For the sitting period
6-16 March 2000
Legislation: private senator’s bill given
precedence
Last year the Human Rights (Mandatory Sentencing
of Juvenile Offenders) Bill was introduced by an Opposition, a
Democrat and the Greens senator to override the mandatory
sentencing laws of the Northern Territory and Western Australia to
the extent that they require the imprisonment of juveniles for
certain offences. The bill was referred to the Legal and
Constitutional References Committee. The controversy over the laws
in question was heightened during the non-sitting period by the
suicide of an Aboriginal youth sentenced under the laws in the
Northern Territory, and when the committee reported on 13 March
there was a determination to proceed with the bill. By means of a
contingent notice of motion to suspend standing orders, the bill on
the same day was given precedence over all other government and
general (non-government) business (but not over business of the
Senate, such as disallowance motions), and was extensively debated.
The bill was finally passed on 15 March. In the House of
Representatives the government used its majority to defer
consideration of the bill indefinitely, in spite of claims that
some government members would support it. It is not unusual for
private senators’ bills to be put off by the government in
the House in this way. At the end of the period further action in
the Senate was mooted to press the government to allow the bill to
be considered. Senator Brown, who took the bill through the Senate
on behalf of its co-sponsors, gave notice of a motion on 16 March
to have a message sent to the House of Representatives to press the
government to allow the bill to be debated.
Legislation: bills rejected
Three government bills were rejected outright in
the Senate, an unusual event in recent times. They were: the
Aboriginal Land Rights (Northern Territory) Amendment Bill (No. 2)
1999, which invalidated a grant to an Aboriginal land trust, on 8
March; the Classification (Publications, Films and Computer Games)
Charges Bill 1998, which would have levied charges for
classification services, on 9 March (a related bill was amended and
passed); and the Norfolk Island Amendment Bill, which affected the
electoral law of Norfolk Island, also on 9 March.
Bills significantly amended during the period
included the Environment and Heritage Legislation Amendment Bill
1999, mainly in relation to materials harmful to the environment,
on 6 March; two customs bills, relating to warehouses, on 7 March;
the Navigation Amendment (Employment of Seafarers) Bill 1998, which
had large portions of it struck out, on 8 March; the Youth
Allowance Consolidation Bill 1999, which has been subjected to
amendments and requests for amendments, and on which proceedings
were not completed; and the Financial Sector Reform (Amendments and
Transitional Provisions) Bill (No. 2) 1999, mainly to subject
instruments to parliamentary disallowance, on 13 March.
Orders for production of
documents
In response to the Senate’s order of 17
February (see Bulletin No. 139, p.1) in relation to climate change
negotiations, documents were produced on 6 March, but reasons were
given for withholding some documents.
An order was passed on 7 March for a report
relating to tree clearing in Queensland, with a requirement that
the report be tabled on the following day. The responsible
minister, Senator Hill, made a statement on 9 March indicating that
the government was considering whether the report could be
disclosed. Finally, on 16 March, the minister made an explicit
claim of public interest immunity in relation to the document, on
the ground that it related to incomplete negotiations between
governments. Statements by interested senators indicated that the
matter would be pursued in the next period of sittings.
An order of 15 March required documents relating
to the work for the dole scheme to be tabled on the following day.
The documents were not tabled, so it is expected that that matter
will also be pursued next sittings.
Parliamentary privilege:
cases
The Privileges Committee presented four reports
during the period.
The 84th report dealt with a case of
unauthorised disclosure of a draft committee report. The Privileges
Committee rejected explanations of unwitting handling of the draft,
and concluded that a minister’s office and the
minister’s department were guilty of contempt because of
culpable negligence in dealing with the draft report. The committee
did not recommend a penalty, but recommended that ministerial and
shadow ministerial staff be required to attend seminars on
parliamentary processes conducted by the Department of the Senate,
and that committees adopt precautions in handling draft
reports.
In its 85th report, the committee concluded that
an officer of a local government body was guilty of a contempt in
taking disciplinary action against an employee as a consequence of
the employee’s participation in proceedings of a committee.
Again the committee recommended no penalty, following an apology by
the offender for an unintended breach.
These two reports were adopted by the Senate on
15 March.
In its 86th report the committee examined an
allegation of threats to a witness in consequence of the
witness’ evidence, but found no contempt on the basis of an
explanation of the incident. This report was endorsed on 16
March.
The 87th report of the committee recommended the
publication of a response by a person adversely referred to in the
Senate. The response related to a dispute between the person
concerned and a senator. On the adoption of the committee’s
report on 13 March, the senator made further statements about the
individual concerned which could well lead to a further
response.
Privilege: search warrants
A judgment of the Federal Court was tabled on 13
March in the action brought by Senator Crane to defeat Federal
Police search warrants which were executed in his offices in 1998.
The police were investigating alleged travel entitlement
irregularities. One basis of Senator Crane’s legal attack on
the execution of the warrants was that some of the material seized
is protected from disclosure by parliamentary privilege. On this
point, the Federal Court found that, while the documents in
question are probably not protected by parliamentary privilege, it
is not a matter for the Court to determine because the execution of
search warrants is an action of the executive, and any alleged
infringement of parliamentary privilege should be determined by the
House concerned. A submission made to the Court on behalf of the
Senate, at the invitation of the Court, suggested that the seizure
of material under search warrant would be subject to the same
principles applying to the disclosure of documents by subpoena and
orders for discovery. On the basis of its finding, the Court
ordered that the documents in question be provided to the Senate
for disposal. This did not happen, however, as Senator Crane has
appealed to the Full Court against the judgment.
Foreign policy resolutions
Attention has been drawn in the past to the
significance of the Senate passing resolutions expressing its own
opinions on matters of foreign policy, which may differ from the
opinions of the government, and communicating those opinions to
foreign governments. A significant instance occurred on 9 March
when the majority of the Senate, against the wishes of the
government, passed a resolution expressing views on the forthcoming
Nuclear Non-Proliferation Treaty Review Conference. The resolution
requires that its terms be communicated to office-holders in named
nuclear states and signatories of the treaty.
Committees
The following committee reports were presented
during the period:
Date tabled |
Committee |
Title |
6.3 |
Community Affairs Legislation |
Additional Information—Estimates
1999-2000 |
" |
Employment, Workplace Relations, Small
Business and Education Legislation |
Additional Information—Estimates
1999-2000 and Additional Estimates 1999-2000 |
7.3 |
Privileges |
84th Report — Possible
unauthorised disclosure of draft parliamentary committee report
85th Report — Possible intimidation of a witness
|
8.3 |
Rural and Regional Affairs and
Transport Legislation |
Report—Northern Prawn Fishery
Amendment Management Plan 1999 |
9.3 |
Community Affairs Legislation |
Report—Annual Reports |
" |
Foreign Affairs, Defence and Trade
Legislation |
Additional Information—Estimates
1999-2000 |
" |
Legislation Committees |
Reports—Additional Estimates
1999-2000 |
13.3 |
Economics References |
Report—Australian Taxation
Office |
" |
Privileges |
86th Report—Alleged threats to a
witness |
" |
Privileges |
87th Report—Person referred to
in the Senate |
" |
Legal and Constitutional
References |
Report—Human Rights (Mandatory
Sentencing of Juvenile Offenders) Bill 1999 |
15.3 |
Scrutiny of Bills |
2nd Report and Alert Digest No. 3 of
2000 |
" |
Rural and Regional Affairs and
Transport Legislation |
Report—Class G Airspace
Trial |
15.3 |
Legislation Committees |
Reports — Annual reports |
" |
Rural and Regional Affairs and
Transport Legislation |
Report—Dairy Industry Adjustment
Bills |
16.3 |
Information Technologies |
Report—Online gambling |
" |
Employment, Workplace Relations, Small
Business and Education References |
Report—Education and Training
Programs for Indigenous Australians |
" |
Superannuation and Financial
Services |
Report—Roundtable on Choice of
Superannuation Funds |
Inquiries: Clerk's Office
(02) 6277 3364