The next stage of the rail loop to be built, SRL North – an underground line from Box Hill to Tullamarine – will connect SRL East and the airport. The government has not said whether SRL North’s airport station is the same as the one in the dispute or if it will be close by.
The Age does not suggest there has been any impropriety from Scales or that he has not acted impartially as mediator, only that his roles have prompted questions about a potential perceived conflict of interest because the state government is one of the parties in the dispute.
The Allan government is hoping it will receive an additional $9.3 billion in federal funding for the $34.5 billion SRL East project, on top of the $2.2 billion already committed by the Albanese government.
A spokesperson for King, the federal Infrastructure and Transport Minister, said Scales was hired as an independent negotiator in line with the Commonwealth’s procurement rules.
“SRLA is not responsible for the delivery of Melbourne Airport Rail Link. Responsibility for MARL is with the Victorian Infrastructure Delivery Authority, which is a separate entity,” the spokesperson said.
Neil Scales is a former director-general of Queensland’s transport department.Credit: AAP
“In relation to Mr Scales’ other engagements, the department was notified of these arrangements and did not identify any conflict or changes required to Mr Scales’ role.”
Scales did not respond to requests for comment.
Three weeks ago, Scales wrote on LinkedIn he was “lucky enough to be appointed as a mediator” at Melbourne Airport and had also been “doing some work” on the Suburban Rail Loop, which he described as a “massive project of strategic importance”.
“I’m very excited to be a part of this project and am looking forward to seeing the progress,” he wrote.
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He deleted the post after The Age tried to contact him.
Geoffrey Watson, SC, a member of the board of directors at the Centre for Public Integrity, questioned the use of the word “mediator” to describe Scales’ role.
“A mediator has got no power to make a decision, and no authority to make a recommendation. A mediator really facilitates discussion between parties,” he said.
Watson said there was a difference between a mediator and someone who prepared a report that made findings in favour of one party or another. A Senate estimates hearing was told Scales’ report, which has been handed to the government, was required to outline options about the way forward for the project.
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“If that is right, it is absolutely essential that the person who was appointed to do that be utterly independent of the parties with no preconceptions, no allegiances, one side or the other. It’s absolutely necessary … to be seen as being unbiased,” Watson said.
Federal opposition transport spokeswoman Bridget McKenzie said the Suburban Rail Loop was the “preferred beneficiary” of the Victorian government’s spending decisions.
“Victorians actually have a right to question whether Catherine King and federal Labor were ever truly interested in resolving the Melbourne Airport Rail Link impasse,” McKenzie said.
“I just don’t know how he [Scales] can be asked to be impartial.”
McKenzie said the process was a farce because Senate estimates heard in May there had not yet been any meetings with the two parties in the same room.
A Victorian government spokesperson said Scales was appointed by the Commonwealth and that the Suburban Rail Loop Authority was not in charge of delivering Melbourne Airport Rail.
State opposition transport infrastructure spokesman David Southwick questioned whether mediation could be impartial if Scales was being paid. “Premier Jacinta Allan isn’t serious about Airport Rail, and this shows it,” Southwick said.
Melbourne Airport was approached for comment.