Cosgrove Clayton: Questions for Oral Answer — Questions to Ministers 
Text is incorporated into the Bound Volume 
Cosgrove Clayton: Questions for Oral Answer — Questions to Ministers 
[Sitting date: 12 March 2013. Volume:688;Page:8381. Text is incorporated into the Bound Volume.] 
5. 
Hon CLAYTON COSGROVE (Labour) 
 to the  
Minister for State Owned Enterprises 
: Does he stand by his statement “There was no change to Dr Elder’s pay or entitlements. Therefore there was no effect on what his contractual arrangements would be during the changes to his employment”; if so why? 
Hon TONY RYALL (Minister for State Owned Enterprises) 
: 
 Within context yes because that is the advice I have received from both Mr Palmer and Mr Ford. 
Hon Clayton Cosgrove 
: Why does he continue to claim that Dr Elder got nothing from the contract extension signed by the outgoing chair on 31 August 2012 when the so-called transitional arrangements where Dr Elder is being paid to stay at home for 2 months are nothing more than a rebranded golden handshake? 
Hon TONY RYALL 
: Because the advice that I have received from Mr Palmer and Mr Ford—which I have given to that member on at least I think four or five occasions—is that there were no changes to Dr Elder’s pay and entitlements as a result of the contract being updated at the end of August. 
Hon Clayton Cosgrove 
: On what date did he first become aware that Dr Elder was being paid to stay at home as part of the so-called “transitional arrangements” he had with Solid Energy? 
Hon TONY RYALL 
: I think it would have been at around about the time of the announcement of Dr Elder’s retirement that Mr Ford would have informed me that Dr Elder was moving on and that he would be remaining available to the company for a period of time. 
Hon Clayton Cosgrove 
: After Dr Elder’s mediation meeting on 8 February 2013 and after the exit package was signed off on 11 February 2013 did he as Minister inquire as to whether Dr Elder was to receive any additional remuneration—maybe without asking for the quantum—such as being paid to stay at home for 2 months; if not why not? 
Hon TONY RYALL 
: Well I think this is probably the third or fourth time I would have answered this question and the advice that I received from Mr Ford is that Dr Elder received all the entitlements he was entitled to under his contractual arrangements. 
Hon Clayton Cosgrove 
: After battling with the board of Solid Energy for over 18 months as has been alluded to by his Minister of Finance why did the Minister not invoke section 13 of the State-Owned Enterprises Act where via the statement of corporate intent he could have proactively directed the board? 
Hon TONY RYALL 
: What is clear is that when Ministers became aware of issues around the performance of Solid Energy and the likely risk into the future identified in the scoping study we took action. We discussed that with the board as the changes that needed to be made. There has been a new board and a new chair put in place. What I will say is while we were discussing that with the board of Solid Energy that company did confront some very difficult decisions that had to be made with regard to the head office of Spring Creek Mine and that party opposite opposed every single step— 
Hon Clayton Cosgrove 
: I raise a point of order Mr Speaker. I asked the member a very short and straight question which was why he did not after 18 months choose to invoke section 13. He did go anywhere near that. 
Mr SPEAKER 
: And the question was certainly adequately answered. I guess the last part was not helpful to the order of the House. 
Hon Clayton Cosgrove 
: Will he be willing to appear before the Commerce Committee to discuss his role as shareholding Minister of Solid Energy whether voluntarily by invitation or as part of a select committee of inquiry; if not why not? 
Hon TONY RYALL 
: I await to see whether the committee invites me to do so but— 
Hon Clayton Cosgrove 
: I raise a point of order Mr Speaker. I asked whether he would be willing under a series of circumstances by invitation voluntarily— 
Mr SPEAKER 
: And the answer— 
Hon Clayton Cosgrove 
: —and the answer is he is either willing or not willing not whether he will wait— 
Mr SPEAKER 
: No the answer says that he is prepared to consider it when he has got an invitation.