Report critical of advice on Landgate questions

Withholding information about stamp duty paid on the $17.3 million sale of the Landgate building was not reasonable or appropriate, according to the state’s auditor general.

Stephen Dawson, representing then-Finance Minister Tony Buti in the Legislative Council, was asked by Liberal MLC Neil Thomson in parliament late last year to disclose how much stamp duty was paid on the sale, and whether the amount paid reflected the sale price or market value.

That deal had drawn criticism in some quarters after the building was subsequently leased back from Georgiou Capital to the government at a cost of $85 million.

Mr Dawson at the time referred Mr Thomson to the Taxation Administration Act and argued the state revenue commissioner’s duty of confidentiality prevented that information from being made public.

The state’s auditor general however has since criticised that response, insisting while the minister and department had acted on correct advice from the commissioner, the information had already been made public through Landgate itself.

Caroline Spencer, whose opinion on the matter was tabled in parliament today, referred to transfer documents showing stamp duty payable as approximately $975,000, and a dutiable value amount of $19 million equal to the publicly available sale price plus GST.

“We would urge entities advising ministers to consider other mechanisms by which requested information may already be available or in the public domain,” Ms Spencer said.

“Ministers rely on entities to provide robust advice to assist them in making decisions, including providing information to parliament.

“As such, entities have an obligation and responsibility to provide complete and accurate advice that properly assesses each request for information in line with the default position of disclosure.”

In response, the Department of Finance said the state revenue commissioner accepted the findings’ summary, with RevenueWA to prepare procedures for when confidential taxpayer information is already publicly accessible.

“The commissioner acknowledges the extent of any external review may be determined by the time available to prepare ministerial advice,” it said.