‘Extraordinary’ and ‘outrageous’ – Racing NSW-related questioning redacted

Key questions from a budget estimates hearing involving NSW Racing Minister David Harris have been expunged from the record after it was determined that the details provided adverse mention of racing industry figures.

Cate Faehrmann
Greens MP Cate Faehrmann’s line of questioning of the racing minister was redacted. (Photo: NSW Parliament)

A line of questioning surrounding Racing NSW put forward by Greens MP Cate Faehrmann during a budget estimates appearance by NSW Racing Minister David Harris has been redacted while the status of five key related documents which were tabled, is unknown.

The extraordinary, and possibly unprecedented deliberative motion, passed by the ruling Labor party and condemned by the opposition and cross-bench members, effectively wiped out five questions by Faehrmann and Independent MP Mark Latham, from the record.

Estimates is conducted under parliamentary privilege, giving legal protection to those involved, but a motion determined the interaction between Faehrmann and Harris as well as commentary from Latham represented adverse mention of the individuals involved.

Despite the interaction being streamed live from inside NSW parliament, and clips of it being shared on social media, The Straight cannot report the precise details of the questioning.

It can report the follow-up exchanges, where Harris said he would discuss with the Racing NSW board allegations that previous testimony by individuals before an upper house committee may have misled parliament.

The decision to redact the exchange was highly unusual and Nationals MP Wes Fang described it as extraordinary and setting a dangerous precedent.

“During today’s Portfolio Committee No. 1 Budget Estimates hearing for the portfolios of Aboriginal Affairs and Treaty, Gaming and Racing, Veterans, the Central Coast, Medical Research, the Committee resolved to redact certain evidence given in the morning session from the transcript of evidence and broadcast of proceedings,” a media release issued on Wednesday night said.

“Therefore any publication of this information may constitute an unauthorised disclosure and potential contempt of Parliament.”

Racing NSW has been contacted for a response to the situation.

Graeme Hinton is serving as acting chief executive while incumbent Peter V’landys is on four months’ leave from the regulator.

V’landys has been Racing NSW chief executive for more than two decades.

During his absence, V’landys is serving as executive chairman of the NRL, a position he has held since July amid ongoing speculation that he will quit racing to concentrate full-time on his rugby league duties.

During Wednesday’s hearing, Labor MP Stephen Lawrence condemned the questions from Faehrmann and Latham and the allegations that were raised.

“Those allegations, to describe them as highly tenuous, is to be generous. They’re actually outrageous and false,” he said.

Estimates chair Jeremy Buckingham also repeatedly warned members about adverse mention, noting the committee was not in a position to determine the veracity of the material while it had only just been provided.

It is still not clear whether the documents tabled by Faehrmann remain on the committee record. The Straight has chosen not to refer to them in detail.

Later, independent Latham escalated the issue, questioning why Harris would refer the allegations back to Racing NSW rather than support an independent inquiry into what he described as potentially serious evidence.

Latham subsequently asked Harris whether he would take notice of any referral to the Upper House Privileges Committee over alleged misleading evidence.

Harris said he had not been party to the proceedings and had not seen the evidence but would take advice rather than “jump to any particular course”.

“I’m not in a position to give a definitive answer at this time but I will take advice,” Harris told the hearing.

During the hearing, Harris repeatedly maintained that Racing NSW was statutorily independent and that the board was responsible for its own decisions, saying the review process would examine whether the existing legislative framework remained fit for purpose.

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