:29, 887:45

SAFETY [108] - 800:44, 800:47, 801:11, 801:16, 801:19, 801:20, 801:28, 801:40, 801:47, 802:24, 803:6, 803:9, 803:14, 803:23, 803:29, 803:31, 803:35, 803:40, 804:8, 804:31, 809:1, 809:9, 809:12, 809:36, 809:38, 809:42, 811:26, 811:27, 812:31, 813:22, 820:40, 820:45, 822:36, 823:20, 823:26, 823:37, 824:5, 824:13, 824:19, 824:21, 824:29, 824:31, 824:38, 824:44, 825:11, 825:29, 825:32, 826:23, 826:30, 827:3, 827:5, 827:6, 827:20, 827:23, 829:10, 838:39, 853:25, 853:27, 853:28, 853:31, 853:39, 858:46, 859:44, 861:26, 871:43, 872:6, 873:16, 873:17, 873:19, 873:24, 874:9, 875:45, 876:1, 876:2, 887:12, 887:16, 887:21, 887:31, 887:36, 889:3, 891:44, 892:40, 893:3, 895:36, 901:21, 903:46, 910:24, 911:33, 911:34, 911:38, 911:45, 912:3, 912:8, 912:15, 912:21, 912:39, 912:46, 913:4, 916:2, 916:8, 916:9, 916:10, 916:12, 916:19,

916:37SAFETY'S [2] -

823:38, 824:7SAFEWORK [56] -

816:32, 827:26, 827:31, 827:34, 827:43, 828:3, 829:2, 829:43, 830:16, 847:22, 850:18, 850:26, 850:30, 851:28, 852:29, 852:30, 854:47, 855:1, 855:14, 855:21, 857:4, 857:11, 858:45, 859:4, 860:14, 860:18, 860:28, 868:6, 868:9, 868:13, 868:17, 868:25, 868:46, 869:16, 869:33, 874:1, 874:23, 874:38, 881:40, 881:42, 888:19, 890:29, 897:10, 900:35, 915:40, 916:14, 917:38, 917:45, 918:1, 918:9, 918:12, 918:16, 918:18, 918:45, 919:10, 920:11

SAFEWORK [2] - 828:7, 828:8

SAFEWORK'S [9] - 828:27, 851:35, 851:39, 852:13, 853:4, 854:43, 857:45, 858:9, 868:23

SANITISE [1] - 911:7SAT [6] - 801:5,

821:8, 853:9, 858:10, 870:10, 870:28

SATISFIED [1] - 847:30

SAW [2] - 811:33, 867:30

SC [1] - 384:30SCANNING [1] -

826:29SCATTERED [1] -

904:35SCHEDULE [1] -

898:3SCHISM [3] - 810:26,

811:18, 811:24SCHREIBER [3] -

865:29, 865:40, 909:24

SCOPE [1] - 890:7SCOTT [1] - 883:40

SCRATCH [1] - 848:31

SCREAMING [2] - 825:19, 880:38

SEALING [1] - 904:14

SECOND [30] - 801:26, 801:39, 806:14, 814:21, 819:8, 820:24, 823:23, 845:4, 845:29, 845:31, 853:36, 857:34, 860:34, 869:17, 871:39, 872:31, 876:15, 884:29, 888:18, 888:21, 892:20, 892:22, 893:30, 893:33, 900:18, 900:21, 900:24, 903:2, 912:24, 916:42

SECOND-LAST [1] - 900:18

SECONDLY [2] - 831:45, 833:1

SECTION [1] - 384:5SECTION [3] - 843:4,

845:5, 845:40SECTORS [1] -

841:9SECURITY [5] -

802:20, 802:23, 823:47, 824:3, 873:14

SEE [87] - 806:14, 806:20, 806:24, 811:12, 812:39, 814:21, 814:23, 816:9, 816:10, 818:4, 819:13, 822:32, 822:38, 823:32, 826:5, 827:5, 827:6, 828:35, 828:40, 829:27, 829:29, 829:31, 829:40, 833:3, 833:12, 833:36, 833:46, 836:24, 836:35, 836:41, 836:43, 836:44, 837:14, 837:18, 837:22, 841:20, 841:47, 842:36, 842:38, 842:44, 842:47, 843:7, 843:16, 845:5, 845:11, 846:14, 846:30, 850:7, 857:23, 859:39, 860:44, 861:29, 861:31, 865:35,

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869:21, 870:37, 871:46, 875:21, 875:30, 876:12, 876:18, 876:35, 876:43, 877:41, 879:25, 881:3, 883:44, 884:29, 885:16, 885:30, 887:15, 892:4, 893:30, 900:16, 902:4, 902:12, 902:38, 903:1, 903:6, 903:26, 903:29, 904:10, 904:24, 909:1, 913:13, 913:34, 913:39

SEEK [6] - 813:7, 853:1, 853:18, 853:37, 853:39, 867:29

SEEKS [1] - 847:42SEEM [4] - 815:32,

838:25, 876:40, 899:10

SEEMING [1] - 876:43

SELECTED [1] - 908:31

SENIOR [27] - 800:40, 801:16, 803:10, 805:3, 805:27, 805:31, 805:43, 821:11, 838:22, 838:24, 839:11, 839:12, 839:33, 844:13, 846:26, 846:32, 846:36, 851:40, 851:45, 853:29, 887:15, 887:17, 906:38, 906:40, 906:43, 912:5

SENIORS [1] - 918:13

SENSE [6] - 813:25, 819:2, 834:22, 885:8, 904:40, 914:41

SENT [3] - 899:44, 901:9, 901:10

SENT [6] - 846:27, 876:16, 877:22, 898:25, 900:20

SENTENCE [1] - 845:5

SEPARATE [6] - 805:19, 823:38, 854:33, 866:2, 866:6, 920:1

SEPTEMBER [5] - 384:22, 876:12,

Page 147: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

876:35, 877:14, 880:24

SEPTEMBER [1] - 899:41

SEQUENCE [2] - 847:24, 847:27

SEQUENCING [1] - 849:47

SERIES [10] - 820:2, 858:40, 878:21, 886:6, 889:39, 891:19, 900:21, 902:39, 902:44, 906:13

SERIOUS [3] - 823:11, 844:4, 876:44

SERIOUSLY [3] - 846:12, 852:27, 889:26

SERIOUSNESS [1] - 846:26

SERVED [1] - 829:4SERVICE [2] -

908:44, 918:31SERVICE [6] -

800:18, 810:32, 810:38, 810:47, 811:1, 856:42

SERVICES [7] - 810:27, 810:47, 811:7, 886:12, 886:13, 915:19, 917:19

SERVICES [3] - 908:22, 908:36

SESSION [1] - 901:7SESSION [2] -

893:28, 920:6SESSIONS [1] -

919:37SET [11] - 810:42,

824:37, 825:9, 846:24, 854:43, 869:15, 873:37, 892:15, 905:9, 914:10, 914:32

SETS [1] - 849:26SETTING [2] -

848:33, 891:2SEVEN [2] - 819:6,

902:3SEVERAL [1] - 843:6SHALL [1] - 812:3SHAPE [2] - 852:25,

885:10SHARE [2] - 803:36,

810:17SHARED [1] - 803:35SHIFT [1] - 818:28SHIFTED [1] -

818:32SHOCK [1] - 846:9SHORT [2] - 839:22,

911:11SHORT [4] - 819:38,

901:25, 907:34, 917:6SHORTCOMINGS

[1] - 813:21SHORTLY [8] -

839:30, 843:34, 846:25, 855:27, 887:38, 892:13, 899:28, 918:6

SHOW [4] - 865:5, 891:3, 897:23, 898:19

SHOWED [2] - 819:11, 910:14

SHOWN [2] - 814:34, 827:7

SHUT [2] - 870:6, 870:8

SIDEWAYS [1] - 818:32

SIGN [3] - 838:31, 838:35, 882:4

SIGNAGE [58] - 804:44, 807:24, 813:47, 838:20, 838:28, 840:6, 840:20, 840:27, 840:34, 844:1, 854:38, 877:27, 877:28, 877:31, 877:34, 877:41, 877:46, 878:5, 878:6, 878:8, 878:12, 878:26, 878:31, 878:32, 878:37, 878:41, 879:6, 879:9, 879:17, 879:25, 879:31, 879:34, 879:41, 879:46, 880:5, 880:36, 880:37, 880:42, 881:4, 881:5, 881:17, 881:27, 881:32, 881:37, 881:41, 881:43, 881:46, 882:15, 882:19, 882:24, 882:34, 882:40, 883:6, 883:11, 883:17, 885:29

SIGNED [1] - 915:40SIGNIFICANCE [3] -

838:35, 840:27, 876:46

SIGNIFICANT [9] - 823:3, 823:4, 840:1, 914:37, 915:31,

915:33, 916:3, 916:5, 918:19

SIGNIFICANTLY [1] - 914:38

SIGNS [7] - 825:41, 854:38, 879:35, 880:18, 880:19, 883:22, 910:14

SILO [1] - 824:9SILOS [1] - 824:7SIMILAR [4] -

864:47, 865:1, 900:19, 920:19

SIMPLY [8] - 802:34, 849:28, 852:29, 864:7, 870:6, 870:8, 876:45, 918:1

SINGLE [3] - 815:34, 824:30, 852:29

SINGLETON [9] - 893:11, 893:15, 901:15, 901:40, 904:7, 908:2, 908:29, 909:9, 910:41

SINGLETON [2] - 901:13, 910:39

SIT [2] - 800:16, 838:34

SITE [15] - 806:45, 828:29, 829:28, 829:44, 829:45, 830:18, 840:32, 876:31, 878:35, 881:41, 885:16, 889:10, 914:46, 918:41, 919:26

SITES [5] - 808:5, 808:6, 815:29, 844:1, 844:2

SITTING [7] - 827:10, 830:12, 850:38, 850:40, 851:30, 868:17, 880:47

SITUATION [6] - 851:13, 881:13, 915:16, 917:10, 919:8, 919:19

SITUATIONS [3] - 861:20, 916:39, 919:14

SIX [1] - 833:8SIZE [7] - 849:5,

879:7, 879:12, 879:17, 879:26, 907:1, 907:2

SK [1] - 904:47SKILL [2] - 872:16,

905:9SKULL [1] - 879:36SL [2] - 897:9,

897:13SLICE [1] - 901:46SLICES [1] - 902:3SLOW [5] - 825:14,

825:15, 825:17, 825:18, 853:33

SLOWER [1] - 810:10

SLOWLY [1] - 804:4SMALL [1] - 831:14SMUGGLED [1] -

917:22SO-CALLED [2] -

827:5, 837:41SOIL [1] - 885:15SOLD [1] - 912:33SOLICIT [1] - 876:45SOMEONE [7] -

826:35, 858:27, 858:41, 878:12, 905:18, 906:28, 906:39

SOMETIMES [4] - 891:22, 901:28, 906:42, 906:47

SOMEWHAT [3] - 802:6, 873:42, 873:43

SOMEWHERE [1] - 879:27

SORRY [34] - 806:1, 806:2, 808:39, 815:31, 816:1, 816:15, 817:1, 818:1, 818:11, 821:14, 824:5, 824:27, 830:4, 831:13, 831:14, 834:11, 834:31, 834:32, 835:1, 835:37, 836:21, 844:9, 844:44, 864:27, 886:12, 886:15, 887:7, 893:4, 899:12, 903:44, 903:46, 905:14, 916:30

SORT [2] - 854:2, 920:19

SORTS [2] - 815:27, 917:27

SOUGHT [1] - 801:10

SOUND [1] - 838:25SOURCE [3] -

804:20, 864:24, 902:33

SOUTH [4] - 812:10, 857:4, 897:10, 918:1

SPACE [1] - 870:22SPARINGLY [1] -

809:28

.30/09/2020 (23) WITNESSTranscript produced by Epiq

25

SPEAKER [1] - 805:44

SPEAKING [4] - 849:1, 894:30, 904:32, 916:27

SPECIAL [1] - 890:8SPECIALIST [1] -

867:37SPECIALLY [1] -

906:33SPECIFIC [11] -

813:3, 858:31, 863:18, 878:32, 878:45, 890:14, 890:15, 895:41, 908:12, 914:10, 915:8

SPECIFICALLY [9] - 808:32, 855:24, 862:33, 872:12, 878:27, 893:17, 906:2, 907:16, 914:32

SPECIFICATIONS

[1] - 811:2SPECIFICS [1] -

808:24SPECULATE [1] -

810:36SPECULATING [1] -

872:44SPENDING [2] -

861:37, 873:21SPENT [1] - 862:40SPOKEN [4] -

822:19, 857:31, 864:9, 886:46

SPONSOR [9] - 838:25, 839:33, 906:29, 906:39, 906:44, 907:4, 907:13, 907:15, 907:16

SPOT [1] - 845:22SPRANG [2] -

852:28, 889:26SPRINGWOOD [7] -

847:23, 857:5, 857:19, 857:31, 861:27, 889:16, 916:14

STAFF [27] - 802:41, 802:46, 806:39, 815:26, 838:44, 838:46, 840:40, 865:33, 866:16, 866:33, 866:47, 871:38, 871:42, 871:47, 872:5, 915:10, 915:35, 915:43, 915:47, 916:7, 916:44, 917:7,

Page 148: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

917:10, 917:23STAGE [22] - 804:32,

807:13, 808:9, 812:47, 813:14, 813:35, 814:31, 826:45, 833:40, 834:5, 838:40, 847:34, 850:42, 853:32, 858:13, 861:1, 861:36, 867:33, 868:27, 868:30, 884:9, 884:44

STAKE [3] - 809:23, 846:33, 847:2

STAKEHOLDER [1] - 862:42

STANCE [1] - 870:47STANDARD [8] -

824:37, 840:37, 849:26, 879:35, 881:23, 889:3, 900:27, 915:32

STANDARDS [4] - 802:7, 810:43, 824:34, 851:10

STANDING [1] - 861:13

STANDPOINT [1] - 862:40

START [10] - 804:2, 804:6, 806:1, 817:32, 835:30, 845:24, 870:19, 911:9, 915:14

STARTED [7] - 814:26, 814:32, 817:18, 819:16, 825:13, 841:13, 873:18

STARTING [6] - 818:45, 826:41, 841:15, 892:13, 917:46, 920:1

STATE [13] - 800:13, 804:22, 805:16, 805:39, 833:35, 851:45, 852:14, 854:11, 859:5, 864:19, 885:3, 894:12, 911:24

STATEMENT [4] - 819:21, 888:3, 893:35, 904:10

STATEMENTS [5] - 850:19, 850:27, 850:32, 850:38, 851:28

STATION [1] - 917:21

STATUS [1] - 836:5STATUTES [1] -

824:32STATUTORY [10] -

807:9, 807:14, 817:12, 817:21, 817:43, 826:22, 826:40, 826:43, 827:16, 852:44

STAY [4] - 851:9, 855:36, 856:25, 856:34

STEADILY [2] - 869:14, 869:37

STEAM [1] - 822:5STEERING [1] -

816:12STEP [7] - 819:6,

820:33, 821:2, 821:4, 858:32, 918:7

STEP-BY-STEP [1] - 858:32

STEPPED [1] - 905:47

STEPS [1] - 846:21STEWARDSHIP [1] -

914:13STILL [19] - 801:32,

810:40, 814:10, 815:31, 816:29, 820:28, 820:30, 832:12, 834:23, 848:1, 874:1, 874:8, 875:17, 884:44, 885:2, 896:26, 902:13, 913:5, 917:14

STOCKPILE [2] - 876:24, 885:16

STOCKPILES [1] - 900:24

STOOD [1] - 867:37STOP [1] - 883:43STOP/START [1] -

859:26STOPPING [1] -

890:1STOPS [1] - 835:9STORED [1] - 885:15STORM [2] - 901:28,

906:15STRAIGHT [1] -

818:12STRANGE [1] -

823:7STRATEGIC [3] -

810:43, 833:46, 892:34

STRATEGY [2] - 891:5, 899:47

STREET [2] - 853:17, 853:36

STREET [3] - 384:17,

876:18, 876:21STRENGTHENING

[1] - 915:37STRESS [2] -

910:14, 910:19STRONG [5] -

896:33, 908:11, 918:17, 918:29, 919:2

STRONGER [1] - 896:34

STRUCK [1] - 823:2STRUCTURE [5] -

913:23, 913:29, 914:23, 914:39, 917:4

STUART [14] - 853:26, 853:43, 853:47, 854:21, 858:26, 863:36, 877:26, 878:7, 878:40, 878:41, 887:14, 893:29, 900:17, 907:24

STYLE [1] - 853:38SUBJECT [4] -

804:43, 859:33, 868:7SUBJECTS [1] -

813:9SUBMISSIONS [1] -

891:36SUBORDINATE [1] -

912:8SUBSEQUENT [4] -

807:35, 852:26, 916:34

SUBSTANTIAL [1] - 831:3

SUBSTANTIVE [2] - 800:25, 816:40

SUBSTANTIVELY

[1] - 920:22SUBTLE [1] - 888:5SUCCEED [1] -

823:47SUCCESS [1] -

825:41SUCCESSFUL [1] -

892:21SUCCESSFULLY [1]

- 825:40SUCCINCT [1] -

904:10SUFFERING [1] -

910:17SUFFICIENT [7] -

802:19, 803:30, 803:34, 858:36, 859:18, 859:20, 877:28

SUFFICIENTLY [1] - 802:36

SUGGEST [5] - 809:32, 834:37, 876:44, 887:32, 895:39

SUGGESTED [3] - 846:15, 867:33, 919:11

SUGGESTING [3] - 818:14, 829:44, 853:6

SUGGESTION [3] - 877:45, 878:4, 885:33

SUITE [3] - 879:37, 900:22, 900:26

SUITED [1] - 906:9SUMMARIES [1] -

916:24SUMMARISE [1] -

888:40SUMMARY [5] -

822:32, 837:17, 893:1, 893:7, 898:42

SUMMATION [1] - 906:18

SUPERVISING [1] - 906:43

SUPERVISOR [1] - 906:28

SUPPORT [13] - 821:10, 821:17, 821:44, 823:15, 864:21, 864:24, 864:28, 866:12, 866:15, 866:18, 894:1, 894:2, 895:1

SUPPORTIVE [2] - 865:44, 893:44

SUPPOSE [1] - 814:36

SUPPOSED [1] - 867:25

SUPPOSITION [1] - 878:45

SURPRISE [1] - 843:19

SURPRISED [2] - 889:19, 889:30

SURPRISING [3] - 813:16, 813:19, 813:28

SURVEY [5] - 806:23, 903:3, 903:20, 903:25, 903:30

SUSPECT [2] - 802:4, 818:35

SUSPICION [1] - 908:11

SUSPICIOUS [1] - 861:6

SWEAR [1] - 800:6

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26

SWISS [3] - 901:17, 901:34, 906:12

SWITCHED [1] - 855:12

SWMS [2] - 851:25, 851:28

SWORN [1] - 911:20SYMPATHETIC [2] -

891:8SYSTEM [23] -

820:40, 822:36, 823:26, 823:37, 824:21, 825:13, 826:21, 826:30, 826:31, 826:42, 827:3, 827:5, 827:6, 827:8, 827:9, 827:10, 842:38, 853:25, 853:27, 853:28, 853:30, 876:2

SYSTEMATIC [5] - 824:20, 826:33, 831:39, 832:13

SYSTEMATICALLY

[1] - 851:11SYSTEMS [3] -

886:18, 886:20, 886:23

SYSTEMS [8] - 800:30, 821:26, 823:28, 886:13, 886:14, 915:39, 916:38

TTAB [2] - 837:13,

913:15TABLE [3] - 811:44,

833:29, 837:11TABLED [1] - 891:41TALKS [2] - 862:14,

915:37TARGETS [1] - 898:4TASK [2] - 873:37,

874:12TASK [9] - 836:5,

905:1, 905:5, 905:12, 907:26, 912:19, 915:21, 915:28

TASKED [2] - 834:42, 843:32

TASKS [3] - 816:39, 838:42, 912:23

TEA [2] - 837:12, 840:10

TEAM [4] - 831:22, 831:26, 832:30, 832:37

TEAM [86] - 800:39,

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803:15, 803:29, 805:33, 805:35, 805:39, 808:29, 821:11, 821:18, 822:4, 822:13, 822:20, 829:10, 831:21, 832:8, 832:11, 837:36, 839:13, 839:38, 839:44, 853:22, 854:16, 854:20, 854:22, 854:24, 854:26, 855:8, 855:12, 855:23, 855:27, 855:39, 855:40, 856:34, 856:35, 856:36, 858:35, 860:8, 863:33, 864:42, 867:5, 867:37, 874:14, 881:40, 887:4, 896:20, 900:29, 900:46, 906:26, 906:27, 907:20, 907:25, 907:28, 907:30, 907:34, 907:35, 907:43, 907:45, 908:3, 908:5, 908:10, 908:12, 908:13, 908:17, 910:13, 910:15, 912:5, 912:25, 913:24, 913:27, 913:28, 914:1, 914:7, 914:13, 914:15, 914:22, 914:27, 914:28, 914:46, 915:14, 915:18, 916:19, 916:20, 918:4, 919:44

TECHNICAL [2] - 862:40, 919:4

TELEPHONE [1] - 915:5

TEMPLATE [1] - 848:42

TENANTED [1] - 838:29

TENANTS [1] - 838:34

TENDER [1] - 865:46TENDERED [5] -

827:38, 827:41, 899:36, 900:3, 900:10

TENDERING [1] - 900:7

TENDS [1] - 889:31TENSION [2] -

808:42, 810:42TERM [4] - 856:29,

907:4, 907:8, 908:35TERMED [1] - 917:31TERMS [24] - 803:26,

805:17, 808:26, 808:42, 824:13, 833:2, 842:11, 853:18, 854:38, 854:39, 859:38, 861:46, 862:37, 864:2, 864:23, 870:10, 874:8, 905:37, 906:24, 907:12, 908:46, 909:42, 914:42

TERRIBLE [1] - 864:42

THANKED [1] - 919:38

THE [157] - 384:5, 800:1, 800:5, 804:15, 809:35, 812:7, 812:28, 813:16, 814:7, 814:12, 814:40, 815:15, 816:9, 816:15, 817:1, 817:40, 818:11, 819:1, 820:12, 820:28, 820:35, 821:14, 821:32, 821:38, 822:19, 823:1, 824:7, 824:27, 827:34, 827:41, 827:45, 828:2, 828:46, 831:10, 831:18, 834:11, 834:31, 835:14, 835:27, 835:32, 835:37, 835:42, 836:18, 836:23, 836:30, 836:35, 836:40, 837:7, 839:19, 839:24, 839:28, 839:47, 844:44, 845:1, 845:17, 845:22, 845:27, 845:31, 845:38, 845:42, 847:18, 848:26, 848:36, 849:43, 850:2, 853:11, 855:43, 856:1, 864:27, 865:7, 865:20, 866:1, 866:11, 867:46, 869:13, 871:22, 871:25, 872:22, 872:46, 875:1, 875:17, 878:47, 879:5, 879:12, 879:20, 879:25,

880:18, 885:43, 886:40, 887:7, 887:25, 888:7, 888:29, 888:37, 889:37, 889:42, 890:20, 890:29, 890:33, 890:44, 891:7, 891:15, 891:22, 891:28, 891:38, 891:47, 892:4, 892:8, 892:24, 892:31, 892:37, 893:13, 893:20, 893:47, 894:10, 894:20, 894:26, 894:36, 895:10, 895:21, 895:27, 895:32, 895:41, 896:1, 896:8, 896:29, 897:6, 897:12, 897:17, 897:32, 898:28, 898:32, 898:36, 898:40, 899:5, 899:21, 899:35, 900:3, 900:13, 901:13, 901:37, 904:5, 907:37, 908:16, 908:43, 910:39, 910:44, 911:1, 911:4, 911:7, 911:13, 911:17, 911:22, 913:37, 920:31, 920:34, 920:36

THEME [1] - 849:33THEMSELVES [4] -

870:3, 905:38, 906:14, 910:14

THERE'D [2] - 862:21, 919:3

THERE'LL [1] - 906:27

THEREABOUTS [1] - 847:22

THEREAFTER [2] - 815:45, 877:3

THEY'VE [2] - 819:28, 834:12

THINKING [2] - 838:33, 868:23

THIRD [14] - 805:19, 816:18, 821:7, 833:32, 857:2, 858:31, 858:38, 859:36, 861:30, 865:17, 865:28, 892:16, 897:28, 909:26

THIRTEEN [1] - 884:38

THIRTY [1] - 885:21THIRTY-FIVE [1] -

885:21THOUGHTS [1] -

920:11THOUSANDS [2] -

861:43THREE [16] - 805:18,

807:34, 814:1, 816:37, 816:38, 854:32, 892:40, 906:42, 906:46, 909:18, 910:16, 911:34, 912:32, 915:11, 916:5, 916:22

THROUGHOUT [7] - 821:11, 855:14, 882:35, 894:36, 896:10, 896:21, 916:3

THURSDAY [2] - 845:8, 845:36

THURSDAY [1] - 920:36

TICK [1] - 839:6TIERED [1] - 917:15TIMELINE [2] -

814:41, 818:24TIMELINES [1] -

814:22TIMELY [2] - 899:26,

905:5TIMING [5] - 895:19,

896:4, 896:5, 908:44, 908:46

TITLE [3] - 812:20, 912:21, 912:39

TO [4] - 899:43, 901:9, 901:10, 920:36

TODAY [11] - 830:12, 837:26, 851:30, 854:9, 865:38, 870:19, 881:1, 884:43, 886:5, 900:34, 904:25

TOGETHER [4] - 824:23, 837:47, 858:37, 901:31

TOGETHER [1] - 901:8

TOLL [5] - 864:42, 910:5, 910:10, 910:12, 910:15

TOMORROW [2] - 870:14, 920:32

TONY [1] - 882:23TOOK [15] - 805:44,

816:43, 822:6, 832:42, 846:12, 846:21, 852:27, 884:7, 889:25,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

27

893:25, 896:44, 906:6, 910:14, 913:1, 918:43

TOOL [2] - 862:14, 915:36

TOOMA'S [1] - 879:5TOP [12] - 816:6,

828:15, 836:44, 837:14, 842:37, 861:29, 877:46, 879:13, 879:15, 904:23, 913:13, 913:16

TOP" [1] - 878:13TOPIC [9] - 805:14,

818:2, 862:19, 870:16, 870:18, 882:9, 884:35, 893:16, 904:41

TOPICS [1] - 850:23TOUCH [2] - 841:19,

879:28TOWARDS [9] -

813:8, 826:5, 826:47, 848:2, 862:7, 869:15, 873:30, 896:11

TRACK [4] - 822:9, 848:43, 868:31, 906:44

TRACK" [1] - 855:36TRACKING [3] -

898:2, 898:43, 898:47TRADES [2] - 820:5,

904:29TRAIN [3] - 825:9,

862:8, 862:11TRAINED [1] -

802:37TRAINER [1] -

862:11TRAINERS [1] -

861:42TRAINING [25] -

815:26, 842:9, 842:10, 851:18, 861:31, 861:37, 861:40, 861:42, 861:46, 862:1, 862:4, 862:6, 862:10, 915:34, 915:43, 915:47, 916:43, 916:44, 916:47, 917:15, 917:28, 917:29, 917:33, 917:34, 917:35

TRANSCRIPT [1] - 812:29

TRANSCRIPTION [1] - 800:18

TRANSFERRED [1] -

Page 150: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

874:18TRANSITION [4] -

867:4, 867:25, 867:35, 867:37

TRANSPIRED [3] - 818:33, 818:34, 818:35

TRANSPORT [1] - 919:30

TRAP [1] - 848:41TRAVELLED [1] -

858:9TREAT [1] - 840:36TREVOR [1] - 853:42TRIED [3] - 810:39,

831:41, 856:25TRUE [5] - 815:37,

854:11, 915:24, 919:41, 920:21

TRUST [2] - 862:22, 866:18

TRY [3] - 800:18, 831:41, 904:34

TRYING [14] - 809:32, 814:2, 815:10, 821:10, 821:43, 838:44, 856:31, 872:12, 873:11, 876:45, 885:33, 890:24, 890:40, 895:10

TUESDAY [3] - 920:4, 920:5, 920:8

TURN [28] - 805:42, 806:11, 817:5, 819:42, 822:17, 826:4, 828:10, 831:8, 833:11, 833:28, 836:33, 837:12, 837:13, 844:35, 849:33, 859:28, 863:29, 863:40, 865:17, 875:29, 878:41, 880:22, 883:29, 885:12, 905:28, 913:14, 913:20

TURNING [2] - 838:30, 842:20

TWO [26] - 815:32, 832:46, 846:26, 846:32, 846:36, 852:46, 853:16, 853:17, 853:36, 858:37, 861:27, 863:43, 867:31, 869:8, 869:10, 869:36, 870:1, 879:18, 896:34, 897:27, 898:47,

907:30, 907:39, 909:43, 912:22, 915:21

TWO-PRONGED [1] - 915:21

TWO-WAY [3] - 852:46, 853:16, 853:36

TYPE [2] - 822:9, 853:8

TYPES [4] - 836:36, 861:46, 879:17, 880:28

TYPICALLY [1] - 829:1

UULTIMATE [1] -

862:10ULTIMATELY [12] -

804:7, 811:18, 825:14, 826:36, 829:7, 832:24, 846:40, 848:19, 849:14, 884:19, 907:33, 919:10

UNCERTAIN [1] - 870:10

UNCOMMON [1] - 919:6

UNCONSCIONABLE [1] - 866:36

UNCOOPERATIVE

[1] - 872:28UNDER [21] - 807:15,

819:9, 820:1, 820:29, 822:22, 822:44, 823:23, 826:9, 842:44, 845:31, 852:17, 853:13, 889:18, 889:22, 889:31, 891:44, 894:12, 910:23, 912:36, 914:13, 917:34

UNDER [1] - 384:5UNDERMINE [2] -

872:12, 872:26UNDERMINING [2] -

871:38, 872:5UNDERNEATH [2] -

801:6, 862:5UNDERSTATEMEN

T [1] - 912:16UNDERSTOOD [3] -

818:13, 819:23, 871:41

UNDERTAKE [2] - 803:44, 892:16

UNDERTAKEN [5] - 814:29, 903:9, 903:20, 903:26, 915:13

UNDERTAKINGS [1] - 896:44

UNDERTOOK [1] - 819:17

UNDERWAY [1] - 833:41

UNDUE [1] - 919:8UNDULY [2] - 880:1,

880:6UNFOLDED [2] -

852:28, 889:26UNHELPFUL [3] -

872:40, 872:41, 872:46

UNION [2] - 919:30, 919:31

UNION [3] - 881:40, 919:23, 919:35

UNIT [3] - 815:1, 823:29, 824:28

UNITS [2] - 823:39, 824:39

UNLESS [2] - 823:7, 919:14

UNUSUAL [1] - 875:11

UP [59] - 800:18, 805:5, 805:30, 808:31, 810:6, 810:7, 816:39, 817:3, 819:5, 820:26, 824:31, 829:8, 829:9, 829:10, 829:19, 831:14, 836:10, 837:10, 838:30, 840:7, 841:27, 844:19, 847:34, 849:29, 851:7, 851:9, 851:15, 851:35, 851:39, 853:17, 853:19, 854:5, 854:43, 859:25, 864:29, 867:38, 871:13, 871:33, 873:37, 875:42, 882:45, 889:3, 891:2, 893:27, 894:30, 897:33, 898:41, 902:5, 902:6, 904:34, 906:15, 912:26, 912:46, 913:9, 914:7, 914:11, 914:24, 914:32, 915:42

UP-TO-DATE [4] - 824:31, 851:7, 851:9, 875:42

UPDATE [4] - 847:9, 847:13, 861:29, 897:29

UPDATED [5] - 833:1, 834:19, 848:8, 865:25, 897:47

UPDATES [3] - 836:1, 865:2, 865:13

UPGRADE [2] - 893:3, 893:7

UPPER [2] - 834:16, 837:3

URGENCY [2] - 904:40, 906:8

USABLE [1] - 854:34USEFUL [1] - 832:2USU [5] - 883:32,

916:14, 919:23, 919:26, 919:39

USUAL [5] - 808:33, 867:26, 867:43, 867:44, 873:20

UTILISED [1] - 915:10

UTMOST [2] - 807:8, 817:23

VVARIABILITIES [1] -

914:35VARIED [1] - 831:39VARIOUS [8] -

802:9, 805:14, 805:15, 842:44, 843:42, 844:3, 904:36, 914:4

VEIN [1] - 851:4VERBATIM [1] -

896:40VERSION [1] -

900:39VEXED [1] - 863:25VIC [1] - 915:32VICTORIA [1] -

888:19VIEW [34] - 801:26,

802:18, 802:28, 803:22, 803:23, 803:30, 803:34, 804:9, 804:21, 809:16, 809:41, 816:37, 819:21, 821:26, 823:15, 824:17, 824:18, 824:42, 830:1, 834:8, 839:42, 841:12, 850:42, 851:30, 851:40, 852:12, 859:10, 866:26,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

28

868:12, 876:39, 877:4, 888:8, 904:43, 908:19

VIEWS [1] - 893:21VIS-À-VIS [1] -

822:44VISIBILITY [2] -

800:41, 800:47VISIBLE [1] - 910:14VITAL [1] - 863:17VOLUME [6] - 818:1,

820:24, 831:15, 875:15, 902:37, 904:13

WWALES [4] - 812:10,

857:5, 897:10, 918:1WANTS [2] - 859:37,

874:17WARNING [1] -

815:26WARRANTED [2] -

823:15, 919:19WAS [1] - 920:36WASTE [2] - 917:21,

918:39WASTE [6] - 820:6,

827:27, 895:14, 899:23, 904:29, 917:19

WEAKNESSES [2] - 822:36, 823:1

WEB [2] - 891:4, 892:6

WEBSITE [2] - 892:34, 916:18

WEDNESDAY [1] - 384:22

WEEK [5] - 851:36, 856:16, 907:39, 919:45, 920:9

WELFARE [1] - 864:43

WELL" [1] - 898:43WELL-BEING [3] -

864:35, 894:3, 894:11WELL-COVERED [1]

- 851:23WELL-

INTENTIONED [2] - 838:44, 838:46

WELL-KNOWN [4] - 802:10, 831:38, 887:26, 904:47

WELL-MANAGED

[1] - 862:40WENDY [1] - 913:29WENTWORTH [2] -

Page 151: INQUIRY UNDER SECTION 438U OF THE LOCAL ......Q. And successfully so, to your mind? A. There were signs that success would be achieved. Q. If I understand your earlier evidence, there's

869:29, 874:25WESTERN [1] -

918:38WH&S [2] - 879:6,

888:9WHEREBY [2] -

826:42, 915:6WHILST [3] - 818:24,

825:12, 912:21WHOLE [17] -

815:17, 823:36, 838:28, 849:25, 850:43, 850:47, 855:34, 894:5, 894:6, 895:7, 896:21, 902:4, 903:42, 903:47, 904:1, 906:13, 916:13

WHOLLY [1] - 807:8WHS [2] - 822:37,

861:26WIDE [1] - 860:41WIDER [9] - 820:45,

821:43, 821:47, 829:46, 830:21, 859:43, 872:6, 873:3, 875:45

WIDESPREAD [1] - 869:42

WILDLY [1] - 815:32WILLIS [21] - 804:12,

804:13, 804:17, 804:25, 806:3, 813:23, 820:40, 821:40, 822:8, 823:1, 823:8, 887:25, 887:26, 888:8, 888:21, 892:18, 892:19, 892:20, 892:22, 902:39

WIN [6] - 821:10, 821:17, 821:44, 919:13, 919:14, 919:16

WISHED [1] - 916:18WISHES [1] - 856:28WITH [1] - 901:8WITHDRAW [4] -

804:1, 840:44, 855:22, 856:17

WITHDRAWN [1] - 919:21

WITHDREW [3] - 871:25, 911:4, 920:34

WITHDREW [1] - 910:13

WITNESS [6] - 845:44, 847:20, 871:25, 892:10, 911:4, 920:34

WITNESS [6] -

836:23, 845:17, 869:7, 890:4, 891:15, 893:17

WITNESSES [2] - 891:30, 916:17

WONDER [2] - 891:3, 893:27

WORD [10] - 822:8, 824:3, 852:23, 865:40, 868:34, 870:46, 884:34, 903:30

WORDING [2] - 879:34, 903:10

WORDS [14] - 801:34, 803:31, 824:32, 838:36, 846:15, 847:42, 878:11, 880:37, 880:43, 880:44, 881:4, 882:42, 889:17, 898:45

WORKCOVER [1] - 879:16

WORKER [2] - 827:20, 840:35

WORKERS [1] - 919:30

WORKERS [11] - 812:35, 844:2, 850:33, 882:30, 907:32, 912:5, 917:15, 917:16, 917:17, 917:25, 917:27

WORKFORCE [8] - 802:5, 802:11, 802:29, 841:6, 841:9, 861:10, 891:5, 899:47

WORKLOAD [1] - 896:19

WORKPLACE [7] - 826:18, 827:17, 828:38, 829:30, 829:38, 840:30, 915:31

WORKPLACES [4] - 817:27, 829:47, 830:9, 916:11

WORKS [3] - 859:33, 862:43, 862:46

WORLD [1] - 825:19WORRY [1] - 900:14WORTH [1] - 815:37WRITE [1] - 816:38WRITES [2] - 898:15,

898:17WRITING [1] - 887:3WRITTEN [4] -

826:25, 829:36,

.30/09/2020 (23) WITNESSTranscript produced by Epiq

29

842:14, 909:10WROTE [2] - 832:12,

888:14

YYEAR [7] - 815:35,

816:37, 816:38, 853:32, 888:46, 891:4, 893:31

YEARS [10] - 806:24, 816:44, 818:26, 844:31, 892:40, 906:6, 911:34, 911:35, 912:32, 915:6

YOURSELF [4] - 884:35, 893:29, 900:17


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