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Procedural Orders of Continuing Effect
Orders
for documents
10 Indexed lists of departmental and agency files
(1) There be laid on the table, by each
minister in the Senate, in respect of each department or agency administered by
that minister, or by a minister in the House of Representatives represented by
that minister, by not later than the tenth day of the spring and autumn
sittings, a letter of advice that an indexed list of the titles of all relevant
files, including new parts of existing files, created in the preceding six
months commencing on 1 January and on 1 July, respectively, has been
placed on the Internet.
(2) Each department and agency shall
provide, on its Internet home page, access to an indexed list of the titles of
all relevant files, including new parts of existing files, created from 1
January 1998 in the central office of that department or agency (departments
and agencies may choose to maintain online an indexed list of all new files
created from that date or to maintain online an indexed list of, as a minimum,
the most recent year’s file creations).
(3) For the purposes of this resolution:
“autumn sittings” means
the period of sittings of the Senate first commencing on a day after 1 January
in any year;
“indexed list” means a
list in which file titles may be grouped by classifications used internally
within departments or agencies, such as “policy”, “legislation”, “advisings”,
etc.
“relevant files” includes
files relating to the policy advising functions of the department or agency,
including any relating to the development of legislation and other matters of
public administration, but need not include:
(a) files transferred to the Australian
Archives;
(b) case related files (e.g., personal
representations or dealing with the personal affairs of departmental or agency
clients or taxpayers); and
(c) files essentially related to the
internal administration of the department or agency (e.g., staff or personnel
matters);
“spring sittings” means
the period of sittings of the Senate first commencing on a day after 31 July in
any year; and
“title” means the name or
title of the file, excluding any part of that name or title which would
necessarily disclose commercially confidential, identifiably personal or
national security matters.
(4) This order is of continuing effect.
(30 May 1996 J.279,
amended 3 December 1998 J.265)
11 Departmental and agency contracts
(1) There be laid on the table, by each
minister in the Senate, in respect of each agency administered by that
minister, or by a minister in the House of Representatives represented by that
minister, by not later than 2 calendar months after the last day of the
financial and calendar year, a letter of advice that a list of contracts in
accordance with paragraph (2) has been placed on the Internet, with access to
the list through the department’s or agency’s home page.
(2) The list of contracts referred to in paragraph (1) indicate:
(a) each contract entered into by the agency which has not been fully
performed or which has been entered into during the previous 12 months,
and which provides for a consideration to the value of $100 000 or more;
(b) the contractor, the amount of the consideration and the subject matter
of each such contract, the commencement date of the contract, the duration of
the contract, the relevant reporting period and the twelve-month period
relating to the contract listings;
(c) whether each such contract contains provisions requiring the parties to
maintain confidentiality of any of its provisions, or whether there are any
other requirements of confidentiality, and a statement of the reasons for the
confidentiality; and
(d) an estimate of the cost of complying with this order and a statement of
the method used to make the estimate.
(3) If a list under
paragraph (1) does not fully comply with the requirements of paragraph (2), the
letter under paragraph (1) indicate the extent of, and reasons for,
non-compliance, and when full compliance is expected to be achieved. Examples
of non-compliance may include:
(a) the list is not up to date;
(b) not all relevant agencies are included; and
(c) contracts all of which are confidential are not included.
(4) Where no
contracts have been entered into by a department or agency, the letter under
paragraph (1) is to advise accordingly.
(5) In respect of
contracts identified as containing provisions of the kind referred to in
paragraph (2)(c), the Auditor-General be requested to provide to the Senate, by
not later than 30 September each year, a report indicating that the
Auditor-General has examined a number of such contracts selected by the
Auditor-General, and indicating whether any inappropriate use of such
provisions was detected in that examination.
(6) In respect of
letters including matter under paragraph (3), the Auditor-General be requested
to indicate in a report under paragraph (5) that the Auditor-General has
examined a number of contracts, selected by the Auditor-General, which have not
been included in a list, and to indicate whether the contracts should be
listed.
(7) The Finance and Public
Administration Committee consider the ongoing operation of the order and report
on relevant developments from time to time.
(8) This order has
effect on and after 1 July 2001.
(9) In this order:
“agency” means an agency
within the meaning of the Financial Management and Accountability Act 1997;
and
“previous 12 months” means
the period of 12 months ending on either 31 December or 30 June in any
year, as the case may be.
(20 June 2001
J.4358, amended 27 September 2001 J.4994, 18 June 2003 J.1881, 26 June
2003 J.2011, 4 December 2003 J.2851, 1 March 2007 J.3527)
12 Agency advertising and public information projects
(1) There be laid on the table, by each
minister in the Senate, in respect of each agency administered by that
minister, or by a minister in the House of Representatives represented by that
minister, a statement in accordance with the succeeding provisions of this
order.
(2) A statement be tabled in respect of each advertising or public
information project undertaken by each agency where the cost of the project is
estimated or contracted to be $100 000 or more.
(3) A statement be
tabled within 5 sitting days of the Senate after the project is approved. If
the Senate is not sitting when a statement is ready for presentation, the
statement be presented to the President under standing order 166.
(4) A statement
indicate:
(a) the purpose and nature of the
project;
(b) the intended recipients of the
information to be communicated by the project;
(c) who authorised the project;
(d) the manner in which the project
is to be carried out;
(e) who is to carry out the
project;
(f) whether the project is to be
carried out under a contract;
(g) whether such contract was let
by tender;
(h) the estimated or contracted
cost of the project;
(i) whether every part of the
project conforms with the Audit and JCPAA guidelines; and
(j) if the project in any part
does not conform with those guidelines, the extent of, and reasons for, the
nonconformity.
(5) In this order,
“Audit and JCPAA guidelines” means the guidelines set out in Report No.
12 of 1998-99 of the Auditor-General, entitled Taxation Reform: community
education and information programme, and Report No. 377 of the Joint
Committee of Public Accounts and Audit, entitled Guidelines for Government
Advertising, respectively.
(29 October 2003
J.2641)
13 Departmental and agency appointments and vacancies
That—
(1) There be laid on the table, by each minister in
the Senate, in respect of each department or agency administered by that
minister, or by a minister in the House of Representatives represented by that
minister, by not later than 7 days before the commencement of the budget
estimates, supplementary budget estimates and additional estimates hearings:
(a) a list of all appointments made by the Government
(through Executive Council, Cabinet and ministers) to statutory authorities,
executive agencies, advisory boards, government business enterprises and all
other Commonwealth bodies including the term of the appointment and
remuneration for the position and the place of permanent residence by state or
territory of the appointee; and
(b) a list of existing vacancies to be filled by government
appointment to statutory authorities, executive agencies, advisory boards,
government business enterprises and all other Commonwealth bodies.
(2) If the Senate is not sitting when a
statement is ready for presentation, the statement is to be presented to the
President under standing order 166.
(3) This order is of continuing effect.
(24 June 2008 J.589, amended 12 May 2009 J.1880)
14 Departmental and agency grants
That—
(1) There be laid on
the table, by each minister in the Senate, in respect of each department or
agency administered by that minister, or by a minister in the House of
Representatives represented by that minister, by not later than 7 days
before the commencement of the budget estimates, supplementary budget estimates
and additional estimates hearings:
A list of all grants approved in each portfolio or
agency, including the value of the grant, recipient of the grant and the
program from which the grant was made.
(2) If the Senate is not sitting when a
statement is ready for presentation, the statement is to be presented to the
President under standing order 166.
(3) This order is of continuing effect.
(24 June 2008 J.590)
15 Family and Community Services – Housing Assistance
agreements
(1) That the Senate:
(a) notes that the Housing Assistance (Form of Agreement)
Determination 2003 in Schedule 1, subsections 4(33) to 4(36) requires
states to report on expenditure and progress towards their respective bilateral
agreements to the Commonwealth within 6 months after the end of each grant
year;
(b) orders that there be laid on the table, no later than
3.30 pm on 12 May 2005, all reports provided by the states and territories
to the Commonwealth under those provisions for the financial year 2003‑04;
and
(c) orders that all reports provided by the states and
territories to the Commonwealth under those provisions be tabled in the Senate
within 5 sitting days, or one calendar month, after receipt (whichever is the
later), and that the Senate be notified in writing by the Minister for Family
and Community Services within 5 sitting days of the expiration of the 6 months
if reports have not been provided within the required 6 months.
(2) That this order is of continuing effect.
(12 May 2005 J.626)
16 Shipping Grants Legislation Bill 1996
There be laid on the table of the Senate,
on or before the final sitting day of each calendar year, a report setting out
developments and progress in relation to the matters raised in paragraphs (a)
and (b) of the resolution of the Senate of 29 November 1996.
Paragraphs (a) and (b) of the resolution
are as follows:
The Senate:
(a) calls on the government to pursue
multilateral agreements in all possible international fora to:
(i) ensure that there are international
standards for conditions, treatment, receipt of pay, and occupational safety
adequate to protect the human rights of seafarers,
(ii) ensure that there are international
standards for safety, including minimum levels of crew actively present and
attentive on the deck or bridge, and
(iii) actively support, propose and lobby
for agreements by other nations that nations have a duty to inspect ships and
enforce compliance with such international standards;
(b) calls on the government to pursue
multilateral agreements in all possible international fora to include in an
international comprehensive liability regime:
(i) compensation for environmental
harm, and non-economic loss from marine-based pollution, and
(ii) compensation for any efforts that
need to be taken in defence of the rights of seafarers, including legal costs
and the costs of repatriation.
(Agreed to 29 November
1996 J.1161)
Note: Agreed to
by means of an amendment to the motion that the Shipping Grants Legislation
Bill 1996 be read a second time.
17 Health
– Assessment reports by the Australian Competition and Consumer Commission
There be laid on the table as soon as
practicable after the end of each period of 12 months ending on or after
30 June 2003, a report by the Australian Competition and Consumer Commission
containing an assessment of any anti-competitive or other practices by health
funds or providers which reduce the extent of health cover for consumers and
increase their out-of-pocket medical and other expenses.
(Agreed to 25 March 1999 J.626)
Note: Agreed to by means of an
amendment to the motion that the report of the committee on the Health
Legislation Amendment Bill (No. 2) 1999 be adopted, amended 18 September 2002
J.761.
18 Defence
– Review of materiel acquisition projects – Report by the Auditor-General
That the Senate request the Auditor-General:
(a) to produce, on an annual basis, a
report on progress in major defence projects, detailing cost, time and
technical performance data for each project;
(b) to model the report on that ordered
by the British House of Commons and produced by the United Kingdom Comptroller
and Auditor General; and
(c) to include in the report such
analysis of performance and emerging trends as will enable the Parliament to
have high visibility of all current and pending major projects.
(14 May 2003 J.1799)
Note: Part of
a longer resolution adopting recommendations of the Foreign Affairs, Defence
and Trade References Committee report on materiel acquisition and management in
Defence.
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