Annual Report 2012-13
Introduction
1.1
The
Standing Committee
on Appropriations and Staffing
is appointed under
Senate
standing order 19. The Committee inquires into:
- proposals for
the annual estimates and the additional estimates for the Senate;
- proposals to vary the staff structure
of the Senate, and staffing and recruitment
policies; and
- other matters as
are referred by the Senate.
1.2 The
Committee has the explicit capacity to scrutinise security funding
and administration and to advise the President and the Senate as appropriate. Under a resolution of
the Senate agreed to in 1987 the Committee also examines proposed changes in the structure and responsibilities of the parliamentary departments and,
following the adoption by the
Senate on 27 November
2012 of the recommendation in the Committee’s 54th Report, the Committee may advise the President and the Senate on
the administration and funding
of information and communications technologyservices
for the Parliament.
1.3 Under standing
order 19(3) the Committee is required
to make an annual
report to the Senate on the operations of the
Senate’s appropriations and staffing and
related matters.
1.4 The Committee is chaired by the President
of the Senate and includes 8 other
senators. The Senate Leaders of
the Government and the Opposition are ex officio
members.[1]
Committee membership
1.5
During the year, the following
senators were Committee members:
- The President of
the Senate, Senator
the Hon. John Hogg (Chairman)
- The Leader of the Government in the Senate (Senator the Hon. Chris Evans
from 1 July 2012 to 4 February 2013 and Senator the Hon Steven Conroy
from 4 February 2013)
- The Leader of
the Opposition in the Senate, Senator
the Hon. Eric Abetz
- Senator the Hon.
Jacinta Collins
- Senator the Hon. John Faulkner
- Senator Stephen Parry
- Senator Lisa Singh
- Senator John
Williams
- Senator Nick Xenophon
Committee activities
1.6
During the reporting period, the Committee tabled three reports:
- the Committee's
Annual Report for 2011-12;
- the Committee's 54th report, entitled A governance structure for Parliamentary
ICT services; and
- the Committee's 55th report entitled Estimates for the Department
of the
Senate 2013-14; Transfer of information
and communications technology services; Budgetary milestones
1.7
The
Committee met on six occasions: on 20 August 2012,
18 September 2012, 19 September 2012, 22 November 2012, 27
February 2013 and 15 May 2013. It
considered the following matters at those meetings.
20 August 2012
1.8
The Committee further considered
the effect of proposed Departmental savings measures
on Senators. The Committee approved the
draft 2011-12 Annual Report, and noted the first communique issued from the Presiding Officers and Clerks Conference (dated 26 July 2012).
18 September 2012
1.9
The Committee
discussed correspondence concerning
further cuts to the Senate
Department Budget, as conveyed in correspondence from the Secretary
of the Department of the Prime Minister and Cabinet and the Secretary of the Department of Finance and Deregulation.
1.10
The
Committee expressed concern
at the effect of continuing cuts to the Department’s budget over many years, and at the manner in which these further cuts had been calculated and conveyed
to the
Parliament. The Committee resolved
that a report be drafted expressing these
concerns.
1.11 In
relation to the provision of information and communications technology services throughout the Parliament, the
President briefed the Committee
on proposals for the appointment of a Chief Information Officer and the establishment and composition of an
ICT Advisory Board, and
of the proposed role
of the Appropriations and Staffing
Committees and the equivalent
committee of the House
of Representatives, in the oversight of the work of the Chief Information Officer.
1.12 The Committee
noted that an amendment to the Standing
Orders of the Senate would be needed to authorise these two committees to meet together.
19 September 2012
1.13
The Committee discussed a draft report expressing its significant concerns at
proposed additional cuts to the Department’s budget. As a first step, the Committee
unanimously agreed
that a letter be drafted to the
Minister for Finance and Deregulation
setting out these concerns in the terms set out in the draft report, and, in
the event that no response, or an unsatisfactory response,
was received, the Committee agreed to
reconvene to further consider the
matter.
22 November 2012
1.14
In relation to the Department's budget, the Committee considered correspondence from the
Minister for Finance (dated 24 September 2012) in response
to the Committee’s letter of 19 September 2012, and correspondence from
the Presiding Officers to the Prime Minister (dated
9 October 2012) (copies attached).
1.15 In relation to financial matters
generally, the Committee considered Quarterly Financial Reports from the Clerk as at 30 June and 30 September 2012, and correspondence from the President to the Prime Minister (dated 29 October
2012) outlining proposals for the 2013-14
Budget, and further noted that no
response had yet been received to the President’s
letter.
1.16 The Committee adopted a draft Report on ICT Governance and authorised
its tabling in the Senate.
The Committee agreed that the Manager of Government
Business in the Senate would give notice of a motion to adopt the recommendation in the Report to amend Standing Order 19 which would enable the Committee to meet
with its counterpart Committee in the House of Representatives.[2]
1.17
The
Committee also noted the Annual Report of the Audit
and Evaluation Committee.
27 February 2013
1.18
In relation to the Department's budget, the Committee
noted that, while there
had been no formal response to the Committee's correspondence of
September and October 2012, contact
at Departmental officer level
had indicated that the Committee’s representations in that
correspondence had been persuasive.
1.19 In relation to financial matters generally, the Committee noted the Department's
Quarterly Financial Report as at 31
December 2012, and correspondence
from the Clerk to the President (dated 22 February 2013). This outlined additional costs to be borne
by the Department in supporting the Joint Select Committee on Constitutional Recognition of Aboriginal and Torres Strait Islander
Peoples, as well as three previous proposals for modest funding increases to enable the Department to fully support the Parliamentary Joint Committee
on Human Rights, to provide
legislative drafting services and
to enable enhanced online publishing of Parliamentary and Government documents. The Committee endorsed
the four proposals for additional funding and approved
draft correspondence from the President to the Prime Minister
seeking additional funding for
these proposals.
15 May 2013
1.20
With regard to financial matters, the Committee:
- noted acceptance
of all four proposals for additional
expenditure;
- approved the 2013-14 Estimates for the Department of the Senate and agreed to report this to the Senate;
- considered and reported on correspondence from the Clerk to the President of the Senate concerning milestones for determining
the
Department's future budget (copies attached);
and
- noted the Department's
Quarterly Financial Report as at
March 2013.
1.21
The Committee also approved the
transfer of information and communications technology functions and resources from the Senate Department to the Department of Parliamentary Services.
A recommendation proposing this was
included in the Committee's 55th Report and was adopted
by the Senate on 16 May 2013.[3]
1.22
The President also advised the Committee of the status of Recommendation 1 in the report of the Finance and Public Administration Legislation Committee on The
Performance of the Department of Parliamentary Services.
1.23
The President advised that the Senate's House Committee would be convened to undertake oversight of the provision
of services to Senators by the Department of Parliamentary
Services and the Department of the Senate.
Ordinary annual
services of the government
1.24
Given the provisions in section 53 of the Constitution, the Committee has kept
the issue of items possibly
inappropriately classified
as ‘ordinary annual services of the government’ under active
consideration over many years. For example, in its 50th report, tabled
in June 2010, the Committee recommended:
- that
the Senate
reaffirm its constitutional right
to amend
proposed laws appropriating revenue
or moneys for expenditure on all matters not involving
the ordinary annual services of the government;
and
- that the President continue
to draw to the attention
of the Finance Minister any items of expenditure
which
appeared to have been inappropriately
included in the appropriation bill for the ordinary annual services of the
government.
1.25
As a
result, lists of such items of expenditure have been regularly
provided to
the Finance Minister.
1.26
In 2012, the High Court
handed down its decision
in the case of Williams v Commonwealth [2012] HCA 23 – the 'school chaplains case'. This decision has cast doubt
on the validity of all programs involving direct payments to persons
other than a State or Territory, whose only authority
was the appropriation acts. In view of the
legislative response to the Williams decision (the Financial Framework Legislation Amendment Act (No. 3) 2012), the Committee intends
to consider this matter further
with a view to ensuring that the Senate's constitutional rights are not affected.
Senator
the Hon John Hogg
Chairman
June
2013
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