Introduction
1.1
On 27 July 2022, the Senate referred the following items to the Senate Environment and Communications Legislation Committee (the committee) for examination and report:
Particulars of proposed expenditure in respect of the year ending on 30 June 2023 [Appropriation Bill (No. 1) 2022–2023 and Supply Bill (No. 3) 2022–2023];
Particulars of certain proposed expenditure in respect of the year ending on 30 June 2023 [Appropriation Bill (No. 2) 2022–2023 and Supply Bill (No. 4) 2022–2023]; and
Particulars of proposed expenditure in relation to the parliamentary departments in respect of the year ending on 30 June 2023 [Appropriation (Parliamentary Departments) Bill (No. 1) 2022–2023 and Supply (Parliamentary Departments) Bill (No. 2) 2022–2023].
1.2
A reporting date of 29 November 2022 was set for the committee's report to the Senate on its consideration of the 2022–23 budget estimates. On 23 November 2022, the Senate authorised an extension of time to report to 16 December 2022.
Portfolio coverage
1.3
Following the 2022 Federal Election on 21 May 2022, the new government made machinery of government changes, which included the establishment of a new Department of Climate Change, Energy, the Environment and Water on 1 July 2022. The new department's responsibilities include outcomes and agencies that were previously the responsibilities of the former Department of Agriculture, Water and the Environment and Department of Industry, Science, Energy and Resources. As a result, the committee's oversight responsibilities were consolidated from three to two portfolios.
1.4
In 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).
1.5
A list of the agencies, independent statutory bodies and officeholders for which the committee has oversight is available at Appendix 1.
Hearings
1.6
On 27 July 2022, the Senate resolved that the committee's budget estimates hearings would be held on 28 October 2022, 7 October 2022 and 8 November 2022, with cross portfolio estimates hearings on Murray-Darling Basin Plan matters on 11 November 2022.
1.7
On 21 November 2022, the Senate authorised the committee to hold a spillover hearing on 28 November 22, from 6.30 pm.
1.8
On 23 November 2022, the Senate authorised the committee to hold additional spillover hearings on that day, from 6.30 pm, and on 29 November 2022, from 10.00 am.
1.9
On 28 October 2022, the committee examined the outcomes and agencies of the Climate Change, Energy, the Environment and Water portfolio.
1.10
On 7 November 2022, the committee continued its examination of the outcomes and agencies of the Climate Change, Energy, the Environment and Water portfolio, followed by the Communications and the Arts outcomes and agencies of the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio.
1.11
On 8 November 2022, the committee continued its examination of the Communications and the Arts outcomes and agencies of the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio.
1.12
On 11 November 2022, the committee held hearings on cross portfolio Murray-Darling Basin Plan matters, and also continued its examination of the water outcomes and agencies of the Climate Change, Energy, the Environment and Water portfolio.
1.13
On 23 November 2022, the committee continued its examination of the Communications and the Arts outcomes and agencies of the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio.
1.14
On 28 November 2022, the committee continued its examination of the Antarctic and energy outcomes and agencies of the Climate Change, Energy, the Environment and Water portfolio.
1.15
On 29 November 2022, the committee continued its examination of agencies of the Infrastructure, Transport, Regional Development, Communications and the Arts portfolio, calling officials from the Australian Postal Corporation and the Australian Broadcasting Corporation.
1.16
The 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;
Senator the Hon Carol Brown, Assistant Minister for Infrastructure and Transport, representing the Minister for Communications and the Minister for the Arts; and
Senator the Hon Anthony Chisholm, representing the Minister for Communications and the Minister for the Arts.
1.17
Evidence was also provided by the following departmental secretaries who were accompanied by officers of the portfolio departments and agencies:
Mr David Fredericks PSM, 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.
1.18
The following agencies were not required to appear:
Climate Change, Energy, the Environment and Water portfolio
Australian Energy Regulator
Australian Renewable Energy Agency
Clean Energy Finance Corporation
Director of National Parks
North Queensland Water Infrastructure Authority
Office of the Supervising Scientist
Sydney Harbour Federation Trust
Threatened Species Scientific Committee
Infrastructure, Transport, Regional Development, Communications and the Arts portfolio
Australia Council for the Arts
Australian Film, Television and Radio School
Australian National Maritime Museum
Classification Review Board
Creative Partnerships Australia Ltd
National Archives of Australia
National Film and Sound Archive of Australia
National Gallery of Australia
National Library of Australia
National Portrait Gallery of Australia
Museum of Australian Democracy
Questions on notice and Hansard transcripts
1.19
In accordance with standing order 26(9)(a), the committee set the following dates for the return of written answers or additional information:
16 December 2022 for the 28 October 2022, 7 November 2022 and 8 November 2022 hearings;
21 December 2022 for the 11 November 2022 cross portfolio Murray-Darling Basin matters hearing; and
16 January 2022 for the 23 November 2022, 28 November 2022 and 29 November 2022 spillover hearings.
1.20
Written answers and information provided to the committee in response to questions on notice arising from the hearings are tabled in the Senate and posted on the committee's website. Links to the transcripts of these public hearings and to answers, tabled documents and additional information are available at: aph.gov.au/Parliamentary_Business/Senate_Estimates/ec.
Procedural matters
1.21
On 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.
1.22
The Australian Broadcasting Corporation (ABC) raised two claims of PII for information requested on: the remuneration of highly paid staff; and the role, gender, place of work and remuneration band of ABC employees.
1.23
In making these claims, the Managing Director of the ABC,
Mr David Anderson, outlined the basis of the claims as well as the potential harm that would come from disclosure in letters to the committee.
1.24
Regarding information requested on highly paid ABC staff, a letter of 8 November 2022 noted that the disclosure of names, titles and remuneration of staff members ‘would be an unreasonable invasion of privacy for those affected individuals’, and that it was ‘in the public interest that private information about individuals not be unreasonably disclosed'. Additionally, this letter noted that 'the information requested is commercially sensitive and would damage the ABC's commercial interests', as it would provide salary details to the ABC’s competitors and provide them with an ‘unfair advantage’.
1.25
Regarding information requested on the role, gender, place of work and remuneration band of ABC employees, a letter of 10 November 2022 set out both the basis of the claim and the potential harms from disclosure. This letter noted that the information, if provided, would be an ‘unreasonable invasion of privacy for those affected individuals’ and that it would not be in the public interest for this private information to be disclosed.Additionally, the letter noted that this information would be commercially sensitive and could provide advantages to the ABC’s competitors, which would not be in the public interest.
1.26
The Clerk of the Senate provided advice on these PII claims. This advice recognised that the ABC's claims had:
…identified public interest grounds, including grounds that had attracted some measure of acceptance in the Senate, and sought to explain the apprehended harm to the public interest that might flow from the disclosure of the information in the form sought.
Budget Estimates 2022–23: timeliness of answers to questions on notice
1.27
The committee's 2022–23 budget estimates hearings, held in March and April, examined the energy outcomes and agencies of the Industry, Science, Energy and Resources portfolio and the environment outcomes and agencies of the Agriculture, Water and the Environment portfolio on 31 March 2022 and 4 April 2022, and the communications and the arts outcomes and agencies of the Infrastructure, Transport, Regional Development and Communications portfolio on 31 March 2022 and 5 April 2022.
1.28
Answers to questions on notice were set for the following dates:
Agriculture, Water and the Environment: 20 May 2022;
Industry, Science, Energy and Resources: 27 May 2022; and
Infrastructure, Transport, Regional Development and Communications: 20 May 2022.
1.29
The committee received no answers to the 43 questions taken on notice for the 31 March 2022 and 4 April 2022 hearings for the Agriculture, Water and the Environment portfolio by the due date of 20 May 2022. All 43 answers were received on 27 May 2022.
1.30
The committee received all answers to the 47 questions taken on notice for the 31 March 2022 and 4 April 2022 hearings for the Industry, Science, Energy and Resources portfolio on the due date of 27 May 2022.
1.31
The committee received one answer to the 36 questions taken on notice for the 31 March 2022 and 5 April 2022 hearings for the Infrastructure, Transport, Regional Development and Communications portfolio by the due date of 20 May 2022. The remaining answers were received on 31 May 2022.
Record of proceedings
1.32
This 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
1.33
References to the Hansard transcript are to the proof Hansard. Page numbers may vary between the proof and official Hansard transcript.
1.34
Copies of the Hansard transcripts, documents tabled at the hearings (see Appendix 2), and additional information received after the hearings are tabled in the Senate and available on the committee's website.