Budget Estimates Report
June 2000
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Membership
Members
Senator Alan Eggleston, Chair (LP, WA)
Senator Mark Bishop, Deputy Chair (ALP, WA)
Senator Andrew Bartlett (AD, QLD)
Senator the Hon Nick Bolkus (ALP, SA)
Senator Paul H. Calvert (LP, TAS)
Senator Tsebin Tchen (LP, VIC)
Substitute Members
Senator Stott Despoja (AD, SA) to substitute for Senator
Bartlett for matters relating to Information Technology as at 30 September
1999.
Participating Members
Senator the Hon Eric Abetz (LP, TAS)
Senator Lyn Allison (AD, VIC) appointed for communications
issues as at 30/09/99.
Senator Ron Boswell (NP, QLD)
Senator Vicki Bourne (AD, NSW)
Senator Bob Brown (AG, TAS)
Senator the Hon David Brownhill (NPA, NSW)
Senator George Campbell (ALP, NSW)
Senator Kim Carr (ALP, VIC)
Senator Hedley Grant P. Chapman (LP, SA)
Senator Helen Coonan (LP, NSW)
Senator Winston Crane (LP, WA)
Senator the Hon John Faulkner (ALP, NSW)
Senator Alan B. Ferguson (LP, SA)
Senator Jeannie Ferris (LP, SA)
Senator The Hon Brian F. Gibson, AM (LP, TAS)
Senator Brian Harradine (IND, TAS)
Senator Steve Hutchins (ALP, NSW)
Senator Susan C. Knowles (LP, WA)
Senator Meg Lees (AD, SA)
Senator Ross Lightfoot (LP, WA)
Senator Kate Lundy (ALP, ACT)
Senator Brett J. Mason (LP, QLD)
Senator Julian J.J. McGauran (NPA, VIC)
Senator Aden D.Ridgeway (AD, NSW) appointed for arts issues
as at 30/09/99
Senator the Hon Chris Schacht (ALP, SA)
Senator John O. W. Watson
Committee Secretariat
Ms Roxane
Le Guen, Secretary
Ms
Stephanie Holden, Senior Research Officer
Department
of the Senate
Suite S1.57
Parliament
House
Canberra
ACT 2600
Tel: 02 6277 3526
Fax: 02 6277 5818
Email: erca.sen@aph.gov.au
Senate
Environment, Communications, Information Technology and The Arts Legislation
Committee
Report to the
Senate
Introduction
On 9 May 2000 the following documents were referred to
Legislation Committees for examination and report:
- Particulars of Proposed Expenditure
for the service of the year ending on 30 June 2001 [Document A -
Appropriation Bill (No. 1) 2000-2001]
- Particulars of Proposed Expenditure
for the service of the year ending on 30 June 2001 [Document B -
Appropriation Bill (No. 2) 2000-2001]; and
- Particulars of Proposed Expenditure
for the service of the year ending on 30 June 2001 [Document C -
Appropriation (Parliamentary Departments) Bill (No. 1) 2000-2001)]
The Committee was required to report to the Senate on
Thursday, 22 June 2000.
The Committee conducted hearings on the Environment and
Heritage portfolio on Monday 22 May and on the Communications, Information
Technology and the Arts portfolio on Wednesday 24 May and Thursday 25 May 2000.
Questions on notice - date for response
The Committee agreed that the date for replies to questions
placed on notice at the hearings would be Friday 30 June 2000. During the
Environment portfolio hearings, Senator Bolkus stated that he was reluctant to
place questions on notice because answers had not yet been provided on the
previous batch of questions placed at Supplementary Additional Estimates in
early May 2000.[1] However, the Minister,
the Hon. Senator Robert Hill indicated later in the day that answers to the
questions had been made available a few hours earlier.[2]
Commercial-in-confidence claims
The issue of commercial-in-confidence was raised in relation
to questions put on notice to Telstra at the Supplementary Additional Estimates
hearings on 3 May 2000. Referring to Telstra’s response that it was not
prepared to divulge publicly contractual information relating to a contract
between Telstra and Leighton Holdings but would make it available to members of
the Committee only, the Deputy Chair of the Committee, Senator Bishop noted
that he rejected that position and that ALP Senators would pursue that issue
further with Telstra within the confines of the Senate.[3]
Portfolio Specific Issues
Communication, Information Technology and the Arts Portfolio
Telstra
Representatives of Telstra Corporation were questioned at
great length by the Committee and the following issues were canvassed:
- the possible causes of the recent
fall of $1billion in Telstra’s share value;
- the proposed deals between Telstra
and Pacific Century Cyberworks, Telstra and Sausage-Solution 6;
- the proposed content deal with the
ABC and the stage reached in the negotiations of the term sheet;
- the customer billing trials and the
ADSL pilot rollouts in particular;
- the proposed sale of the Network
Design Corporation;
- the issue of employment levels in
Telstra and the proposed redundancies of 25,000 staff over 3 or 4 years,
including the superannuation arrangements for those staff;
- Telstra’s restructure of the Rural
and Regional Unit;
- submissions from Telstra customers to
the Call Zone Review;
- the impact of the GST on Telstra’s
prices;
- the late payment policy of Telstra,
in particular the charging of a $5.00 late payment fee;
- Telstra’s implementation of the new
Customer Service Guarantee standard;
- the operation of Telstra’s call
centres especially in rural areas such as Alice Springs;
- the analog close down and the issue
of CDMA roll out and CDMA coverage;
- Telstra’s decision to end its
sponsorship of Clean Up Australia Day;
- Telstra’s provision, in partnership
with Hughes and Ericsson, of access to the Big Pond satellite to
customers;
- the operation of the
Newbridge-Llanelly telephone exchange;[4]
- privacy considerations relating to
Big Pond customers;
- the joint venture between Telstra and
Plessey, known as Ples Tel; and
- Telstra’s research and development
strategies.[5]
Australian Broadcasting Authority
Senators asked officers of the ABA questions about the
following matters:
- the level of complaints to the ABA
about offensive material hosted on Australian and overseas Internet sites;
- the ABA’s anticipated role in the
proposed government moratorium on online gambling;
- clarification regarding the outsourcing
of the ABA’s functions;
- the reference in the Budget papers to
the winding down of staff levels in relation to staff assigned to digital
spectrum planning;
- the ABA’s workload in relation to
Single Frequency Networks (SFN) trials and spectrum interference; and
- steps taken to address spectrum
planning as it affects users of medical telemetry equipment and to warn
them of the possible cost of replacing inappropriate equipment.
Members of the Committee also engaged in sustained
questioning of the ABA on the issue of spectrum planning and allocation, and
spectrum auction including the prices that might be reached at auction.[6]
Australian Broadcasting Corporation
The following matters were raised with representatives of
the ABC:
- the level of funding allocated to
the ABC for conversion to digital television;
- whether, and if so how, the ABC
plans to find external sources of revenue;
- ABC management’s views on
multichannelling, children’s programming in the digital environment and
HDTV;
- the proposed ABC online content deal
with Telstra; and
- the engagement of headhunters by the
ABC.[7]
Other portfolio agencies questioned included:
- Australia Post on the issue of the
relationship between its Licensed Post Offices (LPOs) and Rural
Transaction Centres;[8]
- the Australian Communications
Authority (ACA) on the planned spectrum sales and the projected sums that
might be raised from the auctions; on its telecommunications consumer
satisfaction survey and its monitoring of the operation of the new
customer service guarantee standards and also on the issue of mobile
number portability;[9]
- the Australian Film Commission on
its decision to cease funding of the Australian Film Institute’s research
department and distribution arm and on the situation of Australian film
makers and script writers generally;[10]
and
- the Australian Film Finance
Corporation on the state of its finances and the proposed review of those
finances.[11]
A large number of questions on the state of the air
conditioning system at the National Gallery of Australia were directed at
officers of the NGA with Senators requesting details of the monitoring
mechanisms in place to check that system.[12]
Other issues pursued by Senators included:
- the organisation, staffing structure
and functions of the National Office for the Information Economy (NOIE)
and questions about its Sydney office;[13]
- the government’s IT outsourcing
program and the Building IT Strengths program;[14]
- the issue of USO tender and proposed
government legislation to implement its policy;[15]
- the government’s regional communication
partnership with NTL;[16]
- the matter of Internet gambling;[17]
- the current inquiry into the level
and quality of telecommunications services provided by Telstra (TSI)[18]; and
- the use of Networking the Nation
funds. [19]
Mobile phones
The Committee had a discussion about the use of mobile
phones during Committee public hearings and the Chair pointed out that mobile
phones are not permitted in the Senate and should therefore be switched off
during Committee hearings.
Environment and Heritage Portfolio
Questions were asked and placed on notice about the
following issues:
- the discontinuation of the
Department’s participation in international environmental science forums;[20]
- the leaking of a pipeline containing
tailings water from the Ranger uranium mine;[21]
- severe weather forecasting by the
Bureau of Meteorology as well as cost recovery revenues and the Bureau’s
new supercomputer;[22]
- illegal fishing in Australian waters;[23]
- decisions made by the Antarctic
Animal Ethics Committee - particularly the approval of hot-iron branding
of elephant seals;[24]
- the impact of aquaculture, the east
coast prawn fishery and the Stuart oil shale project on the Great Barrier
Reef Marine Park;[25]
- the decision to delay extending the
list of substances in the National Pollutant Inventory from 36 to 90
substances;[26]
- the Best Practice and Environmental
Management in Mining project as well as incidents involving Australian
mining companies overseas;[27]
- the status of the world heritage
assessment and nomination for the Sydney Opera House, the Blue Mountains
and convict sites;[28]
- the allocation of $6 million to the
Sydney Harbour Federation Trust;[29]
- issues arising from the mid-term
review of the Natural Heritage Trust as well as the impact of the Goods
and Services tax on Trust grants;[30]
- resources required for an inquiry
into biological resources;[31] and
- various issues relating to greenhouse
gas abatement programs.[32]
Acknowledgements
The Committee expresses its appreciation for the assistance
given during the hearings by Senators the Hon. Robert Hill, the Hon. Chris
Ellison and the Hon. John Herron. The Committee also acknowledges the
assistance of departmental and agency officers and the services of the
Parliamentary staff involved in the Estimates process.
Senator Alan Eggleston
Chair
Dissenting report by ALP Senators
Commercial in Confidence claims
A problem appears to be developing in relation to claims of
commercial-in-confidence by some government agencies and Telstra. ALP Senators
asked for details relating to the nature, duration and total value of current
contracts between Telstra and Leighton Holdings.
It should be noted that Mr Besley who is currently chairing
a public inquiry into Telstra service standards has been involved with the
Leighton Group. In response to a question put on notice to Telstra at the
Supplementary Additional Estimates hearings in early May 2000, Telstra advised
that the material was commercial-in-confidence. This means that ALP Senators
would be restricted in the use of material obtained through open parliamentary
processes. There may well be legitimate public interest in public disclosure of
these matters. ALP Senators think it appropriate to draw the attention of the
Senate to this issue. We have formed a preliminary view that Telstra’s use of
the commercial-in-confidence response is inappropriate in this context. As
stated by Senator Bishop during the Estimates public hearings:
At this stage, that is not a restraint that we are prepared to
accept. We are of the view that Leighton Holdings might do a lot of contractual
work, construction work, for Telstra. Its chairman has chosen to do this job
and enter into the public arena, and in fact do a very public inquiry upon
which the future of Telstra may well be decided if the government accepts
firstly, his findings and secondly, his recommendations. On that basis, we are
not satisfied that the nature of current contracts-note, current contracts, not
past contracts- does not impinge upon the welfare of his company. So I would
invite you to review that decision, Mr Stanhope, and advise you that we will
pursue this matter further, at this stage within the confines of the Senate.[33]
This dissenting Estimates report is a most unusual
occurrence for the Environment, Communications, Information Technology and the
Arts Legislation Committee. It is occasioned by the concern felt by ALP
Senators at the increasing resort by government agencies to
commercial-in-confidence claims as a response to requests for full public
disclosure of relevant material.
Senator Mark Bishop
ALP (WA)
Senator Nick Bolkus
ALP
(SA)