Footnotes

CHAPTER 1 - BACKGROUND

[1]        See, Journals of the Senate, No. 192, 20 June 2001, pp 4358-4359.

[2]        Odgers' Australian Senate Practice, H. Evans and R. Laing, Eds, 13^th Edition, 2012, p. 562.

[3]        Journals of the Senate, No. 9, 10 December 2013, p. 307.

[4]        The information in this section is drawn from previous committee reports on the development and operation of the Senate order. See, Senate Finance and Public Administration References Committee, Commonwealth contracts: a new framework for accountability. Final report on the inquiry into the mechanism for providing accountability to the Senate in relation to government contracts, September 2001, p. 3; Senate Finance and Public Administration References Committee, Departmental and agency contracts: Report on the first year of operation of the Senate order for the production of lists of departmental and agency contracts, December 2002, p. 1.

[5]        Senate Finance and Public Administration References Committee website, at: www.aph.gov.au/Parliamentary_Business/Committees/Senate/Finance_and_Public_Administration/Senate_order.

[6]        Correspondence from Minister for Finance, Senator the Hon Mathias Cormann, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 2 December 2013.

[7]        AusTender, Help webpage, at: www.tenders.gov.au/?event=public.help.list (accessed 9 April 2014).

[8]        Department of Finance, Submission 2, p. 3. See also Commonwealth Procurement Rules, 1 July 2012, paragraph 7.16.

[9]        Financial Management Guidance No. 8 Listing of Contract Details on the Internet (Meeting the Senate Order on Departmental and Agency Contracts), January 2004, at: www.finance.gov.au/publications/fmg-series/08-listing-of-contract-details.html (accessed 9 April 2014).

[10]      The government's policy states that compliance with the requirements of the Senate order is subject to: guidelines on the scope of public interest immunity to determine whether information regarding individual contracts will be provided; non-disclosure of information contrary to the Privacy Act 1988; and refinements to arrangements and processes for FMA Act agencies to meet the requirements of the Senate order.

[11]      The following are discussed under the heading Probably 'contracts' for the purposes of the Senate order: arrangements under which goods and services have been procured; dealings with interests in land; purchase order; agreements between Australian Government bodies that are separate legal entities; funding agreements; Public Service Act employment contracts.

[12]      The following are discussed under the heading of Probably not 'contracts' for the purposes of the Senate order: standing offer arrangement; heads of agreement/ letter of intent; purchase order; agency agreement; non-enforcement agreement between bodies that are separate legal entities; gift/ grant; employment arrangements; statutory appointments.

[13]      Correspondence from Mr Ian McPhee, Auditor-General of Australia, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 29 November 2013.

[14]      Correspondence from Mr Ian McPhee, Auditor-General of Australia, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 29 November 2013.

[15]      See Department of Prime Minister and Cabinet, Requirements for Annual Reports for Departments, Executive Agencies and FMA Act bodies (approved by the Joint Committee of Public Accounts and Audit), 24 June 2013, p. 13.

[16]      Senate Finance and Public Administration References Committee, Departmental and agency contracts: Report on the first year of operation of the Senate order for the production of lists of departmental and agency contracts, December 2002, p. 35.

[17]      See, Senate Finance and Public Administration References Committee, Departmental and agency contracts: Report on the first year of operation of the Senate order for the production of lists of departmental and agency contracts, December 2002, Recommendations pp i-iv.

[18]      This inquiry was conducted under the auspices of the Senate Standing Committee on Finance and Public Administration. For the purposes of this report 'committee' means either the Senate Finance and Public Affairs References Committee or the Senate Standing Committee on Finance and Public Administration.

[19]      Senate Standing Committee on Finance and Public Administration, Departmental and agency contracts: Second report on the operation of the Senate order for the production of lists of departmental and agency contracts (2003-06), February 2007, p. 42.

[20]      Senate Standing Committee on Finance and Public Administration, Departmental and agency contracts: Second report on the operation of the Senate order for the production of lists of departmental and agency contracts (2003-06), February 2007, p. 42.

[21]      Senate Standing Committee on Finance and Public Administration, Departmental and agency contracts: Second report on the operation of the Senate order for the production of lists of departmental and agency contracts (2003-06), February 2007, p. 36.

[22]      Senate Standing Committee on Finance and Public Administration, Departmental and agency contracts: Second report on the operation of the Senate order for the production of lists of departmental and agency contracts (2003-06), February 2007, p. 42.

CHAPTER 2 - DISCUSSION

[1]        Department of Finance, AusTender and Rationalising Procurement Reporting Requirements, 14 February 2014, p. 5.

[2]        Submission 2, p. 2.

[3]        Submission 2, p. 2.

[4]        Committee Hansard, 14 February 2014, p. 1.

[5]        Submission 2, p. 2.

[6]        Submission 2, pp 2-3.

[7]        Submission 1, p. 3.

[8]        Department of Finance, Submission 2, p. 5; Ms Lynne Ford, Director, AusTender, Department of Finance, Committee Hansard, 14 February 2014, pp 7-8.

[9]        Ms Lynne Ford, Director, AusTender, Department of Finance, Committee Hansard, 14 February 2014, p. 8. See also AusTender webpage, Senate Order on Confidentiality in Procurement Contracts Criteria, at: www.tenders.gov.au/?event=public.reports.CN.SenateOrder.form (accessed 7 April 2014).

[10]      Committee Hansard, 14 February 2014, p. 8.

[11]      Correspondence from Minister for Finance, Senator the Hon Mathias Cormann, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 2 December 2013.

[12]      Department of Finance, Submission 2, p. 2.

[13]      Ms Jan Mason, Deputy Secretary, Business, Procurement and Asset Management, Department of Finance, Committee Hansard, 14 February 2014, p. 1.

[14]      Committee Hansard, 14 February 2014, p. 2.

[15]      Correspondence from Clerk of the Senate, Dr Rosemary Laing, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 6 March 2014.

[16]      Correspondence for Senator the Hon Mathias Cormann, Minister for Finance, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 27 March 2014.

[17]      Correspondence for Senator the Hon Mathias Cormann, Minister for Finance, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 27 March 2014.

[18]      Correspondence for Senator the Hon Mathias Cormann, Minister for Finance, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 27 March 2014.

[19]      Submission 1, p. 3.

[20]      Submission 2, p. 4.

[21]      Committee Hansard, 14 February 2014, p. 5.

[22]      Submission 2, p. 3.

[23]      Department of Finance, Submission 2, pp 3-4.

[24]      Correspondence from Dr Rosemary Laing, Clerk of the Senate, to Senator the Hon Kate Lundy, Chair of Senate Finance and Public Administration References Committee, 6 March 2014, p. 3.

[25]      Correspondence from Dr Rosemary Laing, Clerk of the Senate, to Senator the Hon Kate Lundy, Chair of Senate Finance and Public Administration References Committee, 6 March 2014, p. 3.

[26]      Department of Finance, answer to question on notice, 14 February 2014, p. 8.

[27]      Submission 2, p. 5.

[28]      See Ms Lynne Ford and Ms Yvette Sims, Department of Finance, Committee Hansard 14 February 2014, p. 11.

[29]      Committee Hansard, 14 February 2014, p. 6.

[30]      Committee Hansard, 14 February 2014, p. 6.

[31]      Correspondence from Senator the Hon Mathias Cormann, Minister for Finance, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, 2 December 2013.

[32]      Correspondence from Dr Rosemary Laing, Clerk of the Senate, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, 6 March 2014, p. 2.

[33]      Committee Hansard, 14 February 2014, p. 3.

[34]      Dr Stein Helgeby, Department of Finance and Deregulation, Budget Estimates Hansard, 29 May 2013, p. 34.

[35]      Commonwealth Procurement Rules, 1 July 2012, paragraphs 7.16 and 7.17.

[36]      Additional Estimates Hansard, 25 February 2014, p. 87.

[37]      Additional Estimates Hansard, 25 February 2014, p. 87.

[38]      See Senate Finance and Public Administration References Committee, Departmental and agency contracts: Report on the first year of operation of the Senate order for the production of lists of departmental and agency contracts, December 2002, p. 44.

[39]      Government Response to Senate Finance and Public Administration References Committee, Departmental and agency contracts: Report on the first year of operation of the Senate order for the production of lists of departmental and agency contracts, June 2003, p. 7.

[40]      See Senate Standing Committee on Finance and Public Administration, Departmental and agency contracts: Second report on the operation of the Senate order for the production of lists of departmental and agency contracts (2003-2006), February 2007, pp 47-48.

[41]      Senate Standing Committee on Finance and Public Administration, Departmental and agency contracts: Second report on the operation of the Senate order for the production of lists of departmental and agency contracts (2003-2006), February 2007, p. 48.

[42]      Government Response to Senate Standing Committee on Finance and Public Administration Report, Departmental and agency contracts: Second report on the operation of the Senate order for the production of lists of departmental and agency contracts (2003-2006), 26 August 2008, p. 6.

[43]      Submission 1, p. 2.

[44]      Committee Hansard, 14 February 2014, p. 15.

[45]      Submission 1, p. 2.

[46]      Submission 1, p. 2.

[47]      Committee Hansard, 14 February 2014, p. 13.

[48]      Submission 1, p. 2.

[49]      Committee Hansard, 14 February 2014, p. 13.

[50]      Committee Hansard, 14 February 2014, p. 13.

[51]      Correspondence from Dr Rosemary Laing, Clerk of the Senate, to Senate Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 6 March 2014, pp 3-4.

[52]      Correspondence from Dr Rosemary Laing, Clerk of the Senate, to Senate Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 8 January 2014,
pp 1-2.

[53]      Correspondence from Dr Rosemary Laing, Clerk of the Senate, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 8 January 2014, p. 2.

[54]      Committee Hansard, 14 February 2014, p. 15.

[55]      Committee Hansard, 14 February 2014, p. 16.

[56]      Correspondence from Mr Ian McPhee, Auditor-General of Australia, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 24 February 2014.

[57]      Correspondence from Dr Rosemary Laing, Clerk of the Senate, to Senator the Hon Kate Lundy, Chair, Senate Finance and Public Administration References Committee, dated 6 March 2014, pp 2-3. Emphasis in original.

CHAPTER 3 - COMMITTEE VIEW

[1]        See Finance and Public Administration Legislation Committee, Additional Estimates Hansard, 25 February 2014, p. 101.

[2]        Committee Hansard, 14 February 2014, p. 13.