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Notice given 15 August 2006

2378  Senator O’Brien: To ask the Minister representing the Minister for Transport and Regional Services—With reference to the answer to House of Representatives question on notice no. 2116 (House of Representatives Hansard, 29 May 2006, p. 156) concerning the development of land at Badgerys Creek, in which the Minister advised ‘The Government also previously said that it would retain the land at Badgerys Creek in Commonwealth ownership and protect the site from incompatible development in surrounding areas’.

(1) What type of development is defined as ‘incompatible development’.

(2) What type of development is defined as ‘compatible development’.

(3) Given that the site is to be protected from incompatible development, what does the Government intend to do with this site.

(4) If the Government has no plans for the site at present, when will a final decision be taken on this site.

(5) Does the Minister intend to allow development on the land that is exempt from state and local government planning regimes.

2383  Senator Parry: To ask the Minister representing the Attorney-General—With reference to the 1987 trial of Ryker (Faulkner) vs The Commonwealth and Flint :

(1) Is the Minister aware of: (a) the documents contained in the Department of Defence’s response of 15 May 1996 to Freedom of Information request 61/94/95 which includes: (i) an interview conducted with Brigadier Flint in 1973 by Inspector Jack Davis, (ii) Brigadier Flint’s two page response to the Inspector provided on 9 January 1973, (iii) Brigadier Flint’s response to a notice to show cause dated 1 March 1973, (iv) Brigadier Flint’s complaint to the Defence Force Ombudsman of 26 September 1975, (v) Military Board minute no. 103/1973, (vi) the minute of Brigadier Ewing of 28 March 1973, (vii) the request by Brigadier Flint to retain his appointment to London, (viii) the determinations of the Military Board which allowed Brigadier Flint to resign within 7 days and retain his pension; and (b) a report by Lieutenant Colonel DG Osborne, Chief Instructor, School of Military Engineering, dated 30 April 1968.

(2) Did the documents in part 1(a) relate to investigations into the conduct of Brigadier Flint in dealing with the Faulkners and/or Trisal Engineering, and other instances and allegations of misconduct by Brigadier Flint in his capacity as Engineer in Chief of the Australian Army.


 (3) For each of the above documents: (a) was it discoverable for the 1987 trial; and (b) was it discovered; if not, was this a deliberate decision, a case of negligence or accident.