CHAPTER 17
INTRODUCTION TO PART 3
OVERVIEW OF PART 3
Part 3 of this Report contains my detailed findings on the Terms of Reference.
Term of Reference I
"Whether there was due diligence by Government representatives prior to the signing of
agreements for construction of stages 1 and 2 of the project."Chapters 18 to 22 address Terms of Reference I and II together by examining due diligence in
Stage 1 of the Hindmarsh Stadium Redevelopment Project.Term of Reference II
"Whether due diligence was applied subsequent to the commitment to stages 1 and 2, including whether the Crown Solicitor’s advice as described on page 12 of the 33rd report of the Public Works Committee, August 1996, was adhered to."
Chapters 23 to 26 address Terms of Reference I and II together by examining due diligence in
Stage 2 of the Hindmarsh Stadium Redevelopment Project.Term of Reference III(a)
"Whether undue pressure was placed on individuals leading to legal commitment by them on
behalf of sporting clubs or associations."Chapter 27 contains the detailed findings on Term of Reference III(a).
Term of Reference III(b)
"The present status of all relevant deeds of guarantee or other legal documents, the financial
status of the signatories and whether the legal agreements have created financial difficulty for any non-government persons or organisations."Chapters 28 to 36 address Term of Reference III(b). Chapter 28 contains the introduction to these
chapters. Chapter 29 presents a historical overview that groups the relevant legal documents according to the phases of the redevelopment. Chapters 30 to 35 contain a detailed examination of each material document and identify the specific financial obligations created or altered by each document.Chapter 36 considers the financial status of the Soccer Federation and the NSL Clubs and the
contribution of the legal relations created by the documents to the financial status of the Soccer Federation and the NSL Clubs.Term of Reference IV
"Whether there were any conflicts of interests or other imprudent or improper behaviour by any person or persons, Government or non-Government, involved with the project, and whether the appropriate processes were followed in relation to –
(a) the planning stages of the project;
(b) the awarding and monitoring of consultancies;
(c) the tendering process;
(d) the letting of contracts;
(e) the construction of the stadium; and
(f) the ongoing management of the stadium."
Chapters 37 to 40 address Term of Reference IV. Chapter 37 contains an overview of the following
two chapters.Chapters 38 and 39 address the first part of Term of Reference IV: Whether any person involved in
the project had a conflict of interest. Chapter 38 addresses conflicts of interest of Government representatives. Chapter 39 addresses conflicts of interest of non-government persons.Chapter 40 addresses the second part of Term of Reference IV: Whether the appropriate processes
were followed during the various phases of the redevelopment project.