Preface
On 9 February 2017, the Senate referred to the Senate Legal
and Constitutional Affairs Legislation Committee (the committee) for
examination the estimates of proposed additional expenditure for the financial
year 2016–17.
The committee is responsible for the examination of the
Attorney-General's portfolio and the Immigration and Border Protection portfolio.
The Portfolio Additional Estimates Statements (PAES) for 2016–17 were tabled on
9 February 2017.[1]
Reference of documents
The
Senate referred to the committee, for examination and report, the following
documents:
- Particulars
of proposed additional expenditure in respect of the year ending on 30 June
2017 [Appropriation Bill (No. 3) 2016–2017];
- Particulars
of certain proposed additional expenditure in respect of the year ending on 30
June 2017 [Appropriation Bill (No. 4) 2016–2017]; and
- Final
Budget Outcome 2015–16.[2]
The committee was required to report on its consideration of
the additional estimates on or before 22 March 2017, however the tabling date
was extended to 4 May 2017.
The committee notes the following significant changes and
measures in the Portfolio Additional Estimates Statements 2016–17 for the
Attorney-General's portfolio:
-
the establishment and commencement of the Royal Commission into
the Protection and Detention of Children in the Northern Territory; and
-
the passing of the Australian Crime Commission Amendment
(National Policing Information) Act 2016 by parliament, resulting in the
merger of the Australian Crime Commission and CrimTrac to create the Australian
Criminal Intelligence Commission, which formally commenced operations on 1 July
2016. [3]
Estimates hearings
The committee initially met in public session on 27 and 28
February 2017. Over the course of the two days of hearings, totalling over 20
hours, the committee took evidence from the following departments and agencies:
-
Department of Immigration and Border Protection;
-
Attorney-General's Department;
-
Australian Human Rights Commission;
-
Commonwealth Director of Public Prosecutions;
-
Federal Court of Australia;
-
Family Court of Australia;
-
Federal Circuit Court of Australia;
-
Office of the Australian Information Commissioner;
-
Administrative Appeals Tribunal;
-
Australian Transaction Reports and Analysis Centre;
-
Australian Criminal Intelligence Commission;
-
Australian Institute of Criminology;
-
Australian Law Reform Commission;
-
Australian Security Intelligence Organisation; and
-
Australian Federal Police.
Following the February
hearings, the committee received correspondence from three committee members
requiring a spill-over hearing pursuant to an Order of Continuing Effect of the
Senate of 25 June 2014.
This additional
hearing was held on the afternoon of 24 March 2017 and heard further evidence
from the following agency and departments:
- Australian
Human Rights Commission;
- Attorney-General's
Department; and
- Department
of Immigration and Border Protection.
Copies of the Hansard transcripts are available from
the committee's webpage at: www.aph.gov.au/senate_legalcon.
An index of the Hansard for each portfolio appears at
Appendix 2.
Ministers
On 27 February and 24 March 2017, the committee heard
evidence from Senator the Hon Michaelia Cash, representing the Minister
for Immigration and Border Protection.
On 28 February and 24 March 2017, the committee heard evidence
from Senator the Hon George Brandis, Attorney-General. The Attorney-General
was also assisted by Senator the Hon Nigel Scullion, Minister for Indigenous
Affairs, on 28 February and by Senator Cash on 24 March.
Officers from both departments and associated agencies also
appeared. The committee thanks the ministers and officers for their assistance.
Questions on notice
The committee resolved that the due date for submitting
responses to questions on notice from the additional estimates hearings in
February would be 28 April 2017 and from the spill-over hearing in March would
be 12 May 2017.
Further written explanations, and answers to questions on
notice, will be tabled as soon as possible after they are received. That
information is also available on the committee's webpage.
The committee notes that 60 answers to questions taken on
notice by the Attorney-General's portfolio during additional estimates 2015–16
(February 2016) remain outstanding.
Note on references
References to the committee Hansard are to the proof Hansard.
Page numbers may vary between the proof and the official Hansard
transcript.
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