Community groups in Queanbeyan have approached the NSW Auditor-General over concerns the contract awarded for the construction of the Ellerton Drive extension was not valid.
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Greens election candidate Katrina Willis said the contract may contravene local government legislation as it was awarded during the caretaker period.
The EDE was originally approved by mayor Tim Overall, at the time QPRC administrator, in June 2016.
The council entered into a Memorandum of Understanding with the Roads and Maritime Services on July 31 2017 which gave the RMS authority over the delivery of the project. The council entered into caretaker period prior to the September election on August 11, 2017.
The RMS finalised the tender process on August 16, 2017 and a letter of award was provided to the contractor on September 1, 2017.
Ms Willis said this timeline raises some “serious probity issues”.
An amendment to the Local Government Act 1993 prohibits councils from entering into contracts greater than $150,000 during the caretaker period.
Within the MoU is a clause that says the RMS has the authority to award the construction contract “following agreement from QPRC”.
It is this clause that has caused Ms Willis, the Greenleigh Residents’ Group and the Queanbeyan Conservation Alliance to question how the contract could be validly awarded during the caretaker period.
“Tim Overall’s claim during the election campaign that awarding the contract was out of the council’s hands appears to be incorrect,” Ms Willis said.
A spokesman for the council said the caretaker provisions did not apply to the awarding of the EDE contract.
“The resolution of council at the 30 June, 2016 meeting endorsed the Roads and Maritime Services proceeding to tender and award the contract to construct the EDE,” he said.
The RMS was entitled to award the contract at any point after June 30, 2016, he said.
An Office of Local Government spokesman supported the council’s position, reiterating the RMS was the authority that awarded the contract and were not subject to the caretaker legislation.
The groups asked the Auditor-General cancel the contract if it was found to be invalid. The Auditor-General has not yet announced findings on the matter.
