i-law

International Construction Law Review

NATIONAL EXPRESS AND PUBLIC PRIVATE PARTNERSHIPS IN RAIL AND TRAM TRANSPORT IN VICTORIA: A ONE-WAY TICKET?

LAWRENCE MAHAFFY

Associate Director, Property and Construction, ANZ Banking Group Ltd

1. SYNOPSIS

This paper considers the privatisation of passenger rail and tram transport in Victoria in the late 1990s and the withdrawal, in December 2002, of National Express Group Australia (NEGA), the largest of the private operators, from three franchises let by the former Kennett Liberal Government in 1999, at the apex of its government business enterprise (GBE) and infrastructure privatisation activities.
The history and impetus for public private partnerships (PPP) in passenger rail and tram transport in Victoria during the period 1993–1999 is traced. The privatisation policy framework of the Kennett Government and the privatisation guidelines developed by the Office of the Auditor-General of Victoria (AGV), which formed the basis of the acclaimed “Partnerships Victoria” policy launched by the Bracks Labor Administration in June 2000 are considered. Alternative models for privatisation, the basis of bid selection and structure of the new arrangements are reviewed in detail with an emphasis on risk allocation between the state and private operators.
The continuing inability of both the public and private sectors to address satisfactorily key financial drivers of sustainable train and tram transport service delivery over the long-term, such as efficient operation of the automatic ticketing system, monitoring, and control of fare evasion, increasing patronage and containment of the rate of vandalism and the cost of its rectification, are considered.
The paper asserts that in spite of spectacularly poor risk analysis and unrealistic expectations, the failure of NEGA and the ongoing difficulties of other private operators of rail and tram services can largely be characterised as a failure of PPP policy in the Kennett era. The former Liberal Government, in the author’s opinion, failed to strike a sustainable balance between short-term economic (and even shorter term political) benefits to the state and the Government (in the form of risk transfer and diminishing annual subsidies), and the long-term need to preserve an efficient, flexible, and cost-effective rail and tram service for Victoria. Nevertheless, it should be acknowledged that in many ways, the former Administration broke new
Pt 2]
PPPs in Rail and Tram Transport in Victoria

169

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.