Chapter 1 - Overview

Chapter 1Overview

1.1On 14 May 2024, the Senate referred the following to the Senate Finance and Public Administration Legislation Committee (the committee) for examination and report:

Particulars of proposed expenditure in respect of the year ending on 30 June 2025.

Particulars of certain proposed expenditure in respect of the year ending on 30 June 2025.

Particulars of proposed expenditure in relation to the parliamentary departments in respect of the year ending on 30 June 2025.

Particulars of proposed additional expenditure in respect of the year ending on 30 June 2024 [Appropriation Bill (No. 5) 2023–2024].

Particulars of certain proposed additional expenditure in respect of the year ending on 30 June 2024 [Appropriation Bill (No. 6) 2023–2024].[1]

1.2The Senate set 2 July 2024 for the committee to report on its consideration of Budget Estimates 2024–25.[2]

1.3In accordance with a resolution of the Senate on 27 July 2022, the committee has responsibility for examining the expenditure and outcomes of the following:

Parliamentary departments;[3]

Prime Minister and Cabinet (PMC) portfolio;

Finance portfolio; and

Cross Portfolio Indigenous matters.[4]

1.4Departments and agencies under the committee's oversight are listed in Appendix 1 of this report.

Portfolio Budget Statements 2024-2025

1.5The Portfolio Budget Statements (PBS) 2024–25 for the PMC portfolio, the Finance portfolio and the Parliamentary departments were tabled in the Senate on 14 May 2024.[5]

Public hearings

1.6In accordance with a resolution of the Senate, the committee held public hearings for Budget Estimates 2024–25 on the following dates:

Tuesday 28 May 2024—Parliamentary Departments and PMC portfolio;

Wednesday 29 May 2024—PMC portfolio and Finance portfolio;

Thursday 30 May 2024—PMC portfolio and Finance portfolio;

Friday 31 May 2024—Finance portfolio; and

Friday 7 June 2024—Cross Portfolio Indigenous Matters.[6]

1.7The committee held a spillover hearing on Tuesday 25 June 2024 for the Cross Portfolio Indigenous Matters.

1.8The committee heard evidence from Senator the Hon Sue Lines, President of the Senate, and the following Ministers:

Senator the Hon Don Farrell, Special Minister of State, Minister for Trade and Tourism;

Senator the Hon Katy Gallagher, Minister for Women, Minister for Finance, Minister for the Public Service;

Senator the Hon Penny Wong, Minister for Foreign Affairs;

Senator the Hon Tim Ayres, Assistant Minister for Trade, Assistant Minister for Manufacturing; and

Senator the Hon Malarndirri McCarthy, Assistant Minister for Indigenous Australians, Assistant Minister for Indigenous Health.

1.9The committee called the following departments and agencies to appear:

Parliamentary departments

Department of the Senate

Parliamentary Budget Office

Department of Parliamentary Services

Prime Minister and Cabinet portfolio

Department of the Prime Minister and Cabinet

Australian National Audit Office

Australian Public Service Commission

National Australia Day Council

Office of National Intelligence

Official Office of the Secretary to the Governor General

Workplace Gender Equality Agency

Finance portfolio

Department of Finance

ASC Pty Ltd

Australian Electoral Commission

Australian Naval Infrastructure Pty Ltd

Commonwealth Superannuation Corporation

Digital Transformation Agency

Future Fund Management Agency

Independent Parliamentary Expenses Authority

Parliamentary Workplace Service

Cross Portfolio Indigenous Matters

National Indigenous Australians Agency

Attorney-General's Department

Department of Education

Department of Health and Aged Care

Department of Social Services

Aboriginal Hostels Limited

Anindilyakwa Land Council

Australian Institute of Aboriginal and Torres Strait Islander Studies

Central Land Council

Indigenous Business Australia

Indigenous Land and Sea Corporation

Northern Land Council

Northern Territory Aboriginal Investment Corporation

Office of the Registrar of Indigenous Corporations

Office of Township Leasing

Outback Stores Pty Ltd

Tiwi Land Council

Torres Strait Regional Authority

Wreck Bay Aboriginal Community Council

1.10Documents tabled during the hearings are listed in Appendix 2.

1.11Documents received as additional information are listed in Appendix 3.

Questions on notice and Hansard transcripts

1.12The committee set Thursday, 25 July 2024 as the return date for answers to questions on notice arising from the Budget Estimates 2024–25 hearings.

1.13Answers to questions on notice are published on the committee's estimates webpage as they are received, along with the Hansard transcripts of the proceedings of the hearings.[7]

Timeliness and content of Answers to Questions on Notice

1.14For Additional Estimates 2023–24, the committee set Friday, 4 April 2024 as the due date for the return of answers to questions on notice. The committee welcomed the timely provision of answers to the majority of questions on notice. The timely provision of answers aids in the committee's efforts to examine the operations of departments and agencies.

1.15An ongoing concern has been the content of some answers to questions on notice from the PMC portfolio. Over the past two rounds of estimates, several answers included hyperlinks that were broken or did not contain useful and specific information. The committee considers incomplete answers not conducive to the transparency and accountability of government expenditure and departmental administration. The committee encourages the PMC portfolio to provide specific information in answers to notice and reference external material sparingly.

Hansard record

1.16References to the Hansard transcript are to the proof Hansard; page numbers may vary between the proof and official Hansard transcripts.

Broadcasting and publication of committee proceedings

1.17The committee became aware of a statement made in the House of Representatives on 24 June 2024 by Ms Scrymgour MP, in response to statements made at the Cross Portfolio hearing on 7 June 2024.

1.18While the committee considers that the questions at the hearing are within the standing orders as they relate to the public expenditure of funds by a Commonwealth agency, the statement also referred to the involvement of Ms Scrymgour MP in the expenditure of funds and attributed a motive in relation to their expenditure.[8] In accordance with paragraph (13) of Privilege Resolution 1 the committee will publish Ms Scrymgour’s response to that evidence.

1.19Ms Scrymgour’s response also refers to the publication of extracts from the hearing and commentary on social media.

1.20The resolutions of the Senate that relate to broadcasting of Senate and committee proceedings require that the broadcast of committee proceedings, including excerpts of those proceedings, are for the sole purpose of making fair and accurate reports of those proceedings. Resolution 3(6) states:

Broadcasts of proceedings of a committee, including excerpts of committee proceedings, shall be for the purpose only of making fair and accurate reports of those proceedings, and shall not be used for:

(1)political party advertising or election campaigns; or

(2)commercial sponsorship or commercial advertising.[9]

1.21If publication of the material does not amount to a ‘fair and accurate report’ of proceedings under the law of qualified privilege, then the publication may not receive protection from defamation action.[10]

1.22In addition, the publication of video excerpts that are not fair and accurate may amount to a misleading report of the committee’s proceedings which may be investigated as a possible contempt under Privilege Resolution 6(7):

A person shall not wilfully publish any false or misleading report of the proceedings of the Senate or of a committee.[11]

1.23It is open to the committee to consider whether the publication of excerpts of the hearing is consistent with the requirements of the Senate and the committee that broadcasting of committee proceedings be fair and accurate.

1.24As the social media posts referred to have now been removed, the committee has decided not to examine these issues further.

1.25The committee reminds all Senators of their obligations to adhere to Senate resolutions, not only during parliamentary proceedings, including committees, but also in relation to publishing broadcasts of those proceedings.

Record of proceedings

1.26This report provides a summary of some of the key issues that were examined by the committee for each portfolio. The report does not provide an analysis of the evidence presented during the hearings.

Footnotes

[1]Journals of the Senate, No. 109, 14 May 2024, p. 3325.

[2]Journals of the Senate, No. 76, 19 October 2023, p. 2171.

[3]As a matter of comity between the Houses, neither House enquires into the operations of the other House. For this reason, neither the annual report of, nor the proposed expenditure for, the Department of the House of Representatives is referred to a Senate committee for review.

[4]Journals of the Senate, No. 2, 27 July 2022, p. 73.

[5]Journals of the Senate, No. 109, 14 May 2024, pp. 3324–3326.

[6]Journals of the Senate, No. 76, 19 October 2023, pp. 2170–2171.

[8]Committee Hansard, 7 June 2024, pp. 35, 42.

[9]Journals of the Senate, No. 10, 11 December 2013, pp. 336-339.

[11]Matters constituting contempts, Privilege Resolution 6, 7.