When Deputy Premier John Barilaro and then-arts minister Don Harwin signed off on the Regional Cultural Fund grants in late 2018 a Bega gallery was rated the top funding priority in a regional arts grants scheme but missed out while a the Batemans Bay aquatic and cultural centre, ranked 72nd, got $8 million.
According to an ABC report the independent assessors praised Bega Valley Regional Gallery's application for $3 million to fund its renovations as part of the NSW Government's $47 million Regional Cultural Fund. There were more than 150 eligible applications for funding as part of the scheme.
Documents obtained by the ABC under freedom of information laws revealed the Bega project was overlooked in favour of an $8 million investment to help build the Mackay Park Aquatic, Arts and Cultural Centre in nearby Batemans Bay (The Bay Pavilion). TIMELINE: In July 2018 68 projects announced in Round One of the Regional Cultural Fund. Round Two was then officially opened with applications closing on Friday 21 September 2018. Following closure a six-person panel included four independent assessors, as well as one representative from the State Government agency Create NSW and another from the Department of Premier and Cabinet. ranked all projects over a four-day meeting. Gladys Berejiklian and the Member for Bega the Hon. Andrew Constance came to Batemans Bay on 26 March 2018 to announce $26m of funding towards the construction of the Regional Aquatic, Arts and Leisure Centre at Mackay Park Batemans Bay. It was announced that "The $26 million in funding includes $18 million for the aquatic centre, and $8 million for the arts and cultural facilities." The $8 million was to come from Round Two that would not be open for applications for another six months and would not be judged and announced until October 2018. But here it was, announced as granted, in March 2018 Gladys Berejiklian and the Member for Bega the Hon. Andrew Constance On the 15th August 2018 the Hon. LYNDA VOLTZ asked a question without notice directed to the Minister for Resources, Minister for Energy and Utilities, and Minister for the Arts. Given the Premier and the member for Bega jointly announced on 26 March that they would provide $26 million for a new indoor aquatic and cultural centre at Batemans Bay consisting of $18 million for the aquatic centre and $8 million for the arts and cultural facility, where will the $8 million for the arts and cultural component be drawn from?
The Hon. DON HARWIN: As I informed the House yesterday, people should be aware that the Regional Cultural Fund round two is open. I imagine this project would be eligible but I need to check if there is an existing funding agreement.
The Hon. DON HARWIN (Minister for Resources, Minister for Energy and Utilities, and Minister for the Arts) (15:31): I may have covered this question in my answer yesterday but, if I did not, it is planned that round two announcements will be made before the end of this calendar year. I cannot be more specific at this stage.
The Hon. Peter Primrose: It is supposed to be a competitive process and you are announcing it already.
The New South Wales premier, Gladys Berejiklian later conceded that grants to councils that were approved in the nine months before the last state election (March 2019) amounted to pork barrelling, but said there was nothing illegal about it.
“It’s not something the community likes ... but it’s an accusation I will wear,” she said. It’s not unique to our government,” Berejiklian said.
“It’s not an illegal practice. Unfortunately it does happen from time to time by every government,” she said.
Given that the 26 March 2018 announcement appears to include $8 million of pork it must have been known to the local member at the time that the announcement was premature knowing that Round One had not yet been announced and that Round 2 was not open for applications.
Just how much did the then State member and the Eurobodalla mayor understand of the $8m pork chop that would become the Yuin Theatre?
Not surprisingly NSW ICAC has advised it will hold a forum on pork barrelling stating:
The NSW Independent Commission Against Corruption (ICAC) will hold a forum on Friday 3 June 2022 to examine the practice of pork barrelling, including whether it is lawful and ethical, and whether it could constitute corrupt conduct under the Independent Commission Against Corruption Act 1988.
The forum, to be hosted by Chief Commissioner the Hon Peter Hall QC, will discuss whether:
the practice of pork barrelling is lawful or unlawful, and whether it is ethical
the conduct associated with the practice of pork barrelling could constitute corrupt conduct under the provisions of the ICAC Act
ministerial discretionary power in relation to grant funding is at large, or whether it is subject to constraints and conditions by operation of the Rule of Law and, if so, the circumstances in which constraints or conditions exist or operate.
In relation to the third point above, the panel will also canvass whether regulation of grant funding programs by statutory instrument is necessary to ensure, in the public interest, that public monies are only expended for public purposes, and the safeguards that are necessary in the public interest to prevent breaches of public trust arising in the course of such programs.
The panel will be moderated by prominent journalist and author Kerry O’Brien and, in addition to Chief Commissioner Hall, will comprise subject matter experts including:
Professor Anne Twomey, Professor of Constitutional Law and Director, Constitutional Reform Unit, University of Sydney
the Hon Joseph Campbell, Adjunct Professor at the University of Sydney and former judge of the NSW Court of Appeal
Dr Simon Longstaff AO, Director of the Ethics Centre and Adjunct Professor of the Australian Graduate School of Management at the University of NSW
NSW Deputy Auditor General Ian Goodwin
Professor AJ Brown, leader of the Centre for Governance & Public Policy’s public integrity and anti-corruption research program, and professor of public policy and law in the School of Government & International Relations, Griffith University.
As the Commission is ultimately accountable to the NSW Parliament, the forum will be held at a room in Parliament House, commencing at 10.00 am, and will run for approximately three hours. It will be live streamed and will be accessible from the Commission’s website at www.icac.nsw.gov.au.
Following the forum, the ICAC will prepare and issue a report setting out its views on pork barrelling, including whether and how it relates to corrupt conduct, in due course. Transcript and video of the forum discussion are also intended to be made available.
