The Findings of the Select Committee were:

Finding 1: The committee did not receive evidence that on 26 October 2023 the Australian Turf Club had any accurate, verifiable basis to believe that 40,000 dwellings would secure a metro station at Rosehill.

Finding 2: The use of 'meet and greet' to describe the meeting of Mr Steve McMahon and the Hon Chris Minns MP, Premier, on 30 October 2023 is inaccurate, misleading and does not adequately describe the purpose of this meeting. It is inappropriate given the long-standing friendship of Mr McMahon and the Premier and the nature of the matter discussed at the meeting. Ministerial diary disclosures should properly disclose the purpose of meetings.

Finding 3: There was significant conflicting evidence regarding the proposal to develop Rosehill Racecourse, including unanswered questions surrounding the involvement of the Premier.

Finding 4: The committee finds that, given the significant conflicting evidence regarding the proposal to develop Rosehill Racecourse, including unanswered questions surrounding the involvement of the Premier and concerns regarding direct dealings and conflicts of interest, this report should be referred to the Independent Commission Against Corruption.

Finding 5: The manner in which the Premier and Government announced the proposal to develop Rosehill Racecourse for housing was in breach of the Unsolicited Proposals: Guide for Submission and Assessment by failing to maintain impartiality when it championed the proposal and for making the public announcement prior to the end of stage one of the unsolicited proposal process.

Finding 6: The announcement of the signing of a memorandum of understanding between the Australian Turf Club and the Government was poorly handled. Communication between the Australian Turf Club, its board and members, and the general public should have been better managed throughout the whole process.

Finding 7: There is conflicting evidence and uncertainty with the financial assumptions behind and the financial viability of the proposal to develop Rosehill Racecourse.

Finding 8: The Brick Pit site at Sydney Olympic Park is highly unlikely to be able to accommodate a racetrack due to environmental factors, including the endangered status of the resident green and golden bell frog population and the ongoing instability of land at the site.

Finding 9: Outside of the Brick Pit site at Sydney Olympic Park, which is unsuitable to accommodate an alternative racetrack, no other viable or feasible sites have been identified to create another racetrack in metropolitan Sydney.

Finding 10: The evidence before the committee did not demonstrate that the proposal to develop Rosehill Racecourse presented immediate monetary value for the New South Wales taxpayer or would, alone, make a significant impact in meeting New South Wales’ national housing accord targets. It may, however, provide wider economic and social benefits and make a positive contribution to resolving a chronic housing shortage in Sydney.

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The Recommendations of the Select Committee were:

Recommendation 1: That the NSW Government update the Ministerial Diary Disclosure requirements to mandate an accurate description of attendees, purpose and any conflicts of interest and extend these requirements to Shadow Ministerial spokespeople.

Recommendation 2: That the Legislative Council give consideration to establishing an inquiry into the operations of Racing NSW.

Recommendation 3: That the NSW Government conduct a thorough review of the Thoroughbred Racing Act 1996 which, among other things, considers whether the Act is fit for purpose.

Recommendation 4: That, as part of the reviews of the Thoroughbred Racing Act 1996 and the Prevention of Cruelty to Act 1979, the NSW Government have regard to the animal welfare issues raised in this report and the recommendations made in the 2021 report of the Thoroughbred Aftercare Welfare Working Group: The most important participant—A Framework for Thoroughbred Welfare.

Recommendation 5: That the Legislative Council reaffirm its support for the Parliamentary Evidence Act 1901 and the critical importance of witnesses to committee inquiries giving direct and honest evidence at all times.

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