I have learned that on 5 May, 2009 John Hatzistergos as minister representing Verity Firth, NSW Education Minister, mislead the NSW Legislative Council on questions relating the the representation of a government contractor before the NSW Industrial Relations Commission. The concerns relate to Brian Carter, a former employee of Carenne Support Limited who dismissed him six days before christmas on 19 December, 2008. It claims to be a charity which supports people with a disability in Bathurst and has sought funding from the government on that basis. It is now defending itself by using a technical defence in the Industrial Relations Commission by claiming to be a "trading corporation" as it provides bus services under contract to the Department of Education and Training, earning some $15,000 per month. In late February, Mr Carter received a letter from the NSW Department of Education and Training's Legal Services Directorate claiming that they would be representing the contractor in the Industrial Relations Commission. The letter from Patrick Quinn at the Legal Services Directorate claimed that he had sent a copy of the Notice of Appearance and Employer's response with the letter, the Notice of Appearance was not enclosed. Mr Carter told me that he contacted the Industrial Relations Commission, which faxed him a copy of the Notice of Appearance which listed the Director-General of Education and Training as appearing on behalf of Carenne Support Limited. Shocked with this, Mr Carter sought answers from the education minister herself who ignored his correspondence. He then sought advice from the opposition education minister, who delayed his reply. He then contacted Dr John Kaye MLC for the Greens who placed the questions on the Legislative Council notice paper on 31 March 2009. On 5 May 2009 a response was entered by Mr Hatzistergos on behalf of Ms Firth. Mr Hatzistergos said:
"The Department is not providing legal representation to Carenne Support Ltd before the Industrial Relations Commission of NSW. However the Legal Services Directorate of the Department from time to time provides legal support to non-profit school based organisations that assist in the delivery of education programs,"
"It is understood that Carenne Support Ltd has sought advice from a private solicitor."
It is clear that Mr Hatzsitergos on behalf of Ms Firth clearly misled the parliament. It is clear that the NSW Department of Education and Training was in fact providing legal representation to Carenne Support Limited at the government's expense. This is clearly not appropriate use for government funds. It appears that because a state school benefits from Carenne Support Limited that the government will do favours for it to avoid legal costs. Nathan Rees, Verity Firth and John Hatzisergos all refused to make comment when contacted.
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