Chapter 1Introduction
Introduction
1.1On 7 February 2024, the Senate referred the following documents to the Environment and Communications Committee (the committee) for examination and report:
Particulars of proposed additional expenditure in respect of the year ending on 30 June 2024;
Particulars of certain proposed additional expenditure in respect of the year ending on 30 June 2024; and
Particulars of proposed expenditure in relation to the parliamentary departments in respect of the year ending on 30 June 2024.
1.2A reporting date of 19 March 2024 was set for the committee’s report to the Senate on its consideration of the 2023-24 additional estimates.
Portfolio Coverage
1.3In accordance with a resolution of the Senate on 27 July 2022, the committee is responsible for the examination of the expenditure and outcomes of the following portfolios:
Climate Change, Energy, the Environment and Water; and
Infrastructure, Transport, Regional Development, Communications and the Arts (Communications and the Arts functions only).
1.4A list of the agencies, independent statutory bodies and officeholders for which the committee has oversight is available at Appendix 1.
Hearings
1.5On 19 October 2023, the Senate resolved that the committee’s additional estimates hearings would be held from 12 to 13 February 2024, with a cross portfolio estimates hearing on Murray-Darling Basin Plan matters on 16February 2024.
1.6On 12 February 2024, the committee examined the outcomes and agencies of the Climate Change, Energy, the Environment and Water portfolio.
1.7On 13 February 2024, the committee examined the Communications and the Arts outcomes and agencies of the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio.
1.8On 16 February 2024, the committee held hearings on cross portfolio Murray-Darling Basin Plan matters.
1.9On 27 February 2024, the committee held a spillover hearing to examine the Bureau of Meteorology and the Australian Institute of Marine Science under the Climate Change, Energy, the Environment and Water portfolio.
1.10The committee heard evidence from the following ministers:
Senator the Hon Jenny McAllister, Assistant Minister for Climate Change and Energy, representing the Minister for Climate Change and Energy and the Minister for the Environment and Water; and
Senator the Hon Carol Brown, Assistant Minister for Infrastructure and Transport, representing the Minister for Communications and the Minister for the Arts.
1.11Evidence was also provided by the following departmental secretaries who were accompanied by officers of the portfolio departments and agencies:
Mr David Fredericks, Secretary, Department of Climate Change, Energy, the Environment and Water; and
Mr Jim Betts, Secretary, Department of Infrastructure, Transport, Regional Development, Communications and the Arts.
1.12The following agencies were not required to appear:
Climate Change, Energy, the Environment and Water portfolio
Australian Energy Infrastructure Commissioner
Director of National Parks
Department of Climate Change, Energy, the Environment and Water in relation to Outcome 3: Advance Australia’s environmental, scientific, strategic and economic interests in the Antarctic region by protecting, researching and administering in the region, including through international engagement
Great Barrier Reef Marine Park Authority
Sydney Harbour Federation Trust
Threatened Species Scientific Committee
Infrastructure, Transport, Regional Development, Communications, and the Arts portfolio
Australian Film, Television and Radio School
Australian National Maritime Museum
Bundanon Trust
Department of Infrastructure, Transport, Regional Development, Communication and the Arts in relation to Outcome 6: Participation in, and access to, Australia’s arts and culture through developing and supporting cultural expression
National Archives of Australia
National Film and Sound Archive of Australia
National Gallery of Australia
National Library of Australia
National Museum of Australia
National Portrait Gallery of Australia
Museum of Australian Democracy
Classification Review Board
Screen Australia
Questions on notice and Hansard transcripts
1.13In accordance with standing order 26(9)(a), the committee set 5 April 2024 as the date for the return of written answers or additional information.
1.14Written answers and information provided to the committee in response to questions on notice are tabled in the Senate and posted on the committee's website. Links to the transcripts of the public hearings and to answers, tabled documents and additional information are available from the committee’s website.
Procedural Matters
1.15On 13 May 2009, the Senate passed an order relating to Public Interest Immunity (PII) claims. The order sets out the processes to be followed if a witness declines to answer a question. The full text of this order has previously been provided to departments and agencies and was incorporated in the Chair's opening statement on each day of the additional estimates hearing.
1.16During the hearing on 13 February 2024 the Managing Director of the Australian Broadcasting Corporation (ABC), Mr David Anderson, indicated that a PII claim would be raised regarding a request for information from Senator Faruqi on the engagement of Ms Antoinette Lattouf at the ABC in December 2023 as the matter is currently before the Fair Work Commission (FWC).
1.17The ABC raised such a claim in a letter to the committee dated 16 February 2024. In making this claim, Mr Anderson outlined the basis of the claim as well as the potential harm that may result from the disclosure, as required by the Senate’s order.
1.18Regarding information requested on the engagement of Ms Lattouf, MrAnderson’s letter noted that its disclosure ‘could influence the evidence given by witnesses or deter potential witnesses from coming forward’ and that ‘risks undermining the integrity of, and confidence in, the Fair Work Commission process’.
1.19The Clerk of the Senate provided advice on the claim. The advice outlined that in relation to the ABC’s PII claim, in certain circumstances, such as an unfair dismissal case before the FWC where the commission is charged with determining a dispute between parties, this ground could be relied on to make a PII claim, noting that other matters before the FWC may not warrant the same approach.
1.20On balance, and based on the particular circumstances relating to this claim, the committee accepted the ABC’s claim that the provision of the information requested may result in prejudice to current legal proceedings.
1.21In accepting this claim, the committee noted that individual senators may raise objections to the PII claim in the Senate, should they wish to.
1.22The committee also noted its expectation that the ABC will answer questions on the ABC’s engagement of Ms Lattouf once the current legal proceedings have concluded, a position which appears to be confirmed by paragraph 3 the ABC’s claim.
1.23The ABC’s claim, the Clerk’s advice and the committee’s response to the ABC is published on the committee’s website.
Supplementary Budget Estimates 2023-24: timeliness of answers to questions on notice
1.24The committee’s 2023-24 supplementary budget estimates hearings examined outcomes and agencies of the Climate Change, Energy, the Environment and Water portfolio on 23 October 2023, the communications and the arts outcomes and agencies of the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio on 24 October 2023. An additional hearing on 8 November 2023 examined the Conservation outcome of the Climate Change, Energy, the Environment and Water portfolio, as well as the Classification Board and Classification Review Board under the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio.
1.25Answers to questions on notice were set for the following dates:
Hearing held on 23 and 24 October: 15 December 2023; and
Hearing held on 8 November 2023: 15 January 2024.
1.26The committee received answers to 205 of the 339 questions taken on notice for the 23 October 2023 hearings for the Climate Change, Energy, the Environment and Water portfolio by the due date of 15 December 2023. The remaining answers were received by 8 February 2024.
1.27The committee received answers to 67 of the 193 questions taken on notice for the 24 October 2023 hearing for the Infrastructure, Transport, Regional Development, Communications and Arts portfolio by the due date of 15December 2023. The remaining answers were received by 7 March 2024.
1.28The committee received answers to 22 of the 24 questions taken on notice for the 8 November 2023 hearing for the Climate Change, Energy, Environment and Water portfolio by the due date of 15 January 2024. The remaining answers were received by 17 January 2024.
1.29The committee received answers to three of the three questions taken on notice for the 8November2023 hearing for the Infrastructure, Transport, Regional Development, Communications and Arts portfolio by the due date of 15 January 2024.
Records of proceedings
1.30This report does not attempt to analyse the evidence presented during the hearings. However, it does provide a brief list of some of the key issues that were canvassed by the committee for each portfolio.
Note on references and additional information
1.31References to the Hansard transcript are to the proof Hansard. Page numbers may vary between the proof and official Hansard transcript.