Contractual arrangements and their implications for the provision of an Australian HSR system

There has been much debate over the past few decades regarding the implementation of an Australian high-speed rail (HSR) system along the nation´s eastern seaboard. The cost of building such infrastructure has meant that Australian governments have been reluctant to pursue its development. Changing contextual circumstances, such as the likelihood of an Australian emissions trading scheme, concerns about peak oil, restrictions on airport capacity and the desirability of enhancing transport infrastructure, have added impetus to the call for an Australian HSR system. The magnitude of the investment required implies that a wide range of public-private relationships would be necessary for the network´s construction and management. This paper draws on international experiences relating to the arrangements between government funders of HSR projects and service providers contracted to provide HSR services. This review analyses the contractual issues that need to be addressed in any future infrastructure development with respect to HSR and examines the extent to which international contractual arrangements are able to provide insights into the relationship between funding the construction of these assets and their management in an Australian context.