The FAD was agreed after all the protective structures set up to ensure fairness around the contracting process had been dismantled. These structures included a probity auditor, and the evaluation and review panels. The FAD was effectively a negotiation between the two principal parties (the RTA and the CCM). The apparatus for cross-government oversight was no longer functioning. Our particular concern is that the tender evaluation and review panels, incorporating representatives from other government agencies, had been disbanded by this time.
Once the deal was agreed, the RTA sought government approval through a submission to its Minister. Once he approved it, the RTA obtained the Treasurer's consent on the basis of a submission. We are advised that this consent was sought on a short timeframe, which may not have allowed time for in-depth analysis of the issues. In particular, the alternative of using the RTA capital expenditure budget may not have been fully canvassed with all parties concerned.