From: Lever, David

Sent: Thursday, 15 September 2005 9:25 AM

To: Stafford, Matt (Sen H. Coonan)
Subject: cots
Matt
Was there any commitment made in relation to the COTs as you thought there may be?
DL
From: Stafford, Matt (Sen H. Coonan)
Sent: Thursday, 15 September 2005 10:32 AM
To: Lever, David
Subject: RE: cots
Yes. The Minister will appoint an independent assessor. We will discuss next week.
From: Tangri , Daniel
Sent: Tuesday, 20 September
To : Vajrabukka, Nikki
Cc: Lever, Davi d; Hil liar d,
Subject : COTS
Dear
2005 2: 11 PM
As discussed, Senator Joyce asked for some commitments in relation to outstanding
compensation c l aims. The Mini ster's reply stated:
'These c l aims are against Telstra. I agree that there should be finality for all
outstanding COT" cases and related disputes. I bel i eve that the most e f fective way to
deal with these is for me to appoint an independent assessor to review the status of
a l l outstanding claims and to provide a basis for a ny sustainable claims that have not
been resolved through earlier processes to nego tiat e a poss i ble settlement
Telstra. '
We're happy for you to hold on to COT letters about this new process for the next
month or so whil e you develop a plan! As far as I know t he commitment only relates to
not Tels t ra contractors (the IIIIIs big issue), though the phrase 'and related
disputes' is one you could clarify with Legal Secti on .
Cheerio
Daniel
From: Vajrabukka, Nikki
Sent: Tuesday, 20 September 2005 2:16 PM
To: Bryant, Simon; Mads en, Andrew
Cc: Lever, David; Hilliard, rain
y b j eat : Fif.]: COTS
Hi Simon and Andrew
please see forwarded email below for reference. earlier email from Matt Stafford
h ad a l so f l agged that the Minister was going "appoint an independent assessor", and
t hat t ____________________________________________ __
Dani el Ta ngri from the MO t elephoned today and advised a few letters had arrived
f rom the CoTS , wh ich have been marked into the syste:r. as I' for reply" . We will
lia':' se wi th Le gal and the MO in drafting an appropriate response.
cheers,
- Nikki
www.badapples.com.au
Vajrabukka, Nikki
Sent : Tuesday, 20 September 2005 3:33 PM
To: Madsen, Andrew; Bryant, Simon
Cc: David; lain
Subj e ct :
Hi F ...11drelfl
I'm noe s u re aboue t b e legal basis, if any, or e he processes and issues relating to
the proposed independene assessor's views recommendat ions.
As far a s I understand, the Mini s t er ' s undertaking is in response to an item on a
'wishl i st ' of s orts from Senator Barnaby Joyce. Matt Staf f o r d was goi ng to discuss j
with us, but he is oue of t he office today - I wil l chase t his up with him once we
have seen the CoTS letters. At any rate, MO is not in a hurry to respond - we have W
some time to go through the issues and implications.
Apo logi es i f t ... i s a 1 s e ems a bit unclear, but without clarification from Matt, I'rn as
mu ch i che dark abotlt this as you.... I w.;i.J..l up wi t h Matt and try t o schedule a
meeting becween him and us to discuss.
c heers,
- Nikki
www.badapples.com.au
Fr om: Hads e n, Andrew
Sent : Wednesday, 21 September- 200 5 9;14 i'<l1
To: Vajrabukka, Ni k ki
Cc: Bryant, Simon; Lever, David
Subject: RE : COTS
Nikki
I understand t here is scant detail and I did here in passing of the
to Barnaby J.
k think it would be wor t hwhile to start moving on the consideration of the issues and
, limplications. While the Office may not see it as a p.::-iority at the moment, if I goes
way of other matters related to the sale, there is the risk that they could change
there mind. We probably don't need a lot of detail at present, but I believe a quick
scoping of the issues would be prudent, at least so we can identify any major issues
that will need to be addressed.
Can you attempt to more clarification f.::-om Matt. I understand there was a letter
from the Mi nster to Barnaby J (I had asked Ramah .to try and get a copy from Richard
Windeyer), it would be worth checking if it addressed this issue.
Once you have more information, can you schedule a meeting with me to discuss, before
we talk to Matt.
j1drew
From: Vajrabukka, Nikki
Sent: Wednesday, 21 September 2005 11:03
To: Madsen,
Cc: Bryant, Simon; Lever , David; Hilliard, Iain
Subject: RE: COTS
Hi Andrew
MO won't give us a copy of either letter, but have given me the relevant text from
each :
letter from Barnaby Joyce :
'Finally, I seek closure on any compensatory commitments given by the Minister or
Telstra regarding prior legal issues currently outstanding. We have had a number of
representations from peopl e claiming that they have been given warrancs of
compensation by people in the Department and people in the previous Telstra Executive ,
though I have no ability to judge the veracity of t hese claims, I have given these
ople my commitment that I will follow them up. '
Mi ni ster's response:
'These claims are aga i nst Telstra. I agree that ther e should be finality for all
outstanding "COT" cases and related disputes. I believe that the most e f fective way to
deal wi th these is for me to appoint a n independent assessor to review the status of
a basis for any sustainable claims t hat have not
been resolved through earl i er processes to negotlat e a poss iO el:1:i.-emen .... __ _
Telstra. '
Two mee t i ngs have been scheduled at the MO for t h i s Friday - 10:00am (Mac e / DCITA) a nd
f o l lowed by another at 10 : 30 (Athol Chalmers)). Emil y has adv i sed
t hat your and Si mon's diaries can accommodate this. Al l I was able to get from Ma t t
so f ar is t hat Tels t .::-a does n ot want to do anything t hat involves payments by Telst r a.
I t mi ght be wort h eith er you or Simon putti ng in a cal l to h i m a h ead o f Friday 's
schedu l ed meeting, so t ha t we can explore with Legal any potential i mp l cations.
www.badapples.com.au
From: Vajrabukka. Nikki
Sent: \lJednesday, 21 September 2005 7 :52 PM
To: Ross, Jodi
Cc: Madsen, Andrew; Lever, David
Subject: Request for advice - Casualties of Telstra (CoTS) issues
Importance:
)
.H Jodi
Please see forwarded train for reference. In we understand that
Senator 3arnaby Joyce asked the Minister for some commitments in relation to
outstanding compensation clairr.s against Telstra - specifically the Casualties of
Telstra (CoTs) cases.
In her response to Senator Joyce, the t-hniste::-'s Office has advised chat the Minister
s tac-ed t hat:. ci'>:e -cl...aims dre aga.i..n.s.c....:relstra . anci. t.hal;, she agreed that there should be
for all cases related 9fnister unaet=OOk
to "appoint an independe:J.t assessor to review the status of all outstanding claims and
to provide a basis for any sustainable claims have not been resolved through
ear :' :'er processes to negm: i ate a possible settlement wi': n Tel stra."
We ha:Je a meeti:lg schedul ed the Minister's Office on Friday morning to discu ss
f urther. This meeting wi:l be immediately followea ay a t he Dept.
and 'l' e:s:,ra. hllead of tnese mec:.ings. we would he :or Lega :' Group's a dvice
on tne imp!'cations (if of the carrying aU:' the that she
gave to Se:lator Joyce. This in the context that p r ovided by
appears to raise no new issues.
www.badapples.com.au