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. 09 / 03 / 2020 ( 10 ) Transcript produced by Epiq 942 INQUIRY UNDER SECTION 438U OF THE LOCAL GOVERNMENT ACT BLUE MOUNTAINS CITY COUNCIL Public Hearing Held at Blue Mountains Cultural Centre 30-32 Parke Street, Katoomba, NSW On Monday, 9 March 2020 at 10.00am (Day 10) Before Mr Richard Beasley SC, Commissioner

Transcript - 9 March 2020...Mar 09, 2020  · that investigation and prepared a report dated 19 March 2018. That report is also the subject of an unresolved claim for legal professional

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Page 1: Transcript - 9 March 2020...Mar 09, 2020  · that investigation and prepared a report dated 19 March 2018. That report is also the subject of an unresolved claim for legal professional

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INQUIRY UNDER SECTION 438U OF THE LOCAL GOVERNMENT ACT

BLUE MOUNTAINS CITY COUNCIL

Public Hearing

Held at Blue Mountains Cultural Centre

30-32 Parke Street, Katoomba, NSW

On Monday, 9 March 2020 at 10.00am(Day 10)

Before Mr Richard Beasley SC, Commissioner

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THE COMMISSIONER: Good morning, everyone.

I am going to give a very brief opening statement and then Mr Glover will give an opening statement before there are any witnesses.

On 27 June 2018 the Honourable Gabrielle Upton MP, the then Minister for Local Government, appointed me to conduct a public inquiry into the Blue Mountains City Council. That appointment was made under section 438U of the Local Government Act. That provision empowers the minister to appoint a person to act as Commissioner in order to hold a public inquiry and report to the minister in respect to: (a) any matter relating to the carrying out of provisions of the Local Government Act or any other Act conferring or imposing functions on a council; and, (b), any act or omission of a member of council, an employee of a council or any person elected or appointed to any office or position under the Local Government Act or any other Act conferring or imposing functions on a council, being an act or omission relating to the carrying out of the provisions of the Act concerned, or to the office or position held by that person/employee under the Act concerned or the functions of that office or position.

The role of the inquiry is to inquire into and subsequently report on nine terms of reference that relate to the governance of the Blue Mountains City Council, and, in particular, in relation to matters concerning asbestos management, certain employment working environment and organisational structural issues.

The terms of reference require investigation into the conduct of the council, in general, the senior staff, and its governing body, the elected councillors. The issues being examined, relevantly for now, asbestos management dating back to 2012, are to be inquired into by reference to the guiding principles, roles and obligations on the council and the governing body provided for at the relevant time and the variation provisions of the Local Government Act.

During 2017, certain allegations were made regarding the asbestos management of the council by the Blue Mountains Gazette newspaper. In early November 2017 further matters were raised about asbestos management by the council in that paper. Allegations were also made

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concerning this issue and the recruitment of certain staff on a commercial radio station on a show hosted by Mr Ray Hadley.

On 14 November 2017, the council unanimously resolved to instruct its solicitors to engage an independent investigator to investigate and report on the allegations regarding asbestos management.

On the same day the council also resolved to appoint an independent investigator to inquire into and report on allegations regarding the recruitment of certain staff and the engagement of contractors. The council advised the Office of Local Government of its intention to engage these independent experts.

On 20 November 2017, staff from the Office of Local Government met with the council's acting general manager and its solicitor, Mr Cork, to discuss these matters, and were also advised of investigations being undertaken by SafeWork NSW and the environmental protection authority.

On about 16 November 2017, McPhee Kelshaw solicitors, through Mr Cork, engaged Mr Michael Tooma, a partner in the law firm Clyde & Co, to conduct an investigation into asbestos management by the council. Mr Tooma is a specialist health and safety lawyer with expertise in occupational health and safety investigations. Terms of reference for Mr Tooma's investigation were finalised in December 2017.

Mr Tooma conducted an investigation and provided the council with four reports outlining his findings and recommendations as follows: interim report number 1 concerning asbestos management at the Lawson Carpark and Lawson Mechanics Institute and Depot dated February 2018; interim report number 2 titled "Identification of Asbestos Identification Contaminated Material at the Former Blackheath Tip Site and Access to That Site Once Asbestos Was Known" also dated February 2018; interim report number 3 titled "Council's Approach to the Model Asbestos Policy, Development of Its Asbestos Management Plan, Asbestos Registers, Council's Response to SafeWork Notices, Victimisation Allegations and WHS Consultation" dated March 2018; and a final report dated March 2018 titled "Blue Mountains City Council Independent Asbestos Investigation".

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There is an unresolved claim of legal professional privilege made by the council in relation to these four reports and I will not refer to them further now.

I note in passing, however, there is no doubt it was originally the council's intent that these reports would be made public. They informed the then minister of this in a letter dated 20 December 2017, which is already in evidence in hearings relating to term of reference 4.

On the same date that Mr Tooma was engaged, the council's solicitors also engaged Ms Scarlet Reid, a partner in the law firm McCullough Robertson, to conduct an investigation into allegations concerning the engagement or employment of Mr Mulligan and of Mr Hargreaves and related matters. Ms Reid is a specialist employment lawyer with expertise in workplace investigations. Ms Reid conducted that investigation and prepared a report dated 19 March 2018. That report is also the subject of an unresolved claim for legal professional privilege.

On 12 December 2017, the minister issued the council with a notice of intention to suspend it, but invited the council to make a submission as to why this should not occur. The minister's letter to the council set out five reasons as to why the minister was of the preliminary view that council should be suspended. They were as follows: (1) that council had failed to comply with obligations under the Work Health and Safety Act and the Work Health and Safety Regulations in relation to asbestos management issues; (2) there were significant reputational, legal and public health and safety risks facing the council in relation to the management of asbestos; (3) issues identified and regulatory action taken by SafeWork and the EPA were indicative of a systemic problem in managing asbestos; (4) community confidence in the council's capacity to address the management of asbestos was needed to be restored; (5) the council required a period of independent governance to oversee investigation of past actions and the implementation of future strategies to ensure that the council meets its legislative responsibilities in relation to asbestos management.

The council provided the minister with a submission dated 20 December 2017 addressing the notice of intention to suspend, in which it responded to these five matters and

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argued that suspension was not the best way forward. It provided an outline of organisational reforms in relation to the management of asbestos, informed the minister of the Tooma and Reid investigations and contended that the asbestos management issue should be resolved by the minister issuing a performance improvement order under the Local Government Act, rather than suspending the governing body.

On 22 January 2018, the minister issued the council with a performance improvement order under section 438A of the Local Government Act. Five reasons were given for that order which all related to the management of asbestos in similar terms to the minister's letter indicating a preliminary view concerning suspension. The action required under the order included the council implementing all recommendations arising from what were described as "two independent investigations initiated by council by resolution on 14 November 2017 regarding asbestos management and organisational matters" and "investigations being undertaken by SafeWork and the EPA".

In February 2018, Mr Hadley raised certain further allegations on air concerning Mr Tooma's "relationship" with Mark Mulligan. Mr Mulligan is a former consultant to and then an employee of the council.

It would appear that, at least partly because of this, the then minister issued another notice of intention to suspend the council on 14 February 2018. On 22 February 2018, the council issued proceedings in the Supreme Court of New South Wales seeking an injunction to prevent the minister from suspending it.

An interim junction was granted by a single judge of the court. The minister appealed to the Court of Appeal. That appeal was successful and on 20 June 2018, the injunction was set aside - see minister for Local Government v Blue Mountains City Council [2018] NSWCA 133. No further action, however, has been taken to suspend the council.

Asbestos management issues are raised in terms of reference 1, 2, 5, 7 and 9, which I will discuss further shortly. However, as the regulators, such as SafeWork and the EPA, were conducting investigations into the management of asbestos by the council, I determined shortly after this

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inquiry was established that it would be inappropriate for me to inquire into matters that were germane to their investigations, particularly in light of the powers those authorities have to commence enforcement proceedings. Those investigations are now complete. No proceedings have been commenced by the EPA against the council.

SafeWork did charge the council under various provisions of the WH&S regulations. Allegations were made by SafeWork that between 8 November 2016 and 31 August 2017 the council: failed to ensure an asbestos register was kept at two workplaces, in breach of clause 425(1) of the regulation; failed to ensure a written asbestos management plan was prepared for two workplaces, contrary to clause 429(2) of the regulations; failed to ensure that analysis of a sample of material was taken to determine if asbestos or asbestos-containing material was present, contrary to clause 479(1) of the regulations; and failed to ensure workers who may be involved in asbestos-related work were trained to identify and safely handle such material and suitably control such material in breach of clause 445(1) of the regulations.

The allegations referred to above were not resolved in a court. Rather, pursuant to part 11 of the WH&S Act the council offered enforceable undertakings, which were accepted by SafeWork on 9 December 2019. The enforceable undertaking document will no doubt form part of the evidence in this inquiry.

Term of reference 4 for this inquiry was in its own category. It required me to inquire into and report to the minister with respect to whether in exercising its functions pursuant to sections 23 and 24 of the LGA, the council's process of engaging Clyde & Co and McCullough Robertson lawyers, through McPhee Kelshaw solicitors, including with respect to management of any conflicts of interest, to conduct independent investigations into asbestos-related incidents and employment issues respectively, was in accordance with the guiding principles in sections 8A(1)(b), (h), 2(e) and 8B and the role of the governing body in sections 223(1)(c) and (l) of the LGA.

Hearings in relation to term of reference 4 took place commencing in April last year. An interim report was provided to the minister and was then tabled in Parliament.

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Unfortunately, as a result of allegations that I had, at a minimum, been misled by witnesses in evidence during those April 2019 hearings, further hearings took place in relation to term of reference 4 and a supplementary interim report was provided to the minister and tabled in Parliament.

Terms of reference 3, 6 and 8 relate broadly to employment and organisational structure issues. As will be explained, term of reference 6, however, in particular, may be of relevance to the hearings about to commence.

Hearings in relation to term of references 3, 6 and 8 took place in July and September last year. A further interim report dated 14 January 2020 was provided to the minister, which has now also been tabled in Parliament.

In the balance of this opening statement, I do not intend to refer to factual matters specifically, or to any witnesses that might be called or evidence tendered in the hearings about to commence. I will leave that to Mr Glover, who is counsel assisting. I will instead restrict myself to the terms of reference themselves and my construction of them. It is those terms and the relevant provisions of the Act referred to in them that determine what precisely is to be inquired into, as well as placing a limit as to what can lawfully be inquired into.

Term of reference 1 provides that I am to inquire and report into whether: in exercising its functions pursuant to sections 23 and 24 of the Local Government Act, the council and its governing body has since 2012 dealt with and is dealing with asbestos management issues at the council in accordance with the guiding principles in sections 8A(1)(a), (c) and (2)(c) and (e) and the role of governing body in sections 223(1)(a), (b), (d), (g), (h) and (l) of the Act.

To make sense of this term, a determination first needs to be made as to the meaning of the phrase "the council and its governing body". "Governing body" presents no difficulty - that is a reference to the elected councillors. The provisions referred to in sections 223 of the LGA relate to their responsibilities as councillors for leadership, effective control of council affairs, acting in accordance with council's plans and strategies and regulatory functions, reviewing the performance of council

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and ensuring that the council acts honestly and efficiently.

The words "the council" might be a reference to any member of council staff, rather than managerial or senior staff, but such an interpretation would be at odds with the legislative provisions referred to in the term.

Section 24 that is referred to provides that a council "may provide goods, services and facilities and carry out activities appropriate to the current and future needs of its local community and the wider public subject to this Act, the regulations and any other law".

Sections 8A(1)(a) and (c) and (2)(c) and (e) are part of the guiding principles for councils relating to, (a), strong and effective representation, leadership, planning and decision making; (c), strategic planning; (2)(c) long-term and cumulative effects of actions, and (2)(e) transparent and accountable decision making. All of these provisions tend to relate to responsibilities and roles of the more senior persons in the organisation, with leadership roles such as managers and senior star.

Finally, the phrase "asbestos management issues" - emphasis on management - itself provides guidance that the term requires inquiry into the management level of council and not all staff that might have had some role, however minor, into asbestos.

Term of reference 2 requires me to investigate and report into whether: in exercising their functions pursuant to part 2 of chapter 9 of the Local Government Act, the mayor and councillors of the council have since 2012 exercised and are exercising a reasonable degree of care and diligence in dealing with asbestos management issues at the council in accordance with section 439(1) of the Local Government Act.

This term of reference is limited to examining the role of the councillors in relation to the management of asbestos since 2012, and whether they have acted honestly and exercised reasonable care and diligence as required of them under section 439 (1) of the Act.

Term of reference 5 requires me to inquire into and report on whether: in exercising functions pursuant to

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section 24 and part 3 of chapter 13 of the LGA, the council and its governing body has since 2012 made funding decisions so as to address asbestos management in accordance with the guiding principles in sections 8A(1)(b) and 8B and the role of the governing body in sections 223(1)(c) and (l) of that Act.

Section 8B of the LGA relates to the principles of sound financial management that are expected of councils. Apart from this provision, and the others of the LGA referred to, the fact that this term relates to "funding decisions" means that the term is limited to examining the conduct of those with responsibility for making funding decisions in relation to asbestos management. That will obviously not be every member of staff.

Term of reference 6 requires me to inquire into and report on whether: in exercising functions pursuant to parts 1 and 2 and chapter 11 of the LGA the council and its governing body since 2012 has facilitated and is facilitating a consultative and supporting working environment in accordance with the guiding principles in section 8A(1)(i) and the role of the governing body in section 223(1)(i), (j) and (l) of the Act.

This term is relevant to the employment engagement issues the subject of the interim report dated 14 January 2020. However, it may be that this term - and, in particular, the facilitation of a supportive and consultative working environment - will be relevant to the asbestos management issues. If the evidence demonstrates this, findings will be made.

Term of reference 7 requires me to inquire into and report on whether: in exercising its functions pursuant to sections 23 and 24 of the LGA, the council has cooperated and is cooperating effectively with State Government agencies in addressing asbestos management issues in accordance with the guiding principles in section 8A(1)(e) and the role of the governing body in section 223(1)(l) of the Act.

This term is largely self-explanatory and will require evidence from both SafeWork and the EPA in relation to whether there was an appropriate level of cooperation from the council with the State Government agencies. Evidence will be called from appropriate witnesses.

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Term of reference 8 requires me to inquire into and report on whether: in exercising functions pursuant to parts 1 and 2 of chapter 11 and part 2 of chapter 13 of the LGA, the governing body and the senior staff at the council has determined, reviewed and redetermined an appropriate organisational structure and resource allocation in accordance with the guiding principle in section 8A(1)(c), (2)(c) and the role of the governing body in sections 223(1)(g), (h) and (l) of that Act.

This term of reference was also the subject of findings in the 14 January 2020 interim report. It is possible, however, that "organisational structure and resource allocation" may be of relevance to matters in relation to asbestos management. If so, findings will be made.

Term of reference 9 requires me to inquire into and report on whether: in exercising its functions pursuant to sections 23 and 24 of the LGA, the response of council and the governing body to the asbestos management issues raised in 2017 has been and is in accordance with the guiding principles in section 8A(1)(a) and the role of the governing body in sections 223(1)(b), (g), (h), (k) and (l) of that Act.

This term of reference raises much the same issues as the other terms relating to asbestos management, although it seems to direct the inquiry more specifically to the response of the council and the councillors to asbestos management issues since 2017. That is, since allegations of mismanagement became public, rather than looking at factual matters in the period 2012 up to 2017.

It is important briefly to note some other matters of concern in the terms of reference and about the nature of this kind of public inquiry generally. The terms of reference are not a pleading. An inquiry such as this one is not established in order to "prove a case" in the way that phrase might be understood in a proceeding before a court.

This is an administrative inquiry. In essence, it's an investigation established to make findings of fact and, if necessary, recommendations, but not to finally determine legal rights. Any findings of fact made are ultimately

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only expressions of opinion. An inquiry such as this one can make recommendations to the minister, but those recommendations are not binding on the minister and the inquiry itself cannot implement any recommendations it might make. This is precisely the same for a Royal Commission as it is for an inquiry like this under section 438U of the LGA.

Given that this is an administrative inquiry, the Rules of Evidence do not apply. The Rules of Procedural Fairness, however, do. Findings of fact, of course, should be made rationally and in accordance with proper standards of satisfaction that may vary, depending on whether the asserted factual matter is adverse to the interests of any person.

Except for section 13 and division 2 of part 2, the provisions of the Royal Commissions Act of New South Wales apply to this inquiry. Amongst other things, this means that persons may be summonsed to give evidence at the hearings and to produce documents. Partly because of this, shortly after the minister appointed me as Commissioner for the inquiry, I appointed Mr Angus Broad of the Office of Local Government as officer assisting. Following this, the minister for Local Government appointed Mr Ross Glover of the New South Wales Bar as counsel assisting the inquiry.

Several persons have been summonsed to appear at the public hearings over the next three to four weeks. A huge number of documents have also been provided in response to summonses or provided voluntarily. The inquiry has developed a general practice direction which was based on similar such general directions made for other inquiries.

That practice direction provides that Mr Glover as counsel assisting is responsible for choosing the witnesses that will be called to give evidence to the inquiry and the order in which those witnesses will be called. He is also responsible in the first instance for tendering documentary evidence.

The practice direction also contemplates the granting of authorisation of legal practitioners to appear for persons with sufficient interest in the inquiry in order to represent the interests of those persons at the public hearings. Shortly after the minister determined that this inquiry take place, submissions were sought from the public

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in relation to the terms of reference. Several persons or entities were specifically invited to make submissions. This approach is consistent with the nature of this kind of inquiry. The hearings are generally public and active community and interested group participation is to be encouraged.

A number of submissions have been received. Some or all of those submissions may ultimately be tendered by Mr Glover at the public hearings if he considers them to be relevant.

Before asking Mr Glover to make his brief opening statement, I should mention one further matter. On 15 January 2020, I received two letters from Mr Tim Hurst, the Deputy Secretary of Local Government Planning and Policy. He referred to a code of conduct complaint made by the council concerning Councillor Brown that related to comments she made in late 2018 and early 2019 on Facebook and the Ray Hadley show, and for the purposes of an interview with the Blue Mountains Gazette, which published the comments.

The comments relate generally to the council's management of asbestos and the performance improvement order made by the minister in January 2018. Mr Hurst referred this matter to me as falling within term of reference 2. I agree that it does.

Councillor Brown and the council's general manager Dr Dillon were provided with a copy of Mr Hurst's letter to me by him at the same time I received it, and Councillor Brown has made a submission to the inquiry.

The second letter of 15 January 2020 from Mr Hurst also relates to a code of conduct complaint made by the council concerning Councillor Brown. This relates to her alleged refusal to hand back the Tooma and Reid reports over which legal professional privilege is claimed and over which the council asserts confidentiality. This matter also seems to relate to term of reference 2. Councillor Brown and Dr Dillon also received this letter and Councillor Brown has addressed this matter in her submission, as well as indicating that she wishes to give oral evidence.

Finally, given this inquiry has concerned allegations

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of conflict of interest, I wish to put these matters on the record again: I do not know any member of the governing body of the Blue Mountains City Council or its staff; I have not performed any legal services for the council. Outside of appearances at this inquiry, I do not know Mr Cork, Mr Tooma or Ms Reid. As far as I am aware, I do not know any person summonsed to appear in this inquiry or any person who might be considered to have an interest in it beyond the interest that might be had by a member of the general public.

Mr Glover.

MR GLOVER: If we go this round of public hearing scheduled for the next 3 to 4 weeks, 2, and 9, to the extent which is relevant to 6 and 8 which were the subject of consideration during these hearings last year may also arise in the context of the wider issue of asbestos management. They will fall to be considered in this round of hearings. I'll come to the details of the terms of reference in due course. The context in which this inquiry takes place is that during the latter part of 2017 concerns began being raised in the media about council's approach to asbestos management. I don't need you to go to this at the moment. That appeared in the Blue Mountains Gazette in July 2017 2018 reporting on the actions of SafeWork - in particular in relation to the requirement for the council to develop an asbestos management plan. We'll come to those circumstances shortly.

At page 4 of exhibit 1 is a further article from the Blue Mountains Gazette, this time in November 2017 and reporting on issues concerning what has been described as the Lawson stockpile site, and I'll come to the detail of that later as well.

As you've noted allegations about the council's asbestos management practices were also aired by Mr Hadley on his radio show between about 9 November 2017 and 22 February 2018. Some of the transcripts of those allegations are already in evidence and it may be some others are referenced during these hearings. It would appear that an inspection by SafeWork of the council's Springwood works depot on about 15 May 2017, prompted that media interest and brought the issues concerning the council's management practices to prominence.

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Following that inspection, SafeWork issued the council with an improvement notice on 22 May 2017.

THE COMMISSIONER: Is that called the general bundle.

MR GLOVER: That would probably be the general bundle.

THE COMMISSIONER: Is that headed BMCC-SPP-15.4?

MR GLOVER: Page 1727.

THE COMMISSIONER: You keep talking.

MR GLOVER: That's an email from Mr Maddaford, M-A-D-D-A-F-O-R-D, to Mr McKay of 22 May 2017 attaching an inspection report and an improvement notice following a visit on 15 May 2017. Do you have that?

THE COMMISSIONER: I do, and I've just worked out a way of finding things quicker.

MR GLOVER: In the first paragraph Mr Maddaford, senior inspector at SafeWork attaches an inspection report. If you go to 1729, an improvement notice, and the date is at about point 9 of the page, 22 May.

THE COMMISSIONER: Yes.

MR GLOVER: At about point 6, these are the directions that the council had to take in responding to this improvement notice. Number 1: you must as far as reasonably practicable ensure the health and safety of workers and other persons by developing, documenting, implementing and maintaining an asbestos management plan.

THE COMMISSIONER: Yes, I see that.

MR GLOVER: That's the first of the notices issued in 2017. This one in particular was later amended and the time for compliance was extended by agreement with SafeWork. Nothing turns on that at the moment.

THE COMMISSIONER: This entirely relates to Springwood works depot.

MR GLOVER: It does, but the asbestos management plan you will see is for council, council-wide. So that followed

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the inspection on 15 May and that's what appears in at least 2017 to prompt bringing issues concerning the council's asbestos management practices to prominence in that time period.

THE COMMISSIONER: And this required these four matters to be completed by 21 July 2017.

MR GLOVER: It did and, then, with the approval of SafeWork that time for compliance was extended and evidence will be given about that in due course.

MR GLOVER: Following 15 May and through to early 2018 SafeWork conducted a number of inspections at various council facilities and issued a variety of notices. They will be put into evidence. There is a bundle of SafeWork notices, but they appear in various places as well. I don't need to go to them at the moment.

THE COMMISSIONER: I haven't got the WH&S Act in front of me, but these notices are issued under section 19 and these are fairly, what, standard notices that are provided to anyone, including an entity like a council for dealing with asbestos - well, it doesn't have to be dealing with asbestos, any hazardous material.

MR GLOVER: Or any issue arising under the Act.

THE COMMISSIONER: Any work health and safety issue.

MR GLOVER: Yes. There are some in the SafeWork bundle that don't really relate to the terms of reference but they have crept their way in there. I think there is a noise issue where the securing of an overhead bulkhead issue.

THE COMMISSIONER: We've got enough terms of reference.

MR GLOVER: Before going to the background, I was going to touch on the provisions of the WH&S Act 2011 so if it's convenient to take that up.

THE COMMISSIONER: It would be - the internet seems to have dropped out again on my computer. I'll get that Act up on my phone. I have that legislation in front of me.

MR GLOVER: This Act commenced on 1 January 2012 and to the extent or in the context of this inquiry, the

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notices --

THE COMMISSIONER: What did it replace?

MR GLOVER: There was a WHS Act.

THE COMMISSIONER: This consolidated a few Acts, did it?

MR GLOVER: As I understand it. THE COMMISSIONER: Mr Cork's right, this was part of a nation-wide approach to legislating WHS matters. So the notices primarily refer to sections 19 and 20 of the Act so if one goes to section 19, that sets out the primary duty of care of a person conducting a business or undertaking. I just note before going any further that a person conducting a business or undertaking is defined in section 5, and this is of significance in the terms of reference. Subsection (5) of section 5 provides an elected member of a local authority does not in that capacity conduct a business or undertaking. So when one is looking at provisions which direct duties or obligations --

THE COMMISSIONER: It's to the council not to a member of the governing body.

MR GLOVER: Correct, that's right, yes. And all of the notices that arise are directed to the council itself.

There are some general concepts in subsection (2) of section 19. A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business, et cetera.

Subsection (3) provides some inclusive examples of what that includes. Subparagraph (c), the provision of maintenance of a safe system of work; (d) the safe handling and storing of hazardous substances, etc, and (f) the provision of any information, training, instructions, supervision, et cetera. Those are the types of things that fall within the primary duty of care in section 19.

The notices also refer to section 20. This is directed to the duty of persons conducting business or undertakings involving the management or control of

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workplaces. Subsection (2), similar concepts:

The person with management or control of a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and exiting the workplace and anything arising from the workplace are without risks to the health and safety of any person.

It's in the regulations where one finds more detail concerning in particular asbestos, one goes to the health and safety regulation 2011.

THE COMMISSIONER: Just let me go to the regs, then. Yes, I have the regs.

MR GLOVER: Whilst the notices refer to some other clauses, it starts at 419.

THE COMMISSIONER: There's something wrong with an Act when it has that many. Yes, I have that.

MR GLOVER: 419 is the general prohibition on a person conducting a business or undertaking must not carry out, orDirect or allow a worker to carry out, work involving asbestos. Subparagraph (3) provides an exception and (d), for example, removal or disposal of asbestos or ACM, including demolition, in accordance with this regulation,That would be one example in which one could do asbestos related work. Clause 420:

A person conducting a business or undertaking at a workplace must ensure that:(a) exposure of a person at the workplace to airborne asbestos is eliminated so far as is reasonably practicable, and(b) if it not reasonably practicable to eliminate exposure to airborne asbestos—exposure is minimised so far as is reasonably practicable.

THE COMMISSIONER: These are all offences. If you breach one, you're guilty of an offence under 2.

MR GLOVER: That's right. For example, subparagraph (2)

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of clause 420, a person with management or control of a workplace must ensure, so far as is reasonably practicable, that all asbestos or ACM at the workplace is identified and not exceeded. Then there are some penalties that apply there.

Part 8.3 of the regulations sets out how one goes about managing asbestos and associated risks, and this is relevant to the various notices that were issued. Clause 422, a person with management or control of the workplace must ensure so far as reasonably practicable that all asbestos or ACM are identified by a competent person. A competent person is defined back in regulation 5 in general terms as someone who has appropriate expertise or training.

425, for example, that's the requirement to have an asbestos register prepared and kept at the workplace. You will hear some more about that. 426, the register must be reviewed and revised. 427 provides how one must provide access to the register, significantly must ensure that the asbestos register is readily accessible to a worker who has carried out, or intends to carry out work at the workplace. 429, and this is relevant to the first of the notices that we saw a moment ago - asbestos management plan. If there is asbestos or ACM identified at the workplace, or likely to be present at the workplace from time to time, a person with management or control must ensure that a written plan for the workplace is prepared and maintained to ensure that the information in the plan is up-to-date.

And 430, must be reviewed.

THE COMMISSIONER: Yes.

MR GLOVER: Jumping ahead to 435, there will be some evidence about health monitoring and 435 provides a duty to provide health monitoring to certain workers. And 445 sets out the duty to train workers about asbestos.

THE COMMISSIONER: 445?

MR GLOVER: 445. They are just some examples of the provisions both in the Act and the regulations to which there were various notices issued by SafeWork, some of which were directed. Coming away from the Act and back to the bundle at page 1401 --

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THE COMMISSIONER: Safework, how to manage and control asbestos.

MR GLOVER: That's right. This is a useful document for a couple of reasons.

THE COMMISSIONER: This is SafeWork Australia. MR GLOVER: Yes. There's a later version of this document issued by SafeWork New South Wales. This is part of the nationwide approach. There is a later version, later in 2016, but nothing turns on that for this purpose.

This is a useful document for a couple of reasons. Could I take you to page 1404. This identifies the codes of practice like this one now take on significance in court proceedings. I appreciate this is not a court proceeding, but that demonstrates that one can place some reliance on this. About halfway down that page, the paragraph commencing "Codes of practice are admissible under the WHS Act and regulations", and "The court may: (a) have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and (b) rely on the code in determining what is reasonably practicable in the circumstances to which the code relates".

That's drawn from 274 and 275 of the WHS Act.

THE COMMISSIONER: Thank you.

MR GLOVER: Moving forward, and I won't go through the detail of this or the later version, but at page 1407 there is a summary of the duties and over the pages that follow the duties of various persons conducting business or undertakings both in general and in control of the management of the workplace, and 1413, one sees down the left-hand side of the page there's references to regulations.

THE COMMISSIONER: They are regulations of the Act.

THE COMMISSIONER: Yes. Then there is some commentary on the types of things that are involved in managing risks and how one goes about defining those duties. So that's a useful document in the context of examining the obligations

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imposed by the Act and what the regulator considers is an appropriate response to them.

I'm going to come to the background facts now, and I'm going to do that primarily through the chronological bundle. I just want to say a couple of things about that bundle. It is not intended to convey each document in light of the issues that arise in the hearings. It's intended to capture examples of documents that record what was happening from time to time. Other documents will be tendered, and the parties will be aware that to the extent they consider the document is to be permitted, they can bring that to the inquiry's attention.

Page 4 of that bundle, right back to the beginning, the risks and issues that are created by asbestos or asbestos-containing material are now well known. In November 2010 the New South Wales Ombudsman issued a report entitled "Responding to the asbestos problem: the need for significant reform in New South Wales". To the extent that it's required, at page 15 of that report, there is a useful summary of the use of asbestos in Australia and the history of its use, and at 17 a pithy summary of the effects of exposure to asbestos. Moving ahead to page 38.

THE COMMISSIONER: WH&S, harmonisation.

MR GLOVER: Yes. This was a report from April 2012 and a number of the terms of reference have a start date of 2012 and following.

THE COMMISSIONER: Was this prepared for the council or by the council?

MR GLOVER: For the council by Willis. At page 40 is the executive summary.

THE COMMISSIONER: Is this why the terms of reference date back to 2012, because this is the - you don't know the answer to that.

MR GLOVER: I didn't write the terms of reference, so I'm not sure, but it's a convenient starting point for the general background.

THE COMMISSIONER: You can't blame me either.

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MR GLOVER: Point 5, this is the background to the engagement.

THE COMMISSIONER: Point 5 of page 40, executive summary. Which paragraph?

MR GLOVER: The fourth paragraph, the Blue Mountains City Council --

THE COMMISSIONER: Gap analysis.

MR GLOVER: The answer to the question you posed a moment ago may well be --

THE COMMISSIONER: It's called the Occupational Health and Safety Act. This appears to have been commissioned as a result of the new Act.

MR GLOVER: To give the council an idea of what we need to do to get up to speed. Page 41, the section in the paragraph down, there are a number of high risks identified on the day of inspection.

THE COMMISSIONER: What do they inspect, though - all council sites that are thought to have asbestos?

MR GLOVER: Back to page 40, in that same paragraph, Willis conducted an audit over two days. This included a detailed review of existing OHS documentation maintained by BMCC and verification site inspections of the City Council offices and Springwood depot.

THE COMMISSIONER: Site inspections of council offices in the Springwood depot.

MR GLOVER: So not every facility, clearly not in the two days, but a detailed review they say of existing OHS documentation and verification site inspections.

On page 41 they record four high-risk identified on the day of inspection - high risk areas relate to management of asbestos which appears in point 1 and again in point 4. It notes that the asbestos survey had not been conducted within the last five years, and although one had been previously undertaken, results couldn't be located at the time of the audit so they couldn't determine the status of that.

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The last sentence in that paragraph records --

THE COMMISSIONER: What's the difference between a survey and an audit?

MR GLOVER: I think the survey being referred to is the asbestos survey. I think the audit being referred to is Willis's own auditing of WHS documentation referred to back in page 40 is how I read it. This is the last sentence of that same paragraph identified as significant risk to the council, and recommended that an asbestos survey is conducted on all buildings constructed prior to 2000.

In that same document, ahead to page 69 of the bundle, a table of recommendations, as it were, about halfway down the second heading under "Asbestos".

THE COMMISSIONER: Yes, this is upside down but go on.

MR GLOVER: In that second box there's reference to that same issue, and in the far column, the recommendation it be conducted as a high priority.

THE COMMISSIONER: So by April 2012 a complete survey is a high priority, an asbestos survey.

MR GLOVER: Correct. Page 96.

THE COMMISSIONER: Office of Division of Local Government.

MR GLOVER: At the time it seemed to be part of Premier and Cabinet, and in November the division of local government issued a model asbestos policy for New South Wales councils, and that was done on page 98, you'll see in conjunction with what was WorkCover New South Wales and in the second paragraph of that forward --

THE COMMISSIONER: What page?

MR GLOVER: Sorry, I am on page 98, the model asbestos policy is developed to assist New South Wales councils to formulate an asbestos policy and to promote consistent approach, et cetera. I don't need to take anyone to the detail of it but, as it suggests, it sets out a model policy that can be adopted to any particular council's needs.

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THE COMMISSIONER: Does this document cross-reference to the WH&S Act?

MR GLOVER: It does in parts of other Acts. For example, on page 150 is just one example towards the bottom of the page. There is reference to the work health safety regulations, so this takes the form of a policy document that could be adopted, so it doesn't set out chapter and verse the text of the Act, but it is directed to each of those duties, some of which I took you to a moment ago, and there are some other Acts as well.

Also in November 2012, and this is at page 166 --

THE COMMISSIONER: So this is the local government association that has developed this?

MR GLOVER: No, 166, circular to councils.

THE COMMISSIONER: I've got a guide to developing your council's asbestos policy.

MR GLOVER: I have that as 167.

THE COMMISSIONER: There's a covering letter 166.

MR GLOVER: Yes, so the circular letter to council headed from the chief executive of local government, and this is under the heading "Action". There are two points issued by the chief executive: Council are expected to formally adopt an asbestos policy and those who already have one are extremely encouraged to review it. That letter went to all councils. It later becomes a guideline under 23A of the Local Government Act, which requires council to have regard to it in developing policy. It's not mandatory for them to adopt it. Section 23A now requires them to have regard to it when developing their own policies.

Whilst I am there, at the same time the document at page 167 is a guide put out by the Local Government Association of NSW to assist councils to develop their own policy.

At page 194 - this email chain starts at page 195, but the effect of it is that in December 2012, quotes were being sought for the preparation of an asbestos register,

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so picking up on the Willis --

THE COMMISSIONER: I'm now looking at 195 --

MR GLOVER: 195, asbestos register. The email is from George Thompson to Nigel Johnson. This is just an exchange of correspondence between them and the quote itself appears at 196.

THE COMMISSIONER: Yes.

MR GLOVER: And the scope of works is set out at page 199.

What was being considered at that time was an asbestos materials inspection at each property, which is the first bullet point. The third bullet point is to prepare an asbestos materials register, and the fourth is provision of a management plan.

So in December there was consideration being given to engage an external consultant to undertake that work, picking up from what was highlighted by Willis. That didn't proceed at that time, and in February 2013 - this is at page 224 - this is the first of a series of memorandums that were drafted in relation to the issue of asbestos management at the Blue Mountains City Council. You will see in the first paragraph there is reference to the model policy and there is some background which I can pass over for the moment.

Under the heading "Context" there is reference to 456 buildings in the council asset register, of which over 80 are known to contain asbestos, so others are likely to contain asbestos.

THE COMMISSIONER: So of the 456 buildings, 80 definitely have asbestos but others might, is that how you read that?

MR GLOVER: Others might and indeed are likely.

THE COMMISSIONER: Others are likely, yes, you are right.

MR GLOVER: In the second sentence of that same paragraph reference is made to operating several internal systems to safely manage asbestos issues and that then amalgamating these systems will reduce duplication. So what appears to be referred to there is various areas within council having

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their own processes, and the need to have a council-wide process. That is picked up on page 225 by reference to the harmonisation gap analysis, and that is a reference back to the Willis report of 2012, and then the need to conduct a survey.

Then under "Actions and Timeline", there is a series of steps that are proposed to be taken for the successful implementation of the model asbestos policy. We don't need to go into the detail of those, other than to note them. I note in particular number 3, the preparation of asbestos management plan at that stage is scheduled for April or August of 2013.

I will just note at the moment that in February 2013, this is at page 226 and following, a quote was sought or obtained from Airsafe - and we'll hear a bit about Airsafe during these hearings - to conduct an asbestos survey of 40 buildings.

THE COMMISSIONER: Sorry, 226 is from Airsafe to the council, is it?

MR GLOVER: Yes. Keiran White is from Airsafe.

THE COMMISSIONER: Yes, and 227 is the fee appraisal, yes.

MR GLOVER: That's right. If one turns ahead to 233, this was to complete an asbestos audit register for 40 buildings.

THE COMMISSIONER: Right.

MR GLOVER: So the engagement of Airsafe to conduct that sort of work didn't proceed at that time, but it did some time later and we'll come to that shortly.

THE COMMISSIONER: Right.

MR GLOVER: Just before I forget, at page 244 I said a moment ago that there was a direction that the model asbestos policy be considered under section 23A of the Local Government Act, and that's at page 244.

THE COMMISSIONER: That relates to all policies, though, doesn't it?

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MR GLOVER: That's right. So we may have seen reference to 23A in another context already.

Page 248, this is now August 2013, another memorandum, the subject is "Asbestos Management Plan". In about the third paragraph down, under the heading "Background":

Following release of the MAP ...

I take that to be the model asbestos policy, indeed that is defined up the top:

... a review showed that the council departments have independently made every endeavour to identify and manage the risk of asbestos exposure. However, those systems/procedures/documents are not managed by an overarching plan and fall short of best practice.

Then there are some examples in the dot points of various independent processes that exist within the council. We are endeavouring to collate all of those and prepare a bundle of them. We have most of them.

As I said a moment ago, that is a reference to various parts of the council having their own processes and policies to deal with the issue of asbestos, but the council lacking an overall policy or strategy.

THE COMMISSIONER: Yes.

MR GLOVER: Then under "Process", seven steps are identified as how this is going to move forward. I won't go through those, but those seven steps will be referred to and tracked in some subsequent memoranda.

On page 253, there is a draft emergency asbestos management plan, so work was being done to develop an asbestos management plan.

THE COMMISSIONER: This is council doing this work?

MR GLOVER: That's right, yes. You'll see at the top there is a council logo and the heading on page 253 is "Blue Mountains City Council". This is in mark-up, so this is a draft version of the document which doesn't,

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ultimately, at least as I understand it, become adopted, but there is some work being done throughout 2013 to develop this policy.

Commissioner, Mr Singleton rightly reminds me, and I don't need to go back to it, at page 258 the context of the emergency policy was in the context of the fires that occurred at that time.

THE COMMISSIONER: I see. The 2013 fires, yes.

MR GLOVER: That would explain some context about why that was developed at that time. There was also other work going on in relation to asbestos policy generally, and 382 is an example. This doesn't have a date on it, but it's --

THE COMMISSIONER: It has "Last Revision 2013".

MR GLOVER: Yes, 2013. Beyond being 2013, quite when it is is not immediately clear, but it probably doesn't matter for the moment. This is a draft policy called "Asbestos Policy", and there is reference to associated policy documents. For example, under the heading "Objective", there is reference to an asbestos management plan associated with this policy. Under "Background" --

THE COMMISSIONER: It says the "asbestos management plan associated with this policy". Had that been developed yet?

MR GLOVER: No. So this is what appears to be a process of drafting which was intended to include a suite of documents when ultimately completed, and as ultimately happened some time later.

I don't need to go through the detail of it, but this is an example of what was happening at 2013 and picking up the point you made a moment ago --

THE COMMISSIONER: Just remind me what the difference is between friable and non-friable asbestos, is that how it breaks up?

MR GLOVER: Yes, that's right. Friable, there is a technical definition which I will get wrong if I attempt it, but it can be crushed and will produce respirable fibres. Non-friable is, for want of a better term, in good solid condition, not likely to produce respirable fibres.

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THE COMMISSIONER: Understood.

MR GLOVER: We will get a better explanation from someone with more expertise during the course of the evidence.

At the bottom of page 383, after the references to various clauses of the regulations, one can see what was being intended here was, as I have said a moment ago, to prepare a suite of policy documents to meet those requirements. The last sentence says that the asbestos policy is to be read in conjunction with an existing asbestos hazardous materials register and the asbestos management plan for the BMCC premises.

Heading to page 461, this is a memorandum dated 27 March 2014, "Asbestos Management Update". Do you have that?

THE COMMISSIONER: I do.

MR GLOVER: This is providing an update against the seven steps that were identified in the memorandum that we had a moment ago. You will see under the heading "Background", the first paragraph has reference to a list of procedures and policies contained within the original document; do you have that?

THE COMMISSIONER: I do.

MR GLOVER: If you wish to make a note, Commissioner, you'll find that list in that memorandum I took you to a moment ago at page 248 of the bundle.

THE COMMISSIONER: Thank you.

MR GLOVER: In the second paragraph under "Background", this is directed to where this process will end up, which is a review process coupled with the introduction of a model of asbestos policy will allow the council to streamline the process identify and address any gaps and further reduce the risk of exposure. This is what this project - my term not the council's - was directed to achieving.

Reporting back against the seven steps, under step 1 --

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THE COMMISSIONER: We had the document in February 2013, and then a year later it is just saying do the same thing?

MR GLOVER: Yes. Well, in fairness, I have pointed to some examples of work that was being done but, yes, we are still along this seven-step plan. There is a bit of context towards the bottom of page 461. Against step 1, Airsafe is the selected preferred company, "They will provide to council" - so that engagement hasn't happened, but it's about to shortly.

Step 2, "Airsafe will carry out an inspection". I said a moment ago that the engagement hadn't happened. The engagement had happened, but the reports hadn't yet been received and they start coming in in April 2014. So I was wrong when I said the engagement hadn't happened; that had happened, the reports just hadn't been received.

So Airsafe will carry out an inspection in the 42 buildings. Step 3, Airsafe will provide a report. So that engagement had happened and under the heading "Progress" on page 462:

To date the council has already completed steps 1 to 3.

THE COMMISSIONER: Yes.

MR GLOVER: It says that assets and city services are developing a plan of works based on the recommendations contained within the asbestos report. I'll come to that in a moment.

THE COMMISSIONER: There's a report from Airsafe at 464.

MR GLOVER: That's the first of them, yes, the first of a series of a number of them. This is the 10 April report. I'll go there now. At page 474, "Authorisation", an inspection report was authorised on 7 November 2013.

THE COMMISSIONER: I see, yes.

MR GLOVER: Then there's a site description of the council assets that were inspected.

What that produced ultimately, page 480 --

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THE COMMISSIONER: So this is, in effect, the survey that Willis had said you need to do? This is it?

MR GLOVER: Yes, this is the first. It was done in stages, Commissioner. There's a number of Airsafe reports, but this is the first one commissioned by an outside consultant. Page 480 is an example. I'm not going to go through all of them. Page 480 is an example of the register that was produced as a result of that survey or inspection - it gets various labels at various times.

For example, this is at the Blackheath pool. It identifies places where asbestos-containing material might be. It describes its condition and it refers to its label. Then you'll see the column "Control Measure" second from the right.

THE COMMISSIONER: Yes, I do.

MR GLOVER: If you just go back to page 479 --

THE COMMISSIONER: I see, yes.

MR GLOVER: It tells you what the control measures are.

On page 554, still part of the same report, it's a lengthy report, this is just an example of some of the recommendations that accompanied these types of inspection processes.

THE COMMISSIONER: Yes.

MR GLOVER: Warning signs, controlling maintenance work, awareness training, et cetera; I don't need to go to the detail of those in opening.

Finally, just to close out this report, and the other reports take the same form that we'll see shortly, there is a series of photos over the next number of pages of the identified material referred to in the report at various locations.

THE COMMISSIONER: Yes.

MR GLOVER: At page 661, this is September 2014, approval is being sought and is ultimately given to prepare the next

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stage of audits. The first one did a number of buildings or assets. Approval was being sought and obtained in September 2014 to go ahead with the next round. That ultimately happened --

THE COMMISSIONER: This gets back to my question. They are talking about doing audits. Is that just an interchangeable word with "survey"?

MR GLOVER: As I read it, the survey referred to way back in 2012 by Willis, and sometimes referred to as an audit, sometimes referred to as an inspection program.

THE COMMISSIONER: Anyway, this is stage 2.

MR GLOVER: Stage 2. The idea is to examine buildings or assets, identify whether it has ACM, its condition, and what, if anything, needs to be done about it. So stage 2, approval was sought in September. That was given and a report was ultimately issued in December.

Page 662, this is a nomination form for the council innovation awards in 2014. The significance of this is that there have been allegations made, I think also in certain sections of the media, that this award was given for developing an asbestos management plan which never in fact existed at the time. You may recall some of that evidence arising in the previous hearings. So this is the nomination form for that award. We'll explore this in some of the evidence coming, but you'll see the project title "Developing the Asbestos Management Plan through a Risk Management Approach".

THE COMMISSIONER: Yes. I suppose developing can refer to something that hasn't been finalised yet?

MR GLOVER: Yes. And, indeed, if one goes down --

THE COMMISSIONER: Although perhaps I shouldn't read it like I'd read a statute, but anyway.

MR GLOVER: Picking up on that point, under "Project Description" point 5:

Carry out asbestos audits on all council owned buildings in preparation for the review of information and implementation of

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the asbestos management policies ...

Et cetera.

THE COMMISSIONER: So the project title may differ from what the actual nomination is for?

MR GLOVER: That may be, and we'll explore this in the evidence, but the project title may give a suggestion it was to do something, but when one comes to the substance of the project description and objectives, it may not ultimately be as broad as might be first thought.

The next Airsafe report is at page 664, and that arrives in December 2014. On page 676, we'll see under "Authorisation", the second line, that was authorised back on 13 October, so fairly promptly after approval was sought, and under 1.3, "Site Description", they inspected 73 council assets and then produced a report which follows the same form.

THE COMMISSIONER: That's in addition to the 34 from previous?

MR GLOVER: That's right. So it's now over 100, and the report follows the same format. I won't take you through that.

MR GLOVER: Then page 1000, we are now in August 2015, and approval is sought for the third stage of what's called asbestos audits. That is given and a report is produced. We'll see that shortly.

At page 1001, this is an October 2015 report from Willis, which you've seen in another context, Commissioner.

THE COMMISSIONER: I have.

MR GLOVER: It appears in a different exhibit, but it's here for convenience.

At page 1004 --

THE COMMISSIONER: This is the Willis report that's already in evidence, technically?

MR GLOVER: It is, yes. I've just put it here for

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convenience. This was an engagement, as one sees on page 1004.

THE COMMISSIONER: This is what led to the safety improvement project?

MR GLOVER: Correct, that's right. They were retained in July 2015 to conduct an independent safety management review of the safety of the systems, et cetera.

If we go to page 1013, for the purposes of the opening, in the context of this inquiry, under the heading "Conclusion", the view taken by Willis in October 2015 was that the council was working towards developing a strong safety culture, fully led by senior management, and safety had seemed to be improving.

About halfway down that paragraph, rather than being managed centrally, the management of safety is largely left to individual departments and branches, and later down, the council manages safety in a reactive manner.

THE COMMISSIONER: That led to the business improvement project, the safety improvement project part of that. Who was employed before Mr Mulligan?

MR GLOVER: Mr Hargreaves, or there was Mr Shellshear.

THE COMMISSIONER: Mr Hargreaves was business improvement, and Mr Shellshear was safety. He resigned and then we got Mr Mulligan.

MR GLOVER: As a consultant at that stage, to develop a system at a high level, as we explored in previous hearings.

I just note in passing, page 1033 is an example of one of the policies that was in place and this is directed to the Blaxland Resource Recovery and Waste Management Facility. This is the handling and disposal of asbestos, the waste to landfill procedure, so consistent with some of those observations made in some of the earlier memorandum, there are examples of processes and procedures in certain parts of the council. That is one of them.

In November 2015, this is page 1041 --

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THE COMMISSIONER: Yes, another Airsafe report.

MR GLOVER: Yes, and 1051. They were retained in August 2015, and it involved an inspection of 58 council assets.

THE COMMISSIONER: I see that.

MR GLOVER: Once again, the report takes the same form as we've seen earlier.

In November 2015, there was a revised version of the model asbestos policy, and that's found at page 1303.

THE COMMISSIONER: This is the government revising its --

MR GLOVER: Yes, and by this stage it's the OLG's policy. I don't need to concern anyone with the detail of any changes at the moment.

THE COMMISSIONER: Were there any changes of real significance?

MR GLOVER: None that immediately leap to mind. In any event, it hadn't been adopted by the council at that stage. Now there is an accompanying guide by the Local Government Association. That's at 1375. At page 1469 --

THE COMMISSIONER: The guide is February 2016.

MR GLOVER: That's right. Page 1469 is another example of a circular to councils. It's in email form, but you'll see under the blue box, "Local Government", there is another --

THE COMMISSIONER: Where it has "Gabby Cohen", that is just who has printed this email, that's got nothing to do with it?

MR GLOVER: That's right. It is circular details, 15 April 2016, it goes to all councils. It identifies the updated policy and notes under the heading that the 2012 model asbestos policy issue is a guideline under 23A, and an update is provided to the councils to incorporate additional information into their existing policy.

Over on page 1470, the second page of that same document, it appears that there had been some funding

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provided through the Local Government Association to assist councils to develop policies using the model asbestos policy. That's at April 2016.

Page 1471, May 2016, this is a memorandum from Ms Cooper, the council's executive officer, to the executive leadership team concerning the policy control team risk analysis results. You'll see under "Background" there is a reference to the policy control team commencing work in May 2015, and its role to oversee the introduction and updates to the council policies, and that over the past 12 months, that is leading up to May 2016, the members of the team have been working on an organisation-wide audit of policies and their associated risk to the organisation. Do you see that?

THE COMMISSIONER: I do.

MR GLOVER: Then notation 2 - these are notations made by the group governance and risk steering group. You'll see the quote that the GRSG --

THE COMMISSIONER: What does that mean?

MR GLOVER: And a series of numbered paragraphs. Number 2 notes that the current status of policy in the organisation is generally being out of date and lacking historical oversight, et cetera.

Point 6 notes that priority 1 policies represent a significant risk to the organisation.

MR GLOVER: Accompanying that was another memorandum on page 1473.

THE COMMISSIONER: This is with the pyramid.

MR GLOVER: That's right. If one goes ahead to page 1477 --

THE COMMISSIONER: Who put the highlighting on this?

MR GLOVER: I don't know, Commissioner. If there is a clean version, I'm happy for it to be circulated.

Under the heading "policy gaps", there is a series of dot points following the policy gap areas as falling into

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priority 1 category for development, and there are a series of bullet points. Over the page, 1478, is asbestos.

Also under the heading "Issues Impacting Policy Development" is a series of examples of matters which, as the heading suggests, impact on the ability to drive policy development resourcing into organisation or cooperation, organisation cultural attitude, timing issues, et cetera.

Attached to that is a table. I don't need to take you to it, but it starts at page 1491, which identifies policy gaps and risk ratings attached to them.

1494 is asbestos policy given a high risk rating and a number 1 priority.

THE COMMISSIONER: What is C and CO again? City and community --

MR GLOVER: Outcomes.

Page 1516, in about July 2016, the peak safety steering group was created, and this is the charter dated August 2016.

THE COMMISSIONER: When did Mr Mulligan start again, was that September 2016? It was around this time, wasn't it?

MR GLOVER: I think there were some discussions in about August or September and he might have arrived in October. I'll have to double check those dates.

THE COMMISSIONER: It's in a report somewhere.

MR GLOVER: Under the heading "Purpose", we see the very purpose of this group and the responsibilities and, relevantly picking up on the memo from the policy control team, one of its functions was to consider submissions from the policy control team for the creation of new policy endorsement of policies and recommending drafting review policies, which will oversee the state of policy development, et cetera. That's about halfway down the page, the fourth dot point under that subparagraph.

At page 1528, I don't need to take you to the detail, but I have noted when I was referring to the earlier version of this document, there was a later code of

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practice on how to manage and control asbestos in the workplace, this time issued by SafeWork NSW.

THE COMMISSIONER: What page is that?

MR GLOVER: 1528.

THE COMMISSIONER: Yes, I have that.

MR GLOVER: The changes between the two are not material, but there is a later version, this time from September 2016.

At page 1600, this is a memorandum dated 12 December 2016, and it seeks approval to use the model asbestos policy issued by then the OLG as the template for the council's asbestos policy. That was approved, you'll see the handwritten notation, on 16 December 2016.

On page 1601, a draft work health and safety workplace asbestos procedure is then prepared.

THE COMMISSIONER: Yes.

MR GLOVER: Again, that seems to be part of the overall intention to be part of a suite of documents. Page 1604, references and related documents - there are references to an asbestos register, asbestos management plan and asbestos policy.

THE COMMISSIONER: Yes.

MR GLOVER: The asbestos register was being prepared through the Airsafe reports, but there hadn't been a management plan or policy implemented at that stage.

THE COMMISSIONER: We might take a break, if that is convenient?

MR GLOVER: Yes.

THE COMMISSIONER: We will take a break until 11.50. Take your time, but roughly how much longer do you think you'll be?

MR GLOVER: 45 minutes, an hour.

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THE COMMISSIONER: Okay. We'll adjourn until 11.50.

SHORT ADJOURNMENT

MR GLOVER: Commissioner, I was coming next to page 1611.

THE COMMISSIONER: Yes.

MR GLOVER: There you'll find what's headed a "Non-conformance Report" dated 2 February 2017. This is a report which sets out what the auditor considers to be some issues concerning asbestos management, or asbestos issues at the Katoomba South Street Depot. There is a number, I don't need to go into the detail of it, noted as an event, as it were, and issues raised with the administration building, the building services building and various buildings. Then over on page 1613, there are a series of actions that are seen to be necessary to resolve the issue. That's in February 2017.

Then ahead to page 1623, this is an email from Mr Johnston to Ms Rafter and Mr Long, and it refers to a meeting to discuss asbestos work and how they are going to manage communications, et cetera. This is in the context where, you may recall, and I'll come to it again in a moment, during early 2017 an asbestos working group was created.

THE COMMISSIONER: Yes.

MR GLOVER: This seems to be, and we'll clarify it in the evidence, one of the early stages of that process.

THE COMMISSIONER: Right.

MR GLOVER: On 2 March 2017, at page 1627, there is minutes of a meeting, a meeting purpose asbestos action plan. Then under the heading "Background", the background of the project was provided in that service delivery were beginning the audit program for the asbestos identified in the register. As I understand it, the register is, at least in part if not all, what was contained in the Airsafe reports that we've seen.

Then further down under that heading it says that C and CO are currently developing an asbestos policy based on the New South Wales State Government model asbestos policy

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and that an asbestos management plan will follow. Action is that C and CO are to deliver asbestos policy and management plan. That's on 2 March 2017.

Over to page 1628, which is a further non-conformance report, this time under the heading "Description of Non-Conformance" in the third box down it says that a desktop audit has been carried out on the asbestos management system for counsel-owned and managed buildings located within the LGA, and includes asbestos policy, asbestos register and asbestos management plan.

Then under "Results", the asbestos policy at the time of the audit - the last sentence - no asbestos policy could be located. Then there are some observations about the asbestos register under that heading.

On page 1629, the heading "Asbestos Management Plan", that carries over to page 1630, and the conclusion is that at the time of the audit, the bottom of page 1630, an asbestos management plan could not be located for any location. That's a report prepared on 3 March.

Page 1645 is a report from the New South Wales ombudsman of April 2017 on asbestos and how New South Wales government agencies deal with the problem. On page 1668, there's a chapter addressed to Local Government and in the third paragraph under that main heading --

THE COMMISSIONER: 1668?

MR GLOVER: 1668. The chapter 8 heading, "Local Government". Then in the third paragraph --

THE COMMISSIONER: Is this still the ombudsman report?

MR GLOVER: Yes. There is reference in the third paragraph to less than 50 per cent of councils having adopted the model asbestos policy.

THE COMMISSIONER: Yes.

MR GLOVER: Then there is further reference to that issue made on page 1669.

THE COMMISSIONER: Does that mean they had no policy, or you don't know?

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MR GLOVER: Well, I don't know that one could draw that conclusion. As far as it goes is that it hadn't adopted the model asbestos policy.

On page 1669, this is dealing with the issue of the model asbestos policy, there is reference in the third paragraph down to "assist council to understand, adopt and implement the model asbestos policy", and "Local Government has held asbestos management training workshops". Then it says that although the model policy was distributed to councils in 2013, it appears that less than 50 per cent of councils have promulgated the policies.

Then a concern issue in the following paragraph, that is at August 2016, the ombudsman had been advised that 62 out of a total of 152 councils had promulgated the policy despite what's described as a directive by the CEO of the OLG to do so. Pausing there, it's not quite the section 23A of the Local Government Act. They were certainly encouraged to do so.

So as at the date of this report, which is April 2017, the ombudsman was aware that only 62 out of a total of 152 councils had promulgated the model asbestos policy, whereas as you noted a moment ago that doesn't mean that they didn't have an asbestos policy. It may have taken a different form. There will be no statistics which will tell us that, unfortunately.

Page 1696, this is 2 May 2017, minutes of a peak safety steering group. Item 6 on page 1697, there were documents submitted for review. The first one, (i), is asbestos procedures. Do you have that?

THE COMMISSIONER: I do.

MR GLOVER: Those proceedings were presented for endorsement and were discussed and were not endorsed in that form. There is a notation of some more detail prior to resubmission to the peak safety steering group.

So in early May 2017, procedures go for endorsement to non-endorsement, to set back for further work.

Page 1701, this is the start of a series of update memorandums on asbestos management issues, or "Asbestos

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Management Planing", this one is headed. There is reference to consultation meetings and further development of the MAP submitted to the PCT - that's the policy control team that's referred to earlier - for review. So there is work going on to continue to develop those policies.

Further examples of similar memorandum appear throughout May, there's a series of them, leading up to when SafeWork issue their first notice following their inspection on 15 May.

THE COMMISSIONER: Was there something that prompted that inspection by SafeWork?

MR GLOVER: There may well be some evidence about that. I just don't want to answer it if I'm wrong about what I believe to be the fact. But, yes, something did prompt it. I expect there to be some evidence as to what that was.

THE COMMISSIONER: Right.

MR GLOVER: On 10 May, 1721, purpose ongoing asbestos inspections, and there is a series of action points concerning asbestos management generally, the asbestos register, training, communication and action plan, and further meeting. So this is all in the period leading up to when SafeWork attended.

On page 1722, this is minutes of a WH&S committee at South Street Depot, and this is where we see at point 6 on 1723, it's being reported two days later --

THE COMMISSIONER: SafeWork have just got the words the wrong way around?

MR GLOVER: Exactly right. This is an example of an early report to staff about SafeWork's inspections and what was happening thereafter. I've taken you to the notice at 1729, which was issued on 22 May.

On page 1740, there is a memorandum from Mr Greenwood who was then the general manager dated 29 May, shortly after the SafeWork notice, or a week after the SafeWork notice, to service delivery managers and supervisors, et cetera, "Asbestos Management Update", providing an update on SafeWork's inspection and the notice and actions going forward. I don't need to take you through the detail

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of that, but towards the foot of the page there are reminders to report any damage, reminders if there is doubt about whether it's asbestos, report it, and an invitation to contact him directly.

On 2 June, and this is at page 1741, almost immediately after SafeWork issued its notice, you may recall Centium was engaged to assist the council to prepare an asbestos management plan. One of the first things they did was to produce this immediate actions report.

At 1743, this is under the heading "Background", it notes the engagement to the development of an asbestos management plan and as part of the project the immediate reactions report. The objective in the next heading down was to provide the council with immediate management actions to eliminate or minimise the risk of exposure to asbestos or asbestos-containing materials at high risk locations identified in the register. Then there is a series of recommendations, four immediate recommendations.

There is much more detail in the pages that follow, but for the purposes of opening, I don't propose to go through it.

If you go to page 1754, the immediate actions are recorded in table form, and one can see the location, the particular building, the location at which the ACM is, its condition and what should be taking place.

On about 8 June, you may recall, Commissioner, that an asbestos management project team was established. You've heard some evidence about that previously. I note at exhibit 13A there's an email from Mr Greenwood announcing that team.

THE COMMISSIONER: That was exhibit 13A. That has already been tendered?

MR GLOVER: Yes, that email where Mr Greenwood announced that team. At page 1777, there's an email that refers to Mr Greenwood's email of the day prior, noting that the council's asbestos management project team is working through a list of immediate recommendations based on the report provided by the consultant Centium. That's the immediate actions report that I took you to a moment ago. So that team was established, at least in part, to respond

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to that report from Centium.

At page 1793, on 23 June there's a meeting of the peak safety steering group. Item 3, Mr McKay provides an update as to what has been occurring. I just invite you, Commissioner, to read it. I won't read it on the record, but it sets out some immediate actions and describes what I might describe as major activities completed so far.

THE COMMISSIONER: Where it says "development of asbestos register", there's one required for each site, isn't there? Maybe there's a master copy, but --

MR GLOVER: Yes. There was some work being done over time to consolidate the Airsafe report with some individual records and then produce individual registers, and I'll take you to an example, for individual sites.

THE COMMISSIONER: Okay, very good.

MR GLOVER: There's a further update from Mr McKay, this time to all staff, page 1797.

THE COMMISSIONER: Yes.

MR GLOVER: This picks up the very point you raised a moment ago, Commissioner. There's a corporate asbestos register, a single point of reference in council assets, and then there's a capitalised heading "Individual Building Asbestos Registers" and the project team is in the process of rolling out a printed copy of individual building registers.

Then at the bottom in the bold, all work that requires intrusions into ACM or the removal of asbestos needs to be referred to the project team in the first instance, and the team will need to ensure that the works are undertaken by suitably qualified and licensed contractors, et cetera.

THE COMMISSIONER: Yes, all right.

MR GLOVER: At page 1804, on 10 July the first draft of the asbestos management plan produced with the assistance of Centium is sent to SafeWork. Mr Maddaford, you will see, is the SafeWork inspector. There will be evidence in emails and perhaps from some witnesses about the level of engagement that the council had with SafeWork throughout

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this process, but as early as 10 July and the first draft, SafeWork was being engaged.

At 1843 is an update from Mr McKay to Mr Greenwood of 10 July. Picking up the asbestos register point under heading "Communicated to BMCC's asbestos register", Mr McKay informs Mr Greenwood that the register is being communicated with all staff and 110 CAR, corporate asbestos register, extract packets were created for distribution to all BMCC occupied facilities. So that's the rollout of the individual registers. I'll show you an example of one shortly.

Page 1849 is an email from Mr Long to all staff of 18 July. This email reports that an intranet page that is dedicated to asbestos management has been launched to staff and will be updated on a weekly basis. So there was some information being rolled out.

THE COMMISSIONER: This says Mr Long was part of the asbestos management project team. Was he in charge of it?

MR GLOVER: If one goes to exhibit 11, page 1, the asbestos management project team is the second --

THE COMMISSIONER: Program leader operations.

MR GLOVER: Mr McKay is probably the most senior staff member on that team.

THE COMMISSIONER: We have looked at this before.

MR GLOVER: We have, yes.

THE COMMISSIONER: This was looked at for the purposes of allegations that Mr Mulligan was in charge of asbestos and had drafted the management plan when he wasn't employed by the council at the time.

MR GLOVER: That's right.

THE COMMISSIONER: Thank you.

MR GLOVER: That page, just to be clear, was a document prepared by the council to identify members of the team at various points in time.

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THE COMMISSIONER: Yes.

MR GLOVER: On 7 August, page 1873, Mr Greenwood announces the transition from the asbestos management project team into what is described as a working group arrangement. You will remember - we just closed up exhibit 11 - there was a response team and there was another team, whose name has just escaped me. There were two teams that were then working together, so transitioning away from the project team to that group structure.

Page 1908, that's a further Airsafe report, page 1917. They are engaged in September 2017 for a total of 179 council assets inspected, which produced this lengthy report that takes the same form as the one --

THE COMMISSIONER: Sorry, the 179 assets, are they the ones that were looked at for the previous three reports?

MR GLOVER: I haven't done a comparison to see whether there are some that were picked up, but we'll get to the bottom of that in due course.

THE COMMISSIONER: Yes.

MR GLOVER: On page 2110, there is a report from Mr McKay to the executive leadership team, informing the team that the asbestos management policy and asbestos management plan had been completed, and recommending that it be endorsed by the ELT.

THE COMMISSIONER: Yes.

MR GLOVER: So by 10 October, you will recall I said earlier, Commissioner, there was an extension to that notice, the original SafeWork notice requiring the development of the asbestos management plan. 10 October, ELT endorses the draft plans.

On 2231 is an email from Mr McKay to Mr Maddaford of SafeWork. You will see there, pursuant to the improvement notice, that's the renewal improvement notice, the senior management approved final versions of the asbestos management policy, asbestos management plan and the asbestos SOPs. You will recall they are safe operating procedures we have seen before, Commissioner.

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THE COMMISSIONER: So this is from Mr McKay as head of risk?

MR GLOVER: That's right.

THE COMMISSIONER: To SafeWork saying, "In accordance with your extended notice, we've now done all the things you wanted us to do".

MR GLOVER: At least this --

THE COMMISSIONER: This tranche of it.

MR GLOVER: -- number of policies, here they are, and there is some reference to further engagement with SafeWork going forward. Of course, there are a variety of other notices in the background coming up in November and going forward, so the engagement with SafeWork didn't cease.

Now, 2288, this is a memorandum you've seen before in a different context, but it's a referencing to asbestos management resources and it's from Mr Mulligan to the ELT. Under "Background" reference is made to council's current process in trying to arrange for asbestos remediation which relies largely on one individual in the service delivery director, Mr Taylor, and a short to medium term recommendation is to stand over small teams to manage asbestos fines and remediation work and requiring budget allocation, et cetera. So as at November 2017, and this is what leads to the new structure being implemented in December 2017 at page 2307 --

THE COMMISSIONER: These notices, we've already gone to them, have we, like at 2298, Katoomba waste management facility.

MR GLOVER: Towards the end of November there was a series of notices issued by SafeWork with regard to a number of facilities and Katoomba is one of them. At 2307, 6 December, it's a report concerning the establishment of the AHM project team. If you still have exhibit 11, that is a convenient location to look at this structure, back to that same page, page 1, under the second box on 6 December the council's executive leadership team, it's the same date as that memorandum on 2307, the response team and the project team. The make-up of those teams follows over to the next page. That new structure - and there's been some

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evidence concerning it in the context of TOR4 - takes place in the beginning of December.

Page 2418.

THE COMMISSIONER: That's in exhibit 1, isn't it?

MR GLOVER: It is in exhibit 1, and I don't propose to go to the detail of it but you'll recall, Commissioner, it sets out a chronology put forward by the council to the Minister in December 2017 where steps are taken in respect to not only the recruitment issues but in the context of these hearings various matters concerning asbestos management, so if you note that for the moment without going to the detail.

Page 2528, this memorandum has a date of 18 December at the top but I think, Commissioner, if you see towards the foot of the page, that should be 18 January 2018. That is next to Dr Dillon's signature down the bottom. This is an example - there are a few like this - of allocation of funding to asbestos remediation works.

THE COMMISSIONER: Right. I see.

MR GLOVER: It's done during the period in which the - the delegated authority you'll see under the "Recommendation" heading, delegated authority vested jointly in the mayor and general manager during the period 12 December 2017 to to 30 January 2018 and then there's an allocation of $900,000 from waste reserves and $200,000 from debt reduction and risk reserve towards asbestos remediation. As a further example accompanying that memorandum is the more detailed memorandum appearing on page 2529 which sets out the detail which ultimately sat behind that allocation decision on 18 January.

As I say, there are a number of those in the bundle and other documents, but it is one example for the purposes of opening.

Page 2601 --

THE COMMISSIONER: This is now after the minister has issued the improvement order?

MR GLOVER: Yes. On 1 February is the first meeting of

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what's called the Blue Mountains Multi-Agency Asbestos Management Committee and you'll see that had representatives from SafeWork, EPA, Blue Mountains Council, the United Services Union and staff. I'll come to the terms of reference in due course, but the purpose of these sorts of meetings was to have everybody who was interested in the various notices that were happening at the council as well as staff and union representatives around the same table discussing and informing the response to those matters.

I haven't touched on it, but there were clean-up notices issued by the EPA as well on certain sites. I don't propose to go to them in opening, but that's why EPA were at the table. They themselves conducted an investigation and ultimately determined not to proceed with any action.

THE COMMISSIONER: The people that are there on this committee from SafeWork and the EPA, are they who are lodging a submission and giving evidence, or is it different people?

MR GLOVER: I anticipate it will be different people. 2640, this is a letter from SafeWork to Dr Dillon of 22 February. It's an example of various letters of its type. What had occurred was that SafeWork had commenced what's called the revisit program where they would return to sites that had asbestos issues identified and re-inspect them and provide this notice to the council and it would be sent to the United Services Union for feedback before - my term - closing out their involvement with a particular site. So that process was adopted for a number of sites that have been the subject of various inspections. There are a number of those letters in the bundle.

Page 2669, this is an example of a report to the governing body concerning asbestos management and project funding of 27 February 2018.

THE COMMISSIONER: Yes.

MR GLOVER: And the recommendation is to reallocate just over 10 million from council reserves to remediation project in that budgetary year. So further funding being allocated in February following the allocation --

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THE COMMISSIONER: Has any of this got to do with Mr Tooma's - he produced a couple of reports in February. Is this putting into operation his recommendations?

MR GLOVER: This is primarily, as I understand it, directed to remediation work, clearing ACM from these sites rather than responding to Mr Tooma's recommendations, as it were.

Now, throughout 2018 and 2019 there were further developments of council's asbestos management policies and revisions. Page 2958, this is another report from the policy control team, and this is concerning the development - you'll see under "Overall comments" - of an asbestos elimination policy and asbestos remediation policy. So following the implementation of an asbestos management plan and asbestos management policy, there were further policies being developed at the same time. If one looks at the asbestos elimination policy as it developed at page 3031 - go back to 3028, the start of this document, you will see a system approach document for an asbestos elimination programme.

THE COMMISSIONER: This is a council document.

MR GLOVER: Yes, it is. On 3031, there's a reference to the asbestos elimination program overview, the AAP aims to fulfil the Blue Mountains City Council's commitment --

THE COMMISSIONER: This is a response to performance improvement order actions - that's the minister's.

MR GLOVER: Yes, that's right, so when one sees 1.1(a), 1.1(c), that's a reference to the corresponding subparagraph --

THE COMMISSIONER: Yes.

MR GLOVER: That ultimately goes through development through 2018 and 2019. In addition to issuing improvement notices and prohibition notices, council also, as we heard, conducted the investigation, which ultimately culminated in various court attendance notices being issued. They appear at page 3191.

THE COMMISSIONER: That's where they start.

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MR GLOVER: That's right, that's where they start. There are 80 in total, but they largely raise the same issues, just with two sites. So one is the 283 Great Western Highway, Lawson, which is also described as the car park, and the Lawson stockpile site, which, as we've heard previously, is at Park Street, Lawson, which was where some soil from the car park was stockpiled. You'll see on page 3191 the description of the offence is a failure to ensure that an asbestos register was prepared contrary to clause 425(1) of the regulation. Sequence 2, which appears at page 3199 for that same Great Western Highway, Lawson site, failure to ensure an asbestos management plan was prepared contrary to clause 429(2), sequence 3, page 3207.

THE COMMISSIONER: This is all conduct between August 16 and December 16.

MR GLOVER: Yes.

THE COMMISSIONER: Sometimes it's only between November and December 16.

MR GLOVER: Yes. Sequence 3, failure to ensure the analysis of a sample was undertaken to determine if asbestos or asbestos-containing material was present and sequence 4 to ensure that certain staff were trained in the identification and handling of asbestos. Sequences 5 through 8, which commence on page 3233, allege a series of corresponding offences concerning the stockpile site. That's 2 Park Street Lawson. So there's similar sorts of conduct in similar, not the same periods, I think - yes, similar periods, this one extending into 2017 for that same site. So eight charges all together. As I've noted earlier, the EPA at the same time was conducting an investigation. That did not result in any action. At 3272, on 18 June, an approach is made to SafeWork to explore the possibility of entering into an enforceable undertaking. That is ultimately approved by SafeWork and in the pages that follow one sees some engagement with SafeWork about what might be included in that enforceable undertaking. But before I leave the document at 3272 there's a submission which sets out council's response to the various issues raised by the court attendance notices.

THE COMMISSIONER: Yes, I can see that.

MR GLOVER: And why this was appropriate for an

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enforceable undertaking.

THE COMMISSIONER: Yes.

MR GLOVER: Ultimately, SafeWork approved of it and the final version signed by SafeWork starts at page 3573.

THE COMMISSIONER: Yes.

MR GLOVER: If I go back to 3571, I'm sorry, you'll see a letter from SafeWork to Dr Dillon accepting the undertaking and there are some reasons. At about point 6 of the page there are some bullet points described as reasons for SafeWork's decision to accept the enforceable undertaking.

THE COMMISSIONER: So it wasn't reckless. Actions taken afterwards are appropriate. Strategies the same.

MR GLOVER: Then the undertaking itself starts at 3573. If one just works through it, it comes in two sections. There is what might be described as the background section in section 1 and then the enforceable terms section, section 2. Section 1, passing over the identifier of the council, et cetera --

THE COMMISSIONER: What page of the document --

MR GLOVER: 3574.

THE COMMISSIONER: The document.

MR GLOVER: Section 1 starts on page 2. There's the details of the alleged contravention.

THE COMMISSIONER: Not on mine.

MR GLOVER: On page 3.

THE COMMISSIONER: On page 3, yes.

MR GLOVER: There is some background to the events. There is an acknowledgment in heading D that SafeWork has alleged that a contravention has occurred. Passing over E to F, the relevant enforcement notices - of the series of notices issued by SafeWork, these are the ones relevant to the alleged contraventions. By the time of the enforceable undertaking they'd all been complied with. A statement of

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assurance in G about the further work health and safety behaviour, a statement by the council it's committed to complying with its obligations under the WHS Act, et cetera. In L on page 5 of the document, 3577 of the bundle.

THE COMMISSIONER: So there are no injuries known, but there's ongoing monitoring of people.

MR GLOVER: Correct. In 5 of the document there is a J, details of the existing system.

THE COMMISSIONER: Yes.

MR GLOVER: Work health and safety management system; K, consultation, some examples of consultation; L, a statement of regret that the incident has occurred; M, some rectifications as a result of the alleged contravention. Now, these are limited, of course, to Park Street, Lawson stockpile site and the Great Western Highway site, but at the time of the undertaking a little over 1.2 million had been spent on rectifying those two sites and a commitment in the end that the behaviour that led to the alleged behaviour had ceased and would not recur.

Coming to the enforceable terms, page 8 of the document, page 3580 of the bundle, there's a series of enforceable terms. If one goes to D, strategies that will deliver workplace benefits, these are a series of strategies that the council must implement as part of its undertaking. There is some not inconsiderable detail but they fall into categories of providing communications and technology to field workers, workplace training, conducting survey - that's on page 15 of the document - and on page 17 of the document, 3589 of the bundle, there are strategies that deliver industry benefits, and industry strategy 1 is directed to the council having to develop asbestos management tools for local government organisations.

When one looks through that, the idea is that the council will produce a tool kit, an asbestos management tool kit that will be available for other local governments to implement or use as they may require. There is also a community education campaign noted at the bottom of page 19.

THE COMMISSIONER: Can I just ask you a question? Back on

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page 3, details of events surrounding alleged contravention, you've got in the middle paragraph the Lawson Carpark and the council workers transporting 500 tons of soil, workers scraped off old grass and excavated topsoil, and other material not tested and then it says on page 4:

No known injuries or illnesses as a result of the alleged contravention. Blue Mountains City Council has provided the following support to workers.

It doesn't identify how many we're talking about. I've heard figures but I don't know precisely.

MR GLOVER: I don't - I can answer that question but not at the moment. I have the information but not to hand at the moment.

THE COMMISSIONER: Is it 50 or 60, or am I wildly wrong about that?

MR GLOVER: If one is talking about the staff involved in the details on page 3.

THE COMMISSIONER: I am at the moment because I'm just talking about the enforceable undertaking.

MR GLOVER: If it's the staff involved in the work on page 3, it wouldn't be as many as 50 or 60. If we're looking at staff who have had health monitoring, then that could be a number that's closer to across the whole of council. There was health monitoring provided to various staff, not just those staff --

THE COMMISSIONER: Unrelated to any contravention of --

MR GLOVER: Unrelated to any contravention that is the subject of this. Self monitoring was made available to a range of staff in addition to those who are mentioned here, but we'll find those numbers for you. I just haven't tallied them up myself. That completes the general overview. As I say, it's not meant to be an excursion through every step, every event throughout but, rather, to provide some indication of things that were happening at various times throughout the six-year period.

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Now, we've seen some references already to a number of sites, some of which were inspected by SafeWork, and it is proposed during these hearings to touch on a few by way of example - the car park and the Lawson stockpile are one example.

THE COMMISSIONER: Is there any point in me being shown these sites? It just occurred to me literally while I was sitting here.

MR GLOVER: There are some photographs, but we can give that some consideration.

THE COMMISSIONER: Why don't you give that some thought?

MR GLOVER: I've tried to identify some aerial photographs in the various reports in order to give you an idea and I'll come to those during evidence.

THE COMMISSIONER: It may be completely unnecessary, but just in case it's not, you can think about it.

MR GLOVER: Thank you, Commissioner. So some evidence will be adduced both in the context of the SafeWork investigation and otherwise about the car park that we've just spoken about and the Lawson stockpile site. There were also some concerns raised about the Springwood depot concerning asbestos in various buildings, the Katoomba waste management facility and some SafeWork notices in the bundle relate to that. There is concern about asbestos contamination throughout that facility. There were also some concerns raised about asbestos-containing material at the Wentworth Falls pre-school, which also had some SafeWork interaction.

There will be other sites at which asbestos management issues were raised, but they may not be the subject of detailed evidence. It's not to say they are not important, but one needs to identify in the context of inquiry - one doesn't have unlimited resources or time - some more significant examples.

THE COMMISSIONER: If there's anything to be gained at all by going to the key sites, then perhaps I should go. It's an administrative inquiry. We don't need to go and have a view the way we would in a court, but equally I don't want to trespass. If you think it's a good idea, we'll need to

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organise something and who ever wants to come can come but it certainly doesn't need to be done the way it would in a court view. I might need some form of permission or licence.

MR GLOVER: I suspect with the first witness we'll go to some of those aerial photographs. Once you see some of those, it may be it will serve the purpose or it may need to go further. Given the time, I don't propose now to say too much about the individual terms of reference given that you've done that in some detail in your opening.

THE COMMISSIONER: Did you agree?

MR GLOVER: I did. I was going to say much the same thing and really just to reinforce that the process of examining some of these sites is not to redo the work by the regulators, to re-conduct investigations as to whether particular members of staff - that is, not management staff - did certain things on certain days but to provide context of what events were happening at the time and how that fits in with the SafeWork investigations.

As to scheduling, quite a number of witnesses have been summonsed.

THE COMMISSIONER: You have Mr Taylor and Mr Beer today.

MR GLOVER: Yes. We have encountered a little bit of difficulty in the scheduling this week. For those at the Bar table or members of the public who may come along to watch, there may be a day or two in the early stages of the inquiry where we finish earlier or there is a slight gap for which we apologise. We are trying to minimise those. We'll try to give as much notice as possible to everybody as to the proposed schedule of witnesses and we'll keep people updated to that. Other than that, I don't propose to say anything further.

THE COMMISSIONER: It's entirely unnecessary, but I'll just out of courtesy ask Mr Singleton or Mr Ryan want to say anything before the evidence. Do you want to say anything by way of opening at all? Mr Ryan, I'll ask you first.

MR RYAN: Only a couple of housekeeping matters. Commissioner, I have spoken to counsel assisting --

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THE COMMISSIONER: Could I check with you - sorry to interrupt - I've received a letter from you and two separate submissions from Councillor Brown. That's what I was meant to get, nothing further from your side?

MR RYAN: That's correct.

THE COMMISSIONER: There was quite a big exhibit to one of the statements which I got.

MR RYAN: You should have received two statements from Councillor Brown. One was a general statement and one responded to the second letter from Mr Tim Hurst from the OLG and a bundle of documents with each of those statements.

THE COMMISSIONER: I have all that.

MR RYAN: There is a smaller bundle with a submission from myself. One of the things I wanted to just mention is that we were unaware that the inquiry would consider the first letter from Mr Hurst, because I think the words used were "for your information" or "for background".

THE COMMISSIONER: All I meant to say in my opening statement is that it seems to fall within term of reference 2. I've got an open mind about it. I don't want to drive this if no-one else does. I'm partly in Mr Glover's hands and, to an extent, Mr Singleton's, because the council is his client. It obviously came to me unexpectedly from the OLG. Given it's been referred to me, I can't just ignore it.

MR RYAN: We would welcome that you consider it. I'm actually saying we weren't aware of the consideration. It's actually a code of conduct finding which found that Councillor Brown had acted dishonestly, and was adopted by the council, it's quite significant. We would welcome an examination of it particularly in the context of term of reference 2. I have spoken to counsel assisting about this, but I'm unable to attend every day of the sittings this month. I'll do my best to attend as much of the week as possible for the following four weeks --

THE COMMISSIONER: We'll make sure we won't schedule Councillor Brown when she's going to give evidence on a day

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when you're not here.

MR RYAN: Counsel assisting has already mentioned that. I am unable to be here for the 20 days or whatever it is.

THE COMMISSIONER: No, I understand.

MR RYAN: The only other thing I wanted to say is just housekeeping. I'm not sure if the general chronological bundle has been tabled and adopted as evidence.

THE COMMISSIONER: Sorry to interrupt, but I'm just thinking. When you say a finding, there have been no findings made by the Office of Local Government. You're talking about the council making a finding.

MR RYAN: The conduct reviewer who makes a report and that report is reported to the governing body who then vote on it. So they have voted on it to adopt the finding --

THE COMMISSIONER: I haven't been provided with those underlying documents. No doubt I'll have to be if this proceeds.

MR RYAN: And we would have to give some more thought - we provided a submission and statement on the access to the reports. We'll have to give some thought about whether we should make any more detailed submission on the other code of conduct.

THE COMMISSIONER: But you're keen for that to be looked at by the inquiry, are you?

MR RYAN: Yes, it's a substantial finding that's really adverse to my client's character and we believe incorrect.

THE COMMISSIONER: Okay. I'm slightly in the dark because I haven't actually been given - literally all I've done is I've read your client's submissions and I've read Mr Hurst's letter to me. That's pretty much it. Was there anything else you wanted to raise?

MR RYAN: I'm just wondering has the chronological bundle been tabled yet and if the schedule of witnesses which I understand changes but if that is yet public?

THE COMMISSIONER: There would be no reason why your draft

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witness attendance lists can't be made public, or is it too preliminary?

MR GLOVER: No, I don't think it has anyone's name on it who shouldn't be made public. Subject to double-checking there is anyone subject to a particular non-publication order, that can go up.

THE COMMISSIONER: We'll do that. My opening statement will go up. The general chronological bundle you just took us through, do we tender that now, or --

MR GLOVER: You can do it now? I'll tender it now.

THE COMMISSIONER: If it's convenient. Subject to any objection to any particular parts of it at a later time, the general chronological bundle of documents of 3606 pages commencing with a document dated July 2000 titled "Safety program procedure asbestos", exhibit 82.

EXHIBIT # GENERAL CHRONOLOGICAL BUNDLE OF DOCUMENTS OF 3606 PAGES COMMENCING WITH A DOCUMENT DATED JULY 2000 TITLED "SAFETY PROGRAM PROCEDURE ASBESTOS".

THE COMMISSIONER: Anything else from your perspective, Mr Ryan, at the moment? Mr Singleton, is there anything you want to say.

MR SINGLETON: We don't have any issues to be raised.

THE COMMISSIONER: Do you have any response at the moment to what Mr Ryan said about the code of conduct issues? You don't have to tell me now.

MR SINGLETON: Only in the broadest terms. It's a matter for counsel assisting and the inquiry itself as to what is canvassed bearing in mind the limited resources. We weren't going to press --

THE COMMISSIONER: I see. From your client's point of view, it's been dealt with by a resolution of the council and OLG.

MR SINGLETON: We referred it to the OLG because we thought it was the right forum, and then to you. We're not pressing for you to deal with it and nor are we resisting that.

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THE COMMISSIONER: You're leaving it as a matter between Mr Ryan and Mr Glover, and there's nothing further you need to bring to my attention.

MR SINGLETON: I made an opening last year - a memorable opening.

THE COMMISSIONER: That doesn't mean anything. We may as well adjourn for lunch and we'll have the witness at 2 and will we still complete Mr Taylor and Mr Beer?

MR GLOVER: I'm hopeful.

THE COMMISSIONER: We'll adjourn until 2 o'clock.

LUNCHEON ADJOURNMENT

MR GLOVER: I call Mr Taylor.

<DAMIEN TAYLOR, affirmed:

<EXAMINATION BY MR GLOVER:

MR GLOVER: Q. Could you state your full name, please?A. Damien Taylor.

Q. You are currently employed by the council; is that right?A. Correct.

Q. And what's your current position?A. Project coordinator.

Q. How long have you been employed by the council?A. Twenty-three years.

Q. Have you always held the same role?A. No.

Q. I'm going to ask you some questions starting from about 2012 onwards, okay. In 2012, what was your role?A. Project coordinator.

Q. Your day-to-day duties between 2012 and now stayed largely the same?A. Not now. They are different now.

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Q. Going back to 2012, what was your day-to-day responsibilities as a project coordinator?A. Running major projects, capital works programs.

Q. Did that sit within the service delivery directorate of council?A. Yes.

Q. Who did you report to in about 2012?A. Rhett Hahn or Damien Drew, one of those.

Q. You said there had been some changes to your role now from then; is that right?A. Yes.

Q. What changes in your day-to-day role have there been since then?A. I just work in a different branch now, in civil assets doing engineering projects.

Q. In 2012, did part of your day-to-day role involve dealing with asbestos issues as they arose?A. It wasn't in my job description, but, yeah, I did as part of my projects deal with asbestos.

Q. So it wasn't part of your core duties as set out in your position description; is that right?A. Yes.

Q. But you would have some involvement in responding to asbestos issues as they arose; is that right?A. Yes.

Q. What sort of issues would you deal with in performing that function?A. Well, as part of my projects, we would remove asbestos before any work would be done on any of the buildings. Then occasionally there would be other works that would involve asbestos removal that I'd get called in for, just especially for it, or if it was dumped asbestos sometimes I would get called to organise removal of it.

Q. So there would be asbestos issues arising in projects that you were managing; correct? A. Yes.

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THE COMMISSIONER: Q. Is this like renovations of buildings, that sort of thing?A. Yes.

MR GLOVER: Q. People would come to you with other asbestos issues other than for your projects; is that right?A. Yes.

Q. Had you had any training in management of asbestos in 2012?A. Yes.

Q. What training did you have?A. I had an asbestos supervisor's certificate and just an asbestos class B certificate.

Q. When did you obtain those qualifications?A. I couldn't tell you the dates, but for quite --

Q. Some time well before 2012?A. Well before 2012, yes.

Q. Was that training provided to you through the council?A. Yes.

Q. Were you the only person in the service delivery directorate to have that training, to your knowledge?A. I wouldn't know.

Q. Were you aware of anyone else in service delivery having that training?A. Not asbestos supervisor, no.

Q. When dealing with asbestos issues that were brought to your attention, and you mentioned that that would be removing asbestos, for example, before work was undertaken - do you remember that - when dealing with those issues, was there a particular policy or procedure that you followed in managing those matters?A. Yes, the code of practice for removal of asbestos, yes.

Q. So that's the --A. State --

Q. Sorry, go on.

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A. The State - by WorkSafe, yes.

Q. So that was the policy that you followed in attending to those tasks?A. Yes.

Q. Was there any council policy document that you had regard to or followed when doing that sort of work?A. I don't recall if there was. It wasn't presented to me, no.

Q. I see. Were you aware of any such policy in about 2012?A. No.

Q. What about in the period that followed - were you aware in - well, are you aware now of what the council asbestos policies are?A. I am aware now of it, but I have nothing to do with asbestos now.

Q. When conducting work on one of your projects, was an asbestos register something that you would look for?A. I have on my projects requested for the register to be presented from the manager of the asset.

Q. Was that a regular practice you followed?A. It was, when I was doing my projects on a building that would have the asbestos, because I did new buildings and old buildings.

Q. Who would you ask for that register?A. The manager of the asset.

Q. Was that someone outside of service delivery? A. Yes.

Q. Was there a particular directory in which those managers of assets sat, or did it vary?A. No, no, whoever looked after the building asset.

Q. Would you be provided, as a matter of course, with an asbestos register?A. No, not generally.

Q. Your recollection is generally you wouldn't get one, is that right?

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A. That's correct.

Q. What about when you'd done some work - take, for example, on a project you'd done some removal of asbestos before building. Would that work be recorded somewhere?A. I would hope so. I always had recommendations and then a clearance from the hygienist that would then be compiled as part of the completion of the project.

Q. Would you send that to somebody after that work was done?A. It would have gone through my manager, but I'm not sure how it would have all been filed.

Q. So any asbestos removal work that was done on your projects, you reported up through your manager at the time; is that right?A. A lot of the time I was working through the major projects branch, so it would have been recorded through that way as well.

Q. But that wasn't your responsibility to record that; is that right?A. No.

THE COMMISSIONER: Q. When was the last time you had anything to do with asbestos either through a project or through it being dumped and you had to deal with it?A. Oh, 2017.

Q. So some time during 2017 it went to --A. At the end of 2017, yes.

Q. So it went to the asbestos management groups, whatever were created at the time, when you ceased to have any role in?A. Yes.

MR GLOVER: Q. Were you aware of work done by Airsafe in about 2014 and 2015 to create asbestos registers?A. No.

Q. You weren't aware of that happening at the time?A. No.

Q. Were you aware of any work that was done after those reports had been issued following on Airsafe

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recommendations? Did you have any involvement in that?A. No.

Q. I will show you exhibit 11, please, and go to page page 1. Mr Taylor, you'll see in about the middle of the page there's a reference to the asbestos management project team established on 8 June 2017? Do you see that?A. Whereabouts?

THE COMMISSIONER: Q. There's a first box which has "Asbestos Working Group". A. Yes.

Q. Then the second box is "Asbestos Management Project Team" which I think nominates you as special projects coordinator.

THE COMMISSIONER: Is that where you are taking him to?

MR GLOVER: Yes.

THE WITNESS: Second box?

MR GLOVER: Q. Mr Taylor, are you looking at an index?A. Yes.

Q. If you turn the page.A. Sorry, yes.

Q. You were a member of the asbestos management working team, correct? A. I was - I don't know how - I was told that I was in there, but I was never actually officially part of that team, no.

Q. Did you do any work with that team?A. No.

THE COMMISSIONER: Q. This is 8 June 2017.A. I would get called in and asked to give some advice, but I wasn't in that part of the team when that was happening.

MR GLOVER: Q. I see. So is it the case that the team would ask you for your advice from time to time?A. Yes.

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Q. But you didn't see yourself as sitting within it?A. No.

Q. All right. Just stay on that page. We may as well do this while I'm here. Later in 2017, you'll see under that box that I just took you to there's a reference to the establishment on 6 December of an asbestos response team and an asbestos project team. Do you see that?A. Yes.

Q. You were asked to be a member of the response team; is that correct?A. I was asked to be - well, yeah --

Q. Asked to apply?A. Yes, I was asked to apply.

Q. And you decided not to; is that right?A. Correct.

Q. Was there any particular reason why you decided not to take up the invitation?A. I don't recall why. I'm not sure.

Q. Are you now aware that in mid-2017 SafeWork started conducting some inspections of council facilities?A. Yes.

Q. Were you involved in responding to some of the issues raised by SafeWork?A. It depends. I mean, I was not - I was on leave at the time, I was on workers comp for most of 2017.

Q. One of the sites visited by SafeWork was what's described as the Lawson stockpile site at Park Street?A. Yes.

Q. Did you have any involvement in that particular site?A. I had an involvement that I reported it at the start - September 2017.

Q. When you say you reported it, did that occur before SafeWork's involvement later in 2017 with that site; is that right?A. Yes.

Q. When you say reported it, just take us through what

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you did?A. I rang my manager and it was, like, very late one afternoon and I was on leave the next day, so I rang my manager that afternoon, took some photos and I rang Airsafe, organised Airsafe to come up the next morning to come and take a look at the site and organise for the site to be closed, recommended that they changed the locks and closed the site until the report could be done.

Q. Let's just come back to each of those steps. How were you made aware of a potential issue at that site?A. I was doing an asbestos removal job in Springwood at the car park and we had to remove a lot more material than what we expected. So I asked a colleague if he had any fill that I could use and he said, "Yep, there's some at the Lawson depot, but don't touch the piles with the grass on it because they contain fibro". So then I went, "Oh, I better look at this", what they are talking about, so I went up there, found fibro on the site and reported it.

Q. And reported it to your manager, did you say?A. Yes.

Q. Who was your manager at the time?A. Rhett Hahn.

Q. Then you contacted Airsafe?A. Yes.

Q. And who was Airsafe?A. They are the hygienist that the council at the time was using for any recommendations or any reports.

Q. What was your purpose in contacting Airsafe that afternoon? What did you want them to do?A. I wanted them to come up and look at the site and provide recommendations of the site, because I was worried of the asbestos - well, what I assumed was asbestos on the site.

Q. I'll show you the 2 Park Street bundle, the first volume. Mr Taylor, if you could just open that up, turn past the index and you'll see at the foot of the page some bold numbers. Do you see the page numbering? A. Yes.

Q. Just turn ahead to page 208 for me, please. There are

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some aerial photos. The one on the left is looking down on the stockpile site; is that right?A. Yes.

Q. There's a zoomed-in one on page 209?A. Yes.

Q. With some yellow circles around it. Do you have that?A. Yes.

THE COMMISSIONER: You're just going to have to bear with me. The Lawson Street bundle, did you say?

MR GLOVER: Park Street, Lawson.

THE COMMISSIONER: 2 to 6?

MR GLOVER: That's the one, page 208.

MR RYAN: If I could clarify, is that 215?

MR GLOVER: No, 208.

THE COMMISSIONER: Are you looking for the bundle? It's the first bundle.

MR RYAN: I'm wondering if there is a disparity in the numbering, looking at it online, because PDF numbers are missing with the stamped numbers.

MR GLOVER: That may well be because there's an index at the start of the PDF.

THE COMMISSIONER: Okay. It's number 202, is it, down the bottom?

MR GLOVER: It is page 208 down the bottom.

MR RYAN: Which I think is 215.

THE COMMISSIONER: I think it's 214, maybe. Okay, I think we all have that page now.

MR GLOVER: Q. Bold page 208 down the bottom. I'd taken Mr Taylor to page 208, the aerial view of the stockpile site. I was about to move to 209, which is the zoomed-in view.

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THE COMMISSIONER: Hang on, what do you want me to take note of on 208?

MR GLOVER: It was just providing a photographic image of --

THE COMMISSIONER: What's the stockpile site? If I'm looking at Park Street, that's the area on the right, is it?

MR GLOVER: That triangular shape.

THE COMMISSIONER: With the mounds.

MR GLOVER: Then there is a zoomed-in image on 209.

THE COMMISSIONER: Yes, okay.

MR GLOVER: I was about to ask, Mr Taylor, the mounds are the various stockpiles on the site; is that right?A. Yes.

Q. Are any of the mounds depicted in this site the one that you went and inspected that afternoon, do you recall?A. I can't recall which ones I went and looked at.

Q. That's okay.

THE COMMISSIONER: Q. Did you look at them all?A. I did.

MR GLOVER: Q. Back to page 1, bold page 1 down the bottom --

THE COMMISSIONER: Q. Sorry, just pausing there, did you find fibro on all piles?A. Not in all piles, just on different parts of the site, not just necessarily on the piles.

Q. These photos are from what, someone's report?

MR GLOVER: Yes, if you go back to page 203, Commissioner.

MR GLOVER: This is after Mr Taylor's involvement, but another set of safety consultants who were later brought in.

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THE COMMISSIONER: Brought in to analyse. What did they contain? Did they contain asbestos?

MR GLOVER: Yes, I'm coming to that.

THE COMMISSIONER: Sorry, I'm jumping ahead. It's very hard to remember what role you're playing.

MR GLOVER: Q. If you turn back to page 1, not the index, that's a test report from AirSafe directed to you, Mr Taylor, do you have that?A. Yes.

Q. Was that a report you received after having arranged that testing in the afternoon that you mentioned a moment ago?A. Yes, I was on leave by those dates.

Q. If you turn to page 2, the next page, two of the fragments have detected asbestos?A. Yes.

Q. On page 3 there is a report from Airsafe dated 26 September headed "Technical Specification for Asbestos Removal Works". Do you have that?A. Yes.

THE COMMISSIONER: Just before you go on, what is a chrysotile asbestos? Do you know that, Mr Taylor?A. Yes, it's just a type of asbestos. There is chrysotile, amosite, different types of the natural --

MR GLOVER: Q. Page 5, Mr Taylor, this report was at least addressed to you?A. Yes.

Q. To assist you, turn ahead to page 10.A. Yes.

Q. Under the project brief, the technical specifications detailed the asbestos removal requirements for asbestos identified within the soil at the following address; do you see that?A. Yes.

Q. So have you asked Airsafe to prepare this report to go

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about removing asbestos from the Park Street site; is that right?A. Well, yes, that would have been part of the brief, for the testing and then recommendations.

Q. I see, so it's all part of the same engagement of Airsafe that you spoke about late that afternoon; is that right?A. Yes.

Q. If you would just turn ahead to page 46, still in that same report, you'll see that's another copy of the same report you saw a moment ago, Mr Taylor. Then there is another one at page 48 of some more testing.A. Yes.

Q. The soil at the Lawson stockpile wasn't removed in September or October, was it?A. No.

Q. Do you know why it wasn't removed shortly after this report was received?A. No, I don't know why it wasn't removed.

Q. Did you have any involvement after those reports were obtained in dealing with the site?A. I went to a few meetings about the site and they talked about how to move forward with the site, and it just was stalled - I don't know, I think to do with funds for doing the work, I'm not sure.

THE COMMISSIONER: Q. Don't let me put words in your mouth, tell me whether this might be right or not: looking at the bottom of page 49, I'm looking at the analysis, and whilst it finds that there is either chrysotile asbestos or amosite asbestos detected, there is no respirable fibres detected. Would that mean that it's not as urgent in terms of cleaning up? If there had have been breathable fibres detected, would that make it more urgent, or you don't know?A. I don't know. I would only be going on the recommendations of Airsafe.

MR GLOVER: Q. So apart from those couple of meetings that you mentioned in your answer a moment ago, shortly after this time you ceased to have involvement in the stockpile site; is that right?

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A. Yes, that's right.

Q. I'll have that taken back from you, Mr Taylor, and I'll have Mr Broad give you the Wentworth Falls pre-school bundle. Before I take you to documents there, you had some involvement in responding to asbestos-related issues at the Wentworth falls pre-school site?A. Yes.

Q. Do you remember when they first arose?A. I can't remember the exact date, but it was some time in late 2017.

Q. Turn, Mr Taylor, to page 33. This is an email chain involving you and Mr Parsons, do you see that?A. Yes.

Q. Who is Mr Parsons?A. He is - I mean, he's now the director at the moment on the council, but back then I'm not sure exactly what his role was.

Q. Well, you see down the foot --A. I see it says special projects manager, infrastructure, yes.

Q. Special projects manager. Do you recall what his role was at the time in dealing with asbestos issues, if any?A. No. I didn't have much to do with Gary at the time.

Q. The start of that email chain commences on page 34. If you could just turn there, you'll see there's an email from you to Mr Long of 21 November 2017 at 4pm. Do you have that?A. Yes.

THE COMMISSIONER: Wentworth pre-school - asbestos was found on the site of the pre-school, was it?

MR GLOVER: Yes.

Q. Mr Taylor, back to page 34, the email of 21 November at 4pm, it's an email from you reporting to Mr Long that "Richard and myself attended the site on 16 November". Do you recall who the Richard was that you were referring to?A. Richard Kane-White.

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Q. And you met with David George from Empire to discuss the scope of works in regard to replacing the eaves, and preparing a quote:

Whilst on site I took a sample of the roof tile verge and sprayed the exposed edges with Kwik Grip.

Do you see that?A. Yes.

Q. Do you remember doing that work?A. Yes.

Q. Why did you take the sample?A. To make sure - to check to see if it was asbestos. Standard.

Q. It had been reported to you that it was suspected asbestos, or did you notice it while you were there?A. No, no, that's what I was there for.

Q. So someone had raised this issue with you and you went out to have a look with Mr Kane-White; is that right?A. Yes.

THE COMMISSIONER: The asbestos is in the roof, is it, or the eaves? It's not just dumped on the site, is what I was trying to work out.

MR GLOVER: No, Commissioner.

Q. Mr Taylor, if you turn to page 31, is that an image --

THE COMMISSIONER: Q. Barge board ends of the shelter structure?A. Yes.

MR GLOVER: Q. Is that the area that you took the sample from?A. Yes.

THE COMMISSIONER: So that's a roof of a sun shelter for the --A. It's an entry porch.

Q. Of the building itself, for the pre-school?

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A. Yes.

MR GLOVER: Q. Just to provide a wider photo, Mr Taylor, if you turn ahead to page 86, there's a series of photos. That first one on page 86, that's the structure from a wider view; is that right?A. Yes.

Q. Where the sample was taken from was the edge of the roof of that structure; is that right?A. Yes.

Q. You sent it away for testing and Airsafe told you that that had contained chrysotile asbestos, right, the report page 29?A. Yes.

Q. It says it next to the photo as well?A. Yes, it says that, yes.

Q. At page 33, at the conclusion of the email chain that I took you to, you report back to Mr Parsons that the sample of the tile verge, the detail you identified, is asbestos in the area that was sprayed. So that was the spraying that you did after taking the sample; is that right?A. Yes.

Q. The purpose of the spraying is to encapsulate the material, is that correct? A. Yes.

Q. You then go on to say that Airsafe will be on site tomorrow to assess the condition of the ACM; do you see that?A. Yes.

Q. Was that assessing the condition of the same area from where you took the sample, or was it something different?A. It might have been more - there was more asbestos in that area.

Q. I see, okay. Page 37, this is a notice issued by SafeWork on 28 November. Did you have any involvement in responding to this SafeWork notice?A. No.

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Q. After that first --

THE COMMISSIONER: Sorry, what does it prohibit?

MR GLOVER: Sorry, Commissioner?

THE COMMISSIONER: It's a prohibition notice. What does it prohibit? "Stop work at the site"?

MR GLOVER: Yes. The fourth box down.

THE COMMISSIONER: "Must install the barrier controls", "must engage a licensed asbestos assessor", okay, understood.

MR GLOVER: Q. Is it the case, Mr Taylor, that after your initial attendance, the sample you took in obtaining testing after you'd completed that work you didn't have any further ongoing involvement in responding to the issues at this particular site; is that right?A. Not that I remember, no.

Q. Close that one up. I'm going to ask you some questions about the Katoomba Waste Management Facility, in the first volume.

MR GLOVER: You should have an electronic bundle for that one.

THE COMMISSIONER: I do, yes.

MR GLOVER: Q. Mr Taylor, you are aware of asbestos-related issues raised in relation to the Katoomba Waste Management Facility in 2017?A. Yes.

Q. What did you understand those issues to be?A. Illegally dumped waste of asbestos in the building stockpile.

Q. When you say "illegally dumped waste"?A. Well, the tip isn't licensed to accept it, so if anything's dumped there, it had to be illegally dumped.

THE COMMISSIONER: Q. The tip wasn't licensed to accept asbestos?A. Yes.

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MR GLOVER: Q. But it came to light in 2017 that there was ACM at the facility; is that right?A. Yes.

Q. Did you have any involvement in mid to late 2017 in responding to that issue?A. Yes.

Q. What was your involvement?A. I was asked to engage a hygienist to inspect the building waste pile.

Q. Do you remember who asked you to do that?A. Yes, Dan Long.

Q. Passing over the eight-page index, if you have a look at page 1 --

THE COMMISSIONER: Q. Mr Long, what was his position at the time? I've just forgotten. Do you recall?A. I'm not exactly sure what his position was at the time. I'm not sure what people's positions were at the time.

MR GLOVER: It's in a different bundle.

THE COMMISSIONER: We'll come back to it.

MR GLOVER: Q. Then there's the first of a series of Airsafe reports, so that's the work that you were asked to arrange, and after those reports were received, did you have any further involvement in responding to the asbestos finds at that site?A. Only just closing the site down, that's it.

Q. When you say closing the site down?A. Just putting up barricades and then engaging a contractor to spray the PVA over the area.

Q. Once that was done, the issue was handled by others; is that right?A. That's right.

THE COMMISSIONER: Mr Long was the manager of city presentation - actually, he may have applied for the job in September 2017.

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MR GLOVER: He wasn't officially appointed until some time in 2018.

THE COMMISSIONER: It wasn't made final until May 2018.

MR GLOVER: Q. Mr Taylor, finally, were you aware at the same time, this is during 2017, of asbestos issues being raised in relation to the Springwood depot?A. Yes.

Q. What did you understand those issues to be?A. There were a number of issues around - to do with the removal of asbestos that had taken place in around the offices, and the amenities building.

Q. Tell me if this is right: there were issues with ACM in the structures?A. Yes.

Q. And there were some issues raised about work that had been done by external consultants on removing some of that; is that right?A. Yes.

Q. What involvement did you have in responding to either of those category issues? A. I didn't have actually anything to do with it at all.

Q. I see. So you became aware of it --A. I just became aware of it.

Q. So you weren't involved in arranging testing at that site?A. No.

Q. If Mr Taylor could just be shown the general bundle.

THE COMMISSIONER: When you asked Mr Taylor about the structures, I'm looking at these Airsafe photos of the Katoomba Waste Management Facility and the contaminated piles seem to be just like piles of rubbish outside.

MR GLOVER: Yes, at Katoomba, that's right. At the Springwood depot it was a series of buildings that had ACM in them. We'll perhaps explore that with a different witness, given Mr Taylor's evidence that he wasn't

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involved.

THE COMMISSIONER: We are now going to the general bundle.

MR GLOVER: Yes.

Q. Page 2519, Mr Taylor. Do you have that Mr Taylor?A. Yes.

Q. An email from Mr Moore to Mr Patrick Williams?A. Yes.

Q. Do you recall what position Mr Williams had at the time?A. Yes. He was in charge of - I think at the time he was to do with - something to do with the removal of the asbestos - the asbestos team.

Q. Just have a read of the email to yourself and let me know when you've done that. A. Yes, I've read it.

Q. Reference is made to a meeting that same day on 8 January 2018?A. Yes.

Q. Do you recall being at that meeting?A. Yes.

Q. And why were you there?A. I was there as someone who had been brought in to give my opinion on what had happened on the site.

Q. I see. So you weren't part of one of either the response team or the project team; correct?A. Correct.

Q. Do you remember who asked you to attend the meeting?A. Tony Moore.

Q. Mr Moore asked you to come and give your view on what had happened; is that right?A. Yes.

Q. And what is it that happened that was the subject of the meeting?A. A contracting company had removed some asbestos, a

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hygienist had given a clearance, and we were there just discussing both those issues, the works conducted and the hygienist clearance.

Q. And there was a concern with the quality of that work; is that right?A. Correct.

Q. And you, Mr Moore, Mr Williams and Mr Adams had a meeting to discuss some actions that would be taken to address those concerns; is that right?A. Correct.

Q. And other than that meeting, did you have any involvement dealing with those particular issues?A. No.

Q. Was it Mr Williams' role to drive that process forward, was it?A. Yes.

THE COMMISSIONER: Q. In case it's important, where it says "leftover materials and PPE", what does "PPE" stand for?A. Personal protective equipment.

THE COMMISSIONER: Q. And Beasy is a contractor that did like Airsafe; correct? A. No, that is the removalist. SLR were the hygienist.

THE COMMISSIONER: Q. These responsibilities, SD would be service delivery; C&CO is community outcomes, SRL?A. They are the consulting company.

THE COMMISSIONER: Yes, they did a report. Thank you.

MR GLOVER: Q. I think in answer to a question from the Commissioner, you said you don't currently have any role on ongoing asbestos management with council?A. No.

Q. When was the last time you performed any regular functions in respect of responsibilities?A. (Indistinct) 2017.

THE COMMISSIONER: He told me late 2017.

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MR GLOVER: Nothing further for Mr Taylor, thank you.

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

<EXAMINATION BY MR RYAN:

MR RYAN: Q. Mr Taylor, my name is James Ryan. I'm representing Councillor Brown. I did just have a couple of questions for you and I just wondered if I could go back and start with counsel assisting asked you a question about your qualifications and you said you had some qualifications. I can't remember the first thing you said, but the second thing you said was class B, which is to do with --A. Bonded asbestos.

Q. Bonded asbestos. Can you explain to me, is that the main difference? Between class A and class B, is the main difference the removal of bonded asbestos and friable asbestos?A. Yes.

Q. The other question that I wanted to ask you was the Commissioner asked in one of those reports if there was no respirable asbestos present as in fibres in the air, was that bonded or friable. Is it correct, and I'm asking the question because I'm hoping you know more than I do, that where you get cracked asbestos, asbestos sheeting, cement sheeting that's been cracked or broken into pieces, it's regarded as friable or potentially friable because of the frayed edges?

MR SINGLETON: I object. In my submission, the question is calling on the witness to give expert opinion. There will be better qualified experts to be called.

THE COMMISSIONER: But the witness can tell us if he's not qualified to answer the question, but I think he's got qualifications in handling asbestos and had plenty years of experience in doing so, so I think he can answer the question. You might need to ask him again. Do you remember the question, Mr Ryan?

MR RYAN: I hope so.

Q. The question is: in relation to one of the Airsafe reports, and I think it was in relation to the Wentworth

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Falls preschool, there was a table in that Airsafe report which indicated that asbestos was present but it was bonded. And my question, and the Commissioner had asked you questions about when there are no respirable fibres present, does that mean it's safe or there's no risk attached. My question was where there is cracked asbestos in cement fibro sheeting, it's treated as potentially friable because of the cracks and exposed edges, and in fact that is my question: is it treated as potentially friable?A. I couldn't answer that.

Q. So if I can ask you another question about your class B qualifications to remove bonded asbestos, at which point do you determine that you don't have the qualifications and that a person with the class A --A. I never removed any asbestos. I only ever engaged contractors. I had my qualifications so I could determine if the contractors were doing their job correctly to safeguard, that's all.

Q. Right. So you have qualifications in what is called class B but you don't actually remove asbestos itself?A. No.

Q. You determine if it is asbestos or likely to be?A. And then engage the correct contractor to do the work, yep, that's it.

Q. Can I ask you another question, then. When you reported the Lawson stockpile, which was late in the day, you took some photos, you organised Airsafe to come and then you went on leave is what you said?A. That's correct. Yes.

Q. Was anyone present at the Lawson site at that time?A. No, no, this was after - I didn't go to the site until it was after 5.30 and I did that on my own because of my concerns and I arranged with Airsafe after that in the evening and then talked to Airsafe in the morning.

Q. So the changing of locks, you arranged that evening?A. Yes. Well, I spoke to the person in the council probably in the morning, I would say, yep.

Q. Mr Taylor, are you aware of the enforceable undertaking that council has entered into with SafeWork?

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A. I know there is one, yep.

Q. Have you been shown a copy?A. We've all been given an email of it, yes.

Q. And have you read it?A. Not particularly.

Q. So in part of the page 3 of the 24-page enforceable undertaking, it states that a Blue Mountains City Council worker was directed to sift the excavated soil from the car park shift with a machine called a shaker. Are you aware which Blue Mountains City Council worker that was?A. No.

Q. Mr Taylor, you've said repeatedly that you're not part of the asbestos recovery team?A. No.

Q. Are you aware of a reason for that?A. I didn't apply for it.

Q. Right. Has it ever occurred to you that as the person who apparently was the most qualified at that time that you wouldn't be part of the asbestos recovery team?A. I didn't apply for it so ...

Q. Thank you. Just lastly, Mr Taylor, has the council thanked you ever officially for reporting --A. No. I don't think so. I don't remember ever getting an email thanking me for anything like that, no.

Q. I meant specifically for noticing the asbestos at the Lawson stockpile?A. No. I wouldn't expect so. I was just doing my job.

MR RYAN: Thank you.

<EXAMINATION BY MR SINGLETON:

MR SINGLETON: Q. To follow up, you were doing your job quite well, I suggest. You went out to the site on the same day that you first got some information that there might be asbestos?A. Correct.

Q. And you were scheduled to go on leave the next day,

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was it?A. That night, yeah, at 3 o'clock, I was supposed to be.

Q. In a sense, you'd started your leave but you went out anyway?A. Yep. I didn't finish until late and then I was doing the phone calls from West Wyalong the next morning.

Q. I'll ask the question anyway. Even though you were on leave, you followed up with some phone calls to quite a few colleagues to make sure things were being done?A. Yep.

Q. And, when you came back, you went and had another look?A. Yes.

Q. I think you saw some tape had been put around. Did you arrange for signs to be put up, or were they already there? A. No, I think (indistinct) they got them put up, yep.

Q. I won't get you to repeat the entire course for the asbestos class B certificate or the supervisor's certificate, but could I draw out a couple of key points. One part of the training was directed at identifying things that could be asbestos; is that right?A. Correct.

Q. It's not possible just by looking at something to tell whether it is or is not asbestos?A. Correct.

Q. If it is in a category that might be, it has to be scientifically examined or tested to know?A. Correct.

Q. Part of your training went to not only identifying but knowing what to do in terms of calling in expert handlers?A. Correct.

Q. But you were not qualified to handle it yourself?A. Correct.

Q. You indicated you weren't a member of the asbestos management project team and in the last few questions a couple of minutes ago you were asked about not being a

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member of the asbestos recovery team. I just want to clarify these different teams and roles. Firstly, there was an asbestos response team set up in December 2017. That's the one you were invited to apply for but chose not to apply for; correct?A. Correct.

Q. The asbestos management project team was set up on 8 June 2017 - different team; correct?A. Correct.

Q. On 6 June Robert Greenwood sent an email to all staff announcing the formation of the asbestos management project team?A. Yes.

Q. You were part of it but do you remember getting that?A. I got the email.

Q. And it named you as one of several members of the team?A. Yes.

Q. And were you a member of that team?A. As far as I was concerned, I was not part of that team. I had other core duties and I was doing those core duties.

Q. When the general manager appoints you to a team or a committee or whatever, prima facie you are a member of the team. Did you take it up with him and say, "No, I don't want to be on that team"?A. Yes, and that's where they said that they'd just call me in when I was needed.

Q. They didn't say you were off the team; they just said you'd come in when and as required? That was a yes. You nodded but we're recording this by sound. A. Yes.

Q. In effect going backwards in time but going back to an earlier period, 2012 onwards, in the course of your work as an asset coordinator - sorry, I've forgotten the title, but you managed building renovation projects and work of that kind; correct?A. Yes.

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Q. And you testified that one of the things you would do in such a project would ask the asset owner to be - sorry, to show the asset asbestos register?A. Correct.

Q. And by asset owner, we are talking about not the person on the title deed but the manager responsible for running that place; correct?A. Yes.

Q. And you said that frequently you would ask for the register but you wouldn't get it. A. Yes.

Q. And the sense - was that the majority of times that was the response, or just sometimes?A. I'm not going to say - just sometimes, yeah.

Q. And what did you do when you got such a response as "we don't have it" or "we won't show it"?A. I would just go through the building and would engage Airsafe to come in and look through and work out the recommendations before we started - before anyone started on site.

Q. Did you tell your supervisor, Mr Hahn, that you were frequently --A. Yes, there are emails that show it.

Q. You emailed Mr Hahn?A. Yes, there's emails from Mr Long, emails, quite a few, the manager of the asset at the time.

Q. We can have a look at those.

THE COMMISSIONER: Q. What would be the reason some buildings didn't have asbestos registers? Would it be the nature of the building that was unlikely to have asbestos in it or -- A. Any after 2001 wouldn't have asbestos in it. Anything before it, I'd always check.

THE COMMISSIONER: Q. So does that mean preferably any building built prior to, say, 2000 should have had an asbestos register?A. Yes.

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MR SINGLETON: Q. You referred in your evidence to the Katoomba waste management facility not being licensed to handle asbestos but nevertheless it has it present sometimes. It's the case, isn't it, that the public knowingly or unknowingly sometimes brings asbestos materials to that waste facility?A. I suspect. I don't work at there.

THE COMMISSIONER: Q. Is what people going to put in the dump checked, or do they just drive in and --A. I'm not sure.

THE COMMISSIONER: You don't know.

MR SINGLETON: Q. You were also asked some questions about the Wentworth Falls preschool. Before you went out to make your checks, did you look at the asbestos register to see what was identified on it in respect of that premises?A. Many times I wouldn't be in a place where I could go and check. I'd already be on the road somewhere out on site and I'd get the call to go straight there so I wouldn't have the ability to check the register.

Q. Can I interpret the evidence and you tell me if I am right or wrong. You don't recall if you did on this occasion, but quite often it wouldn't be feasible?A. Correct.

THE COMMISSIONER: Q. Say as an example the preschool, the registers wouldn't be kept on site, it's kept somewhere else, is it, in a record storage?A. I'm not sure at that time.

THE COMMISSIONER: Q. Or electronically?A. I don't know.

MR SINGLETON: Q. Has it come to your attention before or since the visit that the material you found that you suspected might have asbestos in it, and I think you put some quick glue on it, was on the asbestos register for that site?A. Wasn't sure. Maybe. Even if it was, I would still get it checked if I was asked to go and --

Q. Quite.

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THE COMMISSIONER: By that question are you telling the witness there was a register for this building?

MR SINGLETON: I'm instructed it was a register. I won't go into the details as to technical compliance. Airsafe put together I might call it a list, just to be neutral.

MR SINGLETON: Those are my questions, thank you.

MR RYAN: May I ask a supplementary?

THE COMMISSIONER: Sure.

<EXAMINATION BY MR RYAN:

MR RYAN: Just a follow up there when Mr Singleton asked if those registers weren't forthcoming from the asset owner and I think, Mr Taylor, you said you would just ring Airsafe and get them to go through the building, it wasn't very clear, if you don't mind me saying, what you would get Airsafe to do. Am I correct in assuming you'd get them to go through the building and identify any asbestos present, or assumed asbestos?A. Normally just to do with what I was asked for, what - in relation to what I was requested to do is where Airsafe would be engaged.

Q. Could you give me an example?A. If I had to remove the gable end in a building, I would get that recommendation for the gable end of the building.

Q. From Airsafe?A. From Airsafe.

Q. Thank you for that. So you weren't actually asking them to create an asbestos register?A. No.

Q. It was just particularly focused --A. Particular, yep.

Q. Just lastly, you did say earlier in answer to a question --

THE COMMISSIONER: Q. Does that mean Airsafe are removalists?

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A. No, they're the hygienists. They would do the recommendations and I would engage a contractor for the removal.

THE COMMISSIONER: Q. When you use the word "hygienist" you're using it as someone who identifies the asbestos on site?A. Correct.

THE COMMISSIONER: Q. And then a separate consultant or contractor is engaged to actually --A. Yes.

MR RYAN: Q. Mr Taylor, there was some confusion about registers. Were you aware, at least by 2017, which is when you said you last had worked with asbestos, that an asbestos register is supposed to be kept on site at all buildings?A. Yes.

Q. So I'm assuming, then, that when you asked a building owner, the asset owner for a register, that you were aware that if there wasn't one physically available in the building for you to access anyway?A. A vacant building is a vacant building, so they are not kept on site.

Q. What sort of register wouldn't be kept on site?A. In a community hall, because there's no-one there to hold the document. Community halls.

Q. That would be accepted practice, that a community hall wouldn't have the asset register --A. I don't know now.

Q. At that time I meant?A. Yes, that's correct.

Q. Just lastly, you were asked a question about why the stockpiles at Lawson weren't removed. Where would they be removed to?A. To a licensed waste facility.

Q. Yes. And was there one of those in the Blue Mountains area?A. Not for that material, no.

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Q. They would have to be moved out of the LGA?A. Correct.

THE COMMISSIONER: We need to be precise about this. My reading of the regulation 425 is that you don't need an asbestos register if no asbestos has been identified in the building. That means not every building, even if it's built before December 2003, needs an asbestos register. You need an asbestos register if someone has actually identified asbestos there.

MR SINGLETON: Yes. I don't have it in front of me yet but there might be reference to reasonable grounds.

THE COMMISSIONER: I thought we were getting into territory where it was becoming an offence not to have an asbestos register for every building, which I don't think is right.

MR SINGLETON: I don't think we've got to that territory yet.

THE COMMISSIONER: I wasn't suggesting that. You certainly need one if asbestos has been identified in the workplace as defined, which can be a building or whatever.

MR RYAN: Q. Just following that on, I'm assuming you asked for an asbestos register on buildings when you thought it was appropriate to ask for an asbestos register?A. Correct.

Q. It's not every building?A. No.

THE COMMISSIONER: Q. But the only reason I raise that is it doesn't necessarily follow, even if someone asked for an asbestos register, that there must, under the law, be an asbestos register, because my reading of the relevant clause is that it says it does not apply to a workplace if (a) - and you identified this - part of the building was constructed after 31 December 2003 and, (b), no asbestos has been identified at the workplace and then you need (c), none is likely. Now, you might be asking where is your asbestos register, because you think there's a likelihood of asbestos in this building for whatever reason; would that be right?A. Yes.

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THE COMMISSIONER: Q. But you need all those things in place before --A. I would ask for an asbestos register when I knew there was asbestos in that building.

THE COMMISSIONER: Yes, of course.

MR RYAN: Q. Thank you, Mr Taylor. And bearing in mind class B qualification, part of that was identifying asbestos?A. Yes.

Q. Mr Taylor, you've mentioned in passing that there may have been issues with funding as a reason for not having removed the Lawson stockpile in the month or months following the identification. Why did you make that comment?A. Well, it was obviously going to be an expensive removalist, because at that time they were working out where the funds were going to come from (indistinct) and then I never got asked again.

Q. Was it your belief at the time that the action wasn't taken in a timely manner because of a lack of or uncertainty about funding?A. I don't know. I can't answer that.

THE COMMISSIONER: Q. Just pausing there, are you looking at that clause that I was looking at?

MR GLOVER: I am, Commmissioner.

THE COMMISSIONER: I'm not sure whether I'm right now. I think it's got to be built after 31 December 2003 and it's got to not have been identified as having asbestos and it's got to be not likely to have asbestos, otherwise you do need an asbestos register.

MR GLOVER: That's right, so subparagraph (6) are all cumulative, they are "and", "and", "and". Anything built in that category, even if there is no asbestos in the building, there must be a register and (3)(b) deals with the scenario where even for a workplace that's not within subparagraph (6) --

THE COMMISSIONER: If it is a building or a workplace and

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it's constructed before 31 December 2003, even if you don't suspect it's likely to have asbestos, you need a register, do you?

MR GLOVER: Yes, and the register must state in (3)(b) that there's no asbestos there.

THE COMMISSIONER: Yes, and even if it is a workplace built after 31 December 2003, if you think it's likely that there's asbestos there, you've got to have a register - you've certainly got to have one if asbestos is identified there.

MR GLOVER: That's my reading of it.

THE COMMISSIONER: I've clarified what I'm saying, that unless you tick all three boxes in subclause (6) of 425 you need an asbestos register.

MR GLOVER: That would be my reading of it.

THE COMMISSIONER: That's the way I read it. There are not many other logical ways of reading that clause, I don't think. There may not be any.

MR GLOVER: Subparagraph (6) is cumulative.

THE COMMISSIONER: Did you follow all that? You were nodding your head as though you did. Do you want to ask more questions?

MR RYAN: I have nothing further.

MR SINGLETON: Nothing arising.

MR GLOVER: Nothing arises.

THE COMMISSIONER: We have Mr Beer.

<MARCUS BEER, sworn: [3.08pm]

<EXAMINATION BY MR GLOVER:

MR GLOVER: Q. Mr Beer, could you state your full name, please? A. Marcus Beer is my name.

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Q. And you are employed by the council?A. Yes.

Q. What's your current role?A. I was employed as project manager buildings.

Q. Is that your role as of today?A. It is.

Q. When did you commence your employment with the council?A. Around this time in 2012.

Q. Have you held the same role the whole time or -- A. I have.

Q. Can you describe in general terms your day-to-day responsibilities?A. Involved in the procurement, design and delivery of capital works such as this building we're in now, site inspections, variation approval, progress claims, all those sort of things that go along with managing the contractors that deliver our buildings.

Q. And what directorate or part of your council does your role sit within?A. I believe we're called major projects and infrastructure at the moment. It changes every few years.

Q. And who do you currently report to?A. I currently report to Cale Brown and Peter Chudek.

Q. In about 2016, who did you report to?A. It would have been David Flintoft and Rick Harris at that time, I believe.

Q. And was one of the projects that you had some involvement in the construction of the car park at what's known as the Lawson Mechanics Institute?A. Yes, I did.

Q. What was your involvement in that project?A. My involvement, from memory, around August 2016 was to get the construction certificate pushed across the line because they hadn't been fully approved for building compliance and then to focus on getting the building itself renovated with an extension.

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Q. The construction certificate was for the car park part of it, was it?A. It was for both. We ended up splitting that because of timing issues. It was late.

Q. What's involved in getting a construction certificate over the line from your perspective?A. There's a whole range of issues. I believe, for instance, that one had an outstanding RMS requirement to get the approval on a rain guard there to treat the storm water coming off the site. Everything to do with those sort of things to make sure the documentation, plans are in accordance with the DA conditions that precede that, make sure the hours of construction are set, not working Sundays, all sorts of things.

THE COMMISSIONER: Q. It has to be met, otherwise you don't meet the provisions of the EPA regs for the construction certificate?A. The regulations are usually dealt with under the DA and they tell you what you have to look at.

MR GLOVER: Q. Ultimately, you got that certificate over the line and the car park was built; correct?A. We did, yes.

Q. We'll go to the 283 Great Western Highway bundle.

THE COMMISSIONER: What are we looking at now?

MR GLOVER: The 283 Great Western Highway bundle.

THE COMMISSIONER: I've got it, but for some reason this particular bundle is tiny. I need a magnifying glass. I don't seem to be able to correct it, either. Anyway, go on, I'll cope.

MR GLOVER: Q. Mr Beer, if you just turn past the index, you'll see that throughout the bundle there are some big bold numbers at the bottom. Do you see those?A. Yes.

Q. If you turn to page 2, there's a report from SESL Australia dated 1 November 2012; do you have that?A. I do.

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Q. Have you seen this report before?A. I have.

Q. Did you come across this report as part of the work to get the construction certificate?A. I came across that in the project files under an RMS lease for the land.

Q. If you just turn ahead to page 4, under the heading "Field work and laboratory test results", do you have that?A. Yes.

Q. There's a reference to asbestos-containing bonded fibre cement material ... was observed on the site. And then if you just turn ahead to page 6, and the conclusions and recommendations, about halfway down, fourth line, two pieces were identified on and around the site. Their visible presence suggests that there is a potential for more to be present. In addition to this, there is a greater chance of increased respirable fibres that can be airborne. Recommendation of SESL Australia that the site implement an asbestos management plan to ensure appropriate identification removal, et cetera.

Do you see that?A. Yep.

Q. And did you - having come across this report in the file as you described it, did you raise it with anybody?A. I did.

Q. Who did you raise it with?A. I raised it with my supervisor and our representative who was looking after the car park and another person in our organisation who is very familiar with waste.

Q. So your supervisor at the time, was that Mr Flintoft?A. It was.

Q. You mentioned a second person. Who was that?A. That was Mark.

Q. Mr?A. Mr Bondfield.

Q. And the third person was?A. Sally Thompson.

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Q. I'm going to show you an email chain.

THE COMMISSIONER: This is not in the bundle, obviously.

MR GLOVER: Not in the bundle.

Q. Mr Beer, it starts with an email from Ms Thompson to you and Mr Lawrence, that's the end of the chain, but the chain starts on the second page of that bundle. If you turn to page 2. You'll see there's an email from you dated 15 August 2016 at 9.10am. Do you have the very start of that email header?A. The email is to me.

Q. From you, at the very foot of the second page.

THE COMMISSIONER: Q. Bottom left corner?A. Yes.

MR GLOVER: Q. It just starts and then your email's over the page. Just have a read of that email and let me know when you're finished.A. Okay.

Q. Is that the email by which you raised the issue, the content of that SESL report?A. It appeared to be the case, yes.

Q. Ms Thompson then responds to your email?A. Yes.

Q. Working back to the front of this page, she responds on 31 August?A. Yes.

Q. And makes a recommendation. Is it right that you deferred to her experience on this issue? Is that right?A. That's what I did, yes.

Q. Then back on page 1 you respond again. This is on 1 September 2016. Do you have that email?A. Yes, I do.

Q. In the middle of the page?A. Yes.

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Q. You respond to Ms Thompson in the paragraph commencing, "Can you discuss"; do you have that paragraph?A. I do.

Q. You say:

I would think the critical question for determination is if extra monitoring or testing is required.

A. Yes. Yes, I questioned that.

Q. You were raising with her whether something more needed to be done?A. That is right, yes.

Q. Then she responded to your email, so the very first one in that chain, at 10.38.A. Yes.

Q. With her view that the report was adequate. Do you see that?A. That's correct.

Q. Is it the case that you were raising these issues for consideration by your supervisor and Ms Thompson?A. That's right. I found the report and I wanted to talk to the other parties to make sure that it was handled the way it should be.

THE COMMISSIONER: Q. What was Sally Thompson's position, do you remember?A. She worked in our waste team. I believe she had an environmental science background.

MR GLOVER: The title's on the second page, Commissioner, at point 8.

THE COMMISSIONER: Yes, waste and resource engineer, yes.

MR GLOVER: Q. So you raised it for their consideration and, in your view, it was for them to determine the ultimate way forward; is that right?A. That's right. So I referred it to Mark who was looking after the carpark works, and Sally, to make sure that those two people dealt with that correctly.

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Q. Having raised this, did you have any more involvement in managing the issue raised in that SESL report?A. Once the CC was established, I focused on doing the construction within the building part of the site. We had a site fence established between the two zones, and then my focus was on that construction. That's my background.

Q. So once the CC for the carpark was issued, your focus shifted and you had no further involvement in the carpark construction; is that right?A. That's correct, yes.

Q. I show you another --

THE COMMISSIONER: Just hang on a second. Are you done with that email chain?

MR GLOVER: Yes. I will tender that.

THE COMMISSIONER: I think we better.

EXHIBIT #83 BUNDLE OF DOCUMENTS IN RELATION TO 283 GREAT WESTERN HIGHWAY, 314 PAGES, TOGETHER WITH EMAIL CHAIN COMMENCING FROM MR BEER TO MR BONDFIELD AND MR HARRIS OF 15 AUGUST 2016 AND CONCLUDING WITH AN EMAIL FROM SALLY THOMPSON TO MR BEER AND MR LAWRENCE

EXHIBIT #84 BUNDLE OF DOCUMENTS RELATING TO SPRINGWOOD DEPOT, 740 PAGES

EXHIBIT #85 BUNDLE OF DOCUMENTS RELATING TO WENTWORTH FALLS PRE-SCHOOL, 147 PAGES

EXHIBIT #86 BUNDLE OF DOCUMENTS RELATING TO 2-6 PARK STREET LAWSON, 2369 PAGES

EXHIBIT #87 BUNDLE OF DOCUMENTS RELATING TO KATOOMBA WASTE MANAGEMENT FACILITY, 2122 PAGES

MR GLOVER: Q. Mr Beer, I'm going to show you another email. Just before I leave this one, Mr Beer, who was Mr Lawrence?A. I believe he's a printer. I don't know why he's on there.

Q. Mr Beer, this is an email chain at the top of the page from Mr Flintoft to Mr Creelman, Mr Troth and you.

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Do you have that?A. I do.

Q. 5 September. Do you recall Mr Creelman's position at this time?A. He was involved in overseeing civil work.

Q. And Mr Troth?A. Same, more delivery.

Q. The first email in the chain is from Mr Creelman to Mr Flintoft and Mr Troth. That's about halfway down the page. You're not copied into that. Then Mr Flintoft replies, copying you in? A. Yes.

Q. This is now referring to waste piles at the Lawson stockpile. Do you see that?A. Yes.

Q. I'll take you to it directly. In Mr Creelman's email of 4 September at 2.56, he's reminding Mr Flintoft there's a pile of about 400 to 500 tonnes of contaminated material at the Lawson stockpile site left over from the construction of the Lawson Mechanics Institute. Can you see that?A. I can see that.

Q. You're copied in to Mr Flintoft's reply, that the material is topsoil from the site of the construction of the institute carpark, and the material has been screened once. In September 2017, did you have any involvement in dealing with what's been described here as the contaminated waste piles at the Lawson stockpile site?A. Totally beyond my engagement.

Q. And although you're copied in to this email, did you have any discussions with Mr Flintoft about it at the time?A. Look, he is my supervisor. I might have asked him a week before or days before how he was going with the matter. It was public knowledge by that point in time, and he might have just copied me in on the basis of me asking a question.

Q. But you had no involvement at the time in responding to those issues; is that right?A. That's correct.

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MR GLOVER: Commissioner, I tender that.

THE COMMISSIONER: Which bundle would this be related to?

MR GLOVER: Park Street.

EXHIBIT #86 ADDITION OF EMAIL FROM MR CREELMAN TO DAVID FLINTOFT DATED 4 SEPTEMBER 2017 AND EMAIL FROM DAVID FLINTOFT TO MR CREELMAN OF 5 SEPTEMBER 2017

MR GLOVER: I'm going to show you one last email.

Q. Just to orient you, because I took you out of sequence, for which I apologise, Mr Beer, but if you turn to the second page of this email chain there's an email from you to Mr Flintoft of 14 November. Do you have that?A. I do.

Q. You say to Mr Flintoft:

As you have begun excavation late last week to clear the top layer of the soil at Lawson, have you made sure that the city services guys have been briefed on the consultant's report about having asbestos spot at all times.

Do you see that?A. I see that.

Q. Do you remember what consultants report you were referring Mr Flintoft to?A. He would have been referring to the SESL.

Q. Was there any particular reason you were drawing this to Mr Flintoft's attention at this stage?A. I was probably just reminding him because they had finally started the excavation site at the works. I think we were running a little bit on advance because we had a split CC, so we'd started the building works in advance of the carpark.

Q. So this was almost a reminder email of Mr Flintoft, "There is this report, is it all in hand"?A. Yes.

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Q. And then he responds to you. Sorry, he forward it to Mr Bondfield. What was Mr Bondfield's role?A. A similar role to myself, but more focused on civil works, rather than assets.

Q. So that's why he would be looking at the carpark, is that right?A. That would be right.

Q. And on the email header, the date of the response is lost, but he responds to you informing you that the guys on site are already aware of the asbestos issue and have dealt with a small contaminated area. Did that give you some comfort that the issue that you wanted to be kept in mind was being looked after?A. Yes, I had raised it, yes.

Q. And after this round of emails, is it the case, as you mentioned earlier, that you were then focussed on the building and left the carpark to Mr Bondfield?A. Yes.

EXHIBIT #83, ADDITION OF TWO PAGES OF EMAILS, THE FIRST FROM MR BEER TO MR FLINTOFT DATED 14 NOVEMBER 2016, 11.33AM

MR GLOVER: Thank you, Commissioner, that's all I have for Mr Beer.

THE COMMISSIONER: Mr Ryan, any questions?

MR RYAN: Yes. Just confirming this is part of exhibit 83?

THE COMMISSIONER: It is, yes, part of the emails that have just been tendered, yes.

<EXAMINATION BY MR RYAN:

MR RYAN: Q. Thank you, Mr Beer, my name's James Ryan, I'm representing Councillor Brown.A. I understand.

Q. I'm just trying to understand the emails that we've just been given. The first question I was going to ask you, which I think has now been answered, is that Ms Thompson says in her email dated 31 August at 6.55pm, in response to you, that even though she suggests the

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excavated material is safe to explore and re-use elsewhere, based on the following factors - there were no asbestos fibres detected in the soil and two pieces could have been caused by litter - she does go on in another paragraph two-thirds of the way down to say that based on the location of the two pieces, and if there is sufficient concern, you could take 0.1 to 0.2 of a metre deep separately as solid waste to Blaxland Waste Management Facility prior to deeper excavation; correct?A. Yes.

Q. Her email of 1 September then says she believes the SELS report is adequate, but obviously, am I correct in thinking what happened is 0.1 or 0.2 centimetres of a metre of topsoil was taken off separately? A. Look, I thought the intent, from what she said in the emails and back at the time - it's several years ago - was for the purpose of the site, it was to establish if there was anything else there and then to deal with that if there was in that manner.

Q. To the best of your recollection, are you aware if they did this specific measure or not?A. No - look, I wasn't supervising the civil works.

Q. Yes.A. I couldn't comment. The only comment I can make is I checked at some point with Mark to make sure they were looking at it.

THE COMMISSIONER: You have to look at the whole email. I think that's given almost as another possible way to go. Her last sentence is, "Overall, I recommend fill from the site is suitable for re-use to construct the new carpark or at another location". That's the bottom line conclusion, I think. A. You're talking about a latent condition, you haven't actually established what's there.

MR RYAN: Q. On 14 November, you sent that email that we just discussed saying, "Have you made sure that the city services guys have been briefed on the consultant's report", to which there is the answer, "Yes, the guys on site are already aware of the asbestos issue and have already dealt with a small contaminated area appropriately". What does that sentence mean? Is the site the carpark site?

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A. Yes.

Q. What do you think small contaminated area means?A. Maybe they did find a small pocket of asbestos and they removed that as per proper protocols, so it didn't go out for re-use, it went straight out for hazmat land fill. That's how I would read that appropriately.

Q. It was separated and disposed of to the tip, so that's what you were saying, it was dealt with appropriately?A. A licensed waste receival depot, yes.

Q. So at that time when you were reading this, what were the procedures that you were aware of in the Blue Mountains council that would have governed this?A. Look, the procedures that we have now in place are a lot more tight than what we had back then. Generally I wasn't aware of any specific procedures about how to deal with that in terms.

Q. So there's some commentary in these emails, your commentary about part 5, which I think is a reference to part 5 of the EPA Act of general works that weren't being conducted under a specific DA. Then Mr Bondfield's response to you that this is not a part 5, this work is occurring under a DA?A. He's quite right.

Q. To be clear, I'm not talking about a framework under a DA, I'm talking about asbestos management policies?A. Okay, I'm not sure --

Q. What would have been in your mind as the appropriate policies to conduct this?A. Well, in an appropriate manner, he means under the normal legislation requiring you to deal with asbestos under the - it would have been the 2011 safe working with asbestos procedures.

Q. Were you aware of any Blue Mountains council policy specifically that dealt with that?A. No.

Q. Are you aware if there was anyone at the Blue Mountains council that was trained in that legislation that would deal with asbestos issues?A. Well, I would expect anyone from the environmental

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team to have some idea about it and some of the people from waste as well, who receives the stuff.

Q. If I go back to your original email, Mr Beer, I think you used the word you believe it is "imperative" that even though there were two - this is the one on 15 August - the report may be just being opportunistic to gain repeat business for SESL, but nonetheless it shouldn't be ignored. I think you used the word "imperative":

I think it is imperative that further investigation occurs at this site.

So you were sufficiently concerned then?A. Well, I wasn't necessarily saying that you should physically go and dig up the soil, you should investigate the matters at hand and make sure you cover all bases.

Q. Yes, and on receipt of the emails from Sally Thompson, you were satisfied?A. I believe I handed the information to the right parties, and then it could be dealt with appropriately.

Q. Just one last question, then. The response from Mr Bonfield in that very short email, I think it's the third sentence, says:

We understand that the CC hasn't been issued as the only factor holding it up is the sewer line, which we're working around.

So just for clarification, we had a DA but we didn't have the CC at that point?A. We were very close. We had the CC released to the building work and there was just a couple of matters, I think it was the RMS mainly that was holding it up, just about the flows for the rain guard or some trivial matter.

Q. But, nonetheless, work was starting on the carpark site without that CC being signed off?

THE COMMISSIONER: Q. You had a separate CC, I think you said? A. I did for the building work, yes.

MR RYAN: Q. But this is for the carpark, correct?A. Yes. Now, I think you are entitled to start some site

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works, such as mobilisation and things like that.

Q. Yes. So excavation of the top part of the soil was occurring without the CC, maybe you would call that a technicality? A. Yeah, maybe. It's minor really, but it wasn't thorough.

MR RYAN: Thank you.

THE COMMISSIONER: Mr Singleton?

MR SINGLETON: Just a couple.

<EXAMINATION BY MR SINGLETON:

MR SINGLETON: Q. I just want to clarify the project management structure with a series of questions firstly. There was a development application that covered both the carpark site and the hall known as the Lawson Mechanics Institute? A. That's correct.

Q. That development application was prepared by Mr Flintoft?A. Yes, yes, that particular one, yes, 2016.

Q. The development application was granted. There was a development consent?A. That's right, yes.

Q. Before significant work to actually do it occurred, there had to be a construction certificate issued?A. That's right, yes.

Q. The project considered as a whole with both sites was Mr Flintoft's responsibility as overall project manager, correct?A. Mark didn't answer to me, no, that's correct.

Q. The project was divided into two, one being the hall and the other being the carpark?A. Yes, my background is a carpenter, so I focus on the building side of things, so yes.

Q. The question is divided into those two bits?A. Yes, sorry.

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Q. You were the project manager for the hall?A. That's right.

Q. And Mr Bonfield was the project manager for the carpark?A. That is right.

Q. However, you played a role in getting the construction certificate over the line for both parts?A. That is correct, yes.

Q. It was in that context that you came across the SESL report?A. That's right.

Q. And drew it to the attention of relevant people?A. That's right, yes.

Q. The four people to whom you sent the original email in time that's been put into evidence, exhibit 82, were Bondfield, Harris, Thompson and Flintoft. Of those, the three men were, in a line of command, overseeing the carpark - Bondfield for the carpark, Flintoft for the whole project and Mr Rick Harris was the branch manager?A. Yes, that's correct.

Q. Ms Thompson was included in your email because of her knowledge and expertise in waste, and she's in another part of the organisation, correct?A. She was included because she works for our organisation and she has a background in it.

Q. You'll see that she does not reply to your email by way of "reply all". If you go to the subject line of yours, this is at the bottom of page 2 of the first set of emails put to you, it has "From: Marcus Beer", and under the "Details", "Mark,"; do you see that?A. Yes, I'm a little bit confused about which one?

Q. Just go to the first page. There is one that has --A. Can you give me a date and time?

Q. It has the date that Flintoft printed it out. If you go to the second page from the bottom, there is an email from you to others dated 15 August 2016 at 9.10am?A. Yes.

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Q. And the subject is "Fill Material Lawson"?A. Yes.

Q. Do you see it?A. I'm on it, yes.

Q. If you go up page, the next email in the chain is about two weeks later, from Sally Thompson. It doesn't have "Subject RE", for reply, it has "Subject Lawson Mechanics Institute Carpark Project Implications of Asbestos in Soil Testing Report", and if you look at the people to whom she sent the email, I don't need to say you would know this, but I suggest that it appears she has typed in "Mark" as a recipient, and instead of Bondfield coming up, she's mistakenly sent it to Mr Lawrence. Given your knowledge of Mr Lawrence's role and the fact that Mr Bondfield should have got it, is it possible, from your general experience of emails, that perhaps Mr Lawrence was a closer friend of Sally Thompson and his name came up first and she accidentally sent it to him?A. I would say that is possible.

Q. But you corrected it. Go back to the first page, Thursday, 1 September, it's a reply email, if you look at the subject line, but you've added in Mr Bondfield?A. I wouldn't have noticed that but, yes, I do now.

Q. You must have --

THE COMMISSIONER: Mr Lawrence has been kept in the loop, and wondering why the hell he's getting these.

MR SINGLETON: Q. But you must have noticed it at the time? A. I must have noticed at the time, yes.

Q. Having clarified that in a roundabout way and showing your attention to detail, I just have another matter. Asbestos was expected to be in the mechanics institute hall because it was a very old building, correct? A. Yes, you would assume that.

Q. And, as it turns out, it was?A. It was on some of the sheeting, yes.

Q. You arranged through a professional company to have it

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removed properly?A. The head contractor arranged an appropriate subcontractor to remove the product, yes.

Q. I'll be more precise. You arranged a contract company to do the work and, through them, they did the specific organising, another company was organised to remove the asbestos properly?A. Yes, that's right.

Q. You are aware of no complaints or issues having been raised in respect of the work on the hall?A. Not to my knowledge, no.

MR SINGLETON: Those are my questions, thank you, Commissioner.

THE COMMISSIONER: Anything arising?

MR GLOVER: No, Commissioner.

THE COMMISSIONER: Thank you, Mr Beer, you are free to go.

<THE WITNESS WITHDREW

THE COMMISSIONER: On my list for tomorrow I have Mr Kitching, but it says "to be confirmed".

MR GLOVER: Yes, he will not be here tomorrow.

THE COMMISSIONER: Is that because he's unwell or he hasn't been found to be served with a summons?

MR GLOVER: He's been served with a summons and we are working through issues to try and secure his attendance. He has provided an application to be excused from attending. He submitted an application to be excused from his summons.

THE COMMISSIONER: On what grounds?

MR GLOVER: Medical grounds.

THE COMMISSIONER: With a medical certificate?

MR GLOVER: With a medical certificate.

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THE COMMISSIONER: I'll look at that tomorrow, or tonight.

MR GLOVER: Yes. We know he won't be here, but we are working with him to see if in some way his attendance could potentially be managed later.

THE COMMISSIONER: Mr Parsons and Mr Kane-White are current members of staff, so --

MR GLOVER: Yes, they will be here.

THE COMMISSIONER: Okay. Will they take up the whole day?

MR GLOVER: There's a reasonable chance we'll finish some time just after lunch. That will be hard to predict.

THE COMMISSIONER: Can we move anyone from Wednesday up?

MR GLOVER: I'm trying to add another one to Wednesday because there is a series of witnesses on Wednesday who I expect will already be fairly confined. Mr Kitching I had expected to take a larger portion of tomorrow.

THE COMMISSIONER: I can explore this with you after, but perhaps it's better to do it with everyone here because it involves them. Would it make any sense for someone that's currently listed on Wednesday to give evidence tomorrow?

MR GLOVER: They could do that, then we could reshuffle Wednesday as well to fill the day as best we can.

THE COMMISSIONER: It's better to do the best we can to fill every day, I think.

MR GLOVER: Yes.

THE COMMISSIONER: And finish the inquiry earlier.

MR GLOVER: Quite so. Had Mr Kitching been here tomorrow, we would have had a full day.

THE COMMISSIONER: I understand. When did we get the notice from him?

MR GLOVER: Late last week, but we were still working to try --

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THE COMMISSIONER: You don't have to tell me on the record at the moment. We'll see what happens there, but he's definitely not coming tomorrow?

MR GLOVER: He's definitely not coming tomorrow.

THE COMMISSIONER: Thank you. We'll adjourn until 10amk tomorrow.

AT 3.4PM THE INQUIRY WAS ADJOURNED TO TUESDAY, 10 MARCH 2020 AT 10AM

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2010 [1] - 961:182011 [3] - 956:39,

958:13, 1042:372012 [30] - 943:37,

948:32, 949:35, 949:42, 950:2, 950:20, 951:34, 956:46, 961:28, 961:29, 961:39, 963:25, 964:14, 964:46, 966:4, 972:11, 975:41, 1000:42, 1000:45, 1001:2, 1001:10, 1001:22, 1002:11, 1002:21, 1002:22, 1003:13, 1024:42, 1032:12, 1033:45

2013 [12] - 965:23, 966:13, 966:15, 967:4, 968:2, 968:10, 968:19, 968:36, 970:2,

.09/03/2020 (10) Transcript produced by Epiq

1

970:40, 981:122013" [1] - 968:172014 [7] - 969:17,

970:16, 971:46, 972:3, 972:23, 973:15, 1004:40

2015 [9] - 973:29, 973:34, 974:8, 974:13, 974:46, 975:4, 975:12, 976:10, 1004:40

2016 [22] - 947:10, 960:13, 975:29, 975:40, 976:3, 976:5, 976:12, 977:22, 977:24, 977:27, 978:12, 978:15, 978:18, 981:16, 1032:33, 1032:43, 1035:12, 1035:42, 1037:25, 1040:24, 1044:26, 1045:46

2017 [64] - 943:43, 943:45, 944:5, 944:17, 944:23, 944:30, 945:9, 945:23, 945:46, 946:19, 947:10, 951:23, 951:32, 951:34, 954:22, 954:26, 954:32, 954:39, 954:44, 955:2, 955:15, 955:17, 955:39, 956:2, 956:7, 979:10, 979:19, 979:26, 979:36, 980:3, 980:25, 981:23, 981:31, 981:43, 986:13, 987:29, 987:31, 988:11, 988:29, 991:32, 1004:29, 1004:31, 1004:32, 1005:7, 1005:39, 1006:5, 1006:32, 1006:40, 1006:43, 1012:12, 1012:33, 1015:34, 1016:2, 1016:6, 1016:47, 1017:8, 1019:44, 1019:46, 1024:3, 1024:9, 1028:15, 1038:32, 1039:9, 1039:10

2018 [25] - 943:7, 944:36, 944:40, 944:45, 945:20, 946:10, 946:23,

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946:30, 946:31, 946:37, 946:39, 953:19, 953:26, 954:26, 954:40, 956:13, 988:19, 988:30, 989:39, 990:10, 990:40, 1017:3, 1017:5, 1018:24

2019 [5] - 947:27, 948:3, 953:19, 990:10, 990:40

202 [1] - 1008:342020 [7] - 942:40,

948:15, 950:28, 951:13, 953:15, 953:35, 1049:11

203 [1] - 1009:43208 [7] - 1007:47,

1008:18, 1008:22, 1008:37, 1008:44, 1008:45, 1009:3

209 [3] - 1008:5, 1008:46, 1009:16

21 [3] - 956:7, 1012:33, 1012:42

2110 [1] - 986:262122 [1] - 1037:38214 [1] - 1008:41215 [2] - 1008:20,

1008:3922 [8] - 946:10,

946:30, 954:39, 955:2, 955:15, 955:25, 982:39, 989:26

223 [1] - 948:43223(1)(a [1] - 948:36223(1)(b [1] - 951:25223(1)(c [2] - 947:42,

950:6223(1)(g [1] - 951:10223(1)(i [1] - 950:24223(1)(l [1] - 950:402231 [1] - 986:40224 [1] - 965:24225 [1] - 966:2226 [2] - 966:16,

966:21227 [1] - 966:262288 [1] - 987:202298 [1] - 987:3423 [5] - 947:34,

948:31, 950:36, 951:21, 984:3

2307 [3] - 987:31, 987:39, 987:45

233 [1] - 966:282369 [1] - 1037:3523A [6] - 964:34,

964:37, 966:42, 967:2, 975:42, 981:20

24 [6] - 947:34, 948:31, 949:9, 950:1, 950:36, 951:21

24-page [1] - 1022:92418 [1] - 988:4244 [2] - 966:40,

966:43248 [2] - 967:4, 969:332519 [1] - 1018:72528 [1] - 988:172529 [1] - 988:34253 [2] - 967:38,

967:45258 [1] - 968:626 [1] - 1010:252601 [1] - 988:422640 [1] - 989:252669 [1] - 989:3727 [3] - 943:7, 969:17,

989:39274 [1] - 960:29275 [1] - 960:2928 [1] - 1014:44283 [4] - 991:3,

1033:28, 1033:32, 1037:22

29 [2] - 982:42, 1014:15

2958 [1] - 990:12

3

3 [23] - 944:41, 945:34, 948:8, 948:13, 950:1, 954:15, 957:37, 958:27, 966:11, 970:21, 970:26, 980:22, 984:4, 991:13, 991:23, 992:37, 992:39, 994:1, 994:24, 994:30, 1010:24, 1022:9, 1023:2

3)(b [2] - 1030:43, 1031:5

3.08pm [1] - 1031:403.4PM [1] - 1049:1030 [1] - 988:3030-32 [1] - 942:363028 [1] - 990:203031 [2] - 990:20,

990:2631 [8] - 947:10,

1013:33, 1029:41, 1030:35, 1031:1,

1031:9, 1035:34, 1040:46

314 [1] - 1037:233191 [2] - 990:44,

991:83199 [1] - 991:113207 [1] - 991:133233 [1] - 991:283272 [2] - 991:36,

991:4133 [2] - 1012:14,

1014:2134 [3] - 973:22,

1012:31, 1012:423571 [1] - 992:103573 [2] - 992:6,

992:193574 [1] - 992:283577 [1] - 993:43580 [1] - 993:273589 [1] - 993:353606 [2] - 999:17,

999:2137 [1] - 1014:4338 [1] - 961:24382 [1] - 968:14383 [1] - 969:7

4

4 [14] - 945:10, 945:37, 947:31, 947:45, 948:4, 954:15, 954:31, 961:15, 962:43, 991:26, 994:6, 1034:9, 1038:22, 1039:9

40 [6] - 961:35, 962:4, 962:27, 963:10, 966:18, 966:30

400 [1] - 1038:2341 [2] - 962:20, 962:40419 [2] - 958:19,

958:2442 [1] - 970:20420 [2] - 958:31, 959:1422 [1] - 959:10425 [3] - 959:17,

1029:5, 1031:17425(1 [2] - 947:12,

991:10426 [1] - 959:19427 [1] - 959:20429 [1] - 959:24429(2 [2] - 947:15,

991:13430 [1] - 959:32435 [2] - 959:36,

959:37438A [1] - 946:11

438U [3] - 942:23, 943:10, 952:7

439 [1] - 949:44439(1 [1] - 949:37445 [3] - 959:38,

959:41, 959:43445(1 [1] - 947:2145 [1] - 978:46456 [2] - 965:32,

965:3646 [1] - 1011:11461 [2] - 969:16, 970:8462 [1] - 970:23464 [1] - 970:35474 [1] - 970:39479 [1] - 971:21479(1 [1] - 947:1848 [1] - 1011:14480 [3] - 970:47,

971:8, 971:949 [1] - 1011:344pm [2] - 1012:33,

1012:43

5

5 [19] - 945:39, 946:44, 949:46, 957:18, 957:19, 959:13, 962:1, 962:4, 972:43, 991:27, 993:4, 993:10, 1010:34, 1038:4, 1039:10, 1042:22, 1042:23, 1042:25

5.30 [1] - 1021:3850 [4] - 980:38,

981:12, 994:20, 994:30

500 [2] - 994:4, 1038:23

554 [1] - 971:2758 [1] - 975:4

6

6 [20] - 948:8, 948:10, 948:13, 950:17, 954:16, 955:29, 976:30, 981:32, 982:30, 987:40, 987:43, 992:12, 1006:7, 1008:16, 1024:12, 1030:40, 1030:45, 1031:17, 1031:26, 1034:15

6.55pm [1] - 1040:4660 [2] - 994:20, 994:3062 [2] - 981:17, 981:24661 [1] - 971:46662 [1] - 972:22

.09/03/2020 (10) Transcript produced by Epiq

2

664 [1] - 973:14676 [1] - 973:1569 [1] - 963:15

7

7 [4] - 946:44, 950:34, 970:40, 986:3

73 [1] - 973:19740 [1] - 1037:29

8

8 [14] - 947:10, 948:8, 948:13, 951:2, 954:16, 980:32, 983:31, 991:28, 993:26, 1005:7, 1005:39, 1018:24, 1024:9, 1036:37

8.3 [1] - 959:780 [3] - 965:33,

965:36, 991:282 [2] - 999:19,

1045:2183 [1] - 1040:3286 [2] - 1014:4, 1014:58A(1)(a [3] - 948:35,

949:15, 951:248A(1)(b [2] - 947:41,

950:48A(1)(c [1] - 951:88A(1)(e [1] - 950:398A(1)(i [1] - 950:238B [3] - 947:41, 950:5,

950:8

9

9 [8] - 942:40, 946:44, 947:27, 949:33, 951:19, 954:15, 954:39, 955:25

9.10am [2] - 1035:12, 1045:46

96 [1] - 963:2898 [2] - 963:35, 963:41

A

AAP [1] - 990:27ability [2] - 977:6,

1026:23able [1] - 1033:36accept [3] - 992:14,

1015:42, 1015:45accepted [2] - 947:27,

1028:32accepting [1] - 992:11Access [1] - 944:39access [3] - 959:21,

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998:26, 1028:24accessible [1] -

959:22accidentally [1] -

1046:21accompanied [1] -

971:29accompanying [3] -

975:26, 976:33, 988:33

accordance [13] - 947:40, 948:34, 948:46, 949:37, 950:4, 950:22, 950:39, 951:8, 951:23, 952:12, 958:29, 987:6, 1033:14

accountable [1] - 949:20

achieving [1] - 969:44acknowledgment [1] -

992:42ACM [12] - 958:28,

959:3, 959:12, 959:26, 972:17, 983:28, 984:35, 990:6, 1014:34, 1016:3, 1017:17, 1017:45

act [3] - 943:12, 943:16, 943:20

ACT [1] - 942:23Act [48] - 943:11,

943:15, 943:19, 943:22, 943:23, 943:41, 945:30, 946:7, 946:12, 947:25, 948:25, 948:31, 948:37, 949:13, 949:34, 949:38, 949:44, 950:6, 950:24, 950:41, 951:10, 951:26, 952:18, 956:20, 956:27, 956:39, 956:43, 956:46, 957:5, 957:13, 958:21, 959:44, 959:46, 960:22, 960:29, 960:42, 961:1, 962:16, 962:17, 964:3, 964:10, 964:35, 966:43, 981:20, 993:3, 1042:23

acted [2] - 949:42, 997:38

acting [2] - 944:18,

948:45action [10] - 945:35,

946:15, 946:40, 979:37, 980:1, 982:23, 982:25, 989:17, 991:35, 1030:24

action" [1] - 964:30Actions [1] - 966:7actions [13] - 945:41,

949:19, 954:26, 979:18, 982:46, 983:10, 983:17, 983:26, 983:46, 984:7, 990:31, 992:16, 1019:10

active [1] - 953:4activities [2] - 949:11,

984:8Acts [3] - 957:7,

964:5, 964:12acts [1] - 949:1actual [1] - 973:6Adams [1] - 1019:9add [1] - 1048:19added [1] - 1046:26addition [4] - 973:22,

990:40, 994:40, 1034:19

ADDITION [2] - 1039:8, 1040:23

additional [1] - 975:44address [5] - 945:38,

950:3, 969:41, 1010:43, 1019:11

addressed [3] - 953:43, 980:27, 1010:35

addressing [2] - 945:46, 950:38

adduced [1] - 995:24adequate [2] -

1036:21, 1041:13adjourn [4] - 979:1,

1000:10, 1000:15, 1049:7

ADJOURNED [1] - 1049:10

ADJOURNMENT [2] - 979:3, 1000:17

administration [1] - 979:15

administrative [3] - 951:44, 952:9, 995:45

admissible [1] - 960:21

adopt [4] - 964:32, 964:37, 981:8, 998:19

adopted [9] - 963:46, 964:9, 968:1, 975:25, 980:39, 981:3, 989:33, 997:38, 998:10

advance [2] - 1039:40, 1039:41

adverse [2] - 952:14, 998:35

advice [2] - 1005:40, 1005:45

advised [3] - 944:13, 944:20, 981:16

aerial [4] - 995:16, 996:7, 1008:1, 1008:45

affairs [1] - 948:45affirmed [1] - 1000:21afternoon [6] -

1007:3, 1007:4, 1007:35, 1009:25, 1010:16, 1011:7

afterwards [1] - 992:17

agencies [3] - 950:38, 950:46, 980:26

Agency [1] - 989:1ago [18] - 959:25,

962:13, 964:11, 966:41, 967:26, 968:37, 969:9, 969:24, 969:33, 970:14, 981:26, 983:46, 984:27, 1010:17, 1011:13, 1011:45, 1023:47, 1041:17

agree [2] - 953:28, 996:13

agreement [1] - 955:40

ahead [14] - 959:36, 961:24, 963:15, 966:28, 972:3, 976:38, 979:21, 1007:47, 1010:7, 1010:38, 1011:11, 1014:4, 1034:9, 1034:15

AHM [1] - 987:41aims [1] - 990:27air [2] - 946:24,

1020:25airborne [3] - 958:37,

958:40, 1034:21aired [1] - 954:38Airsafe [47] - 966:17,

966:21, 966:24, 966:34, 970:9, 970:13, 970:20,

970:21, 970:35, 971:6, 973:14, 975:1, 978:34, 979:42, 984:15, 986:12, 1004:39, 1004:47, 1007:5, 1007:27, 1007:30, 1007:34, 1010:11, 1010:24, 1010:47, 1011:7, 1011:42, 1014:13, 1014:33, 1016:31, 1017:40, 1019:28, 1020:46, 1021:1, 1021:32, 1021:39, 1021:40, 1025:22, 1027:5, 1027:19, 1027:21, 1027:25, 1027:33, 1027:34, 1027:46

all" [1] - 1045:35allegations [15] -

943:43, 943:47, 944:7, 944:12, 945:15, 946:24, 947:9, 947:24, 948:1, 951:32, 953:47, 954:37, 954:41, 972:24, 985:36

Allegations [1] - 944:44

allege [1] - 991:28alleged [8] - 953:38,

992:33, 992:42, 992:46, 993:18, 993:23, 994:1, 994:9

allocated [1] - 989:46allocation [7] - 951:7,

951:15, 987:29, 988:21, 988:30, 988:35, 989:46

allow [2] - 958:26, 969:40

almost [3] - 983:6, 1039:44, 1041:32

amalgamating [1] - 965:45

amended [1] - 955:39amenities [1] -

1017:15amosite [2] - 1010:32,

1011:36AN [1] - 1037:25analyse [1] - 1010:2analysis [6] - 947:15,

962:10, 966:3, 976:8, 991:24, 1011:34

AND [4] - 1037:24, 1037:25, 1037:26,

.09/03/2020 (10) Transcript produced by Epiq

3

1039:9and" [1] - 1030:41Angus [1] - 952:23announced [1] -

983:40announces [1] - 986:3announcing [2] -

983:34, 1024:13answer [13] - 961:40,

962:12, 982:16, 994:16, 1011:45, 1019:37, 1020:38, 1020:40, 1021:11, 1027:43, 1030:27, 1041:43, 1044:39

answered [1] - 1040:45

anticipate [1] - 989:24anyway [6] - 972:14,

972:40, 1023:5, 1023:9, 1028:24, 1033:36

apart [2] - 950:10, 1011:44

apologise [2] - 996:34, 1039:15

Appeal [1] - 946:36appeal [1] - 946:37appealed [1] - 946:36appear [8] - 946:28,

952:28, 952:43, 954:7, 954:43, 956:17, 982:7, 990:43

appearances [1] - 954:5

appeared [2] - 954:25, 1035:28

appearing [1] - 988:34application [5] -

1044:19, 1044:24, 1044:28, 1047:36, 1047:37

applied [1] - 1016:46apply [10] - 952:10,

952:19, 959:4, 1006:15, 1006:16, 1022:21, 1022:26, 1024:4, 1024:5, 1029:39

appoint [2] - 943:12, 944:10

appointed [6] - 943:8, 943:18, 952:22, 952:23, 952:25, 1017:2

appointment [1] - 943:10

appoints [1] - 1024:29appraisal [1] - 966:26

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appreciate [1] - 960:18

Approach [1] - 944:41approach [7] - 953:3,

954:23, 957:12, 960:12, 963:44, 990:21, 991:36

Approach" [1] - 972:32

appropriate [13] - 949:11, 950:45, 950:47, 951:6, 959:14, 961:2, 991:47, 992:17, 1029:29, 1034:22, 1042:33, 1042:35, 1047:2

appropriately [3] - 1042:7, 1042:10, 1043:22

appropriately" [1] - 1041:46

approval [9] - 956:9, 971:46, 972:2, 972:19, 973:17, 973:30, 978:15, 1032:21, 1033:11

approved [5] - 978:17, 986:43, 991:38, 992:5, 1032:45

April [11] - 947:46, 948:3, 961:28, 963:25, 966:12, 970:16, 970:38, 975:40, 976:3, 980:25, 981:23

area [10] - 1009:9, 1013:39, 1014:24, 1014:38, 1014:41, 1016:39, 1028:45, 1040:13, 1041:45, 1042:3

areas [3] - 962:41, 965:47, 976:47

argued [1] - 946:1arise [3] - 954:18,

957:28, 961:8arises [1] - 1031:36arising [7] - 946:17,

956:27, 958:7, 972:28, 1001:44, 1031:34, 1047:18

arose [3] - 1001:23, 1001:32, 1012:10

arrange [3] - 987:24, 1016:32, 1023:19

arranged [6] - 1010:15, 1021:39, 1021:42, 1046:47, 1047:2, 1047:5

arrangement [1] - 986:5

arranging [1] - 1017:33

arrived [1] - 977:30arrives [1] - 973:15article [1] - 954:31asbestos [350] -

943:29, 943:36, 943:44, 943:46, 944:8, 944:26, 944:35, 945:31, 945:34, 945:37, 945:38, 945:43, 946:3, 946:5, 946:13, 946:19, 946:43, 946:47, 947:11, 947:13, 947:16, 947:17, 947:19, 947:39, 948:33, 949:25, 949:29, 949:36, 949:42, 950:3, 950:14, 950:31, 950:38, 951:16, 951:22, 951:29, 951:31, 953:25, 954:18, 954:24, 954:28, 954:38, 955:34, 955:46, 956:3, 956:24, 956:25, 958:12, 958:27, 958:28, 958:30, 958:37, 959:3, 959:8, 959:12, 959:18, 959:22, 959:25, 959:26, 959:39, 960:3, 961:16, 961:17, 961:19, 961:22, 961:24, 962:25, 962:42, 962:43, 963:8, 963:12, 963:26, 963:34, 963:41, 963:43, 964:22, 964:32, 964:47, 965:5, 965:14, 965:17, 965:25, 965:33, 965:34, 965:37, 965:45, 966:9, 966:11, 966:18, 966:29, 966:42, 967:10, 967:16, 967:28, 967:38, 967:40, 968:14, 968:24, 968:27, 968:40, 969:11, 969:13, 969:40, 970:32,

971:14, 972:26, 972:45, 973:1, 973:31, 974:40, 975:13, 975:42, 976:2, 977:2, 977:14, 978:1, 978:15, 978:17, 978:21, 978:28, 978:33, 979:12, 979:23, 979:26, 979:37, 979:40, 979:46, 979:47, 980:1, 980:2, 980:8, 980:10, 980:11, 980:13, 980:14, 980:16, 980:21, 980:25, 980:39, 981:4, 981:7, 981:9, 981:10, 981:25, 981:27, 981:34, 981:47, 982:22, 982:24, 983:3, 983:9, 983:13, 983:18, 983:32, 983:43, 984:10, 984:27, 984:35, 984:43, 985:5, 985:6, 985:8, 985:16, 985:21, 985:24, 985:36, 986:4, 986:28, 986:37, 986:43, 986:44, 986:45, 987:21, 987:24, 987:28, 988:13, 988:22, 988:32, 989:29, 989:38, 990:11, 990:15, 990:16, 990:17, 990:19, 990:21, 990:27, 991:9, 991:12, 991:25, 991:27, 993:37, 993:41, 995:28, 995:30, 995:32, 995:36, 999:19, 1001:23, 1001:25, 1001:32, 1001:37, 1001:40, 1001:41, 1001:44, 1002:6, 1002:10, 1002:15, 1002:16, 1002:33, 1002:35, 1002:37, 1002:41, 1003:18, 1003:20, 1003:23, 1003:29, 1003:43, 1004:4, 1004:15, 1004:27, 1004:34, 1004:40, 1005:6, 1005:30, 1006:7, 1006:8, 1007:12,

1007:38, 1010:3, 1010:21, 1010:30, 1010:31, 1010:42, 1011:1, 1011:35, 1011:36, 1012:6, 1012:28, 1012:37, 1013:16, 1013:20, 1013:27, 1014:14, 1014:24, 1014:40, 1015:13, 1015:33, 1015:38, 1015:46, 1016:33, 1017:8, 1017:14, 1018:17, 1018:47, 1019:39, 1020:15, 1020:17, 1020:19, 1020:20, 1020:25, 1020:28, 1020:39, 1021:2, 1021:6, 1021:14, 1021:17, 1021:23, 1021:26, 1022:17, 1022:25, 1022:33, 1022:44, 1023:24, 1023:27, 1023:31, 1023:45, 1024:1, 1024:3, 1024:8, 1024:13, 1025:3, 1025:37, 1025:38, 1025:40, 1025:45, 1026:3, 1026:5, 1026:17, 1026:40, 1026:41, 1027:22, 1027:23, 1027:37, 1028:6, 1028:16, 1028:17, 1029:6, 1029:8, 1029:9, 1029:10, 1029:17, 1029:24, 1029:28, 1029:29, 1029:37, 1029:38, 1029:41, 1029:44, 1029:45, 1030:4, 1030:5, 1030:11, 1030:36, 1030:37, 1030:38, 1030:42, 1031:2, 1031:6, 1031:10, 1031:11, 1031:18, 1034:13, 1034:22, 1039:26, 1040:12, 1041:2, 1041:44, 1042:4, 1042:30, 1042:36, 1042:38, 1042:46, 1046:40, 1047:8

Asbestos [19] - 944:37, 944:39, 944:41, 944:42, 944:46, 967:5, 968:22, 969:17, 972:31, 980:18, 981:47, 982:45,

.09/03/2020 (10) Transcript produced by Epiq

4

984:30, 989:1, 1005:11, 1005:14, 1010:25, 1046:12

ASBESTOS" [1] - 999:23

Asbestos" [1] - 963:17

asbestos-containing

[7] - 947:17, 961:17, 971:14, 983:18, 991:25, 995:32, 1034:13

asbestos-related [4] - 947:19, 947:39, 1012:6, 1015:33

asbestos—exposure

[1] - 958:41aside [1] - 946:38asserted [1] - 952:14asserts [1] - 953:40assess [1] - 1014:34assessing [1] -

1014:38assessment [1] -

960:24assessor [1] - 1015:13asset [12] - 965:32,

1003:25, 1003:33, 1003:40, 1024:43, 1025:2, 1025:3, 1025:6, 1025:32, 1027:17, 1028:22, 1028:33

assets [12] - 970:30, 970:45, 972:2, 972:17, 973:19, 975:5, 984:28, 986:14, 986:17, 1001:19, 1003:39, 1040:4

assist [6] - 963:42, 964:42, 976:1, 981:8, 983:8, 1010:38

assistance [1] - 984:43

assisting [9] - 948:22, 952:24, 952:26, 952:36, 996:47, 997:41, 998:3, 999:36, 1020:10

associated [5] - 959:8, 968:22, 968:25, 968:28, 976:14

association [1] - 964:17

Association [3] - 964:42, 975:27, 976:1

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assume [1] - 1046:42assumed [2] -

1007:38, 1027:23assuming [3] -

1027:21, 1028:21, 1029:27

assurance [1] - 993:1AT [2] - 1049:10,

1049:11attached [3] - 977:10,

977:12, 1021:6attaches [1] - 955:23attaching [1] - 955:15attempt [1] - 968:44attend [3] - 997:42,

997:43, 1018:38attendance [6] -

990:43, 991:43, 999:1, 1015:17, 1047:35, 1048:4

attended [2] - 982:27, 1012:44

attending [2] - 1003:3, 1047:37

attention [7] - 961:13, 1000:4, 1002:36, 1026:38, 1039:37, 1045:17, 1046:39

attitude [1] - 977:8audit [11] - 962:28,

962:46, 963:5, 963:8, 966:29, 972:11, 976:13, 979:40, 980:8, 980:14, 980:20

auditing [1] - 963:9auditor [1] - 979:11audits [4] - 972:1,

972:7, 972:45, 973:31

AUGUST [1] - 1037:25August [16] - 947:10,

966:13, 967:4, 973:29, 975:4, 977:24, 977:30, 981:16, 986:3, 991:15, 1032:43, 1035:12, 1035:34, 1040:46, 1043:6, 1045:46

Australia [4] - 960:8, 961:22, 1033:45, 1034:21

authorisation [3] - 952:43, 970:39, 973:16

authorised [2] - 970:40, 973:16

authorities [1] - 947:4authority [4] - 944:21,

957:20, 988:27, 988:28

available [3] - 993:42, 994:39, 1028:23

award [2] - 972:25, 972:29

awards [1] - 972:23aware [31] - 954:6,

961:11, 981:24, 997:36, 1002:31, 1003:12, 1003:17, 1003:19, 1004:39, 1004:43, 1004:46, 1006:25, 1007:11, 1015:32, 1017:7, 1017:30, 1017:31, 1021:46, 1022:12, 1022:20, 1028:15, 1028:22, 1040:12, 1041:22, 1041:44, 1042:14, 1042:18, 1042:40, 1042:44, 1047:11

awareness [1] - 971:35

B

background [17] - 956:38, 961:4, 961:44, 962:1, 965:28, 968:25, 976:8, 979:38, 983:12, 987:17, 987:23, 992:21, 992:41, 1036:34, 1037:6, 1044:43, 1045:32

Background [4] - 967:6, 969:24, 969:37, 979:38

background" [1] - 997:24

backwards [1] - 1024:41

balance [1] - 948:18Bar [2] - 952:26,

996:31barge [1] - 1013:35barricades [1] -

1016:38barrier [1] - 1015:12based [6] - 952:32,

970:31, 979:46, 983:44, 1041:2, 1041:5

bases [1] - 1043:17basis [2] - 985:17,

1038:42bear [1] - 1008:11

bearing [2] - 999:37, 1030:9

Beasley [1] - 942:45Beasy [1] - 1019:27became [3] - 951:33,

1017:30, 1017:31become [1] - 968:1becomes [1] - 964:34becoming [1] -

1029:16beer [10] - 996:27,

1000:11, 1031:38, 1037:40, 1037:46, 1039:15, 1040:27, 1040:39, 1043:4, 1047:22

BEER [4] - 1031:40, 1037:24, 1037:26, 1040:24

Beer [6] - 1031:44, 1031:46, 1033:39, 1035:8, 1037:41, 1045:37

began [1] - 954:23beginning [3] -

961:15, 979:40, 988:2

begun [1] - 1039:22behaviour [3] - 993:2,

993:23, 993:24behind [1] - 988:35belief [1] - 1030:24believes [1] - 1041:12benefits [2] - 993:29,

993:36best [6] - 946:1,

967:19, 997:43, 1041:22, 1048:30, 1048:32

better [7] - 968:46, 969:4, 1007:18, 1020:35, 1037:20, 1048:25, 1048:32

between [12] - 947:10, 954:39, 963:4, 965:7, 968:40, 978:10, 991:15, 991:20, 1000:2, 1000:45, 1020:18, 1037:5

beyond [3] - 954:9, 968:19, 1038:35

big [2] - 997:9, 1033:40

binding [1] - 952:3bit [5] - 966:17, 970:7,

996:29, 1039:40, 1045:39

bits [1] - 1044:46Blackheath [2] -

944:39, 971:13blame [1] - 961:46Blaxland [2] - 974:39,

1041:8BLUE [1] - 942:27blue [1] - 975:33Blue [23] - 942:35,

943:9, 943:28, 943:45, 944:46, 946:39, 953:21, 954:3, 954:25, 954:32, 962:7, 965:26, 967:46, 989:1, 989:3, 990:28, 994:10, 1022:10, 1022:13, 1028:44, 1042:14, 1042:40, 1042:45

BMCC [3] - 962:30, 969:14, 985:10

BMCC's [1] - 985:6BMCC-SPP-15.4 [1] -

955:8board [1] - 1013:35body [20] - 943:35,

943:39, 946:8, 947:42, 948:32, 948:36, 948:41, 950:2, 950:5, 950:20, 950:23, 950:40, 951:5, 951:9, 951:22, 951:25, 954:3, 957:25, 989:38, 998:18

body" [1] - 948:41bold [5] - 984:34,

1007:44, 1008:44, 1009:33, 1033:41

bonded [6] - 1020:15, 1020:19, 1020:26, 1021:3, 1021:14, 1034:13

Bonded [1] - 1020:17Bondfield [8] -

1034:44, 1040:2, 1040:20, 1045:22, 1045:24, 1046:15, 1046:18, 1046:26

BONDFIELD [1] - 1037:24

Bondfield's [2] - 1040:2, 1042:24

bonfield [2] - 1043:25, 1045:5

bottom [18] - 964:6, 969:7, 970:8, 980:20, 984:34, 986:22, 988:20, 993:44, 1008:35,

.09/03/2020 (10) Transcript produced by Epiq

5

1008:37, 1008:44, 1009:34, 1011:34, 1033:41, 1035:18, 1041:35, 1045:36, 1045:45

box [9] - 963:21, 975:33, 980:7, 987:43, 1005:10, 1005:14, 1005:22, 1006:6, 1015:10

boxes [1] - 1031:17branch [3] - 1001:19,

1004:19, 1045:25branches [1] - 974:20breach [3] - 947:12,

947:21, 958:44break [2] - 978:37,

978:42breaks [1] - 968:41breathable [1] -

1011:38brief [4] - 943:3,

953:13, 1010:41, 1011:3

briefed [2] - 1039:25, 1041:42

briefly [1] - 951:36bring [2] - 961:13,

1000:4bringing [1] - 956:2brings [1] - 1026:5Broad [1] - 952:23broad [2] - 973:12,

1012:4broadest [1] - 999:35broadly [1] - 948:8broken [1] - 1020:29brought [5] - 954:45,

1002:35, 1009:46, 1010:2, 1018:31

Brown [13] - 953:18, 953:30, 953:33, 953:37, 953:42, 953:43, 997:4, 997:13, 997:38, 997:47, 1020:8, 1032:31, 1040:40

budget [1] - 987:28budgetary [1] - 989:45building [45] - 979:16,

983:28, 984:31, 1003:28, 1003:40, 1004:5, 1013:47, 1015:38, 1016:12, 1017:15, 1024:44, 1025:21, 1025:38, 1025:44, 1027:2, 1027:19, 1027:22, 1027:29, 1027:31, 1028:21, 1028:24,

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1028:25, 1029:7, 1029:17, 1029:25, 1029:32, 1029:40, 1029:45, 1030:5, 1030:43, 1030:47, 1032:20, 1032:45, 1032:46, 1037:4, 1039:41, 1040:20, 1043:35, 1043:44, 1044:44, 1046:41

Building [1] - 984:29buildings [22] -

963:13, 965:32, 965:36, 966:19, 966:30, 970:21, 972:1, 972:16, 972:46, 979:17, 980:9, 995:28, 1001:38, 1002:2, 1003:29, 1003:30, 1017:45, 1025:37, 1028:18, 1029:28, 1032:5, 1032:23

built [6] - 1025:44, 1029:8, 1030:35, 1030:41, 1031:9, 1033:25

bulkhead [1] - 956:34bullet [4] - 965:16,

977:2, 992:13BUNDLE [6] - 999:21,

1037:22, 1037:28, 1037:31, 1037:34, 1037:37

bundle [40] - 955:4, 955:6, 956:16, 956:31, 959:47, 961:6, 961:7, 961:15, 963:15, 967:24, 969:33, 988:38, 989:35, 993:5, 993:27, 993:35, 995:30, 997:15, 997:20, 998:10, 998:43, 999:10, 999:17, 1007:41, 1008:12, 1008:24, 1008:25, 1012:5, 1015:27, 1016:26, 1017:37, 1018:3, 1033:28, 1033:32, 1033:35, 1033:40, 1035:4, 1035:6, 1035:10, 1039:4

business [12] - 957:15, 957:17, 957:21, 957:31, 957:34, 957:46, 958:25, 958:33,

960:36, 974:23, 974:29, 1043:8

BY [7] - 1000:23, 1020:5, 1022:39, 1027:14, 1031:42, 1040:37, 1044:15

C

C&CO [1] - 1019:32Cabinet [1] - 963:33Cale [1] - 1032:31campaign [1] - 993:44cannot [1] - 952:4canvassed [1] -

999:37capacity [2] - 945:38,

957:20capital [2] - 1001:4,

1032:20capitalised [1] -

984:29capture [1] - 961:9car [10] - 991:4, 991:7,

995:4, 995:25, 1007:13, 1022:11, 1032:38, 1033:2, 1033:25, 1034:34

CAR [1] - 985:8care [4] - 949:36,

949:43, 957:15, 957:43

carpark [16] - 1036:45, 1037:8, 1037:9, 1038:31, 1039:42, 1040:6, 1040:20, 1041:34, 1041:47, 1043:39, 1043:46, 1044:20, 1044:42, 1045:6, 1045:24

Carpark [3] - 944:35, 994:3, 1046:11

carpenter [1] - 1044:43

carried [3] - 957:34, 959:23, 980:8

carries [1] - 980:19carry [7] - 949:10,

958:25, 958:26, 959:23, 970:13, 970:20, 972:45

carrying [2] - 943:14, 943:21

case [9] - 951:40, 995:21, 1005:44, 1015:16, 1019:22, 1026:4, 1035:28, 1036:25, 1040:18

categories [1] - 993:32

category [5] - 947:32, 977:1, 1017:27, 1023:34, 1030:42

caused [1] - 1041:4CC [9] - 1037:3,

1037:8, 1039:41, 1043:28, 1043:33, 1043:34, 1043:40, 1043:42, 1044:4

cease [1] - 987:18ceased [3] - 993:24,

1004:35, 1011:46cement [3] - 1020:28,

1021:7, 1034:14cent [2] - 980:38,

981:12centimetres [1] -

1041:14Centium [4] - 983:8,

983:45, 984:1, 984:44

centrally [1] - 974:19Centre [1] - 942:35CEO [1] - 981:18certain [12] - 943:30,

943:43, 944:1, 944:12, 946:23, 959:38, 972:25, 974:43, 989:13, 991:26, 996:20

certainly [4] - 981:21, 996:2, 1029:24, 1031:11

certificate [14] - 1002:15, 1002:16, 1023:24, 1023:25, 1032:44, 1033:2, 1033:7, 1033:20, 1033:24, 1034:5, 1044:33, 1045:10, 1047:44, 1047:46

cetera [16] - 957:35, 957:42, 963:44, 971:35, 973:3, 974:9, 976:28, 977:8, 977:42, 979:24, 982:45, 984:38, 987:29, 992:24, 993:4, 1034:23

CHAIN [1] - 1037:23chain [13] - 964:45,

1012:14, 1012:31, 1014:21, 1035:2, 1035:9, 1035:10, 1036:18, 1037:16, 1037:46, 1038:11, 1039:16, 1046:8

chance [2] - 1034:20, 1048:14

changed [1] - 1007:7changes [7] - 975:19,

975:21, 978:10, 998:45, 1001:13, 1001:17, 1032:28

changing [1] - 1021:42

chapter [8] - 949:33, 950:1, 950:19, 951:4, 964:9, 980:27, 980:32

character [1] - 998:35charge [4] - 947:8,

985:21, 985:36, 1018:15

charges [1] - 991:33charter [1] - 977:23check [6] - 977:31,

997:2, 1013:16, 1025:41, 1026:21, 1026:23

checked [3] - 1026:10, 1026:44, 1041:28

checking [1] - 999:5checks [1] - 1026:17chief [2] - 964:29,

964:31choosing [1] - 952:36chose [1] - 1024:4CHRONOLOGICAL

[1] - 999:21chronological [5] -

961:5, 998:9, 998:43, 999:10, 999:17

chronology [1] - 988:10

chrysotile [4] - 1010:30, 1010:32, 1011:35, 1014:14

Chudek [1] - 1032:31circles [1] - 1008:8circular [4] - 964:19,

964:28, 975:32, 975:39

circulated [1] - 976:44circumstances [2] -

954:29, 960:27city [5] - 970:30,

977:17, 1016:45, 1039:24, 1041:41

CITY [1] - 942:27City [13] - 943:9,

943:28, 944:46, 946:39, 954:3, 962:7, 962:30, 965:26, 967:46, 990:28, 994:10, 1022:10, 1022:13

civil [4] - 1001:19,

.09/03/2020 (10) Transcript produced by Epiq

6

1038:6, 1040:3, 1041:24

claim [2] - 945:2, 945:21

claimed [1] - 953:39claims [1] - 1032:21clarification [1] -

1043:32clarified [2] - 1031:16,

1046:38clarify [4] - 979:31,

1008:20, 1024:2, 1044:17

class [9] - 1002:16, 1020:13, 1020:18, 1021:13, 1021:16, 1021:23, 1023:24, 1030:10

clause [12] - 947:12, 947:14, 947:18, 947:21, 958:31, 959:1, 959:10, 991:10, 991:13, 1029:39, 1030:30, 1031:23

clauses [2] - 958:19, 969:8

clean [2] - 976:44, 989:12

clean-up [1] - 989:12cleaning [1] - 1011:38clear [5] - 968:20,

985:44, 1027:20, 1039:23, 1042:29

clearance [3] - 1004:7, 1019:1, 1019:3

clearing [1] - 990:6clearly [1] - 962:36client [1] - 997:31client's [3] - 998:35,

998:39, 999:40close [3] - 971:38,

1015:23, 1043:34closed [3] - 986:6,

1007:7, 1007:8closer [2] - 994:32,

1046:20closing [3] - 989:32,

1016:35, 1016:37Clyde [2] - 944:25,

947:35CO [3] - 977:17,

979:46, 980:2Co [2] - 944:25,

947:35code [11] - 953:17,

953:36, 960:23, 960:25, 960:27, 977:47, 997:37, 998:28, 999:32,

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1002:41codes [1] - 960:16Codes [1] - 960:21Cohen [1] - 975:35collate [1] - 967:23colleague [1] -

1007:14colleagues [1] -

1023:11column [2] - 963:22,

971:16comfort [1] - 1040:14coming [10] - 970:16,

972:30, 979:5, 987:17, 993:26, 1010:5, 1033:12, 1046:16, 1049:3, 1049:5

Coming [1] - 959:46command [1] -

1045:23commence [5] -

947:4, 948:11, 948:21, 991:28, 1032:10

commenced [3] - 947:6, 956:46, 989:27

commences [1] - 1012:31

COMMENCING [2] - 999:22, 1037:24

commencing [5] - 947:46, 960:21, 976:9, 999:18, 1036:2

comment [3] - 1030:18, 1041:27

commentary [3] - 960:44, 1042:21, 1042:22

comments [4] - 953:19, 953:22, 953:24, 990:14

commercial [1] - 944:2

Commission [1] - 952:6

commissioned [2] - 962:16, 971:7

Commissioner [29] - 942:45, 943:12, 952:22, 968:5, 969:31, 971:6, 973:35, 976:43, 979:5, 983:31, 984:6, 984:27, 986:35, 986:46, 988:9, 988:18, 995:23, 996:47,

1009:43, 1013:31, 1015:5, 1019:38, 1020:24, 1021:3, 1036:36, 1039:2, 1040:26, 1047:16, 1047:20

COMMISSIONER [284] - 943:1, 955:4, 955:8, 955:12, 955:19, 955:27, 955:36, 955:43, 956:6, 956:20, 956:29, 956:36, 956:42, 957:3, 957:7, 957:11, 957:24, 958:15, 958:21, 958:44, 959:34, 959:41, 960:2, 960:8, 960:31, 960:42, 960:44, 961:26, 961:32, 961:38, 961:46, 962:4, 962:10, 962:15, 962:24, 962:33, 963:4, 963:19, 963:25, 963:30, 963:39, 964:2, 964:16, 964:21, 964:26, 965:3, 965:10, 965:36, 965:41, 966:21, 966:26, 966:32, 966:38, 966:45, 967:31, 967:42, 968:10, 968:17, 968:27, 968:39, 969:2, 969:20, 969:29, 969:35, 970:2, 970:28, 970:35, 970:42, 971:2, 971:19, 971:23, 971:32, 971:44, 972:6, 972:14, 972:34, 972:39, 973:5, 973:22, 973:37, 973:44, 974:4, 974:23, 974:29, 975:1, 975:7, 975:15, 975:21, 975:29, 975:35, 976:17, 976:23, 976:36, 976:41, 977:17, 977:26, 977:33, 978:4, 978:8, 978:23, 978:31, 978:37, 978:42, 979:1, 979:7, 979:29, 979:34, 980:30,

980:35, 980:41, 980:46, 981:36, 982:12, 982:20, 982:33, 983:37, 984:10, 984:19, 984:24, 984:40, 985:20, 985:26, 985:31, 985:35, 985:42, 986:1, 986:17, 986:24, 986:32, 987:1, 987:6, 987:12, 987:33, 988:6, 988:24, 988:44, 989:19, 989:41, 990:1, 990:24, 990:30, 990:37, 990:46, 991:15, 991:20, 991:45, 992:3, 992:8, 992:16, 992:26, 992:30, 992:35, 992:39, 993:7, 993:13, 993:47, 994:20, 994:26, 994:36, 995:7, 995:14, 995:20, 995:43, 996:13, 996:27, 996:40, 997:2, 997:9, 997:18, 997:26, 997:46, 998:6, 998:12, 998:21, 998:31, 998:37, 998:47, 999:9, 999:15, 999:25, 999:31, 999:40, 1000:2, 1000:9, 1000:15, 1002:1, 1004:26, 1005:10, 1005:18, 1005:39, 1008:11, 1008:16, 1008:24, 1008:34, 1008:41, 1009:2, 1009:8, 1009:14, 1009:18, 1009:30, 1009:36, 1010:2, 1010:7, 1010:29, 1011:32, 1012:37, 1013:27, 1013:35, 1013:43, 1015:3, 1015:7, 1015:12, 1015:30, 1015:45, 1016:20, 1016:28, 1016:45, 1017:5, 1017:39, 1018:3, 1019:22, 1019:27, 1019:31, 1019:35, 1019:46, 1020:3, 1020:37, 1025:36, 1025:43, 1026:9,

1026:13, 1026:30, 1026:35, 1027:1, 1027:12, 1027:46, 1028:5, 1028:10, 1029:4, 1029:15, 1029:23, 1029:35, 1030:2, 1030:7, 1030:29, 1030:34, 1030:47, 1031:8, 1031:16, 1031:22, 1031:28, 1031:38, 1033:18, 1033:30, 1033:34, 1035:4, 1035:18, 1036:31, 1036:39, 1037:15, 1037:20, 1039:4, 1040:29, 1040:34, 1041:31, 1043:42, 1044:11, 1046:31, 1047:18, 1047:22, 1047:26, 1047:31, 1047:40, 1047:44, 1048:1, 1048:7, 1048:12, 1048:17, 1048:24, 1048:32, 1048:37, 1048:42, 1049:1, 1049:7

Commissions [1] - 952:18

commitment [2] - 990:28, 993:22

committed [1] - 993:2committee [3] -

982:29, 989:20, 1024:30

Committee [1] - 989:2Commmissioner [1] -

1030:32Communicated [1] -

985:6communicated [1] -

985:8communication [1] -

982:25communications [2] -

979:24, 993:32community [9] -

945:37, 949:12, 953:5, 977:18, 993:44, 1019:32, 1028:29, 1028:30, 1028:32

comp [1] - 1006:32company [6] - 970:9,

1018:47, 1019:33, 1046:47, 1047:5, 1047:7

comparison [1] - 986:20

competent [2] -

.09/03/2020 (10) Transcript produced by Epiq

7

959:12, 959:13compiled [1] - 1004:8complaint [2] -

953:17, 953:36complaints [1] -

1047:11complete [4] - 947:5,

963:25, 966:29, 1000:11

completed [6] - 956:7, 968:32, 970:25, 984:8, 986:29, 1015:18

completely [1] - 995:20

completes [1] - 994:42

completion [1] - 1004:8

compliance [4] - 955:40, 956:10, 1027:5, 1032:46

complied [1] - 992:47comply [1] - 945:29complying [1] - 993:3computer [1] - 956:43concepts [2] - 957:30,

958:1concern [6] - 951:37,

975:18, 981:15, 995:30, 1019:5, 1041:7

concerned [5] - 943:22, 943:23, 953:47, 1024:25, 1043:14

concerning [22] - 943:29, 944:1, 944:35, 945:15, 946:15, 946:24, 953:18, 953:37, 954:33, 954:45, 956:2, 958:12, 976:7, 979:12, 982:24, 987:40, 988:1, 988:13, 989:38, 990:13, 991:29, 995:28

concerns [5] - 954:22, 995:27, 995:32, 1019:11, 1021:39

CONCLUDING [1] - 1037:25

conclusion [5] - 974:13, 980:19, 981:3, 1014:21, 1041:35

conclusions [1] - 1034:15

condition [7] - 968:47,

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971:15, 972:17, 983:29, 1014:34, 1014:38, 1041:37

conditions [1] - 1033:14

conduct [22] - 943:8, 943:34, 944:25, 945:14, 947:38, 950:13, 953:17, 953:36, 957:20, 957:34, 966:4, 966:18, 966:34, 974:8, 991:15, 991:31, 996:18, 997:37, 998:17, 998:29, 999:32, 1042:34

conducted [11] - 944:32, 945:18, 956:14, 962:28, 962:44, 963:13, 963:23, 989:15, 990:42, 1019:2, 1042:24

conducting [12] - 946:46, 957:15, 957:17, 957:31, 957:46, 958:25, 958:33, 960:36, 991:34, 993:33, 1003:22, 1006:26

conferring [2] - 943:15, 943:20

confidence [1] - 945:37

confidentiality [1] - 953:40

confined [1] - 1048:21confirmed" [1] -

1047:27confirming [1] -

1040:31conflict [1] - 954:1conflicts [1] - 947:38conformance [2] -

979:10, 980:5Conformance [1] -

980:7confused [1] -

1045:39confusion [1] -

1028:14conjunction [2] -

963:36, 969:12consent [1] - 1044:29consider [4] - 961:12,

977:38, 997:22, 997:35

consideration [6] - 954:17, 965:20,

995:12, 997:36, 1036:26, 1036:41

considered [5] - 954:8, 954:19, 965:14, 966:42, 1044:36

considers [3] - 953:10, 961:1, 979:11

consistent [3] - 953:3, 963:43, 974:41

consolidate [1] - 984:15

consolidated [1] - 957:7

construct [1] - 1041:34

constructed [3] - 963:13, 1029:41, 1031:1

construction [15] - 948:24, 1032:38, 1032:44, 1033:2, 1033:7, 1033:15, 1033:20, 1034:5, 1037:4, 1037:6, 1037:10, 1038:25, 1038:30, 1044:33, 1045:9

consultant [6] - 946:25, 965:21, 971:8, 974:33, 983:45, 1028:10

consultant's [2] - 1039:26, 1041:42

consultants [3] - 1009:46, 1017:22, 1039:32

Consultation [1] - 944:44

consultation [3] - 982:2, 993:16

consultative [2] - 950:21, 950:30

consulting [1] - 1019:33

contact [1] - 983:4contacted [1] -

1007:27contacting [1] -

1007:34contain [5] - 965:33,

965:34, 1007:17, 1010:3

contained [4] - 969:26, 970:32, 979:42, 1014:14

containing [7] - 947:17, 961:17, 971:14, 983:18,

991:25, 995:32, 1034:13

Contaminated [1] - 944:38

contaminated [6] - 1017:41, 1038:23, 1038:33, 1040:13, 1041:45, 1042:3

contamination [1] - 995:31

contemplates [1] - 952:42

contended [1] - 946:4content [1] - 1035:27context [20] - 954:18,

954:21, 956:47, 960:47, 967:2, 968:6, 968:7, 968:12, 970:8, 973:35, 974:12, 979:24, 987:21, 988:1, 988:12, 995:24, 995:39, 996:21, 997:40, 1045:13

Context [1] - 965:31continue [1] - 982:5contract [1] - 1047:5contracting [1] -

1018:47contractor [6] -

1016:39, 1019:27, 1021:27, 1028:2, 1028:11, 1047:2

contractors [5] - 944:13, 984:38, 1021:18, 1021:19, 1032:22

contrary [4] - 947:14, 947:17, 991:9, 991:13

contravention [7] - 992:33, 992:43, 993:18, 994:2, 994:9, 994:36, 994:38

contraventions [1] - 992:46

control [19] - 947:21, 948:45, 957:47, 958:3, 959:1, 959:10, 959:28, 960:2, 960:24, 960:37, 971:16, 971:25, 976:7, 976:9, 977:37, 977:39, 978:1, 982:3, 990:13

controlling [1] - 971:34

controls [1] - 1015:12convenience [2] -

973:40, 974:1convenient [5] -

956:40, 961:43, 978:38, 987:42, 999:15

convey [1] - 961:7Cooper [1] - 976:6cooperated [1] -

950:36cooperating [1] -

950:37cooperation [2] -

950:45, 977:7coordinator [5] -

1000:33, 1000:43, 1001:3, 1005:16, 1024:43

cope [1] - 1033:37copied [4] - 1038:13,

1038:29, 1038:37, 1038:42

copy [5] - 953:31, 984:12, 984:31, 1011:12, 1022:3

copying [1] - 1038:14core [3] - 1001:27,

1024:26Cork [3] - 944:19,

944:24, 954:6cork's [1] - 957:11corner [1] - 1035:18corporate [2] - 984:27,

985:8correct [54] - 957:27,

963:28, 974:7, 993:10, 997:7, 1000:30, 1001:45, 1004:1, 1005:31, 1006:12, 1006:19, 1014:30, 1018:35, 1018:36, 1019:7, 1019:12, 1019:28, 1020:26, 1021:27, 1021:34, 1022:45, 1023:28, 1023:32, 1023:36, 1023:40, 1023:43, 1024:5, 1024:6, 1024:9, 1024:10, 1024:45, 1025:4, 1025:8, 1026:28, 1027:21, 1028:8, 1028:37, 1029:2, 1029:30, 1033:25, 1033:36, 1036:23, 1037:11, 1038:47, 1041:9, 1041:13, 1043:46, 1044:22, 1044:38,

.09/03/2020 (10) Transcript produced by Epiq

8

1044:39, 1045:11, 1045:26, 1045:30, 1046:41

corrected [1] - 1046:24

correctly [2] - 1021:19, 1036:46

correspondence [1] - 965:7

corresponding [2] - 990:34, 991:29

council [144] - 943:16, 943:17, 943:20, 943:34, 943:39, 943:44, 943:47, 944:5, 944:10, 944:13, 944:26, 944:33, 945:3, 945:23, 945:25, 945:26, 945:28, 945:29, 945:33, 945:39, 945:42, 945:45, 946:10, 946:16, 946:18, 946:26, 946:30, 946:31, 946:41, 946:47, 947:6, 947:8, 947:11, 947:26, 948:32, 948:34, 948:41, 948:45, 948:47, 949:1, 949:4, 949:5, 949:9, 949:27, 949:34, 949:37, 950:1, 950:19, 950:36, 950:46, 951:5, 951:21, 951:31, 953:18, 953:37, 953:40, 954:4, 954:27, 955:1, 955:30, 955:47, 956:15, 956:23, 957:24, 957:28, 961:32, 961:33, 961:35, 962:19, 962:25, 962:33, 963:12, 964:28, 964:31, 964:35, 965:32, 965:47, 966:1, 966:22, 967:13, 967:22, 967:27, 967:29, 967:42, 967:45, 969:40, 970:10, 970:25, 970:44, 972:22, 972:45, 973:19, 974:14, 974:21, 974:44, 975:5, 975:25, 976:11,

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981:8, 983:8, 983:16, 984:28, 984:47, 985:38, 985:45, 986:14, 988:10, 989:8, 989:30, 989:44, 990:24, 990:41, 992:24, 993:2, 993:30, 993:37, 993:41, 994:3, 994:33, 997:31, 997:39, 998:15, 999:41, 1000:28, 1000:35, 1001:7, 1002:24, 1003:7, 1003:17, 1006:26, 1007:31, 1012:20, 1019:39, 1021:43, 1021:47, 1022:28, 1032:1, 1032:11, 1032:25, 1042:15, 1042:40, 1042:45

COUNCIL [1] - 942:27Council [12] - 943:9,

943:28, 944:46, 946:39, 954:3, 962:8, 962:30, 965:26, 989:3, 994:10, 1022:10, 1022:13

Council" [1] - 967:46Council's [3] - 944:41,

944:43, 990:28council's [23] -

944:18, 945:7, 945:13, 945:37, 947:35, 948:46, 953:24, 953:30, 954:23, 954:37, 954:43, 954:46, 956:3, 963:46, 964:22, 969:43, 976:6, 978:17, 983:43, 987:23, 987:44, 990:11, 991:42

council-wide [2] - 955:47, 966:1

Councillor [12] - 953:18, 953:30, 953:33, 953:37, 953:42, 953:43, 997:4, 997:13, 997:38, 997:47, 1020:8, 1040:40

councillors [6] - 943:35, 948:43, 948:44, 949:34, 949:41, 951:31

councils [16] - 949:16,

950:9, 963:35, 963:42, 964:19, 964:34, 964:42, 975:32, 975:40, 975:43, 976:2, 980:38, 981:12, 981:13, 981:17, 981:25

counsel [9] - 948:22, 952:26, 952:36, 980:9, 996:47, 997:41, 998:3, 999:36, 1020:10

counsel-owned [1] - 980:9

couple [11] - 960:6, 960:15, 961:6, 990:2, 996:46, 1011:44, 1020:8, 1023:25, 1023:47, 1043:35, 1044:13

coupled [1] - 969:39course [12] - 952:11,

954:21, 956:11, 969:5, 986:22, 987:16, 989:5, 993:19, 1003:42, 1023:23, 1024:42, 1030:7

Court [2] - 946:31, 946:36

court [10] - 946:36, 947:25, 951:42, 960:17, 960:18, 960:22, 990:43, 991:43, 995:46, 996:3

courtesy [1] - 996:41cover [1] - 1043:17covered [1] - 1044:19covering [1] - 964:26cracked [3] - 1020:28,

1020:29, 1021:6cracks [1] - 1021:8create [2] - 1004:40,

1027:37created [5] - 961:16,

977:23, 979:27, 985:9, 1004:35

creation [1] - 977:39Creelman [2] -

1037:47, 1038:11CREELMAN [2] -

1039:8, 1039:10Creelman's [2] -

1038:4, 1038:21crept [1] - 956:33critical [1] - 1036:7cross [1] - 964:2cross-reference [1] -

964:2crushed [1] - 968:45culminated [1] -

990:42cultural [1] - 977:8Cultural [1] - 942:35culture [1] - 974:15cumulative [3] -

949:19, 1030:41, 1031:26

current [6] - 949:11, 976:26, 987:23, 1000:32, 1032:4, 1048:8

D

DA [6] - 1033:14, 1033:21, 1042:24, 1042:26, 1042:30, 1043:32

damage [1] - 983:2DAMIEN [1] - 1000:21Damien [2] - 1000:26,

1001:11Dan [1] - 1016:15dark [1] - 998:37date [15] - 945:12,

955:24, 959:30, 961:29, 961:38, 968:15, 970:25, 976:27, 981:23, 987:44, 988:17, 1012:11, 1040:10, 1045:42, 1045:44

DATED [3] - 999:22, 1039:9, 1040:24

dated [20] - 944:36, 944:40, 944:44, 944:45, 945:9, 945:19, 945:46, 948:15, 950:27, 969:16, 977:23, 978:14, 979:10, 982:42, 999:18, 1010:24, 1033:45, 1035:11, 1040:46, 1045:46

dates [3] - 977:31, 1002:19, 1010:18

dating [1] - 943:37DAVID [2] - 1039:9David [2] - 1013:1,

1032:34day-to-day [5] -

1000:45, 1001:2, 1001:17, 1001:22, 1032:17

days [6] - 962:28, 962:37, 982:31,

996:20, 998:4, 1038:40

deal [10] - 967:28, 980:26, 999:46, 1001:25, 1001:35, 1004:28, 1041:19, 1042:18, 1042:36, 1042:46

dealing [12] - 948:33, 949:36, 956:23, 956:24, 981:6, 1001:23, 1002:35, 1002:38, 1011:26, 1012:28, 1019:15, 1038:33

deals [1] - 1030:43dealt [9] - 948:32,

999:41, 1033:21, 1036:46, 1040:12, 1041:45, 1042:10, 1042:41, 1043:22

debt [1] - 988:31December [27] -

944:30, 945:9, 945:23, 945:46, 947:27, 964:46, 965:20, 972:20, 973:15, 978:14, 978:18, 987:31, 987:40, 987:43, 988:2, 988:11, 988:17, 988:29, 991:16, 991:21, 1006:7, 1024:3, 1029:8, 1029:41, 1030:35, 1031:1, 1031:9

decided [2] - 1006:18, 1006:21

decision [4] - 949:18, 949:20, 988:36, 992:14

decisions [3] - 950:3, 950:12, 950:14

dedicated [1] - 985:16deed [1] - 1025:7deep [1] - 1041:7deeper [1] - 1041:9deferred [1] - 1035:38defined [4] - 957:17,

959:13, 967:11, 1029:25

defining [1] - 960:46definitely [3] - 965:36,

1049:3, 1049:5definition [1] - 968:44degree [1] - 949:35delegated [2] -

988:27, 988:28deliver [4] - 980:2,

.09/03/2020 (10) Transcript produced by Epiq

9

993:29, 993:36, 1032:23

delivery [10] - 979:39, 982:44, 987:25, 1001:6, 1002:27, 1002:31, 1003:35, 1019:32, 1032:19, 1038:9

demolition [1] - 958:29

demonstrates [2] - 950:31, 960:19

departments [2] - 967:14, 974:20

depicted [1] - 1009:24Depot [3] - 944:36,

979:13, 982:30depot [9] - 954:44,

955:44, 962:31, 962:34, 995:27, 1007:16, 1017:9, 1017:45, 1042:11

DEPOT [1] - 1037:29Deputy [1] - 953:16describe [2] - 984:8,

1032:17described [10] -

946:17, 954:33, 981:18, 986:5, 991:4, 992:13, 992:21, 1006:35, 1034:29, 1038:33

describes [2] - 971:15, 984:7

Description [3] - 972:43, 973:18, 980:6

description [5] - 970:44, 973:11, 991:8, 1001:24, 1001:28

design [1] - 1032:19desktop [1] - 980:8despite [1] - 981:18detail [20] - 954:34,

958:11, 960:34, 963:45, 966:10, 968:35, 971:36, 975:18, 977:45, 979:14, 981:40, 982:47, 983:22, 988:9, 988:15, 988:35, 993:31, 996:11, 1014:23, 1046:39

detailed [6] - 962:29, 962:37, 988:34, 995:38, 998:28, 1010:42

details [7] - 954:20,

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975:39, 992:33, 993:11, 994:1, 994:24, 1027:5

Details [1] - 1045:38detected [5] -

1010:21, 1011:36, 1011:37, 1011:39, 1041:3

determination [2] - 948:39, 1036:8

determine [9] - 947:16, 948:25, 951:46, 962:46, 991:24, 1021:15, 1021:18, 1021:26, 1036:42

determined [4] - 946:47, 951:6, 952:46, 989:16

determining [1] - 960:26

develop [8] - 954:28, 964:42, 967:39, 968:3, 974:33, 976:2, 982:5, 993:37

developed [7] - 952:32, 963:42, 964:17, 968:13, 968:28, 990:18, 990:19

developing [10] - 955:33, 964:21, 964:36, 964:38, 970:31, 972:26, 972:31, 972:34, 974:14, 979:46

development [13] - 977:1, 977:7, 977:42, 982:2, 983:13, 984:10, 986:37, 990:14, 990:39, 1044:19, 1044:24, 1044:28, 1044:29

Development [2] - 944:42, 977:5

developments [1] - 990:11

differ [1] - 973:5difference [4] - 963:4,

968:39, 1020:18, 1020:19

different [14] - 973:39, 981:28, 987:21, 989:22, 989:24, 1000:47, 1001:19, 1009:38, 1010:32, 1014:39, 1016:26, 1017:46, 1024:2, 1024:9

difficulty [2] - 948:42, 996:30

dig [1] - 1043:16diligence [2] - 949:36,

949:43Dillon [4] - 953:31,

953:42, 989:25, 992:11

Dillon's [1] - 988:20direct [3] - 951:30,

957:22, 958:26directed [12] - 957:28,

957:46, 959:46, 964:10, 969:38, 969:43, 974:38, 990:6, 993:37, 1010:11, 1022:11, 1023:26

direction [4] - 952:32, 952:35, 952:42, 966:41

directions [2] - 952:33, 955:29

directive [1] - 981:18directly [2] - 983:4,

1038:21director [2] - 987:26,

1012:19directorate [3] -

1001:6, 1002:28, 1032:25

directory [1] - 1003:38discuss [6] - 944:19,

946:44, 979:23, 1013:1, 1019:10, 1036:2

discussed [2] - 981:39, 1041:41

discussing [2] - 989:9, 1019:2

discussions [2] - 977:29, 1038:38

dishonestly [1] - 997:38

disparity [1] - 1008:27disposal [2] - 958:28,

974:40disposed [1] - 1042:9distributed [1] -

981:11distribution [1] -

985:9divided [2] - 1044:41,

1044:46Division [1] - 963:30division [2] - 952:17,

963:33do" [1] - 987:8document [31] -

947:28, 960:5,

960:10, 960:15, 960:47, 961:7, 961:12, 963:15, 964:2, 964:8, 964:40, 967:47, 969:26, 970:2, 975:47, 977:47, 985:44, 990:20, 990:21, 990:24, 991:41, 992:26, 992:30, 993:4, 993:10, 993:27, 993:34, 993:35, 999:18, 1003:7, 1028:30

DOCUMENT [1] - 999:22

documentary [1] - 952:39

documentation [4] - 962:29, 962:38, 963:9, 1033:13

documenting [1] - 955:33

DOCUMENTS [6] - 999:21, 1037:22, 1037:28, 1037:31, 1037:34, 1037:37

documents [15] - 952:21, 952:30, 961:9, 961:10, 968:23, 968:32, 969:10, 978:26, 978:27, 981:33, 988:39, 997:15, 998:22, 999:17, 1012:5

done [27] - 963:35, 967:39, 968:2, 970:6, 971:5, 972:18, 984:14, 986:20, 987:7, 988:26, 996:2, 996:11, 998:38, 1001:38, 1004:3, 1004:4, 1004:11, 1004:15, 1004:39, 1004:46, 1007:8, 1016:41, 1017:22, 1018:20, 1023:11, 1036:14, 1037:15

dot [3] - 967:21, 976:47, 977:43

double [2] - 977:31, 999:5

double-checking [1] - 999:5

doubt [4] - 945:6, 947:28, 983:2, 998:22

down [27] - 960:20, 960:38, 962:21, 963:16, 963:19, 967:6, 972:37, 974:18, 974:20, 977:42, 979:45, 980:7, 981:8, 983:15, 988:20, 1008:1, 1008:34, 1008:37, 1008:44, 1009:33, 1012:23, 1015:10, 1016:35, 1016:37, 1034:16, 1038:12, 1041:5

Dr [5] - 953:31, 953:42, 988:20, 989:25, 992:11

draft [8] - 967:38, 967:47, 968:21, 978:20, 984:42, 985:1, 986:38, 998:47

drafted [2] - 965:25, 985:37

drafting [2] - 968:31, 977:40

draw [2] - 981:2, 1023:25

drawing [1] - 1039:36drawn [1] - 960:29Drew [1] - 1001:11drew [1] - 1045:17drive [4] - 977:6,

997:29, 1019:18, 1026:10

dropped [1] - 956:43due [4] - 954:21,

956:11, 986:22, 989:5

dump [1] - 1026:10dumped [7] - 1001:41,

1004:28, 1013:28, 1015:38, 1015:41, 1015:43

duplication [1] - 965:46

during [14] - 943:43, 948:2, 954:17, 954:22, 954:42, 966:18, 969:5, 979:26, 988:26, 988:29, 995:3, 995:18, 1004:31, 1017:8

duties [9] - 957:22, 960:35, 960:36, 960:46, 964:11, 1000:45, 1001:27, 1024:26, 1024:27

duty [5] - 957:14,

.09/03/2020 (10) Transcript produced by Epiq

10

957:43, 957:46, 959:37, 959:39

E

early [9] - 943:45, 953:19, 956:13, 979:26, 979:32, 981:43, 982:36, 985:1, 996:32

eaves [2] - 1013:2, 1013:28

edge [1] - 1014:9edges [3] - 1013:6,

1020:31, 1021:8education [1] - 993:44effect [3] - 964:46,

971:2, 1024:41effective [2] - 948:45,

949:17effectively [1] - 950:37effects [2] - 949:19,

961:24efficiently [1] - 949:2eight [2] - 991:33,

1016:17eight-page [1] -

1016:17either [6] - 961:46,

1004:27, 1011:35, 1017:26, 1018:34, 1033:36

elected [4] - 943:18, 943:35, 948:42, 957:19

electronic [1] - 1015:27

electronically [1] - 1026:35

eliminate [2] - 958:40, 983:17

eliminated [1] - 958:37

elimination [4] - 990:15, 990:19, 990:22, 990:27

elsewhere [1] - 1041:1ELT [3] - 986:30,

986:38, 987:22EMAIL [4] - 1037:23,

1037:25, 1039:8, 1039:9

email [59] - 955:14, 964:45, 965:5, 975:32, 975:36, 979:21, 983:34, 983:40, 983:41, 983:42, 985:14, 985:15, 986:40, 1012:14, 1012:31,

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1012:32, 1012:42, 1012:43, 1014:21, 1018:10, 1018:19, 1022:4, 1022:31, 1024:12, 1024:18, 1035:2, 1035:8, 1035:11, 1035:13, 1035:14, 1035:22, 1035:26, 1035:30, 1035:42, 1036:17, 1037:16, 1037:41, 1037:46, 1038:11, 1038:21, 1038:37, 1039:12, 1039:16, 1039:44, 1040:10, 1040:46, 1041:12, 1041:31, 1041:40, 1043:4, 1043:25, 1045:20, 1045:28, 1045:34, 1045:45, 1046:8, 1046:13, 1046:25

email's [1] - 1035:21emailed [1] - 1025:30EMAILS [1] - 1040:23emails [12] - 984:46,

1025:28, 1025:31, 1040:18, 1040:34, 1040:43, 1041:17, 1042:21, 1043:19, 1045:37, 1046:19

emergency [2] - 967:38, 968:7

emphasis [1] - 949:26Empire [1] - 1013:1employed [6] -

974:25, 985:37, 1000:28, 1000:35, 1032:1, 1032:5

employee [2] - 943:17, 946:26

employment [7] - 943:30, 945:16, 945:17, 947:40, 948:9, 950:26, 1032:10

empowers [1] - 943:11

encapsulate [1] - 1014:29

encountered [1] - 996:29

encouraged [3] - 953:6, 964:33, 981:21

end [7] - 969:38, 987:37, 993:23, 1004:32, 1027:29, 1027:30, 1035:9

endeavour [1] -

967:15endeavouring [1] -

967:23ended [1] - 1033:4endorsed [2] - 981:39,

986:29endorsement [4] -

977:40, 981:39, 981:43, 981:44

endorses [1] - 986:38ends [1] - 1013:35enforceable [13] -

947:26, 947:27, 991:37, 991:40, 992:1, 992:14, 992:22, 992:46, 993:26, 993:28, 994:27, 1021:46, 1022:9

enforcement [2] - 947:4, 992:44

engage [8] - 944:6, 944:14, 965:21, 1015:13, 1016:11, 1021:27, 1025:21, 1028:2

engaged [9] - 944:24, 945:12, 945:13, 983:8, 985:2, 986:13, 1021:17, 1027:26, 1028:11

engagement [18] - 944:13, 945:15, 950:26, 962:2, 966:34, 970:10, 970:14, 970:15, 970:17, 970:22, 974:1, 983:13, 984:47, 987:15, 987:18, 991:39, 1011:6, 1038:35

engaging [2] - 947:35, 1016:38

engineer [1] - 1036:39engineering [1] -

1001:20ensure [20] - 945:42,

947:11, 947:13, 947:15, 947:18, 955:32, 957:32, 958:4, 958:34, 959:2, 959:11, 959:21, 959:28, 959:29, 984:37, 991:9, 991:12, 991:23, 991:26, 1034:22

ensuring [1] - 949:1entered [1] - 1021:47entering [2] - 958:6,

991:37entire [1] - 1023:23entirely [2] - 955:43,

996:40entities [1] - 953:2entitled [2] - 961:19,

1043:47entity [1] - 956:23entry [1] - 1013:45environment [3] -

943:30, 950:22, 950:30

environmental [3] - 944:21, 1036:34, 1042:47

EPA [11] - 945:36, 946:46, 947:6, 950:44, 989:3, 989:13, 989:14, 989:20, 991:34, 1033:19, 1042:23

EPA" [1] - 946:21equally [1] - 995:46equipment [1] -

1019:25escaped [1] - 986:8especially [1] -

1001:41essence [1] - 951:44establish [1] -

1041:18established [9] -

947:1, 951:40, 951:45, 983:32, 983:47, 1005:7, 1037:3, 1037:5, 1041:38

establishment [2] - 987:40, 1006:7

et [16] - 957:35, 957:42, 963:44, 971:35, 973:3, 974:9, 976:28, 977:8, 977:42, 979:24, 982:45, 984:38, 987:29, 992:24, 993:4, 1034:23

etc [1] - 957:40evening [2] - 1021:40,

1021:42event [3] - 975:25,

979:14, 994:44events [3] - 992:41,

994:1, 996:21Evidence [1] - 952:10evidence [39] - 945:9,

947:29, 948:2, 948:20, 950:31, 950:44, 950:46,

952:20, 952:37, 952:40, 953:45, 954:41, 956:10, 956:16, 959:37, 960:23, 969:5, 972:28, 972:30, 973:9, 973:45, 979:32, 982:15, 982:18, 983:33, 984:45, 988:1, 989:21, 995:18, 995:23, 995:38, 996:42, 997:47, 998:10, 1017:47, 1026:1, 1026:25, 1045:21, 1048:27

exact [1] - 1012:11exactly [3] - 982:36,

1012:20, 1016:22EXAMINATION [7] -

1000:23, 1020:5, 1022:39, 1027:14, 1031:42, 1040:37, 1044:15

examination [1] - 997:40

examine [1] - 972:16examined [2] -

943:36, 1023:35examining [4] -

949:40, 950:12, 960:47, 996:16

example [29] - 958:28, 958:30, 958:47, 959:17, 964:5, 964:6, 968:15, 968:23, 968:36, 971:8, 971:9, 971:13, 971:28, 974:37, 975:31, 982:36, 984:17, 985:11, 988:21, 988:33, 988:39, 989:26, 989:37, 995:4, 995:5, 1002:37, 1004:4, 1026:30, 1027:28

examples [10] - 957:37, 959:43, 961:9, 967:21, 970:6, 974:43, 977:5, 982:7, 993:16, 995:41

excavated [3] - 994:5, 1022:11, 1041:1

excavation [4] - 1039:22, 1039:39, 1041:9, 1044:3

exceeded [1] - 959:4except [1] - 952:17

.09/03/2020 (10) Transcript produced by Epiq

11

exception [1] - 958:27exchange [1] - 965:6excursion [1] - 994:43excused [2] - 1047:36,

1047:37executive [8] - 961:36,

962:4, 964:29, 964:31, 976:6, 976:7, 986:27, 987:44

exercised [2] - 949:35, 949:43

exercising [9] - 947:33, 948:30, 949:32, 949:35, 949:47, 950:18, 950:35, 951:3, 951:20

exhibit [14] - 954:31, 973:39, 983:34, 983:37, 985:23, 986:6, 987:41, 988:6, 988:8, 997:9, 999:19, 1005:4, 1040:31, 1045:21

EXHIBIT [8] - 999:21, 1037:22, 1037:28, 1037:31, 1037:34, 1037:37, 1039:8, 1040:23

exist [1] - 967:22existed [1] - 972:27existing [5] - 962:29,

962:37, 969:12, 975:44, 993:11

exiting [1] - 958:6expect [4] - 982:18,

1022:35, 1042:47, 1048:21

expected [5] - 950:9, 964:31, 1007:14, 1046:40, 1048:22

expensive [1] - 1030:19

experience [3] - 1020:40, 1035:38, 1046:19

expert [2] - 1020:34, 1023:39

expertise [5] - 944:27, 945:18, 959:14, 969:5, 1045:29

experts [2] - 944:15, 1020:35

explain [2] - 968:12, 1020:17

explained [1] - 948:10explanation [1] -

969:4explanatory [1] -

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950:43explore [6] - 972:29,

973:8, 991:37, 1017:46, 1041:1, 1048:24

explored [1] - 974:34exposed [2] - 1013:6,

1021:8exposure [6] - 958:36,

958:40, 961:24, 967:16, 969:42, 983:17

expressions [1] - 952:1

extended [3] - 955:40, 956:10, 987:7

extending [1] - 991:32extension [2] -

986:35, 1032:47extent [5] - 954:16,

956:47, 961:11, 961:21, 997:30

external [2] - 965:21, 1017:22

extra [1] - 1036:8extract [1] - 985:9extremely [1] - 964:33

F

Facebook [1] - 953:19facie [1] - 1024:30facilitated [1] - 950:20facilitating [1] -

950:21facilitation [1] -

950:29facilities [5] - 949:10,

956:15, 985:10, 987:39, 1006:26

facility [8] - 962:36, 987:35, 995:29, 995:31, 1016:3, 1026:2, 1026:6, 1028:42

Facility [5] - 974:40, 1015:24, 1015:34, 1017:41, 1041:9

FACILITY [1] - 1037:38

facing [1] - 945:33fact [8] - 950:11,

951:45, 951:47, 952:11, 972:27, 982:17, 1021:9, 1046:17

factor [1] - 1043:29factors [1] - 1041:2facts [1] - 961:4factual [3] - 948:19,

951:34, 952:14failed [5] - 945:29,

947:11, 947:13, 947:15, 947:18

failure [3] - 991:8, 991:12, 991:23

fairly [3] - 956:22, 973:17, 1048:21

fairness [1] - 970:5Fairness [1] - 952:11fall [5] - 954:19,

957:43, 967:18, 993:32, 997:27

falling [2] - 953:27, 976:47

Falls [2] - 1012:4, 1021:1

FALLS [1] - 1037:31falls [3] - 995:33,

1012:7, 1026:16familiar [1] - 1034:35far [12] - 954:6,

955:31, 957:32, 958:4, 958:37, 958:41, 959:2, 959:11, 963:22, 981:3, 984:8, 1024:25

feasible [1] - 1026:27February [17] -

944:36, 944:40, 946:23, 946:30, 954:40, 965:23, 966:15, 970:2, 975:29, 979:10, 979:19, 988:47, 989:26, 989:39, 989:46, 990:2

fee [1] - 966:26feedback [1] - 989:31fence [1] - 1037:5few [8] - 957:7,

988:21, 995:3, 1011:27, 1023:10, 1023:46, 1025:31, 1032:28

fibre [1] - 1034:14fibres [8] - 968:46,

968:47, 1011:36, 1011:38, 1020:25, 1021:4, 1034:20, 1041:3

fibro [3] - 1007:19, 1009:37, 1021:7

fibro" [1] - 1007:17field [2] - 993:33,

1034:10figures [1] - 994:14file [1] - 1034:29filed [1] - 1004:13

files [1] - 1034:6fill [5] - 1007:15,

1041:33, 1042:6, 1048:30, 1048:33

Fill [1] - 1046:2final [4] - 944:45,

986:43, 992:6, 1017:5

finalised [2] - 944:29, 972:35

finally [6] - 949:25, 951:46, 953:47, 971:38, 1017:7, 1039:39

financial [1] - 950:9findings [8] - 944:33,

950:32, 951:13, 951:16, 951:45, 951:47, 952:11, 998:14

fines [1] - 987:28finish [4] - 996:33,

1023:6, 1048:14, 1048:37

finished [1] - 1035:23fires [2] - 968:7,

968:10firm [2] - 944:25,

945:14FIRST [1] - 1040:23first [42] - 948:39,

952:39, 955:22, 955:38, 959:24, 965:15, 965:24, 965:27, 969:25, 970:37, 971:5, 971:7, 972:1, 973:12, 981:33, 982:9, 983:9, 984:36, 984:42, 985:1, 988:47, 996:6, 996:44, 997:22, 1005:10, 1007:41, 1008:25, 1012:10, 1014:5, 1015:1, 1015:25, 1016:30, 1020:12, 1022:43, 1036:17, 1038:11, 1040:44, 1045:36, 1045:41, 1046:21, 1046:24

firstly [2] - 1024:2, 1044:18

fits [1] - 996:22five [4] - 945:26,

945:47, 946:12, 962:44

FLINTOFT [3] - 1039:9, 1039:10, 1040:24

Flintoft [15] - 1032:34, 1034:37, 1037:47, 1038:12, 1038:13, 1038:22, 1038:38, 1039:17, 1039:20, 1039:33, 1039:44, 1044:25, 1045:22, 1045:24, 1045:44

Flintoft's [3] - 1038:29, 1039:37, 1044:37

flows [1] - 1043:37focus [4] - 1032:46,

1037:6, 1037:8, 1044:43

focused [3] - 1027:40, 1037:3, 1040:3

focussed [1] - 1040:19

follow [8] - 960:35, 980:1, 983:22, 991:39, 1022:41, 1027:16, 1029:36, 1031:28

followed [7] - 955:47, 1002:40, 1003:3, 1003:8, 1003:16, 1003:27, 1023:10

Following [1] - 955:1following [18] -

952:24, 955:16, 956:13, 961:30, 966:16, 967:8, 976:47, 981:15, 982:9, 989:46, 990:16, 994:11, 997:44, 1004:47, 1010:43, 1029:27, 1030:17, 1041:2

follows [5] - 944:34, 945:28, 973:19, 973:26, 987:46

foot [5] - 983:1, 988:19, 1007:43, 1012:23, 1035:16

forget [1] - 966:40forgotten [2] -

1016:21, 1024:43form [13] - 947:28,

964:8, 971:39, 972:22, 972:29, 973:20, 975:9, 975:32, 981:28, 981:40, 983:27, 986:15, 996:3

formally [1] - 964:31format [1] - 973:26formation [1] -

1024:13former [1] - 946:25

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12

Former [1] - 944:38formulate [1] - 963:43forthcoming [1] -

1027:17forum [1] - 999:45forward [12] - 946:1,

960:33, 963:37, 967:34, 982:47, 987:16, 987:18, 988:10, 1011:28, 1019:19, 1036:43, 1040:1

four [8] - 944:33, 945:3, 952:29, 956:6, 962:40, 983:20, 997:44, 1045:20

fourth [5] - 962:7, 965:17, 977:43, 1015:10, 1034:16

fragments [1] - 1010:21

framework [1] - 1042:29

frayed [1] - 1020:31free [1] - 1047:22frequently [2] -

1025:11, 1025:27friable [10] - 968:40,

968:43, 968:46, 1020:19, 1020:26, 1020:30, 1021:8, 1021:10

friend [1] - 1046:20FROM [5] - 1037:24,

1037:25, 1039:8, 1039:9, 1040:24

front [4] - 956:20, 956:44, 1029:12, 1035:33

fulfil [1] - 990:28full [3] - 1000:25,

1031:44, 1048:40fully [2] - 974:15,

1032:45function [1] - 1001:36functions [14] -

943:16, 943:20, 943:24, 947:34, 948:30, 948:47, 949:32, 949:47, 950:18, 950:35, 951:3, 951:20, 977:38, 1019:43

funding [9] - 950:2, 950:11, 950:13, 975:47, 988:22, 989:39, 989:45, 1030:15, 1030:26

funds [2] - 1011:29,

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1030:21future [2] - 945:41,

949:11

G

Gabby [1] - 975:35gable [2] - 1027:29,

1027:30Gabrielle [1] - 943:7gain [1] - 1043:7gained [1] - 995:43gap [4] - 962:10,

966:3, 976:47, 996:33

gaps [3] - 969:41, 976:46, 977:12

Gary [1] - 1012:29Gazette [4] - 943:45,

953:21, 954:25, 954:32

general [26] - 943:34, 944:18, 952:32, 952:33, 953:30, 954:10, 955:4, 955:6, 957:30, 958:24, 959:14, 960:37, 961:44, 982:42, 988:29, 994:42, 997:13, 998:9, 999:10, 999:17, 1017:37, 1018:3, 1024:29, 1032:17, 1042:23, 1046:19

GENERAL [1] - 999:21generally [9] - 951:38,

953:4, 953:24, 968:14, 976:27, 982:24, 1003:44, 1003:46, 1042:17

George [2] - 965:6, 1013:1

germane [1] - 947:2given [20] - 946:12,

952:9, 953:47, 956:11, 965:20, 971:47, 972:19, 972:25, 973:31, 977:14, 996:9, 996:10, 997:32, 998:38, 1017:47, 1019:1, 1022:4, 1040:44, 1041:32, 1046:16

glass [1] - 1033:35GLOVER [247] -

954:14, 955:6, 955:10, 955:14, 955:22, 955:29,

955:38, 955:46, 956:9, 956:13, 956:27, 956:31, 956:38, 956:46, 957:5, 957:9, 957:27, 958:18, 958:24, 958:47, 959:36, 959:43, 960:5, 960:10, 960:33, 961:28, 961:35, 961:42, 962:1, 962:7, 962:12, 962:19, 962:27, 962:36, 963:7, 963:21, 963:28, 963:32, 963:41, 964:5, 964:19, 964:24, 964:28, 965:5, 965:12, 965:39, 965:43, 966:24, 966:28, 966:34, 966:40, 967:1, 967:33, 967:44, 968:12, 968:19, 968:30, 968:43, 969:4, 969:22, 969:31, 969:37, 970:5, 970:30, 970:37, 970:44, 971:5, 971:21, 971:25, 971:34, 971:46, 972:10, 972:16, 972:37, 972:42, 973:8, 973:25, 973:29, 973:39, 973:47, 974:7, 974:27, 974:33, 975:3, 975:9, 975:17, 975:24, 975:31, 975:39, 976:19, 976:25, 976:33, 976:38, 976:43, 977:20, 977:29, 977:35, 978:6, 978:10, 978:25, 978:33, 978:40, 978:46, 979:5, 979:9, 979:31, 979:36, 980:32, 980:37, 980:43, 981:2, 981:38, 982:15, 982:22, 982:36, 983:40, 984:14, 984:21, 984:26, 984:42, 985:23, 985:28, 985:33, 985:40, 985:44, 986:3, 986:20, 986:26,

986:34, 987:4, 987:10, 987:14, 987:37, 988:8, 988:26, 988:47, 989:24, 989:43, 990:5, 990:26, 990:33, 990:39, 991:1, 991:18, 991:23, 991:47, 992:5, 992:10, 992:19, 992:28, 992:32, 992:37, 992:41, 993:10, 993:15, 994:16, 994:23, 994:29, 994:38, 995:11, 995:16, 995:23, 996:6, 996:15, 996:29, 999:4, 999:13, 1000:13, 1000:19, 1000:23, 1000:25, 1002:5, 1004:39, 1005:20, 1005:24, 1005:44, 1008:14, 1008:18, 1008:22, 1008:31, 1008:37, 1008:44, 1009:5, 1009:12, 1009:16, 1009:20, 1009:33, 1009:43, 1009:45, 1010:5, 1010:10, 1010:34, 1011:44, 1012:40, 1013:31, 1013:39, 1014:3, 1015:5, 1015:10, 1015:16, 1015:27, 1015:32, 1016:2, 1016:26, 1016:30, 1017:2, 1017:7, 1017:44, 1018:5, 1019:37, 1020:1, 1030:32, 1030:40, 1031:5, 1031:14, 1031:20, 1031:26, 1031:36, 1031:42, 1031:44, 1033:24, 1033:32, 1033:39, 1035:6, 1035:21, 1036:36, 1036:41, 1037:18, 1037:40, 1039:2, 1039:6, 1039:12, 1040:26, 1047:20, 1047:29, 1047:34, 1047:42, 1047:46, 1048:3, 1048:10, 1048:14, 1048:19, 1048:29, 1048:35, 1048:39, 1048:45, 1049:5

Glover [8] - 943:4,

948:22, 952:25, 952:35, 953:10, 953:13, 954:12, 1000:3

Glover's [1] - 997:30glue [1] - 1026:41goods [1] - 949:10governance [3] -

943:28, 945:40, 976:20

governed [1] - 1042:15

governing [21] - 943:35, 943:39, 946:7, 947:42, 948:32, 948:36, 948:41, 950:2, 950:5, 950:20, 950:23, 950:40, 951:5, 951:9, 951:22, 951:25, 954:2, 957:25, 989:38, 998:18

government [6] - 963:34, 964:16, 964:29, 975:15, 980:26, 993:38

GOVERNMENT [1] - 942:23

Government [30] - 943:8, 943:11, 943:15, 943:19, 943:40, 944:14, 944:18, 946:7, 946:12, 946:39, 948:31, 949:33, 949:38, 950:37, 950:46, 952:24, 952:25, 953:16, 963:30, 964:35, 964:41, 966:43, 975:26, 975:33, 976:1, 979:47, 980:27, 981:9, 981:20, 998:14

Government" [1] - 980:33

governments [1] - 993:42

granted [2] - 946:35, 1044:28

granting [1] - 952:42grass [2] - 994:4,

1007:16GREAT [1] - 1037:22Great [5] - 991:3,

991:11, 993:20, 1033:28, 1033:32

greater [1] - 1034:20Greenwood [7] -

.09/03/2020 (10) Transcript produced by Epiq

13

982:41, 983:34, 983:40, 985:4, 985:7, 986:3, 1024:12

Greenwood's [1] - 983:42

Grip [1] - 1013:7grounds [3] - 1029:13,

1047:40, 1047:42group [11] - 953:5,

976:20, 977:23, 977:36, 979:26, 981:32, 981:41, 984:4, 986:5, 986:10

Group" [1] - 1005:11groups [1] - 1004:34GRSG [1] - 976:21guard [2] - 1033:11,

1043:37guidance [1] - 949:26guide [4] - 964:21,

964:41, 975:26, 975:29

guideline [2] - 964:34, 975:42

guiding [9] - 943:38, 947:41, 948:34, 949:16, 950:4, 950:22, 950:39, 951:8, 951:23

guilty [1] - 958:45guys [4] - 1039:25,

1040:11, 1041:42, 1041:43

H

Hadley [4] - 944:3, 946:23, 953:20, 954:38

Hahn [4] - 1001:11, 1007:25, 1025:26, 1025:30

halfway [6] - 960:20, 963:16, 974:18, 977:42, 1034:16, 1038:12

hall [7] - 1028:29, 1028:32, 1044:20, 1044:41, 1045:2, 1046:40, 1047:12

halls [1] - 1028:30hand [5] - 953:38,

960:39, 994:17, 1039:45, 1043:17

handed [1] - 1043:21handle [3] - 947:20,

1023:42, 1026:3handled [2] - 1016:41,

1036:28

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handlers [1] - 1023:39handling [4] - 957:39,

974:40, 991:27, 1020:39

hands [1] - 997:30handwritten [1] -

978:18hang [2] - 1009:2,

1037:15happy [1] - 976:44hard [2] - 1010:8,

1048:15Hargreaves [3] -

945:16, 974:27, 974:29

harmonisation [2] - 961:26, 966:3

HARRIS [1] - 1037:24Harris [3] - 1032:34,

1045:22, 1045:25hazard [1] - 960:24hazardous [3] -

956:25, 957:40, 969:13

hazmat [1] - 1042:6head [3] - 987:1,

1031:29, 1047:2headed [5] - 955:8,

964:28, 979:9, 982:1, 1010:25

header [2] - 1035:13, 1040:10

heading [29] - 963:17, 964:30, 965:31, 967:6, 967:45, 968:23, 969:16, 969:24, 970:22, 974:12, 975:41, 976:46, 977:4, 977:6, 977:35, 979:38, 979:45, 980:6, 980:16, 980:18, 980:28, 980:32, 983:12, 983:15, 984:29, 985:6, 988:28, 992:42, 1034:9

health [16] - 944:27, 944:28, 945:33, 955:32, 956:29, 957:33, 958:8, 958:12, 959:37, 959:38, 964:7, 978:20, 993:1, 993:15, 994:31, 994:33

Health [3] - 945:30, 962:15

hear [2] - 959:19, 966:17

heard [4] - 983:33, 990:41, 991:5, 994:14

Hearing [1] - 942:31hearing [1] - 954:14hearings [21] - 945:10,

947:45, 948:3, 948:11, 948:13, 948:21, 952:21, 952:29, 952:46, 953:4, 953:10, 954:17, 954:20, 954:42, 961:8, 966:18, 972:28, 974:35, 988:13, 995:3

held [4] - 943:22, 981:10, 1000:38, 1032:14

Held [1] - 942:34hell [1] - 1046:32high [8] - 962:21,

962:40, 962:41, 963:23, 963:26, 974:34, 977:14, 983:18

high-risk [1] - 962:40highlighted [1] -

965:22highlighting [1] -

976:41HIGHWAY [1] -

1037:23Highway [5] - 991:4,

991:11, 993:20, 1033:28, 1033:32

historical [1] - 976:27history [1] - 961:23hold [2] - 943:12,

1028:30holding [2] - 1043:29,

1043:36honestly [2] - 949:1,

949:42Honourable [1] -

943:7hope [2] - 1004:6,

1020:44hopeful [1] - 1000:13hoping [1] - 1020:27hosted [1] - 944:2hour [1] - 978:46hours [1] - 1033:15housekeeping [2] -

996:46, 998:9huge [1] - 952:29Hurst [5] - 953:15,

953:26, 953:35, 997:14, 997:23

Hurst's [2] - 953:31,

998:40hygienist [7] - 1004:7,

1007:31, 1016:11, 1019:1, 1019:3, 1019:29, 1028:5

hygienists [1] - 1028:1

I

idea [6] - 962:19, 972:16, 993:40, 995:17, 995:47, 1043:1

identification [3] - 991:27, 1030:17, 1034:23

Identification [2] - 944:37, 944:38

identified [24] - 945:35, 959:3, 959:12, 959:26, 962:21, 962:40, 963:11, 967:34, 969:23, 971:41, 979:40, 983:19, 989:29, 1010:43, 1014:23, 1026:18, 1029:6, 1029:10, 1029:24, 1029:40, 1029:42, 1030:36, 1031:11, 1034:17

identifier [1] - 992:23identifies [5] - 960:16,

971:14, 975:40, 977:11, 1028:6

identify [9] - 947:20, 967:15, 969:41, 972:17, 985:45, 994:13, 995:16, 995:39, 1027:22

identifying [3] - 1023:26, 1023:38, 1030:10

ignore [1] - 997:33ignored [1] - 1043:8illegally [3] - 1015:38,

1015:41, 1015:43illnesses [1] - 994:8image [3] - 1009:5,

1009:16, 1013:33immediate [8] -

983:10, 983:14, 983:16, 983:20, 983:26, 983:44, 983:46, 984:7

immediately [3] - 968:20, 975:24, 983:7

impact [1] - 977:6

Impacting [1] - 977:4imperative [3] -

1043:5, 1043:9, 1043:11

implement [5] - 952:4, 981:9, 993:30, 993:43, 1034:22

implementation [4] - 945:41, 966:9, 972:47, 990:16

implemented [2] - 978:35, 987:30

implementing [2] - 946:16, 955:34

Implications [1] - 1046:11

important [3] - 951:36, 995:38, 1019:22

imposed [1] - 961:1imposing [2] - 943:16,

943:20improvement [16] -

946:6, 946:11, 953:25, 955:2, 955:16, 955:24, 955:31, 974:5, 974:23, 974:24, 974:29, 986:41, 986:42, 988:45, 990:31, 990:40

improving [1] - 974:16IN [1] - 1037:22inappropriate [1] -

947:1incident [1] - 993:17incidents [1] - 947:39include [1] - 968:31included [5] - 946:16,

962:28, 991:40, 1045:28, 1045:31

includes [2] - 957:38, 980:10

including [3] - 947:37, 956:23, 958:29

inclusive [1] - 957:37inconsiderable [1] -

993:31incorporate [1] -

975:43incorrect [1] - 998:35increased [1] -

1034:20indeed [3] - 965:39,

967:10, 972:37independent [8] -

944:6, 944:11, 944:15, 945:40, 946:18, 947:38, 967:22, 974:8

.09/03/2020 (10) Transcript produced by Epiq

14

Independent [1] - 944:46

independently [1] - 967:14

index [6] - 1005:24, 1007:43, 1008:31, 1010:11, 1016:17, 1033:39

indicated [2] - 1021:2, 1023:45

indicating [2] - 946:14, 953:44

indication [1] - 994:45indicative [1] - 945:36indistinct [3] -

1019:44, 1023:21, 1030:21

Individual [1] - 984:29individual [8] -

974:20, 984:15, 984:16, 984:17, 984:31, 985:11, 987:25, 996:10

industry [2] - 993:36information [9] -

957:41, 959:30, 972:47, 975:44, 985:18, 994:17, 997:24, 1022:43, 1043:21

informed [2] - 945:8, 946:3

informing [3] - 986:27, 989:9, 1040:11

informs [1] - 985:7infrastructure [2] -

1012:25, 1032:28initial [1] - 1015:17initiated [1] - 946:18injunction [2] -

946:32, 946:38injuries [2] - 993:7,

994:8innovation [1] -

972:23inquire [10] - 943:26,

944:11, 947:2, 947:32, 948:29, 949:46, 950:17, 950:34, 951:2, 951:19

inquired [3] - 943:37, 948:26, 948:27

inquiries [1] - 952:33INQUIRY [2] - 942:23,

1049:10inquiry [37] - 943:9,

943:13, 943:26, 947:1, 947:29,

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947:31, 949:27, 951:30, 951:38, 951:39, 951:44, 952:1, 952:4, 952:6, 952:9, 952:19, 952:23, 952:26, 952:31, 952:37, 952:44, 952:47, 953:4, 953:33, 953:47, 954:5, 954:7, 954:21, 956:47, 974:12, 995:39, 995:45, 996:33, 997:22, 998:32, 999:36, 1048:37

inquiry's [1] - 961:13inspect [3] - 962:24,

989:29, 1016:11inspected [5] -

970:45, 973:18, 986:14, 995:2, 1009:25

inspection [17] - 954:43, 955:1, 955:16, 955:23, 956:1, 962:22, 962:41, 965:15, 970:20, 970:40, 971:11, 971:29, 972:12, 975:4, 982:10, 982:13, 982:46

inspection" [1] - 970:13

inspections [9] - 956:14, 962:30, 962:33, 962:38, 982:23, 982:37, 989:34, 1006:26, 1032:21

inspector [2] - 955:23, 984:45

install [1] - 1015:12instance [3] - 952:39,

984:36, 1033:10instead [2] - 948:22,

1046:15institute [2] - 1038:31,

1046:40Institute [5] - 944:36,

1032:39, 1038:25, 1044:21, 1046:11

instruct [1] - 944:6instructed [1] - 1027:4instructions [1] -

957:41intend [1] - 948:19intended [4] - 961:7,

961:9, 968:31, 969:9

intends [1] - 959:23intent [2] - 945:7,

1041:16intention [5] - 944:14,

945:24, 945:46, 946:29, 978:26

interaction [1] - 995:34

interchangeable [1] - 972:8

interest [6] - 947:38, 952:44, 954:1, 954:8, 954:9, 954:45

interested [2] - 953:5, 989:7

interests [2] - 952:14, 952:45

interim [9] - 944:34, 944:37, 944:40, 946:35, 947:46, 948:4, 948:15, 950:27, 951:13

internal [1] - 965:44internet [1] - 956:42interpret [1] - 1026:25interpretation [1] -

949:6interrupt [2] - 997:3,

998:12interview [1] - 953:21intranet [1] - 985:15introduction [2] -

969:39, 976:10intrusions [1] - 984:35investigate [3] -

944:7, 949:31, 1043:16

investigation [13] - 943:33, 944:25, 944:29, 944:32, 945:15, 945:19, 945:40, 951:45, 989:16, 990:42, 991:35, 995:25, 1043:12

Investigation" [1] - 944:47

investigations [12] - 944:20, 944:28, 945:18, 946:4, 946:18, 946:20, 946:46, 947:3, 947:5, 947:39, 996:18, 996:22

investigator [2] - 944:7, 944:11

invitation [2] - 983:3, 1006:22

invite [1] - 984:5invited [3] - 945:24,

953:2, 1024:4involve [2] - 1001:22,

1001:40involved [11] - 947:19,

960:45, 975:4, 994:23, 994:29, 1006:29, 1017:33, 1018:1, 1032:19, 1033:7, 1038:6

involvement [24] - 989:32, 1001:31, 1005:1, 1006:38, 1006:39, 1006:43, 1009:45, 1011:25, 1011:46, 1012:6, 1014:44, 1015:19, 1016:6, 1016:10, 1016:33, 1017:26, 1019:15, 1032:38, 1032:42, 1032:43, 1037:1, 1037:9, 1038:32, 1038:45

involves [1] - 1048:26involving [3] - 957:47,

958:26, 1012:15issue [26] - 944:1,

946:5, 954:18, 956:27, 956:29, 956:34, 963:22, 965:25, 967:28, 975:42, 979:18, 980:43, 981:6, 981:15, 982:9, 1007:11, 1013:23, 1016:7, 1016:41, 1035:26, 1035:38, 1037:2, 1040:12, 1040:14, 1041:44

issued [29] - 945:23, 946:10, 946:29, 946:31, 955:1, 955:38, 956:15, 956:21, 959:9, 959:45, 960:11, 961:18, 963:34, 964:30, 972:20, 978:2, 978:16, 982:39, 983:7, 987:38, 988:45, 989:13, 990:43, 992:45, 1004:47, 1014:43, 1037:8, 1043:29, 1044:33

Issues [1] - 977:4issues [63] - 943:31,

943:35, 945:32, 945:34, 946:43, 947:40, 948:9, 948:33, 949:25, 949:37, 950:27,

950:31, 950:38, 951:22, 951:28, 951:32, 954:33, 954:45, 956:2, 961:8, 961:16, 965:45, 977:8, 979:12, 979:15, 981:47, 988:12, 989:29, 991:2, 991:43, 995:37, 999:29, 999:32, 1001:23, 1001:32, 1001:35, 1001:44, 1002:6, 1002:35, 1002:39, 1006:29, 1012:6, 1012:28, 1015:19, 1015:33, 1015:37, 1017:8, 1017:12, 1017:13, 1017:17, 1017:21, 1017:27, 1019:2, 1019:15, 1030:15, 1033:5, 1033:9, 1036:25, 1038:46, 1042:46, 1047:11, 1047:35

issuing [2] - 946:6, 990:40

item [2] - 981:32, 984:4

itself [9] - 949:26, 952:4, 957:28, 965:7, 992:19, 999:36, 1013:47, 1021:23, 1032:46

J

James [2] - 1020:7, 1040:39

January [12] - 946:10, 948:15, 950:27, 951:13, 953:15, 953:26, 953:35, 956:46, 988:19, 988:30, 988:36, 1018:24

job [6] - 1001:24, 1007:12, 1016:46, 1021:19, 1022:35, 1022:41

Johnson [1] - 965:6Johnston [1] - 979:22jointly [1] - 988:28judge [1] - 946:35July [10] - 948:14,

954:26, 956:7, 974:8, 977:22, 984:42, 985:1, 985:5, 985:15, 999:18

.09/03/2020 (10) Transcript produced by Epiq

15

JULY [1] - 999:22jumping [2] - 959:36,

1010:7junction [1] - 946:35June [10] - 943:7,

946:37, 983:6, 983:31, 984:3, 991:36, 1005:7, 1005:39, 1024:9, 1024:12

K

Kane [3] - 1012:46, 1013:24, 1048:7

Kane-White [3] - 1012:46, 1013:24, 1048:7

KATOOMBA [1] - 1037:37

Katoomba [10] - 942:36, 979:13, 987:34, 987:39, 995:28, 1015:24, 1015:33, 1017:41, 1017:44, 1026:2

keen [1] - 998:31keep [2] - 955:12,

996:36Keiran [1] - 966:24Kelshaw [2] - 944:23,

947:36kept [9] - 947:12,

959:18, 1026:31, 1028:17, 1028:26, 1028:28, 1040:14, 1046:31

key [2] - 995:44, 1023:25

kind [3] - 951:38, 953:3, 1024:45

kit [2] - 993:41, 993:42Kitching [3] - 1047:27,

1048:21, 1048:39knowing [1] - 1023:39knowingly [1] -

1026:5knowledge [5] -

1002:28, 1038:41, 1045:29, 1046:17, 1047:13

Known [1] - 944:40known [7] - 960:23,

961:17, 965:33, 993:7, 994:8, 1032:39, 1044:20

Kwik [1] - 1013:7

L

label [1] - 971:15

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labels [1] - 971:11laboratory [1] -

1034:10lack [1] - 1030:25lacking [2] - 967:29,

976:27land [2] - 1034:7,

1042:6landfill [1] - 974:41largely [5] - 950:43,

974:19, 987:25, 991:2, 1000:46

larger [1] - 1048:22Last [1] - 968:17last [18] - 947:46,

948:14, 954:17, 962:44, 963:2, 963:10, 969:11, 980:14, 1000:6, 1004:26, 1019:42, 1023:46, 1028:16, 1039:12, 1039:22, 1041:33, 1043:24, 1048:45

lastly [3] - 1022:28, 1027:43, 1028:39

late [11] - 953:19, 1007:2, 1011:7, 1012:12, 1016:6, 1019:46, 1021:31, 1023:6, 1033:5, 1039:22, 1048:45

latent [1] - 1041:37latter [1] - 954:22launched [1] - 985:16law [3] - 944:25,

945:14, 1029:37law" [1] - 949:13lawfully [1] - 948:27LAWRENCE [1] -

1037:26Lawrence [5] -

1035:9, 1037:42, 1046:16, 1046:19, 1046:31

Lawrence's [1] - 1046:17

Lawson [31] - 944:35, 944:36, 954:34, 991:4, 991:5, 991:6, 991:11, 991:30, 993:19, 994:3, 995:4, 995:26, 1006:35, 1007:16, 1008:12, 1008:14, 1011:17, 1021:31, 1021:36, 1022:34, 1028:40, 1030:16, 1032:39, 1038:17, 1038:24, 1038:25,

1038:34, 1039:24, 1044:20, 1046:2, 1046:10

LAWSON [1] - 1037:35

lawyer [2] - 944:27, 945:17

lawyers [1] - 947:36layer [1] - 1039:23leader [1] - 985:26leadership [6] -

948:45, 949:17, 949:23, 976:7, 986:27, 987:44

leading [3] - 976:12, 982:8, 982:26

leads [1] - 987:30leap [1] - 975:24lease [1] - 1034:7least [8] - 946:28,

956:2, 968:1, 979:42, 983:47, 987:10, 1010:35, 1028:15

leave [10] - 948:21, 991:41, 1006:31, 1007:3, 1010:18, 1021:33, 1022:47, 1023:4, 1023:10, 1037:41

leaving [1] - 1000:2led [4] - 974:4, 974:15,

974:23, 993:23left [6] - 960:39,

974:19, 1008:1, 1035:18, 1038:24, 1040:20

left-hand [1] - 960:39leftover [1] - 1019:23legal [7] - 945:2,

945:21, 945:32, 951:47, 952:43, 953:39, 954:4

legislating [1] - 957:12

legislation [3] - 956:44, 1042:36, 1042:45

legislative [2] - 945:42, 949:7

lengthy [2] - 971:28, 986:14

less [2] - 980:38, 981:12

letter [15] - 945:9, 945:26, 946:14, 953:31, 953:35, 953:42, 964:26, 964:28, 964:33, 989:25, 992:11,

997:3, 997:14, 997:23, 998:40

letters [3] - 953:15, 989:26, 989:35

level [4] - 949:27, 950:45, 974:34, 984:46

LGA [13] - 947:34, 947:43, 948:44, 950:1, 950:8, 950:10, 950:19, 950:36, 951:5, 951:21, 952:7, 980:10, 1029:1

licence [1] - 996:4licensed [7] - 984:38,

1015:13, 1015:42, 1015:45, 1026:2, 1028:42, 1042:11

light [3] - 947:3, 961:8, 1016:2

likelihood [1] - 1029:44

likely [10] - 959:26, 965:33, 965:39, 965:41, 968:47, 1021:26, 1029:43, 1030:37, 1031:2, 1031:9

limit [1] - 948:27limited [4] - 949:40,

950:12, 993:19, 999:37

line [11] - 973:16, 1032:44, 1033:8, 1033:25, 1034:16, 1041:35, 1043:30, 1045:10, 1045:23, 1045:35, 1046:26

list [5] - 969:25, 969:32, 983:44, 1027:6, 1047:26

listed [1] - 1048:27lists [1] - 999:1literally [2] - 995:8,

998:38litter [1] - 1041:4LOCAL [1] - 942:23local [7] - 949:12,

957:20, 963:33, 964:16, 964:29, 993:38, 993:42

Local [28] - 943:8, 943:10, 943:15, 943:19, 943:40, 944:14, 944:17, 946:7, 946:12, 946:38, 948:31, 949:33, 949:38, 952:24, 952:25,

953:16, 963:30, 964:35, 964:41, 966:43, 975:26, 975:33, 976:1, 980:27, 980:32, 981:9, 981:20, 998:14

located [4] - 962:45, 980:10, 980:15, 980:21

location [5] - 980:22, 983:27, 983:28, 987:42, 1041:6

location" [1] - 1041:35locations [2] - 971:42,

983:19locks [2] - 1007:7,

1021:42lodging [1] - 989:21logical [1] - 1031:23logo [1] - 967:45long-term [1] - 949:19look [21] - 987:42,

1003:23, 1007:6, 1007:18, 1007:36, 1009:30, 1013:24, 1016:17, 1023:15, 1025:22, 1025:34, 1026:17, 1033:22, 1038:39, 1041:16, 1041:24, 1041:31, 1042:16, 1046:12, 1046:25, 1048:1

looked [7] - 985:31, 985:35, 986:18, 998:31, 1003:40, 1009:26, 1040:15

looking [20] - 951:33, 957:21, 965:3, 994:31, 1005:24, 1008:1, 1008:24, 1008:28, 1009:9, 1011:33, 1011:34, 1017:40, 1023:30, 1030:30, 1033:30, 1034:34, 1036:45, 1040:6, 1041:29

looks [2] - 990:19, 993:40

loop [1] - 1046:31lost [1] - 1040:11lunch [2] - 1000:10,

1048:15LUNCHEON [1] -

1000:17

M

machine [1] - 1022:12Maddaford [4] -

.09/03/2020 (10) Transcript produced by Epiq

16

955:14, 955:22, 984:44, 986:40

MADDAFORD [1] - 955:15

magnifying [1] - 1033:35

main [3] - 980:28, 1020:18

maintained [2] - 959:29, 962:29

maintaining [1] - 955:34

maintenance [2] - 957:39, 971:34

major [4] - 984:8, 1001:4, 1004:18, 1032:27

majority [1] - 1025:15make-up [1] - 987:46manage [6] - 960:2,

965:45, 967:15, 978:1, 979:24, 987:27

managed [5] - 967:18, 974:19, 980:9, 1024:44, 1048:5

Management [15] - 944:42, 967:5, 969:17, 972:31, 972:32, 974:39, 980:18, 982:1, 982:45, 989:2, 1005:14, 1015:24, 1015:34, 1017:41, 1041:8

management [118] - 943:30, 943:36, 943:44, 943:46, 944:8, 944:26, 944:35, 945:31, 945:34, 945:38, 945:43, 946:3, 946:5, 946:13, 946:20, 946:43, 946:46, 947:13, 947:37, 948:33, 949:25, 949:26, 949:27, 949:36, 949:41, 950:3, 950:9, 950:14, 950:31, 950:38, 951:16, 951:22, 951:29, 951:32, 953:25, 954:19, 954:24, 954:28, 954:38, 954:46, 955:34, 955:46, 956:3, 957:47, 958:3, 959:1, 959:10, 959:25,

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959:28, 960:38, 962:42, 965:18, 965:26, 966:12, 967:39, 967:40, 968:24, 968:27, 969:14, 972:26, 973:1, 974:8, 974:15, 974:19, 978:28, 978:35, 979:12, 980:1, 980:3, 980:9, 980:11, 980:21, 981:10, 981:47, 982:24, 983:9, 983:14, 983:16, 983:32, 983:43, 984:43, 985:16, 985:21, 985:24, 985:37, 986:4, 986:28, 986:37, 986:43, 986:44, 987:22, 987:34, 988:14, 989:38, 990:11, 990:17, 991:12, 993:15, 993:38, 993:41, 995:29, 995:36, 996:19, 1002:10, 1004:34, 1005:6, 1005:30, 1019:39, 1023:46, 1024:8, 1024:13, 1026:2, 1034:22, 1042:30, 1044:18

MANAGEMENT [1] - 1037:38

manager [23] - 944:18, 953:30, 982:42, 988:29, 1003:25, 1003:33, 1004:12, 1004:16, 1007:2, 1007:4, 1007:21, 1007:24, 1012:24, 1012:27, 1016:45, 1024:29, 1025:7, 1025:32, 1032:5, 1044:37, 1045:2, 1045:5, 1045:25

managerial [1] - 949:5managers [3] -

949:23, 982:44, 1003:39

manages [1] - 974:21managing [7] -

945:36, 959:8, 960:45, 1001:45, 1002:40, 1032:22, 1037:2

mandatory [1] - 964:36

manner [4] - 974:21, 1030:25, 1041:20, 1042:35

MAP [2] - 967:8, 982:3MARCH [1] - 1049:11March [8] - 942:40,

944:44, 944:45, 945:19, 969:17, 979:36, 980:3, 980:22

MARCUS [1] - 1031:40

Marcus [2] - 1031:46, 1045:37

mark [2] - 967:46, 1044:39

Mark [6] - 946:25, 1034:41, 1036:44, 1041:28, 1045:38, 1046:15

mark-up [1] - 967:46master [1] - 984:12Material [2] - 944:38,

1046:2material [21] - 947:16,

947:17, 947:20, 947:21, 956:25, 961:17, 971:14, 971:41, 978:10, 991:25, 994:5, 995:32, 1007:13, 1014:30, 1026:39, 1028:46, 1034:14, 1038:23, 1038:30, 1038:31, 1041:1

materials [6] - 965:15, 965:17, 969:13, 983:18, 1019:23, 1026:6

matter [13] - 943:14, 952:14, 953:14, 953:27, 953:40, 953:43, 968:20, 999:35, 1000:2, 1003:42, 1038:41, 1043:37, 1046:39

matters [21] - 943:29, 943:46, 944:19, 945:17, 945:47, 946:20, 947:2, 948:19, 951:15, 951:34, 951:36, 954:1, 956:6, 957:12, 977:5, 988:13, 989:10, 996:46, 1002:40, 1043:17, 1043:35

mayor [2] - 949:34, 988:28

McCullough [2] -

945:14, 947:36McKay [9] - 955:15,

984:4, 984:21, 985:4, 985:7, 985:28, 986:26, 986:40, 987:1

McPhee [2] - 944:23, 947:36

mean [11] - 976:23, 980:46, 981:26, 1000:9, 1006:31, 1011:37, 1012:19, 1021:5, 1025:43, 1027:46, 1041:46

meaning [1] - 948:40means [6] - 950:12,

952:19, 958:6, 1029:7, 1042:3, 1042:35

meant [5] - 994:43, 997:5, 997:26, 1022:33, 1028:36

measure [2] - 971:16, 1041:23

measures [1] - 971:25mechanics [1] -

1046:40Mechanics [5] -

944:36, 1032:39, 1038:25, 1044:20, 1046:11

media [3] - 954:23, 954:45, 972:25

medical [3] - 1047:42, 1047:44, 1047:46

medium [1] - 987:26meet [2] - 969:10,

1033:19meeting [12] - 979:23,

979:37, 982:26, 984:3, 988:47, 1018:23, 1018:27, 1018:38, 1018:46, 1019:10, 1019:14

meetings [4] - 982:2, 989:6, 1011:27, 1011:44

meets [1] - 945:42member [14] - 943:17,

949:5, 950:15, 954:2, 954:9, 957:19, 957:24, 985:29, 1005:30, 1006:11, 1023:45, 1024:1, 1024:24, 1024:30

members [6] - 976:12, 985:45, 996:19, 996:31, 1024:20, 1048:8

memo [1] - 977:37memorable [1] -

1000:6memoranda [1] -

967:36memorandum [15] -

967:4, 969:16, 969:23, 969:32, 974:42, 976:5, 976:33, 978:14, 982:7, 982:41, 987:20, 987:45, 988:17, 988:33, 988:34

memorandums [2] - 965:24, 981:47

memory [1] - 1032:43men [1] - 1045:23mention [2] - 953:14,

997:21mentioned [8] -

994:40, 998:3, 1002:36, 1010:16, 1011:45, 1030:14, 1034:40, 1040:19

met [3] - 944:18, 1013:1, 1033:18

metre [2] - 1041:7, 1041:14

Michael [1] - 944:24mid [1] - 1016:6mid-2017 [1] - 1006:25middle [3] - 994:2,

1005:5, 1035:45might [28] - 948:20,

949:4, 949:28, 951:41, 952:5, 954:8, 954:9, 965:37, 965:39, 971:14, 973:12, 977:30, 978:37, 984:8, 991:40, 992:21, 996:3, 1011:33, 1014:40, 1020:41, 1022:44, 1023:34, 1026:40, 1027:6, 1029:13, 1029:43, 1038:39, 1038:42

million [2] - 989:44, 993:21

mind [7] - 975:24, 997:28, 999:37, 1027:20, 1030:9, 1040:14, 1042:33

mine [1] - 992:35minimise [2] - 983:17,

996:34minimised [1] -

958:41

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17

minimum [1] - 948:2Minister [2] - 943:8,

988:11minister [24] - 943:11,

943:13, 945:8, 945:23, 945:27, 945:45, 946:3, 946:6, 946:10, 946:29, 946:33, 946:36, 946:38, 947:33, 947:47, 948:5, 948:16, 952:2, 952:3, 952:22, 952:25, 952:46, 953:26, 988:44

minister's [3] - 945:26, 946:14, 990:31

minor [2] - 949:29, 1044:6

minutes [5] - 978:46, 979:37, 981:31, 982:29, 1023:47

misled [1] - 948:2mismanagement [1] -

951:33missing [1] - 1008:29mistakenly [1] -

1046:16mobilisation [1] -

1044:1Model [1] - 944:41model [19] - 963:34,

963:41, 963:45, 965:27, 966:9, 966:41, 967:10, 969:40, 975:13, 975:42, 976:2, 978:15, 979:47, 980:39, 981:4, 981:7, 981:9, 981:11, 981:25

moment [34] - 954:25, 955:41, 956:18, 959:25, 962:12, 964:11, 965:29, 966:15, 966:41, 967:26, 968:21, 968:37, 969:9, 969:24, 969:33, 970:14, 970:33, 975:19, 979:26, 981:26, 983:46, 984:27, 988:14, 994:17, 994:18, 994:26, 999:26, 999:31, 1010:16, 1011:13, 1011:45, 1012:19, 1032:28,

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1049:2Monday [1] - 942:40monitoring [7] -

959:37, 959:38, 993:8, 994:31, 994:33, 994:39, 1036:8

month [2] - 997:43, 1030:16

months [2] - 976:12, 1030:16

Moore [4] - 1018:10, 1018:39, 1018:41, 1019:9

morning [5] - 943:1, 1007:5, 1021:40, 1021:44, 1023:7

most [4] - 967:24, 985:28, 1006:32, 1022:24

mounds [3] - 1009:14, 1009:20, 1009:24

MOUNTAINS [1] - 942:27

Mountains [23] - 942:35, 943:9, 943:28, 943:45, 944:46, 946:39, 953:21, 954:3, 954:25, 954:32, 962:7, 965:26, 967:46, 989:1, 989:3, 990:28, 994:10, 1022:10, 1022:13, 1028:44, 1042:14, 1042:40, 1042:45

mouth [1] - 1011:33move [4] - 967:34,

1008:46, 1011:28, 1048:17

moved [1] - 1029:1moving [2] - 960:33,

961:24MP [1] - 943:7MR [307] - 954:14,

955:6, 955:10, 955:14, 955:22, 955:29, 955:38, 955:46, 956:9, 956:13, 956:27, 956:31, 956:38, 956:46, 957:5, 957:9, 957:27, 958:18, 958:24, 958:47, 959:36, 959:43, 960:5, 960:10, 960:33, 961:28, 961:35, 961:42, 962:1,

962:7, 962:12, 962:19, 962:27, 962:36, 963:7, 963:21, 963:28, 963:32, 963:41, 964:5, 964:19, 964:24, 964:28, 965:5, 965:12, 965:39, 965:43, 966:24, 966:28, 966:34, 966:40, 967:1, 967:33, 967:44, 968:12, 968:19, 968:30, 968:43, 969:4, 969:22, 969:31, 969:37, 970:5, 970:30, 970:37, 970:44, 971:5, 971:21, 971:25, 971:34, 971:46, 972:10, 972:16, 972:37, 972:42, 973:8, 973:25, 973:29, 973:39, 973:47, 974:7, 974:27, 974:33, 975:3, 975:9, 975:17, 975:24, 975:31, 975:39, 976:19, 976:25, 976:33, 976:38, 976:43, 977:20, 977:29, 977:35, 978:6, 978:10, 978:25, 978:33, 978:40, 978:46, 979:5, 979:9, 979:31, 979:36, 980:32, 980:37, 980:43, 981:2, 981:38, 982:15, 982:22, 982:36, 983:40, 984:14, 984:21, 984:26, 984:42, 985:23, 985:28, 985:33, 985:40, 985:44, 986:3, 986:20, 986:26, 986:34, 987:4, 987:10, 987:14, 987:37, 988:8, 988:26, 988:47, 989:24, 989:43, 990:5, 990:26, 990:33, 990:39, 991:1, 991:18, 991:23, 991:47, 992:5, 992:10, 992:19, 992:28, 992:32,

992:37, 992:41, 993:10, 993:15, 994:16, 994:23, 994:29, 994:38, 995:11, 995:16, 995:23, 996:6, 996:15, 996:29, 996:46, 997:7, 997:12, 997:20, 997:35, 998:3, 998:8, 998:17, 998:25, 998:34, 998:43, 999:4, 999:13, 999:29, 999:35, 999:44, 1000:6, 1000:13, 1000:19, 1000:23, 1000:25, 1002:5, 1004:39, 1005:20, 1005:24, 1005:44, 1008:14, 1008:18, 1008:20, 1008:22, 1008:27, 1008:31, 1008:37, 1008:39, 1008:44, 1009:5, 1009:12, 1009:16, 1009:20, 1009:33, 1009:43, 1009:45, 1010:5, 1010:10, 1010:34, 1011:44, 1012:40, 1013:31, 1013:39, 1014:3, 1015:5, 1015:10, 1015:16, 1015:27, 1015:32, 1016:2, 1016:26, 1016:30, 1017:2, 1017:7, 1017:44, 1018:5, 1019:37, 1020:1, 1020:5, 1020:7, 1020:33, 1020:44, 1022:37, 1022:39, 1022:41, 1026:1, 1026:15, 1026:38, 1027:4, 1027:8, 1027:10, 1027:14, 1027:16, 1028:14, 1029:12, 1029:20, 1029:27, 1030:9, 1030:32, 1030:40, 1031:5, 1031:14, 1031:20, 1031:26, 1031:32, 1031:34, 1031:36, 1031:42, 1031:44, 1033:24, 1033:32, 1033:39, 1035:6, 1035:21, 1036:36, 1036:41, 1037:18, 1037:24, 1037:26, 1037:40, 1039:2, 1039:6,

1039:8, 1039:10, 1039:12, 1040:24, 1040:26, 1040:31, 1040:37, 1040:39, 1041:40, 1043:46, 1044:9, 1044:13, 1044:15, 1044:17, 1046:34, 1047:15, 1047:20, 1047:29, 1047:34, 1047:42, 1047:46, 1048:3, 1048:10, 1048:14, 1048:19, 1048:29, 1048:35, 1048:39, 1048:45, 1049:5

Mulligan [8] - 945:16, 946:25, 974:25, 974:31, 977:26, 985:36, 987:22

Multi [1] - 989:1Multi-Agency [1] -

989:1must [21] - 955:31,

957:32, 958:4, 958:25, 958:34, 959:2, 959:11, 959:19, 959:20, 959:21, 959:28, 959:32, 993:30, 1015:12, 1015:13, 1029:37, 1030:43, 1031:5, 1046:29, 1046:34, 1046:36

N

name [7] - 986:7, 999:4, 1000:25, 1020:7, 1031:44, 1031:46, 1046:20

name's [1] - 1040:39named [1] - 1024:20nation [1] - 957:12nation-wide [1] -

957:12nationwide [1] -

960:12natural [1] - 1010:32nature [3] - 951:37,

953:3, 1025:38necessarily [3] -

1009:39, 1029:36, 1043:15

necessary [2] - 951:46, 979:18

need [36] - 954:24, 956:18, 961:20, 962:19, 963:44, 966:1, 966:4, 966:9, 968:6, 968:35, 971:3, 971:35,

.09/03/2020 (10) Transcript produced by Epiq

18

975:18, 977:10, 977:45, 979:14, 982:47, 984:37, 995:45, 995:47, 996:2, 996:3, 996:8, 1000:3, 1020:41, 1029:4, 1029:5, 1029:9, 1029:24, 1029:42, 1030:2, 1030:38, 1031:2, 1031:18, 1033:35, 1046:13

needed [3] - 945:38, 1024:34, 1036:14

needs [7] - 948:40, 949:11, 963:47, 972:18, 984:35, 995:39, 1029:8

neutral [1] - 1027:6never [4] - 972:26,

1005:33, 1021:17, 1030:22

nevertheless [1] - 1026:3

New [12] - 946:32, 952:18, 952:26, 960:11, 961:18, 961:20, 963:34, 963:36, 963:42, 979:47, 980:24, 980:25

new [6] - 962:17, 977:39, 987:30, 987:47, 1003:29, 1041:34

newspaper [1] - 943:45

next [17] - 952:29, 954:15, 971:40, 971:47, 972:3, 973:14, 979:5, 983:15, 987:47, 988:20, 1007:3, 1007:5, 1010:20, 1014:18, 1022:47, 1023:7, 1046:8

Nigel [1] - 965:6night [1] - 1023:2nine [1] - 943:27no-one [2] - 997:29,

1028:29noise [1] - 956:33nominates [1] -

1005:15nomination [3] -

972:22, 972:29, 973:6

Non [2] - 979:10, 980:7

non [5] - 968:40,

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968:46, 980:5, 981:44, 999:6

Non-conformance [2] - 979:10, 980:7

non-conformance [1] - 980:5

non-endorsement [1] - 981:44

non-friable [2] - 968:40, 968:46

non-publication [1] - 999:6

none [2] - 975:24, 1029:43

nonetheless [2] - 1043:8, 1043:39

normal [1] - 1042:36normally [1] - 1027:24notation [3] - 976:19,

978:18, 981:40notations [1] - 976:19note [11] - 945:6,

951:36, 957:16, 966:10, 966:11, 966:15, 969:31, 974:37, 983:33, 988:14, 1009:3

noted [6] - 954:37, 977:46, 979:14, 981:26, 991:33, 993:44

notes [5] - 962:43, 975:41, 976:26, 976:30, 983:13

nothing [9] - 960:13, 975:36, 997:5, 1000:3, 1003:19, 1020:1, 1031:32, 1031:34, 1031:36

Nothing [1] - 955:41notice [25] - 945:24,

945:46, 946:29, 955:2, 955:16, 955:24, 955:31, 982:9, 982:38, 982:43, 982:44, 982:46, 983:7, 986:36, 986:42, 987:7, 989:30, 996:35, 1013:20, 1014:43, 1014:45, 1015:7, 1048:43

noticed [3] - 1046:27, 1046:34, 1046:36

Notices [1] - 944:43notices [25] - 955:38,

956:15, 956:17, 956:21, 956:22, 957:1, 957:13, 957:28, 957:45,

958:18, 959:9, 959:24, 959:45, 987:17, 987:33, 987:38, 989:7, 989:13, 990:41, 990:43, 991:43, 992:44, 995:29

noticing [1] - 1022:33noting [1] - 983:42November [24] -

943:45, 944:5, 944:17, 944:23, 946:19, 947:10, 954:32, 954:39, 961:18, 963:33, 964:14, 970:40, 974:46, 975:12, 987:17, 987:29, 987:37, 991:20, 1012:33, 1012:42, 1014:44, 1033:45, 1039:17, 1041:40

NOVEMBER [1] - 1040:24

November" [1] - 1012:44

NSW [4] - 942:36, 944:21, 964:42, 978:2

NSWCA [1] - 946:39number [27] - 944:34,

944:37, 944:40, 952:30, 953:8, 955:31, 956:14, 961:29, 962:21, 966:11, 970:38, 971:6, 971:40, 972:1, 976:25, 977:15, 979:13, 987:14, 987:38, 988:38, 989:33, 989:35, 994:32, 995:1, 996:24, 1008:34, 1017:13

numbered [1] - 976:25numbering [2] -

1007:44, 1008:28numbers [5] - 994:41,

1007:44, 1008:28, 1008:29, 1033:41

O

o'clock [2] - 1000:15, 1023:2

object [1] - 1020:33objection [1] - 999:16objective [2] - 968:24,

983:15objectives [1] - 973:11obligations [5] -

943:38, 945:29, 957:22, 960:47, 993:3

observations [2] - 974:42, 980:15

observed [1] - 1034:14

obtain [1] - 1002:18obtained [3] - 966:17,

972:2, 1011:26obtaining [1] -

1015:17obviously [5] -

950:15, 997:31, 1030:19, 1035:4, 1041:13

occasion [1] - 1026:27

occasionally [1] - 1001:39

occupational [1] - 944:28

Occupational [1] - 962:15

occupied [1] - 985:10occur [2] - 945:26,

1006:42occurred [7] - 968:8,

989:27, 992:43, 993:17, 995:8, 1022:23, 1044:32

occurring [3] - 984:5, 1042:26, 1044:4

occurs [1] - 1043:12October [7] - 973:17,

973:34, 974:13, 977:30, 986:34, 986:37, 1011:18

odds [1] - 949:6OF [13] - 942:23,

999:21, 1037:22, 1037:24, 1037:28, 1037:31, 1037:34, 1037:37, 1039:8, 1039:10, 1040:23

offence [3] - 958:45, 991:8, 1029:16

offences [2] - 958:44, 991:29

offered [1] - 947:26Office [4] - 944:14,

944:17, 952:23, 998:14

office [4] - 943:18, 943:22, 943:24, 963:30

officer [2] - 952:24, 976:6

offices [3] - 962:31, 962:33, 1017:15

officially [3] - 1005:33, 1017:2, 1022:29

often [1] - 1026:27OHS [2] - 962:29,

962:37old [3] - 994:4,

1003:30, 1046:41OLG [6] - 978:16,

981:19, 997:15, 997:32, 999:42, 999:44

OLG's [1] - 975:17ombudsman [4] -

980:25, 980:35, 981:16, 981:24

Ombudsman [1] - 961:18

omission [2] - 943:17, 943:21

Once [1] - 944:39once [6] - 975:9,

996:7, 1016:41, 1037:3, 1037:8, 1038:32

one [99] - 951:39, 952:1, 953:14, 955:39, 957:14, 957:21, 958:11, 958:12, 958:30, 958:45, 959:7, 959:20, 960:17, 960:19, 960:38, 960:46, 962:44, 964:6, 964:32, 966:28, 969:8, 971:7, 972:1, 972:37, 973:10, 974:1, 974:37, 974:44, 976:38, 977:38, 979:32, 981:2, 981:33, 982:1, 983:9, 983:27, 984:11, 985:11, 985:23, 986:15, 987:25, 987:39, 988:39, 990:18, 990:33, 991:3, 991:32, 991:39, 992:20, 993:28, 993:40, 994:23, 995:4, 995:39, 997:9, 997:13, 997:21, 997:29, 1001:11, 1003:22, 1003:46, 1006:34, 1007:2, 1008:1, 1008:5, 1008:18, 1009:24, 1011:14, 1014:5, 1015:23, 1015:28,

.09/03/2020 (10) Transcript produced by Epiq

19

1018:34, 1020:24, 1020:46, 1022:1, 1023:26, 1024:4, 1024:20, 1025:1, 1028:23, 1028:29, 1028:44, 1029:24, 1031:11, 1032:37, 1033:10, 1036:18, 1037:41, 1039:12, 1043:6, 1043:24, 1044:26, 1044:41, 1045:39, 1045:41, 1048:19

ones [3] - 986:18, 992:45, 1009:26

ongoing [4] - 982:22, 993:8, 1015:19, 1019:39

online [1] - 1008:28onwards [2] -

1000:42, 1024:42open [2] - 997:28,

1007:42opening [15] - 943:3,

943:4, 948:18, 953:13, 971:36, 974:12, 983:23, 988:40, 989:14, 996:11, 996:43, 997:26, 999:9, 1000:6, 1000:7

operating [2] - 965:44, 986:45

operation [1] - 990:3operations [1] -

985:26opinion [3] - 952:1,

1018:32, 1020:34opportunistic [1] -

1043:7oral [1] - 953:45order [13] - 943:12,

946:6, 946:11, 946:13, 946:16, 951:40, 952:38, 952:44, 953:26, 988:45, 990:31, 995:17, 999:7

organisation [10] - 949:22, 976:13, 976:14, 976:26, 976:31, 977:7, 977:8, 1034:35, 1045:30, 1045:32

organisation-wide [1] - 976:13

organisational [6] - 943:31, 946:2, 946:20, 948:9, 951:7, 951:14

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organisations [1] - 993:38

organise [3] - 996:1, 1001:42, 1007:6

organised [3] - 1007:5, 1021:32, 1047:7

organising [1] - 1047:7

orient [1] - 1039:14original [4] - 969:26,

986:36, 1043:4, 1045:20

originally [1] - 945:7otherwise [3] -

995:25, 1030:37, 1033:18

outcomes [2] - 977:20, 1019:32

outline [1] - 946:2outlining [1] - 944:33outside [4] - 954:5,

971:7, 1003:35, 1017:42

outstanding [1] - 1033:10

overall [4] - 967:29, 978:25, 990:14, 1044:37

Overall [1] - 1041:33overarching [1] -

967:18overhead [1] - 956:34oversee [3] - 945:40,

976:10, 977:41overseeing [2] -

1038:6, 1045:23oversight [1] - 976:28overview [2] - 990:27,

994:43own [7] - 947:31,

963:9, 964:38, 964:42, 966:1, 967:27, 1021:38

owned [2] - 972:46, 980:9

owner [5] - 1025:2, 1025:6, 1027:17, 1028:22

P

packets [1] - 985:9page [200] - 954:31,

955:10, 955:25, 959:47, 960:16, 960:20, 960:34, 960:39, 961:15, 961:21, 961:24, 961:35, 962:4,

962:20, 962:27, 962:40, 963:10, 963:15, 963:28, 963:35, 963:39, 963:41, 964:6, 964:7, 964:14, 964:41, 964:45, 965:12, 965:24, 966:2, 966:16, 966:40, 966:43, 967:4, 967:38, 967:45, 968:6, 969:7, 969:16, 969:33, 970:8, 970:23, 970:39, 970:47, 971:8, 971:9, 971:21, 971:27, 971:46, 972:22, 973:14, 973:15, 973:29, 973:34, 973:42, 974:2, 974:11, 974:37, 974:46, 975:13, 975:27, 975:31, 975:46, 976:5, 976:34, 976:39, 977:2, 977:11, 977:22, 977:43, 977:45, 978:4, 978:14, 978:20, 978:26, 979:5, 979:17, 979:21, 979:36, 980:5, 980:18, 980:19, 980:20, 980:24, 980:26, 980:44, 981:6, 981:31, 981:32, 981:46, 982:29, 982:41, 983:1, 983:6, 983:26, 983:41, 984:3, 984:22, 984:42, 985:14, 985:15, 985:23, 985:44, 986:3, 986:12, 986:26, 987:31, 987:43, 987:47, 988:4, 988:17, 988:19, 988:34, 988:42, 989:37, 990:12, 990:20, 990:44, 991:8, 991:11, 991:13, 991:28, 992:6, 992:13, 992:26, 992:32, 992:37, 992:39, 993:4, 993:26, 993:27, 993:34, 993:45, 994:1, 994:6,

994:24, 994:30, 1005:4, 1005:5, 1005:6, 1005:27, 1006:4, 1007:43, 1007:44, 1007:47, 1008:5, 1008:18, 1008:37, 1008:42, 1008:44, 1008:45, 1009:33, 1009:43, 1010:10, 1010:20, 1010:24, 1010:34, 1010:38, 1011:11, 1011:14, 1011:34, 1012:14, 1012:31, 1012:42, 1013:33, 1014:4, 1014:5, 1014:15, 1014:21, 1014:43, 1016:17, 1016:18, 1018:7, 1022:9, 1033:44, 1034:9, 1034:15, 1035:10, 1035:11, 1035:16, 1035:22, 1035:33, 1035:41, 1035:45, 1036:36, 1037:47, 1038:13, 1039:16, 1045:36, 1045:41, 1045:45, 1046:8, 1046:24

PAGES [7] - 999:22, 1037:23, 1037:29, 1037:32, 1037:35, 1037:38, 1040:23

pages [5] - 960:35, 971:40, 983:22, 991:39, 999:17

paper [1] - 943:47paragraph [24] -

955:22, 960:21, 962:5, 962:7, 962:21, 962:27, 963:2, 963:11, 963:37, 965:27, 965:43, 967:6, 969:25, 969:37, 974:18, 980:28, 980:33, 980:38, 981:8, 981:15, 994:2, 1036:1, 1036:2, 1041:4

paragraphs [1] - 976:25

park [11] - 991:4, 991:7, 995:4, 995:25, 1007:13, 1022:12, 1032:38, 1033:2, 1033:25, 1034:34, 1039:6

PARK [1] - 1037:34Park [8] - 991:6,

991:30, 993:19, 1006:35, 1007:41, 1008:14, 1009:9, 1011:1

Parke [1] - 942:36Parliament [3] -

947:47, 948:6, 948:16

Parsons [4] - 1012:15, 1012:18, 1014:22, 1048:7

part [52] - 947:25, 947:28, 949:15, 949:33, 950:1, 951:4, 952:17, 954:22, 957:11, 957:34, 959:7, 960:11, 963:32, 971:27, 974:24, 978:25, 978:26, 979:42, 983:14, 983:47, 985:20, 993:30, 1001:22, 1001:25, 1001:27, 1001:37, 1004:8, 1005:33, 1005:41, 1011:3, 1011:6, 1018:34, 1022:9, 1022:16, 1022:25, 1023:26, 1023:38, 1024:17, 1024:25, 1029:40, 1030:10, 1032:25, 1033:2, 1034:4, 1037:4, 1040:31, 1040:34, 1042:22, 1042:23, 1042:25, 1044:3, 1045:29

participation [1] - 953:5

particular [23] - 943:29, 948:10, 950:29, 954:27, 955:39, 958:12, 963:46, 966:11, 983:28, 989:32, 996:19, 999:6, 999:16, 1002:39, 1003:38, 1006:21, 1006:38, 1015:20, 1019:15, 1027:41, 1033:35, 1039:36, 1044:26

particularly [4] - 947:3, 997:40, 1022:7, 1027:40

parties [3] - 961:11, 1036:28, 1043:22

partly [3] - 946:28, 952:21, 997:29

.09/03/2020 (10) Transcript produced by Epiq

20

partner [2] - 944:24, 945:14

parts [8] - 950:19, 951:4, 964:5, 967:27, 974:44, 999:16, 1009:38, 1045:10

pass [1] - 965:28passing [6] - 945:6,

974:37, 992:23, 992:43, 1016:17, 1030:14

past [4] - 945:40, 976:11, 1007:43, 1033:39

Patrick [1] - 1018:10pausing [3] - 981:19,

1009:36, 1030:29PCT [1] - 982:3PDF [2] - 1008:28,

1008:32peak [4] - 977:22,

981:31, 981:41, 984:3

penalties [1] - 959:4people [12] - 989:19,

989:22, 989:24, 993:8, 996:37, 1002:5, 1026:9, 1036:46, 1043:1, 1045:17, 1045:20, 1046:13

people's [1] - 1016:23per [3] - 980:38,

981:12, 1042:5performance [5] -

946:6, 946:11, 948:47, 953:25, 990:30

performed [2] - 954:4, 1019:42

performing [1] - 1001:35

perhaps [6] - 972:39, 984:46, 995:44, 1017:46, 1046:19, 1048:25

period [9] - 945:39, 951:34, 956:4, 982:26, 988:26, 988:29, 994:46, 1003:16, 1024:42

periods [2] - 991:31, 991:32

permission [1] - 996:3permitted [1] - 961:12person [26] - 943:12,

943:18, 952:15, 954:7, 954:8, 957:15, 957:16,

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957:31, 958:3, 958:9, 958:24, 958:33, 958:36, 959:1, 959:10, 959:12, 959:13, 959:27, 1002:27, 1021:16, 1021:43, 1022:23, 1025:7, 1034:34, 1034:40, 1034:46

person/employee [1] - 943:23

personal [1] - 1019:25persons [10] - 949:22,

952:20, 952:28, 952:44, 952:45, 953:1, 955:33, 957:33, 957:46, 960:36

perspective [2] - 999:25, 1033:8

Peter [1] - 1032:31phone [3] - 956:44,

1023:7, 1023:10photo [2] - 1014:3,

1014:18photographic [1] -

1009:5photographs [3] -

995:11, 995:16, 996:7

photos [7] - 971:40, 1007:4, 1008:1, 1009:41, 1014:4, 1017:40, 1021:32

phrase [3] - 948:40, 949:25, 951:41

physically [2] - 1028:23, 1043:16

picked [2] - 966:2, 986:21

picking [6] - 965:1, 965:22, 968:36, 972:42, 977:37, 985:5

picks [1] - 984:26pieces [4] - 1020:29,

1034:17, 1041:3, 1041:6

pile [2] - 1016:12, 1038:23

piles [8] - 1007:16, 1009:37, 1009:38, 1009:39, 1017:42, 1038:17, 1038:34

pithy [1] - 961:23place [14] - 947:45,

948:3, 948:14, 952:47, 954:22, 960:19, 974:38,

983:29, 988:1, 1017:14, 1025:8, 1026:20, 1030:3, 1042:16

places [2] - 956:17, 971:14

placing [1] - 948:26plan [36] - 947:14,

954:28, 955:34, 955:46, 959:25, 959:28, 959:30, 965:18, 966:12, 967:18, 967:39, 967:40, 968:25, 968:27, 969:14, 970:7, 970:31, 972:26, 978:28, 978:35, 979:38, 980:1, 980:3, 980:11, 980:21, 982:25, 983:9, 983:14, 984:43, 985:37, 986:28, 986:37, 986:44, 990:17, 991:12, 1034:22

Plan [3] - 944:42, 972:31, 980:18

Plan" [1] - 967:5Planing [1] - 982:1Planning [1] - 953:16planning [2] - 949:17,

949:18plans [3] - 948:46,

986:38, 1033:13played [1] - 1045:9playing [1] - 1010:8pleading [1] - 951:39plenty [1] - 1020:39pocket [1] - 1042:4point [26] - 955:25,

955:29, 961:43, 962:1, 962:4, 962:42, 962:43, 965:16, 968:37, 972:42, 972:43, 976:30, 977:43, 982:30, 984:26, 984:28, 985:5, 992:12, 995:7, 999:40, 1021:14, 1036:37, 1038:41, 1041:28, 1043:33

pointed [1] - 970:5points [8] - 964:30,

967:21, 976:47, 977:2, 982:23, 985:46, 992:13, 1023:25

policies [20] - 964:38,

966:45, 967:28, 969:26, 973:1, 974:38, 976:2, 976:11, 976:14, 976:30, 977:40, 977:41, 981:13, 982:5, 987:14, 990:11, 990:18, 1003:18, 1042:30, 1042:34

Policy [4] - 944:41, 953:17, 968:22, 977:4

policy [73] - 963:34, 963:42, 963:43, 963:46, 964:8, 964:22, 964:32, 964:36, 964:43, 965:28, 966:9, 966:42, 967:10, 967:29, 968:3, 968:7, 968:14, 968:21, 968:23, 968:25, 969:10, 969:12, 969:40, 975:13, 975:17, 975:41, 975:42, 975:44, 976:3, 976:7, 976:9, 976:26, 976:46, 976:47, 977:6, 977:11, 977:14, 977:37, 977:39, 977:41, 978:16, 978:17, 978:29, 978:35, 979:46, 979:47, 980:2, 980:10, 980:13, 980:14, 980:39, 980:46, 981:4, 981:7, 981:9, 981:11, 981:18, 981:25, 981:27, 982:3, 986:28, 986:44, 990:13, 990:15, 990:16, 990:17, 990:19, 1002:39, 1003:3, 1003:7, 1003:12, 1042:40

policy" [1] - 968:28pool [1] - 971:13porch [1] - 1013:45portion [1] - 1048:22posed [1] - 962:12position [10] - 943:19,

943:22, 943:24, 1000:32, 1001:28, 1016:20, 1016:22, 1018:13, 1036:32,

1038:4positions [1] -

1016:23possibility [1] -

991:37possible [7] - 951:14,

996:35, 997:44, 1023:30, 1041:32, 1046:18, 1046:22

potential [2] - 1007:11, 1034:18

potentially [4] - 1020:30, 1021:7, 1021:9, 1048:5

powers [1] - 947:3PPE [2] - 1019:23practicable [9] -

955:32, 957:32, 958:5, 958:38, 958:39, 958:42, 959:2, 959:11, 960:26

practice [10] - 952:32, 952:35, 952:42, 960:17, 960:21, 967:19, 978:1, 1002:41, 1003:27, 1028:32

practices [3] - 954:38, 954:46, 956:3

practitioners [1] - 952:43

pre [6] - 995:33, 1012:4, 1012:7, 1012:37, 1012:38, 1013:47

PRE [1] - 1037:32pre-school [6] -

995:33, 1012:4, 1012:7, 1012:37, 1012:38, 1013:47

PRE-SCHOOL [1] - 1037:32

precede [1] - 1033:14precise [2] - 1029:4,

1047:5precisely [3] - 948:26,

952:5, 994:14predict [1] - 1048:15preferably [1] -

1025:43preferred [1] - 970:9preliminary [3] -

945:27, 946:15, 999:2

Premier [1] - 963:32premises [2] - 969:14,

1026:19preparation [3] -

964:47, 966:11,

.09/03/2020 (10) Transcript produced by Epiq

21

972:46prepare [6] - 965:16,

967:23, 969:10, 971:47, 983:8, 1010:47

prepared [12] - 945:19, 947:14, 959:18, 959:29, 961:32, 978:21, 978:33, 980:22, 985:45, 991:9, 991:13, 1044:24

preparing [1] - 1013:3preschool [3] -

1021:1, 1026:16, 1026:30

presence [1] - 1034:18

present [10] - 947:17, 959:27, 991:25, 1020:25, 1021:2, 1021:5, 1021:36, 1026:3, 1027:22, 1034:19

presentation [1] - 1016:46

presented [3] - 981:38, 1003:9, 1003:25

presents [1] - 948:41press [1] - 999:38pressing [1] - 999:46pretty [1] - 998:40prevent [1] - 946:32previous [4] - 972:28,

973:23, 974:34, 986:18

previously [3] - 962:45, 983:33, 991:6

prima [1] - 1024:30primarily [3] - 957:13,

961:5, 990:5primary [2] - 957:14,

957:43principle [1] - 951:8principles [9] -

943:38, 947:41, 948:34, 949:16, 950:4, 950:8, 950:22, 950:39, 951:24

printed [3] - 975:36, 984:31, 1045:44

printer [1] - 1037:43priority [5] - 963:23,

963:26, 976:30, 977:1, 977:15

privilege [3] - 945:3, 945:21, 953:39

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problem [3] - 945:36, 961:19, 980:26

Procedural [1] - 952:10

PROCEDURE [1] - 999:23

procedure [4] - 974:41, 978:21, 999:19, 1002:39

procedures [9] - 969:25, 974:43, 981:34, 981:43, 986:46, 1042:14, 1042:16, 1042:18, 1042:38

proceed [3] - 965:23, 966:35, 989:16

proceeding [2] - 951:41, 960:18

proceedings [5] - 946:31, 947:4, 947:5, 960:18, 981:38

proceeds [1] - 998:23process [13] - 947:35,

966:2, 968:30, 969:38, 969:39, 969:41, 979:32, 984:30, 985:1, 987:24, 989:33, 996:16, 1019:18

Process [1] - 967:33processes [5] - 966:1,

967:22, 967:27, 971:30, 974:43

procurement [1] - 1032:19

produce [6] - 952:21, 968:45, 968:47, 983:10, 984:16, 993:41

produced [7] - 970:47, 971:10, 973:19, 973:31, 984:43, 986:14, 990:2

product [1] - 1047:3professional [4] -

945:2, 945:21, 953:39, 1046:47

PROGRAM [1] - 999:23

program [6] - 972:12, 979:40, 985:26, 989:28, 990:27, 999:19

programme [1] - 990:22

programs [1] - 1001:4progress [1] - 1032:21Progress [1] - 970:22

prohibit [2] - 1015:3, 1015:8

prohibition [3] - 958:24, 990:41, 1015:7

project [46] - 969:43, 972:30, 973:5, 973:9, 973:11, 974:5, 974:24, 979:39, 983:14, 983:32, 983:43, 984:30, 984:36, 985:21, 985:24, 986:4, 986:9, 987:41, 987:46, 989:38, 989:45, 1000:33, 1000:43, 1001:3, 1004:4, 1004:8, 1004:27, 1005:6, 1006:8, 1010:41, 1018:35, 1023:46, 1024:8, 1024:13, 1025:2, 1032:5, 1032:42, 1034:6, 1044:17, 1044:36, 1044:37, 1044:41, 1045:2, 1045:5, 1045:25

Project [3] - 972:42, 1005:14, 1046:11

projects [17] - 1001:4, 1001:20, 1001:25, 1001:37, 1001:44, 1002:6, 1003:22, 1003:24, 1003:28, 1004:16, 1004:19, 1005:15, 1012:24, 1012:27, 1024:44, 1032:27, 1032:37

prominence [2] - 954:46, 956:3

promote [1] - 963:43prompt [2] - 956:2,

982:17prompted [2] -

954:44, 982:12promptly [1] - 973:17promulgated [3] -

981:13, 981:17, 981:25

proper [2] - 952:12, 1042:5

properly [2] - 1047:1, 1047:8

property [1] - 965:15propose [5] - 983:23,

988:8, 989:14, 996:9, 996:37

proposed [3] - 966:8, 995:3, 996:36

protection [1] - 944:21

protective [1] - 1019:25

protocols [1] - 1042:5prove [1] - 951:40provide [11] - 949:10,

959:20, 959:38, 970:10, 970:21, 983:16, 989:30, 994:45, 996:20, 1007:37, 1014:3

provided [22] - 943:39, 944:32, 945:45, 946:2, 947:47, 948:5, 948:15, 952:30, 952:31, 953:31, 956:22, 975:43, 976:1, 979:39, 983:45, 994:10, 994:33, 998:21, 998:26, 1002:24, 1003:42, 1047:36

provides [10] - 948:29, 949:9, 949:26, 952:35, 957:19, 957:37, 958:27, 959:20, 959:37, 984:4

providing [4] - 969:22, 982:45, 993:32, 1009:5

provision [5] - 943:11, 950:10, 957:38, 957:41, 965:17

provisions [13] - 943:14, 943:21, 943:40, 947:9, 948:25, 948:43, 949:7, 949:21, 952:18, 956:39, 957:22, 959:44, 1033:19

public [21] - 942:31, 943:9, 943:13, 945:8, 945:33, 949:12, 951:33, 951:38, 952:29, 952:45, 952:47, 953:4, 953:10, 954:10, 954:14, 996:31, 998:45, 999:1, 999:5, 1026:4, 1038:41

publication [1] - 999:6published [1] - 953:21purpose [10] - 960:13,

977:35, 977:36, 979:37, 982:22,

989:5, 996:8, 1007:34, 1014:29, 1041:18

purposes [5] - 953:20, 974:11, 983:23, 985:35, 988:39

pursuant [10] - 947:25, 947:34, 948:30, 949:33, 949:47, 950:18, 950:35, 951:3, 951:20, 986:41

pushed [1] - 1032:44put [16] - 954:1,

956:16, 957:33, 964:41, 973:47, 976:41, 988:10, 1011:32, 1023:18, 1023:19, 1023:21, 1026:9, 1026:40, 1027:6, 1045:21, 1045:37

putting [2] - 990:3, 1016:38

PVA [1] - 1016:39pyramid [1] - 976:36

Q

qualification [1] - 1030:10

qualifications [8] - 1002:18, 1020:11, 1020:12, 1020:39, 1021:14, 1021:15, 1021:18, 1021:22

qualified [5] - 984:38, 1020:35, 1020:38, 1022:24, 1023:42

quality [1] - 1019:5questioned [1] -

1036:11questions [12] -

1000:41, 1015:24, 1020:3, 1020:9, 1021:4, 1023:46, 1026:15, 1027:8, 1031:30, 1040:29, 1044:18, 1047:15

quick [1] - 1026:41quicker [1] - 955:20quite [13] - 968:19,

981:19, 996:24, 997:9, 997:39, 1002:19, 1022:42, 1023:10, 1025:31, 1026:27, 1026:46, 1042:27, 1048:39

quote [4] - 965:7, 966:16, 976:21, 1013:3

.09/03/2020 (10) Transcript produced by Epiq

22

quotes [1] - 964:46

R

radio [2] - 944:2, 954:39

rafter [1] - 979:22rain [2] - 1033:11,

1043:37raise [5] - 991:2,

998:41, 1029:35, 1034:29, 1034:32

raised [24] - 943:46, 946:23, 946:43, 951:22, 954:23, 979:15, 984:26, 991:43, 995:27, 995:32, 995:37, 999:29, 1006:30, 1013:23, 1015:33, 1017:9, 1017:21, 1034:33, 1035:26, 1036:41, 1037:1, 1037:2, 1040:16, 1047:12

raises [1] - 951:28raising [2] - 1036:13,

1036:25rang [3] - 1007:2,

1007:3, 1007:4range [2] - 994:40,

1033:9rather [8] - 946:7,

947:25, 949:5, 951:33, 974:18, 990:7, 994:44, 1040:4

rating [1] - 977:14ratings [1] - 977:12rationally [1] - 952:12Ray [2] - 944:2, 953:20re [5] - 989:29, 996:18,

1041:1, 1041:34, 1042:6

RE [1] - 1046:10re-conduct [1] -

996:18re-inspect [1] - 989:29re-use [3] - 1041:1,

1041:34, 1042:6reactions [1] - 983:15reactive [1] - 974:21read [16] - 963:10,

965:37, 969:12, 972:10, 972:39, 972:40, 984:6, 998:39, 1018:19, 1018:21, 1022:6, 1031:22, 1035:22, 1042:7

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readily [1] - 959:22reading [6] - 1029:5,

1029:38, 1031:14, 1031:20, 1031:23, 1042:13

real [1] - 975:21reallocate [1] - 989:43really [4] - 956:32,

996:16, 998:34, 1044:6

reason [9] - 998:47, 1006:21, 1022:20, 1025:36, 1029:35, 1029:45, 1030:15, 1033:34, 1039:36

reasonable [4] - 949:35, 949:43, 1029:13, 1048:14

reasonably [9] - 955:32, 957:32, 958:5, 958:38, 958:39, 958:42, 959:2, 959:11, 960:26

reasons [6] - 945:27, 946:12, 960:6, 960:15, 992:12, 992:13

receipt [1] - 1043:19receival [1] - 1042:11received [11] - 953:8,

953:15, 953:32, 953:42, 970:16, 970:18, 997:3, 997:12, 1010:15, 1011:22, 1016:32

receives [1] - 1043:2recipient [1] - 1046:15reckless [1] - 992:16recollection [2] -

1003:46, 1041:22recommend [1] -

1041:33recommendation [7] -

963:22, 987:27, 988:27, 989:43, 1027:30, 1034:21, 1035:37

recommendations

[23] - 944:34, 946:17, 951:46, 952:2, 952:3, 952:4, 963:16, 970:31, 971:29, 983:20, 983:44, 990:3, 990:7, 1004:6, 1005:1, 1007:32, 1007:37, 1011:4, 1011:42, 1025:23, 1028:2, 1034:16

recommended [2] - 963:12, 1007:7

recommending [2] - 977:40, 986:29

record [7] - 954:2, 961:9, 962:40, 984:6, 1004:22, 1026:32, 1049:1

recorded [3] - 983:27, 1004:5, 1004:19

recording [1] - 1024:38

records [2] - 963:2, 984:16

recovery [3] - 1022:17, 1022:25, 1024:1

Recovery [1] - 974:39recruitment [3] -

944:1, 944:12, 988:12

rectifications [1] - 993:18

rectifying [1] - 993:22recur [1] - 993:24redetermined [1] -

951:6redo [1] - 996:17reduce [2] - 965:46,

969:42reduction [1] - 988:32refer [6] - 945:4,

948:19, 957:13, 957:45, 958:18, 972:34

reference [69] - 943:27, 943:33, 943:37, 944:29, 945:10, 946:44, 947:31, 947:45, 948:4, 948:8, 948:10, 948:23, 948:29, 948:42, 949:4, 949:31, 949:40, 949:46, 950:17, 950:34, 951:2, 951:12, 951:19, 951:28, 951:37, 951:39, 953:1, 953:28, 953:41, 954:21, 956:32, 956:36, 957:18, 961:29, 961:38, 961:42, 963:21, 964:2, 964:7, 965:27, 965:31, 965:44, 966:2, 966:3, 967:1, 967:26, 968:22, 968:24, 969:25,

976:9, 980:37, 980:43, 981:7, 982:2, 984:28, 987:15, 987:23, 989:5, 990:26, 990:34, 996:10, 997:28, 997:41, 1005:6, 1006:6, 1018:23, 1029:13, 1034:13, 1042:22

referenced [1] - 954:42

references [6] - 948:13, 960:39, 969:7, 978:27, 995:1

referencing [1] - 987:21

referred [23] - 947:24, 948:25, 948:43, 949:7, 949:9, 950:11, 953:17, 953:27, 963:7, 963:8, 963:9, 965:47, 967:35, 971:41, 972:10, 972:11, 972:12, 982:4, 984:36, 997:32, 999:44, 1026:1, 1036:44

referring [5] - 977:46, 1012:45, 1038:17, 1039:33, 1039:34

refers [3] - 971:15, 979:22, 983:41

reform [1] - 961:20reforms [1] - 946:2refusal [1] - 953:38regard [6] - 960:23,

964:35, 964:37, 987:38, 1003:8, 1013:2

regarded [1] - 1020:30regarding [4] -

943:43, 944:8, 944:12, 946:19

register [60] - 947:11, 959:18, 959:19, 959:21, 959:22, 964:47, 965:5, 965:17, 965:32, 966:29, 969:13, 971:10, 978:28, 978:33, 979:41, 980:11, 980:16, 982:25, 983:19, 984:11, 984:28, 985:5, 985:6, 985:7, 985:9, 991:9, 1003:23, 1003:24, 1003:32, 1003:43,

1025:3, 1025:12, 1025:45, 1026:17, 1026:23, 1026:41, 1027:2, 1027:4, 1027:37, 1028:17, 1028:22, 1028:28, 1028:33, 1029:6, 1029:8, 1029:9, 1029:17, 1029:28, 1029:29, 1029:37, 1029:38, 1029:44, 1030:4, 1030:38, 1030:43, 1031:2, 1031:5, 1031:10, 1031:18

registers [8] - 984:16, 984:32, 985:11, 1004:40, 1025:37, 1026:31, 1027:17, 1028:15

Registers [2] - 944:43, 984:30

regret [1] - 993:17regs [3] - 958:15,

958:16, 1033:19regular [2] - 1003:27,

1019:42regulation [6] -

947:13, 958:13, 958:29, 959:13, 991:10, 1029:5

Regulations [1] - 945:31

regulations [14] - 947:9, 947:15, 947:18, 947:22, 949:13, 958:11, 959:7, 959:44, 960:22, 960:40, 960:42, 964:8, 969:8, 1033:21

regulator [1] - 961:1regulators [2] -

946:45, 996:18regulatory [2] -

945:35, 948:47Reid [6] - 945:13,

945:17, 945:18, 946:4, 953:38, 954:6

reinforce [1] - 996:16relate [9] - 943:27,

948:8, 948:44, 949:21, 953:24, 953:41, 956:32, 962:41, 995:30

related [10] - 945:16, 946:13, 947:19, 947:39, 953:18, 958:31, 978:27, 1012:6, 1015:33,

.09/03/2020 (10) Transcript produced by Epiq

23

1039:4relates [7] - 950:8,

950:11, 953:36, 953:37, 955:43, 960:25, 966:45

relates" [1] - 960:27relating [5] - 943:14,

943:21, 945:10, 949:16, 951:29

RELATING [4] - 1037:28, 1037:31, 1037:34, 1037:37

RELATION [1] - 1037:22

relation [22] - 943:29, 945:3, 945:31, 945:34, 945:43, 946:2, 947:45, 948:4, 948:13, 949:41, 950:14, 950:44, 951:16, 953:1, 954:27, 965:25, 968:14, 1015:33, 1017:9, 1020:46, 1020:47, 1027:25

relationship [1] - 946:24

release [1] - 967:8released [1] - 1043:34relevance [2] - 948:11,

951:15relevant [12] - 943:39,

948:24, 950:26, 950:30, 953:11, 954:16, 959:9, 959:24, 992:44, 992:45, 1029:38, 1045:17

relevantly [2] - 943:36, 977:37

reliance [1] - 960:19relies [1] - 987:25rely [1] - 960:25remediation [7] -

987:24, 987:28, 988:22, 988:32, 989:44, 990:6, 990:15

remember [15] - 986:6, 1002:38, 1010:8, 1012:10, 1012:11, 1013:12, 1015:21, 1016:14, 1018:38, 1020:12, 1020:42, 1022:30, 1024:17, 1036:32, 1039:32

remind [1] - 968:39reminder [1] - 1039:44

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reminders [2] - 983:2reminding [2] -

1038:22, 1039:38reminds [1] - 968:5removal [14] - 958:28,

984:35, 1001:40, 1001:42, 1002:41, 1004:4, 1004:15, 1007:12, 1010:42, 1017:14, 1018:16, 1020:19, 1028:3, 1034:23

Removal [1] - 1010:26removalist [2] -

1019:29, 1030:20removalists [1] -

1027:47remove [7] - 1001:37,

1007:13, 1021:14, 1021:23, 1027:29, 1047:3, 1047:7

removed [10] - 1011:17, 1011:21, 1011:23, 1018:47, 1021:17, 1028:40, 1028:41, 1030:16, 1042:5, 1047:1

removing [3] - 1002:37, 1011:1, 1017:22

renewal [1] - 986:42renovated [1] -

1032:47renovation [1] -

1024:44renovations [1] -

1002:1repeat [2] - 1023:23,

1043:7repeatedly [1] -

1022:16replace [1] - 957:3replacing [1] - 1013:2replies [1] - 1038:14reply [5] - 1038:29,

1045:34, 1045:35, 1046:10, 1046:25

Report [2] - 979:10, 1046:12

report [104] - 943:13, 943:27, 944:7, 944:11, 944:34, 944:37, 944:40, 944:45, 945:19, 945:20, 947:32, 947:46, 948:5, 948:15, 948:30, 949:32, 949:47, 950:18, 950:27, 950:35, 951:3,

951:13, 951:20, 955:16, 955:23, 961:19, 961:21, 961:28, 966:4, 970:21, 970:32, 970:35, 970:38, 970:40, 971:27, 971:28, 971:38, 971:41, 972:20, 973:14, 973:19, 973:26, 973:31, 973:34, 973:44, 975:1, 975:9, 977:33, 979:11, 980:6, 980:22, 980:24, 980:35, 981:23, 982:37, 983:2, 983:3, 983:10, 983:15, 983:45, 983:46, 984:1, 984:15, 986:12, 986:15, 986:26, 987:40, 989:37, 990:12, 998:17, 998:18, 1001:10, 1007:8, 1009:41, 1010:11, 1010:15, 1010:24, 1010:34, 1010:47, 1011:12, 1011:13, 1011:22, 1014:14, 1014:22, 1019:35, 1021:1, 1032:30, 1032:31, 1032:33, 1033:44, 1034:1, 1034:4, 1034:28, 1035:27, 1036:21, 1036:27, 1037:2, 1039:26, 1039:32, 1039:45, 1041:13, 1041:43, 1043:7, 1045:14

reported [10] - 982:31, 998:18, 1004:16, 1006:39, 1006:42, 1006:47, 1007:19, 1007:21, 1013:19, 1021:31

reporting [5] - 954:26, 954:33, 969:46, 1012:43, 1022:29

reports [22] - 944:33, 945:4, 945:7, 953:38, 970:15, 970:18, 971:6, 971:39, 978:34, 979:43, 985:15, 986:18, 990:2, 995:17, 998:27, 1004:47, 1007:32, 1011:25, 1016:31,

1016:32, 1020:24, 1020:47

represent [2] - 952:45, 976:30

representation [1] - 949:17

representative [1] - 1034:33

representatives [2] - 989:3, 989:8

representing [2] - 1020:8, 1040:40

reputational [1] - 945:32

requested [2] - 1003:24, 1027:25

require [3] - 943:33, 950:43, 993:43

required [9] - 945:39, 946:16, 947:32, 949:43, 956:6, 961:21, 984:11, 1024:37, 1036:9

requirement [3] - 954:27, 959:17, 1033:10

requirements [2] - 969:11, 1010:42

requires [10] - 949:27, 949:31, 949:46, 950:17, 950:34, 951:2, 951:19, 964:35, 964:37, 984:34

requiring [3] - 986:36, 987:28, 1042:36

reserve [1] - 988:32reserves [2] - 988:31,

989:44reshuffle [1] - 1048:29resigned [1] - 974:30resisting [1] - 999:46resolution [2] -

946:19, 999:41resolve [1] - 979:18resolved [4] - 944:5,

944:10, 946:5, 947:24

Resource [1] - 974:39resource [3] - 951:7,

951:15, 1036:39resources [3] -

987:22, 995:40, 999:37

resourcing [1] - 977:7respect [7] - 943:13,

947:33, 947:37, 988:11, 1019:43, 1026:18, 1047:12

respectively [1] -

947:40respirable [6] -

968:45, 968:47, 1011:36, 1020:25, 1021:4, 1034:20

respond [3] - 983:47, 1035:41, 1036:1

responded [3] - 945:47, 997:14, 1036:17

Responding [1] - 961:19

responding [11] - 955:30, 990:7, 1001:31, 1006:29, 1012:6, 1014:45, 1015:19, 1016:7, 1016:33, 1017:26, 1038:45

responds [4] - 1035:30, 1035:33, 1040:1, 1040:11

Response [1] - 944:43response [20] -

951:21, 951:31, 952:30, 961:2, 986:7, 987:45, 989:9, 990:30, 991:42, 999:31, 1006:7, 1006:11, 1018:35, 1024:3, 1025:16, 1025:19, 1040:10, 1040:47, 1042:25, 1043:24

responsibilities [8] - 945:43, 948:44, 949:21, 977:36, 1001:3, 1019:31, 1019:43, 1032:18

responsibility [3] - 950:13, 1004:22, 1044:37

responsible [3] - 952:36, 952:39, 1025:7

restored [1] - 945:39restrict [1] - 948:23resubmission [1] -

981:41result [6] - 948:1,

962:17, 971:10, 991:35, 993:18, 994:8

results [3] - 962:45, 976:8, 1034:10

Results [1] - 980:13retained [2] - 974:7,

975:3return [1] - 989:28review [10] - 962:29,

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24

962:37, 964:33, 967:13, 969:39, 972:47, 974:9, 977:40, 981:33, 982:4

reviewed [3] - 951:6, 959:20, 959:32

reviewer [1] - 998:17reviewing [1] - 948:47revised [2] - 959:20,

975:12revising [1] - 975:15Revision [1] - 968:17revisions [1] - 990:12revisit [1] - 989:28Rhett [2] - 1001:11,

1007:25Richard [4] - 942:45,

1012:44, 1012:45, 1012:46

Rick [2] - 1032:34, 1045:25

rightly [1] - 968:5rights [1] - 951:47ring [1] - 1027:18risk [20] - 957:33,

960:24, 962:40, 962:41, 963:11, 967:15, 969:42, 976:8, 976:14, 976:20, 976:31, 977:12, 977:14, 983:17, 983:18, 987:2, 988:32, 1021:5

Risk [1] - 972:31risks [6] - 945:33,

958:8, 959:8, 960:45, 961:16, 962:21

RMS [3] - 1033:10, 1034:6, 1043:36

road [1] - 1026:21Robert [1] - 1024:12Robertson [2] -

945:14, 947:36role [30] - 943:26,

947:42, 948:35, 949:28, 949:41, 950:5, 950:23, 950:40, 951:9, 951:24, 976:10, 1000:38, 1000:42, 1001:13, 1001:17, 1001:22, 1004:35, 1010:8, 1012:21, 1012:27, 1019:18, 1019:38, 1032:4, 1032:7, 1032:14, 1032:26, 1040:2,

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1040:3, 1045:9, 1046:17

roles [4] - 943:38, 949:21, 949:23, 1024:2

rolled [1] - 985:18rolling [1] - 984:31rollout [1] - 985:10roof [4] - 1013:5,

1013:27, 1013:43, 1014:10

Ross [1] - 952:25roughly [1] - 978:43round [4] - 954:14,

954:19, 972:3, 1040:18

roundabout [1] - 1046:38

Royal [2] - 952:6, 952:18

rubbish [1] - 1017:42Rules [2] - 952:10running [3] - 1001:4,

1025:8, 1039:40Ryan [10] - 996:41,

996:43, 999:26, 999:32, 1000:3, 1020:3, 1020:7, 1020:42, 1040:29, 1040:39

RYAN [31] - 996:46, 997:7, 997:12, 997:20, 997:35, 998:3, 998:8, 998:17, 998:25, 998:34, 998:43, 1008:20, 1008:27, 1008:39, 1020:5, 1020:7, 1020:44, 1022:37, 1027:10, 1027:14, 1027:16, 1028:14, 1029:27, 1030:9, 1031:32, 1040:31, 1040:37, 1040:39, 1041:40, 1043:46, 1044:9

S

safe [6] - 957:39, 986:45, 1021:5, 1041:1, 1042:37

safeguard [1] - 1021:20

safely [2] - 947:20, 965:45

safety [27] - 944:27, 944:28, 945:33, 955:32, 956:29, 957:33, 958:9,

958:13, 964:7, 974:4, 974:8, 974:9, 974:15, 974:19, 974:21, 974:24, 974:30, 977:22, 978:20, 981:32, 981:41, 984:4, 993:1, 993:15, 999:18, 1009:46

Safety [3] - 945:30, 945:31, 962:16

SAFETY [1] - 999:23safework [1] - 960:2SafeWork [62] -

944:21, 944:43, 945:35, 946:21, 946:45, 947:8, 947:10, 947:27, 950:44, 954:26, 954:43, 955:1, 955:23, 955:41, 956:10, 956:14, 956:16, 956:31, 959:45, 960:8, 960:11, 978:2, 982:9, 982:13, 982:27, 982:33, 982:43, 983:7, 984:44, 984:45, 984:47, 985:2, 986:36, 986:41, 987:6, 987:15, 987:18, 987:38, 989:3, 989:20, 989:25, 989:27, 991:36, 991:38, 991:40, 992:5, 992:6, 992:11, 992:42, 992:45, 995:2, 995:24, 995:29, 995:34, 996:22, 1006:25, 1006:30, 1006:34, 1014:44, 1014:45, 1021:47

SafeWork's [4] - 982:37, 982:46, 992:14, 1006:43

SALLY [1] - 1037:26Sally [6] - 1034:47,

1036:31, 1036:45, 1043:19, 1046:9, 1046:20

sample [10] - 947:16, 991:24, 1013:5, 1013:15, 1013:39, 1014:9, 1014:23, 1014:25, 1014:39, 1015:17

sat [2] - 988:35,

1003:39satisfaction [1] -

952:13satisfied [1] - 1043:20saw [3] - 959:25,

1011:13, 1023:18SC [1] - 942:45Scarlet [1] - 945:13scenario [1] - 1030:44schedule [3] - 996:36,

997:46, 998:44scheduled [3] -

954:15, 966:12, 1022:47

scheduling [2] - 996:24, 996:30

SCHOOL [1] - 1037:32school [6] - 995:33,

1012:4, 1012:7, 1012:37, 1012:38, 1013:47

science [1] - 1036:34scientifically [1] -

1023:35scope [2] - 965:12,

1013:2scraped [1] - 994:4screened [1] -

1038:31SD [1] - 1019:31second [22] - 953:35,

963:17, 963:21, 963:37, 965:43, 969:37, 971:16, 973:16, 975:46, 985:24, 987:43, 997:14, 1005:14, 1005:22, 1020:13, 1034:40, 1035:10, 1035:16, 1036:36, 1037:15, 1039:16, 1045:45

Secretary [1] - 953:16Section [1] - 964:37SECTION [1] - 942:23section [31] - 943:10,

946:11, 949:9, 949:37, 949:44, 950:1, 950:8, 950:23, 950:24, 950:39, 950:40, 951:8, 951:24, 952:7, 952:17, 956:21, 957:14, 957:17, 957:19, 957:31, 957:43, 957:45, 962:20, 966:42, 981:20, 992:21, 992:22, 992:23, 992:32

sections [17] - 947:34, 947:41, 947:42, 948:31, 948:35, 948:36, 948:43, 949:15, 950:4, 950:5, 950:36, 951:9, 951:21, 951:25, 957:13, 972:25, 992:20

secure [1] - 1047:35securing [1] - 956:34see [77] - 946:38,

955:36, 955:47, 963:35, 965:27, 967:44, 968:10, 969:8, 969:24, 970:42, 971:16, 971:23, 971:39, 972:30, 973:15, 973:32, 975:7, 975:32, 976:8, 976:15, 976:20, 977:35, 978:17, 982:30, 983:27, 984:45, 986:20, 986:41, 988:18, 988:24, 988:27, 989:2, 990:14, 990:21, 991:7, 991:45, 992:10, 996:7, 999:40, 1003:12, 1005:5, 1005:7, 1005:44, 1006:1, 1006:5, 1006:8, 1007:43, 1007:44, 1010:44, 1011:6, 1011:12, 1012:15, 1012:23, 1012:24, 1012:32, 1013:9, 1013:16, 1014:34, 1014:43, 1017:30, 1018:34, 1026:18, 1033:40, 1033:41, 1034:25, 1035:11, 1036:22, 1038:18, 1038:26, 1038:27, 1039:29, 1039:30, 1045:34, 1045:38, 1046:5, 1048:4, 1049:2

seeking [1] - 946:32seeks [1] - 978:15seem [2] - 1017:42,

1033:36sees [4] - 960:38,

974:1, 990:33, 991:39

selected [1] - 970:9self [1] - 950:43Self [1] - 994:39

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25

self-explanatory [1] - 950:43

SELS [1] - 1041:13send [1] - 1004:10senior [9] - 943:34,

949:5, 949:22, 949:23, 951:5, 955:22, 974:15, 985:28, 986:42

sense [4] - 948:39, 1023:4, 1025:15, 1048:26

sent [9] - 984:44, 989:31, 1014:13, 1024:12, 1041:40, 1045:20, 1046:13, 1046:16, 1046:21

sentence [8] - 963:2, 963:10, 965:43, 969:11, 980:14, 1041:33, 1041:46, 1043:26

separate [3] - 997:4, 1028:10, 1043:42

separated [1] - 1042:9separately [2] -

1041:8, 1041:15September [18] -

948:14, 971:46, 972:3, 972:19, 977:27, 977:30, 978:11, 986:13, 1006:40, 1010:25, 1011:18, 1016:47, 1035:42, 1038:4, 1038:22, 1038:32, 1041:12, 1046:25

SEPTEMBER [2] - 1039:9, 1039:10

sequence [5] - 991:10, 991:13, 991:23, 991:26, 1039:15

sequences [1] - 991:27

series [23] - 965:24, 966:7, 970:38, 971:40, 976:25, 976:46, 977:1, 977:5, 979:17, 981:46, 982:8, 982:23, 983:20, 987:37, 991:28, 992:44, 993:27, 993:29, 1014:4, 1016:30, 1017:45, 1044:18, 1048:20

serve [1] - 996:8served [2] - 1047:32,

1047:34

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service [8] - 979:39, 982:44, 987:25, 1001:6, 1002:27, 1002:31, 1003:35, 1019:32

Services [2] - 989:4, 989:31

services [6] - 949:10, 954:4, 970:30, 979:16, 1039:25, 1041:42

SESL [7] - 1033:44, 1034:21, 1035:27, 1037:2, 1039:34, 1043:8, 1045:13

set [11] - 945:26, 946:38, 964:9, 965:12, 981:44, 1001:27, 1009:46, 1024:3, 1024:8, 1033:15, 1045:36

sets [9] - 957:14, 959:7, 959:38, 963:45, 979:11, 984:7, 988:10, 988:34, 991:42

seven [5] - 967:33, 967:35, 969:22, 969:46, 970:7

seven-step [1] - 970:7several [5] - 952:28,

953:1, 965:44, 1024:20, 1041:17

sewer [1] - 1043:30shaker [1] - 1022:12shape [1] - 1009:12sheeting [4] -

1020:28, 1020:29, 1021:7, 1046:45

Shellshear [2] - 974:27, 974:30

shelter [2] - 1013:35, 1013:43

shift [1] - 1022:12shifted [1] - 1037:9short [3] - 967:19,

987:26, 1043:25SHORT [1] - 979:3shortly [13] - 946:45,

946:47, 952:22, 952:46, 954:29, 966:36, 970:11, 971:39, 973:32, 982:42, 985:12, 1011:21, 1011:45

show [13] - 944:2, 953:20, 954:39, 985:11, 1005:4, 1007:41, 1025:3, 1025:20, 1025:28,

1035:2, 1037:13, 1037:40, 1039:12

showed [1] - 967:13showing [1] - 1046:38shown [3] - 995:7,

1017:37, 1022:3side [3] - 960:39,

997:5, 1044:44sift [1] - 1022:11signature [1] - 988:20signed [2] - 992:6,

1043:40significance [4] -

957:18, 960:17, 972:23, 975:22

significant [7] - 945:32, 961:20, 963:11, 976:31, 995:41, 997:39, 1044:32

significantly [1] - 959:21

signs [2] - 971:34, 1023:19

similar [8] - 946:14, 952:33, 958:1, 982:7, 991:30, 991:31, 991:32, 1040:3

single [2] - 946:35, 984:28

SINGLETON [20] - 999:29, 999:35, 999:44, 1000:6, 1020:33, 1022:39, 1022:41, 1026:1, 1026:15, 1026:38, 1027:4, 1027:8, 1029:12, 1029:20, 1031:34, 1044:13, 1044:15, 1044:17, 1046:34, 1047:15

Singleton [5] - 968:5, 996:41, 999:26, 1027:16, 1044:11

Singleton's [1] - 997:30

sit [2] - 1001:6, 1032:26

Site [3] - 944:39, 973:18

site [81] - 954:34, 962:30, 962:33, 962:38, 970:44, 984:11, 989:33, 991:5, 991:12, 991:29, 991:33, 993:20, 995:26, 1006:35, 1006:38, 1006:43, 1007:6,

1007:8, 1007:11, 1007:19, 1007:36, 1007:37, 1007:39, 1008:2, 1008:46, 1009:8, 1009:21, 1009:24, 1009:38, 1011:1, 1011:26, 1011:27, 1011:28, 1011:47, 1012:7, 1012:38, 1012:44, 1013:5, 1013:28, 1014:33, 1015:8, 1015:20, 1016:34, 1016:35, 1016:37, 1017:34, 1018:32, 1021:36, 1021:37, 1022:42, 1025:24, 1026:22, 1026:31, 1026:42, 1028:7, 1028:17, 1028:26, 1028:28, 1032:20, 1033:12, 1034:14, 1034:17, 1034:21, 1037:4, 1037:5, 1038:24, 1038:30, 1038:34, 1039:39, 1040:12, 1041:18, 1041:34, 1041:44, 1041:46, 1041:47, 1043:12, 1043:40, 1043:47, 1044:20

sites [15] - 962:25, 984:17, 989:13, 989:29, 989:33, 990:6, 991:3, 993:22, 995:2, 995:8, 995:36, 995:44, 996:17, 1006:34, 1044:36

sitting [2] - 995:9, 1006:1

sittings [1] - 997:42six [1] - 994:46six-year [1] - 994:46slight [1] - 996:33slightly [1] - 998:37SLR [1] - 1019:29small [5] - 987:27,

1040:13, 1041:45, 1042:3, 1042:4

smaller [1] - 997:20Soil [1] - 1046:12soil [9] - 991:7, 994:4,

1010:43, 1011:17, 1022:11, 1039:23, 1041:3, 1043:16, 1044:3

solicitor [1] - 944:19solicitors [4] - 944:6,

944:23, 945:13,

947:37solid [2] - 968:47,

1041:8someone [9] - 959:14,

969:4, 1003:35, 1013:23, 1018:31, 1028:6, 1029:9, 1029:36, 1048:26

sometimes [8] - 972:11, 972:12, 991:20, 1001:41, 1025:16, 1025:17, 1026:4, 1026:5

somewhere [4] - 977:33, 1004:5, 1026:21, 1026:31

SOPs [1] - 986:45sorry [16] - 963:41,

966:21, 986:17, 992:10, 997:2, 998:12, 1002:47, 1005:28, 1009:36, 1010:7, 1015:3, 1015:5, 1024:43, 1025:2, 1040:1, 1044:47

sort [7] - 966:35, 1001:35, 1002:2, 1003:8, 1028:28, 1032:22, 1033:13

sorts [3] - 989:6, 991:30, 1033:16

sought [8] - 952:47, 964:47, 966:16, 971:47, 972:2, 972:19, 973:18, 973:30

sound [2] - 950:9, 1024:38

South [14] - 946:32, 952:18, 952:26, 960:11, 961:18, 961:20, 963:34, 963:36, 963:42, 979:13, 979:47, 980:24, 980:25, 982:30

special [3] - 1005:15, 1012:24, 1012:27

specialist [2] - 944:27, 945:17

specific [4] - 1041:23, 1042:18, 1042:24, 1047:6

specifically [5] - 948:19, 951:30, 953:2, 1022:33, 1042:41

Specification [1] - 1010:25

.09/03/2020 (10) Transcript produced by Epiq

26

specifications [1] - 1010:41

speed [1] - 962:20spent [1] - 993:22split [1] - 1039:41splitting [1] - 1033:4spoken [3] - 995:26,

996:47, 997:41spot [1] - 1039:27spray [1] - 1016:39sprayed [2] - 1013:6,

1014:24spraying [2] -

1014:25, 1014:29Springwood [8] -

954:44, 955:43, 962:31, 962:34, 995:27, 1007:12, 1017:9, 1017:45

SPRINGWOOD [1] - 1037:28

SRL [1] - 1019:32staff [29] - 943:34,

944:1, 944:12, 944:17, 949:5, 949:6, 949:28, 950:15, 951:5, 954:3, 982:37, 984:22, 985:8, 985:14, 985:16, 985:28, 989:4, 989:8, 991:26, 994:23, 994:29, 994:31, 994:34, 994:40, 996:19, 996:20, 1024:12, 1048:8

stage [11] - 966:12, 972:1, 972:14, 972:16, 972:18, 973:30, 974:33, 975:17, 975:25, 978:35, 1039:37

stages [3] - 971:6, 979:32, 996:32

stalled [1] - 1011:29stamped [1] - 1008:29stand [2] - 987:27,

1019:23standard [2] - 956:22,

1013:17standards [1] - 952:12star [1] - 949:23start [13] - 961:29,

970:16, 977:26, 981:46, 990:20, 990:46, 991:1, 1006:40, 1008:32, 1012:31, 1020:10, 1035:12, 1043:47

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started [6] - 1006:25, 1023:4, 1025:23, 1039:39, 1039:41

starting [3] - 961:43, 1000:41, 1043:39

starts [9] - 958:19, 964:45, 977:11, 992:6, 992:19, 992:32, 1035:8, 1035:10, 1035:21

state [4] - 977:41, 1000:25, 1031:5, 1031:44

State [5] - 950:37, 950:46, 979:47, 1002:45, 1003:1

statement [11] - 943:3, 943:4, 948:18, 953:14, 992:47, 993:2, 993:16, 997:13, 997:27, 998:26, 999:9

statements [3] - 997:10, 997:12, 997:16

states [1] - 1022:10station [1] - 944:2statistics [1] - 981:28status [2] - 962:46,

976:26statute [1] - 972:40stay [1] - 1006:4stayed [1] - 1000:45steering [5] - 976:20,

977:23, 981:32, 981:41, 984:4

step [6] - 969:47, 970:7, 970:8, 970:13, 970:21, 994:44

steps [8] - 966:8, 967:33, 967:35, 969:23, 969:46, 970:26, 988:11, 1007:10

still [8] - 970:7, 971:27, 980:35, 987:41, 1000:11, 1011:11, 1026:43, 1048:45

stockpile [19] - 954:34, 991:5, 991:29, 993:20, 995:4, 995:26, 1006:35, 1008:2, 1008:45, 1009:8, 1011:17, 1011:47, 1015:39, 1021:31, 1022:34, 1030:16, 1038:18, 1038:24,

1038:34stockpiled [1] - 991:7stockpiles [2] -

1009:21, 1028:40stop [1] - 1015:8storage [1] - 1026:32storing [1] - 957:40storm [1] - 1033:11straight [2] - 1026:22,

1042:6strategic [1] - 949:18strategies [6] -

945:41, 948:46, 992:17, 993:28, 993:30, 993:35

strategy [2] - 967:29, 993:36

streamline [1] - 969:41

STREET [1] - 1037:34Street [13] - 942:36,

979:13, 982:30, 991:6, 991:30, 993:19, 1006:35, 1007:41, 1008:12, 1008:14, 1009:9, 1011:1, 1039:6

strong [2] - 949:17, 974:14

structural [1] - 943:31structure [11] - 948:9,

951:7, 951:14, 986:10, 987:30, 987:42, 987:47, 1013:36, 1014:5, 1014:10, 1044:18

structures [2] - 1017:18, 1017:40

stuff [1] - 1043:2subclause [1] -

1031:17subcontractor [1] -

1047:3subject [16] - 945:20,

949:12, 950:27, 951:12, 954:16, 967:5, 989:34, 994:39, 995:37, 999:5, 999:6, 999:15, 1018:45, 1045:35, 1046:2, 1046:26

Subject [2] - 1046:10submission [10] -

945:25, 945:45, 953:33, 953:44, 989:21, 991:42, 997:20, 998:26, 998:28, 1020:33

submissions [7] -

952:47, 953:2, 953:8, 953:9, 977:38, 997:4, 998:39

submitted [3] - 981:33, 982:3, 1047:37

subparagraph [8] - 957:38, 958:27, 958:47, 977:43, 990:35, 1030:40, 1030:45, 1031:26

subsection [4] - 957:19, 957:30, 957:37, 958:1

subsequent [1] - 967:36

subsequently [1] - 943:27

substance [1] - 973:10

substances [1] - 957:40

substantial [1] - 998:34

successful [2] - 946:37, 966:8

sufficient [2] - 952:44, 1041:6

sufficiently [1] - 1043:14

suggest [2] - 1022:42, 1046:14

suggesting [1] - 1029:23

suggestion [1] - 973:9suggests [4] - 963:45,

977:6, 1034:18, 1040:47

suitable [1] - 1041:34suitably [2] - 947:21,

984:38suite [3] - 968:31,

969:10, 978:26summary [5] - 960:35,

961:22, 961:23, 961:36, 962:4

summons [3] - 1047:32, 1047:34, 1047:38

summonsed [4] - 952:20, 952:28, 954:7, 996:25

summonses [1] - 952:31

sun [1] - 1013:43Sundays [1] - 1033:16supervising [1] -

1041:24supervision [1] -

957:42supervisor [6] -

1002:33, 1025:26, 1034:33, 1034:37, 1036:26, 1038:39

supervisor's [2] - 1002:15, 1023:24

supervisors [1] - 982:44

supplementary [2] - 948:4, 1027:10

support [1] - 994:11supporting [1] -

950:21supportive [1] -

950:29suppose [1] - 972:34supposed [2] -

1023:2, 1028:17Supreme [1] - 946:31surrounding [1] -

994:1survey [14] - 962:43,

963:4, 963:7, 963:8, 963:12, 963:25, 963:26, 966:5, 966:18, 971:2, 971:10, 972:8, 972:10, 993:34

suspect [3] - 996:6, 1026:7, 1031:2

suspected [2] - 1013:19, 1026:40

suspend [4] - 945:24, 945:47, 946:30, 946:40

suspended [1] - 945:28

suspending [2] - 946:7, 946:33

suspension [2] - 946:1, 946:15

sworn [1] - 1031:40system [6] - 957:39,

974:34, 980:9, 990:21, 993:11, 993:15

systemic [1] - 945:36systems [3] - 965:44,

965:46, 974:9systems/procedures

/documents [1] - 967:17

T

table [7] - 963:16, 977:10, 983:27, 989:9, 989:15, 996:31, 1021:1

.09/03/2020 (10) Transcript produced by Epiq

27

tabled [5] - 947:47, 948:5, 948:16, 998:10, 998:44

tallied [1] - 994:42tape [1] - 1023:18tasks [1] - 1003:4Taylor [35] - 987:26,

996:27, 1000:11, 1000:19, 1000:26, 1005:5, 1005:24, 1007:42, 1008:45, 1009:20, 1010:12, 1010:30, 1010:34, 1011:13, 1012:3, 1012:14, 1012:42, 1013:33, 1014:3, 1015:16, 1015:32, 1017:7, 1017:37, 1017:39, 1018:7, 1020:1, 1020:7, 1021:46, 1022:16, 1022:28, 1027:18, 1028:14, 1030:9, 1030:14

TAYLOR [1] - 1000:21Taylor's [2] - 1009:45,

1017:47team [59] - 976:7,

976:8, 976:9, 976:13, 977:38, 977:39, 982:4, 983:32, 983:35, 983:41, 983:43, 983:47, 984:30, 984:36, 984:37, 985:21, 985:24, 985:29, 985:45, 986:4, 986:7, 986:10, 986:27, 987:41, 987:44, 987:45, 987:46, 990:13, 1005:7, 1005:31, 1005:34, 1005:36, 1005:41, 1005:44, 1006:7, 1006:8, 1006:11, 1018:17, 1018:35, 1022:17, 1022:25, 1023:46, 1024:1, 1024:3, 1024:8, 1024:9, 1024:14, 1024:21, 1024:24, 1024:26, 1024:29, 1024:31, 1024:32, 1024:36, 1036:33, 1043:1

Team [1] - 1005:15teams [4] - 986:8,

987:27, 987:46, 1024:2

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technical [4] - 968:44, 1010:25, 1010:41, 1027:5

technicality [1] - 1044:5

technically [1] - 973:45

technology [1] - 993:33

template [1] - 978:16tend [1] - 949:21tender [4] - 999:11,

999:13, 1037:18, 1039:2

tendered [5] - 948:20, 953:9, 961:11, 983:38, 1040:35

tendering [1] - 952:39term [33] - 945:10,

947:31, 947:45, 948:4, 948:10, 948:13, 948:29, 948:39, 949:7, 949:19, 949:27, 949:31, 949:40, 949:46, 950:11, 950:12, 950:17, 950:26, 950:28, 950:34, 950:43, 951:2, 951:12, 951:19, 951:28, 953:27, 953:41, 968:46, 969:43, 987:26, 989:32, 997:27, 997:40

terms [30] - 943:27, 943:33, 944:28, 946:14, 946:43, 948:8, 948:23, 948:24, 951:29, 951:37, 951:38, 953:1, 954:20, 956:32, 956:36, 957:18, 959:14, 961:29, 961:38, 961:42, 989:5, 992:22, 993:26, 993:28, 996:10, 999:35, 1011:37, 1023:39, 1032:17, 1042:19

territory [2] - 1029:16, 1029:20

test [2] - 1010:11, 1034:10

tested [2] - 994:5, 1023:35

testified [1] - 1025:1Testing [1] - 1046:12testing [7] - 1010:16,

1011:4, 1011:14, 1014:13, 1015:18, 1017:33, 1036:9

text [1] - 964:10thanked [1] - 1022:29thanking [1] - 1022:31THE [289] - 942:23,

943:1, 955:4, 955:8, 955:12, 955:19, 955:27, 955:36, 955:43, 956:6, 956:20, 956:29, 956:36, 956:42, 957:3, 957:7, 957:11, 957:24, 958:15, 958:21, 958:44, 959:34, 959:41, 960:2, 960:8, 960:31, 960:42, 960:44, 961:26, 961:32, 961:38, 961:46, 962:4, 962:10, 962:15, 962:24, 962:33, 963:4, 963:19, 963:25, 963:30, 963:39, 964:2, 964:16, 964:21, 964:26, 965:3, 965:10, 965:36, 965:41, 966:21, 966:26, 966:32, 966:38, 966:45, 967:31, 967:42, 968:10, 968:17, 968:27, 968:39, 969:2, 969:20, 969:29, 969:35, 970:2, 970:28, 970:35, 970:42, 971:2, 971:19, 971:23, 971:32, 971:44, 972:6, 972:14, 972:34, 972:39, 973:5, 973:22, 973:37, 973:44, 974:4, 974:23, 974:29, 975:1, 975:7, 975:15, 975:21, 975:29, 975:35, 976:17, 976:23, 976:36, 976:41, 977:17, 977:26, 977:33, 978:4, 978:8, 978:23, 978:31, 978:37, 978:42, 979:1, 979:7, 979:29, 979:34, 980:30, 980:35,

980:41, 980:46, 981:36, 982:12, 982:20, 982:33, 983:37, 984:10, 984:19, 984:24, 984:40, 985:20, 985:26, 985:31, 985:35, 985:42, 986:1, 986:17, 986:24, 986:32, 987:1, 987:6, 987:12, 987:33, 988:6, 988:24, 988:44, 989:19, 989:41, 990:1, 990:24, 990:30, 990:37, 990:46, 991:15, 991:20, 991:45, 992:3, 992:8, 992:16, 992:26, 992:30, 992:35, 992:39, 993:7, 993:13, 993:47, 994:20, 994:26, 994:36, 995:7, 995:14, 995:20, 995:43, 996:13, 996:27, 996:40, 997:2, 997:9, 997:18, 997:26, 997:46, 998:6, 998:12, 998:21, 998:31, 998:37, 998:47, 999:9, 999:15, 999:25, 999:31, 999:40, 1000:2, 1000:9, 1000:15, 1002:1, 1004:26, 1005:10, 1005:18, 1005:22, 1005:39, 1008:11, 1008:16, 1008:24, 1008:34, 1008:41, 1009:2, 1009:8, 1009:14, 1009:18, 1009:30, 1009:36, 1010:2, 1010:7, 1010:29, 1011:32, 1012:37, 1013:27, 1013:35, 1013:43, 1015:3, 1015:7, 1015:12, 1015:30, 1015:45, 1016:20, 1016:28, 1016:45, 1017:5, 1017:39, 1018:3, 1019:22, 1019:27, 1019:31, 1019:35, 1019:46, 1020:3, 1020:37, 1025:36, 1025:43, 1026:9,

1026:13, 1026:30, 1026:35, 1027:1, 1027:12, 1027:46, 1028:5, 1028:10, 1029:4, 1029:15, 1029:23, 1029:35, 1030:2, 1030:7, 1030:29, 1030:34, 1030:47, 1031:8, 1031:16, 1031:22, 1031:28, 1031:38, 1033:18, 1033:30, 1033:34, 1035:4, 1035:18, 1036:31, 1036:39, 1037:15, 1037:20, 1039:4, 1040:23, 1040:29, 1040:34, 1041:31, 1043:42, 1044:11, 1046:31, 1047:18, 1047:22, 1047:24, 1047:26, 1047:31, 1047:40, 1047:44, 1048:1, 1048:7, 1048:12, 1048:17, 1048:24, 1048:32, 1048:37, 1048:42, 1049:1, 1049:7, 1049:10

themselves [2] - 948:23, 989:15

thereafter [1] - 982:38thinking [2] - 998:13,

1041:14third [10] - 965:16,

967:6, 973:30, 980:7, 980:28, 980:33, 980:37, 981:7, 1034:46, 1043:26

thirds [1] - 1041:5Thompson [12] -

965:6, 1034:47, 1035:8, 1035:30, 1036:1, 1036:26, 1040:46, 1043:19, 1045:22, 1045:28, 1046:9, 1046:20

THOMPSON [1] - 1037:26

Thompson's [1] - 1036:31

thorough [1] - 1044:7three [5] - 952:29,

986:18, 1000:36, 1031:17, 1045:23

throughout [8] - 968:2, 982:8, 984:47, 990:10, 994:44, 994:46,

.09/03/2020 (10) Transcript produced by Epiq

28

995:31, 1033:40Thursday [1] -

1046:25tick [1] - 1031:17tight [1] - 1042:17tile [2] - 1013:6,

1014:23Tim [2] - 953:15,

997:14Timeline [1] - 966:7timely [1] - 1030:25timing [2] - 977:8,

1033:5tiny [1] - 1033:35Tip [1] - 944:39tip [3] - 1015:42,

1015:45, 1042:9title [5] - 972:30,

973:5, 973:9, 1024:43, 1025:7

title's [1] - 1036:36TITLED [1] - 999:22titled [4] - 944:37,

944:41, 944:45, 999:18

TO [11] - 1037:22, 1037:24, 1037:26, 1037:28, 1037:31, 1037:34, 1037:37, 1039:8, 1039:10, 1040:24, 1049:10

today [2] - 996:27, 1032:7

together [3] - 986:9, 991:33, 1027:6

TOGETHER [1] - 1037:23

tomorrow [10] - 1014:34, 1047:26, 1047:29, 1048:1, 1048:22, 1048:27, 1048:39, 1049:3, 1049:5, 1049:8

tonight [1] - 1048:1tonnes [1] - 1038:23tons [1] - 994:4Tony [1] - 1018:39took [16] - 947:45,

948:3, 948:14, 964:11, 969:32, 983:46, 999:10, 1006:6, 1007:4, 1013:5, 1013:39, 1014:22, 1014:39, 1015:17, 1021:32, 1039:14

tool [2] - 993:41, 993:42

tools [1] - 993:38Tooma [7] - 944:24,

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944:26, 944:32, 945:12, 946:4, 953:38, 954:6

Tooma's [4] - 944:29, 946:24, 990:2, 990:7

top [6] - 967:11, 967:44, 988:18, 1037:46, 1039:23, 1044:3

topsoil [3] - 994:5, 1038:30, 1041:15

TOR4 [1] - 988:1total [4] - 981:17,

981:24, 986:13, 991:2

totally [1] - 1038:35touch [3] - 956:39,

995:3, 1007:16touched [1] - 989:12towards [7] - 964:6,

970:8, 974:14, 983:1, 987:37, 988:18, 988:32

tracked [1] - 967:36train [1] - 959:39trained [3] - 947:20,

991:26, 1042:45training [13] - 957:41,

959:15, 971:35, 981:10, 982:25, 993:33, 1002:10, 1002:14, 1002:24, 1002:28, 1002:32, 1023:26, 1023:38

tranche [1] - 987:12transcripts [1] -

954:40transition [1] - 986:4transitioning [1] -

986:9transparent [1] -

949:20transporting [1] -

994:3treat [1] - 1033:11treated [2] - 1021:7,

1021:9trespass [1] - 995:47triangular [1] -

1009:12tried [1] - 995:16trivial [1] - 1043:37Troth [3] - 1037:47,

1038:8, 1038:12try [3] - 996:35,

1047:35, 1048:46trying [5] - 987:24,

996:34, 1013:29, 1040:43, 1048:19

TUESDAY [1] -

1049:10turn [17] - 1005:27,

1007:42, 1007:47, 1010:10, 1010:20, 1010:38, 1011:11, 1012:14, 1012:32, 1013:33, 1014:4, 1033:39, 1033:44, 1034:9, 1034:15, 1035:11, 1039:15

turns [4] - 955:41, 960:13, 966:28, 1046:44

Twenty [1] - 1000:36Twenty-three [1] -

1000:36TWO [1] - 1040:23two [27] - 946:18,

947:12, 947:14, 953:15, 962:28, 962:36, 964:30, 978:10, 982:31, 986:8, 991:3, 992:20, 993:22, 996:32, 997:3, 997:12, 1010:20, 1034:16, 1036:46, 1037:5, 1041:3, 1041:5, 1041:6, 1043:6, 1044:41, 1044:46, 1046:9

two-thirds [1] - 1041:5type [2] - 989:27,

1010:31typed [1] - 1046:15types [4] - 957:42,

960:45, 971:29, 1010:32

U

ultimate [1] - 1036:43ultimately [17] -

951:47, 953:9, 968:1, 968:32, 970:47, 971:47, 972:4, 972:20, 973:12, 988:35, 989:16, 990:39, 990:42, 991:38, 992:5, 1033:24

unable [2] - 997:42, 998:4

unanimously [1] - 944:5

unaware [1] - 997:22uncertainty [1] -

1030:26UNDER [1] - 942:23under [65] - 943:10,

943:19, 943:23, 945:30, 946:6, 946:11, 946:16, 947:8, 949:44, 952:6, 956:21, 956:27, 958:45, 960:22, 963:17, 964:30, 964:34, 965:31, 966:7, 966:42, 967:6, 967:33, 968:23, 968:25, 969:24, 969:37, 969:46, 970:22, 972:42, 973:15, 973:18, 974:12, 975:33, 975:41, 975:42, 976:8, 976:46, 977:4, 977:35, 977:43, 979:38, 979:45, 980:6, 980:13, 980:16, 980:28, 983:12, 985:5, 987:23, 987:43, 988:27, 990:14, 993:3, 1006:5, 1010:41, 1029:37, 1033:21, 1034:6, 1034:9, 1042:24, 1042:26, 1042:29, 1042:35, 1042:37, 1045:37

underlying [1] - 998:22

understood [3] - 951:41, 969:2, 1015:14

undertake [1] - 965:21undertaken [6] -

944:20, 946:21, 962:45, 984:37, 991:24, 1002:38

undertaking [19] - 947:28, 957:15, 957:17, 957:21, 957:31, 958:25, 958:34, 991:38, 991:41, 992:1, 992:11, 992:14, 992:19, 992:47, 993:21, 993:31, 994:27, 1021:47, 1022:10

undertakings [3] - 947:26, 957:47, 960:37

unexpectedly [1] - 997:32

unfortunately [2] - 948:1, 981:29

Union [2] - 989:4, 989:31

union [1] - 989:8United [2] - 989:4,

989:31unknowingly [1] -

1026:5unless [1] - 1031:17unlikely [1] - 1025:38unlimited [1] - 995:40unnecessary [2] -

995:20, 996:40unrelated [2] - 994:36,

994:38unresolved [2] -

945:2, 945:20unwell [1] - 1047:31up [54] - 951:34,

956:40, 956:44, 959:30, 962:20, 965:1, 965:22, 966:2, 967:11, 967:46, 968:36, 968:41, 969:38, 972:42, 976:12, 977:37, 982:8, 982:26, 984:26, 985:5, 986:6, 986:21, 987:17, 987:46, 989:12, 994:42, 999:7, 999:10, 1004:16, 1006:22, 1007:5, 1007:19, 1007:36, 1007:42, 1011:38, 1015:23, 1016:38, 1022:41, 1023:10, 1023:19, 1023:21, 1024:3, 1024:8, 1024:31, 1027:16, 1033:4, 1043:16, 1043:29, 1043:36, 1046:8, 1046:16, 1046:20, 1048:12, 1048:17

up-to-date [1] - 959:30

Update [1] - 982:45update [7] - 969:22,

975:43, 981:46, 982:46, 984:4, 984:21, 985:4

Update" [1] - 969:17updated [3] - 975:41,

985:17, 996:37updates [1] - 976:11upside [1] - 963:19Upton [1] - 943:7urgent [2] - 1011:37,

1011:39

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29

useful [4] - 960:5, 960:15, 960:47, 961:22

V

vacant [2] - 1028:25variation [2] - 943:40,

1032:21variety [2] - 956:15,

987:16various [26] - 947:8,

956:14, 956:17, 959:9, 959:45, 960:36, 965:47, 967:21, 967:26, 969:8, 971:11, 971:41, 979:16, 985:46, 988:13, 989:7, 989:26, 989:34, 990:43, 991:43, 994:33, 994:46, 995:17, 995:28, 1009:21

vary [2] - 952:13, 1003:39

verge [2] - 1013:6, 1014:23

verification [2] - 962:30, 962:38

verse [1] - 964:10version [9] - 960:10,

960:12, 960:34, 967:47, 975:12, 976:44, 977:47, 978:11, 992:6

versions [1] - 986:43vested [1] - 988:28Victimisation [1] -

944:44view [12] - 945:27,

946:15, 974:13, 995:46, 996:3, 999:41, 1008:45, 1008:47, 1014:6, 1018:41, 1036:21, 1036:42

visible [1] - 1034:18visit [2] - 955:17,

1026:39visited [1] - 1006:34volume [2] - 1007:42,

1015:25voluntarily [1] -

952:31vote [1] - 998:18voted [1] - 998:19

W

Wales [11] - 946:32,

Page 138: Transcript - 9 March 2020...Mar 09, 2020  · that investigation and prepared a report dated 19 March 2018. That report is also the subject of an unresolved claim for legal professional

952:18, 952:26, 960:11, 961:18, 963:35, 963:36, 963:42, 979:47, 980:24, 980:25

Wales" [1] - 961:20wants [1] - 996:1warning [1] - 971:34WAS [1] - 1049:10WASTE [1] - 1037:37Waste [5] - 974:39,

1015:24, 1015:34, 1017:41, 1041:8

waste [19] - 974:41, 987:34, 988:31, 995:29, 1015:38, 1015:41, 1016:12, 1026:2, 1026:6, 1028:42, 1034:35, 1036:33, 1036:39, 1038:17, 1038:34, 1041:8, 1042:11, 1043:2, 1045:29

watch [1] - 996:32water [1] - 1033:12ways [1] - 1031:23Wednesday [5] -

1048:17, 1048:19, 1048:20, 1048:27, 1048:30

week [6] - 982:43, 996:30, 997:43, 1038:40, 1039:22, 1048:45

weekly [1] - 985:17weeks [4] - 952:29,

954:15, 997:44, 1046:9

welcome [2] - 997:35, 997:39

Wentworth [6] - 995:33, 1012:4, 1012:7, 1012:37, 1020:47, 1026:16

WENTWORTH [1] - 1037:31

West [1] - 1023:7Western [5] - 991:3,

991:11, 993:20, 1033:28, 1033:32

WESTERN [1] - 1037:23

WH&S [7] - 947:9, 947:25, 956:20, 956:39, 961:26, 964:3, 982:29

whereabouts [1] - 1005:8

whereas [1] - 981:25whilst [4] - 958:18,

964:40, 1011:35, 1013:5

White [4] - 966:24, 1012:46, 1013:24, 1048:7

whole [7] - 994:32, 1032:14, 1033:9, 1041:31, 1044:36, 1045:24, 1048:12

WHS [7] - 944:44, 957:5, 957:12, 960:22, 960:29, 963:9, 993:3

wide [4] - 955:47, 957:12, 966:1, 976:13

wider [4] - 949:12, 954:18, 1014:3, 1014:6

wildly [1] - 994:20Williams [3] -

1018:10, 1018:13, 1019:9

Williams' [1] - 1019:18Willis [10] - 961:35,

962:28, 965:1, 965:22, 966:4, 971:3, 972:11, 973:35, 973:44, 974:13

Willis's [1] - 963:9wish [2] - 954:1,

969:31wishes [1] - 953:44WITH [3] - 999:22,

1037:23, 1037:25WITHDREW [1] -

1047:24witness [7] - 996:6,

999:1, 1000:10, 1017:47, 1020:34, 1020:37, 1027:2

WITNESS [2] - 1005:22, 1047:24

witnesses [11] - 943:5, 948:2, 948:20, 950:47, 952:36, 952:38, 984:46, 996:24, 996:36, 998:44, 1048:20

wondered [1] - 1020:9wondering [3] -

998:43, 1008:27, 1046:32

word [4] - 972:8, 1028:5, 1043:5, 1043:9

words [4] - 949:4, 982:33, 997:23,

1011:32WorkCover [1] -

963:36worker [4] - 958:26,

959:22, 1022:11, 1022:13

workers [9] - 947:19, 955:33, 959:38, 959:39, 993:33, 994:3, 994:4, 994:11, 1006:32

workplace [26] - 945:18, 958:4, 958:5, 958:7, 958:8, 958:34, 958:36, 959:2, 959:3, 959:11, 959:18, 959:23, 959:26, 959:27, 959:29, 960:38, 978:2, 978:20, 993:29, 993:33, 1029:25, 1029:39, 1029:42, 1030:44, 1030:47, 1031:8

workplaces [3] - 947:12, 947:14, 958:1

works [20] - 954:44, 955:44, 965:12, 970:31, 984:37, 988:22, 992:20, 1001:4, 1001:39, 1013:2, 1019:2, 1032:20, 1036:45, 1039:39, 1039:41, 1040:4, 1041:24, 1042:23, 1044:1, 1045:31

Works" [1] - 1010:26WorkSafe [1] - 1003:1workshops" [1] -

981:10worried [1] - 1007:37write [1] - 961:42written [2] - 947:13,

959:28Wyalong [1] - 1023:7

Y

year [7] - 947:46, 948:14, 954:17, 970:3, 989:45, 994:46, 1000:6

years [5] - 962:44, 1000:36, 1020:39, 1032:28, 1041:17

yellow [1] - 1008:8yourself [3] - 1006:1,

1018:19, 1023:42

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30

Z

zones [1] - 1037:5zoomed [3] - 1008:5,

1008:46, 1009:16zoomed-in [3] -

1008:5, 1008:46, 1009:16