As the accountable authority of the Department of the Senate, I present the department’s annual performance statements for 2020–21, as required by subsection 39(1) of the Public Governance, Performance and Accountability Act 2013. In my view, these statements are based on properly maintained records, accurately reflect the department’s performance and comply with subsection 39(2) of that Act.

(Richard Pye)
Clerk of the Senate

29 September 2021

Performance reporting framework

Overview

In 2020–21, the department successfully achieved its purpose of facilitating and supporting all meetings required under decisions of the Senate and its committees, including managing the continuing disruptions caused by the COVID-19 pandemic. In doing so, the department provided comprehensive, timely and high-quality support to senators, the Senate and committees, as well as prompt and accurate procedural advice and legislative support.

Throughout the year the department also:

• published a range of materials on the role and work of the Senate and the Parliament, and delivered effective education and information programs
• managed its staff in accordance with its enterprise agreement, provided learning and development opportunities, and managed the department’s response to the pandemic to maintain the department’s capabilities, and
• delivered its services in a cost-effective manner and in accordance with accountability requirements.

The department continued to provide advice and assist the Senate with practical and procedural adjustments required by the pandemic.

The department worked closely with the other parliamentary departments to deliver its services, to improve support for the Parliament and the work of its members and to enhance the strategic direction of the parliamentary service. Other collaborative work during this reporting period included a number of joint ICT projects such as implementation of a digital division recording system and transitioning finance and human resource management systems to cloud-based products.

The department’s financial result for the year was a surplus of $1.798m (excluding asset related adjustments). This result reflects some lag in recruiting additional staff as a result of the delayed timing of the 2020 budget and the continuing impact of the COVID-19 pandemic, including a reduction in large expenditure items such as staff travel to support committees. Nevertheless, without the supplementary funding received in the October 2020 budget, the department would have been significantly overspent against current resourcing levels. A return to typical levels of travel and the trend of increasing demand on the Committee Office will necessitate additional resources to sustain the department’s services and activities. In this regard, the department welcomes the funding supplementation it received in the 2020 and 2021 budgets.

An analysis of the department’s financial performance and the financial statements commence at page 89.

These annual performance statements record the department’s results against the planned performance table in figure 2 (below), which is derived from its Corporate Plan 2020–21 and Portfolio Budget Statements 2020–21. They are based on records of services provided by the department, feedback recorded by departmental staff and comments made by relevant groups and committees.

In summary, this data shows both a high level of demand for the department’s services and advice, and very high levels of satisfaction with what is provided. The Senate’s requirements at the mid-point of the 46th Parliament continued to be driven by the large crossbench and sustained high levels of committee and legislative activity. Factors influencing demand are analysed further below.

Before addressing the department’s performance in detail, this year’s report once again includes a case study, this time examining the progress of a single bill (see figure 3 below). The case study is intended to illustrate the kinds of support the department provides to the Senate, its committees and senators.

Figure 2 – Planned performance

The department is responsible, not to the government of the day, but to the Senate and all senators. In planning terms, the department’s purpose is expressed as a single outcome – provide advisory and administrative support services to enable the Senate and senators to fulfil their representative duties and exercise the legislative power of the Commonwealth.

These services are delivered through a single program.

Figure 3 – Case study infographic

Case study narrative – Senate consideration of a bill

These case studies are intended to illustrate the kinds of support the department provides to the Senate, its committees and senators. The case study included in last year’s annual performance statements looked at a cross-section of the support provided during a single sitting week. This case study has examined the support provided, over a number of months, in relation to a specific bill: the Higher Education Support Amendment (Job-Ready Graduates and Supporting Regional and Remote Students) Bill 2020 (the bill). This bill was chosen as a case study for these performance statements in September 2020 because it relates to an area of contested policy (many bills are not controversial and therefore would not illustrate the full range of support provided by the department).

The bill was agreed by the House of Representatives on 1 September and introduced in the Senate on 2 September.

The Table Office provides secretariat support to the Selection of Bills Committee which considers proposals to refer bills to a Senate committee for inquiry. The Selection of Bills Committee met on the evening of 2 September but was unable to reach agreement about whether the bill should be referred. In such cases, the Senate resolves the issue when it considers whether to accept the recommendations of the report of the Selection of Bills Committee. The Procedure Office provides assistance to non-government senators who wish to propose changes to the committee references recommended by Selection of Bills, for example by proposing that a bill should be referred for inquiry or by suggesting a longer reporting date for an inquiry. The office prepared two proposed changes to this report in relation to the bill. The Clerk’s Office and the Procedure Office also prepared other procedural material during that week to support senators who either opposed the bill or wished to see it referred to a committee for inquiry. Often when senators are still crystallising their views on a bill, they will seek advice on procedural options though many of these may not be pursued.

Ultimately, the Senate referred the bill to the Education and Employment Legislation Committee on 3 September 2020 for inquiry and report by 25 September 2020. The committee secretariat identified organisations and individuals likely to have a view on the bill, advised them of the inquiry and invited them to make a submission. Secretariats have extensive contact lists based upon organisations and individuals who have provided evidence to previous committee inquiries relating to the same area of policy. However, they also conduct additional research to identify other potential submitters, particularly if an inquiry relates to a new or unusual topic. Secretariats operate as the primary point of contact to provide information about the inquiry, the process by which individuals and organisations are able to make submissions, and more general information about the Senate and its committees.

During the short inquiry the secretariat processed 280 submissions as well as 45 form letters and 583 emails arising from a campaign by the National Tertiary Education Union. This involved:

• administrative tasks related to preparing submissions received by the committee for publication on the web;
• research support to distil the key issues identified in the submissions and potential witnesses; and
• procedural advice to the committee about its options for receiving and publishing material submitted to the committee.

The secretariat supported the committee to hold public hearings on 15 and 17 September. As COVID-19 restrictions prevented committees travelling, these hearings were hosted from Canberra with both witnesses and senators (including the chair of the committee) appearing via videoconference. Staff in the Department of Parliamentary Services support committee hearings by managing videoconferences, broadcasting the hearings and preparing hearing transcripts. Practical arrangements for hearings are also supported by staff in the Usher of the Black Rod’s office who manage the booking and set-up of hearing rooms.

The secretariat drafted a report for the committee (initially on the instructions of the chair) and edited three dissenting reports. Secretariats do sometimes also assist with the drafting of dissenting reports but only where resources permit. The bill was one of the 77 bills referred to committees during the year.

The bill was debated across three sitting days from 6 to 8 October. The Table Office provides procedural and administrative support to the government in relation to the programming of its legislation. This includes, for example, advising the government about when bills can be brought on for debate under the Senate standing orders. In this case, the bill could not have been debated before the date the Senate required the Legislation Committee to report on the bill.

The Procedure Office assisted a crossbench senator to prepare an (ultimately unsuccessful) motion seeking to have the bill withdrawn. The office also assisted with the drafting and circulation of proposed amendments to the bill. In addition to the technical complexities of drafting changes to legislation, this is often an iterative process of seeking to match the proposed amendments to the policy position of the senators seeking the amendments. As an indication of this, the office drafted 317 sheets of amendments during the year of which 245 sheets were circulated (a sheet of amendments may have a single proposed change to a bill or many amendments proposing various changes).

On 8 October, Table Office staff circulated government amendments and requests for amendments to the bill, and prepared a running sheet. A running sheet is a suggested order for the consideration of amendments by the Senate. It identifies amendments which are identical, or of similar effect, or which could not coherently sit together (for example a proposal to delete a provision and a proposal to amend it). It also guides the chair and other senators in relation to how particular questions should be framed in order to meet the requirements of the Constitution and the standing orders.

The government successfully proposed a motion on 8 October to change the routine of business (the Senate’s schedule for the sitting day) and limit the time for further consideration of the bill (colloquially known as “the guillotine”). Table Office staff provide advice to government ministers about procedural options in these circumstances and also assist with the drafting of the motion. Often several drafts of such a motion are required to reflect the evolution of negotiations between the government and other parties.

Once the motion was agreed Table Office staff prepared a script to assist the chair of the Senate to put the questions required to conclude the proceedings on the bill. These scripts have to be tailored, sometimes at very short notice, to the stage the bill has reached and the particular amendments proposed.

In this case, one of the government amendments agreed by the Senate was framed as a request. Under the Constitution, the Senate is constrained from directly making amendments which have particular financial consequences. However, the Senate can request that the House make such changes to the bill. Departmental staff drafted a message seeking this amendment which the Usher of the Black Rod’s office had signed by the President and physically took to the House.

When the House returned a message, indicating it had made the amendment to the bill, Senate staff quickly produced scripts for the chair and the minister for the final steps required to conclude consideration of the bill.

The Senate passed 156 government bills during the year, 29 with amendments. This was consistent with the numbers of government bills passed and amended over the past three financial years.

The next part of the annual performance statements analyses the department’s performance in each of its key areas of service delivery and activity.

Results

Advice about the operations of the Senate and its committees

Assessment
Senators (and others) have the advice and support they require to participate in meetings of the Senate and its committees

One of the key outputs of the department is advice about the operations of the Senate and its committees. Much of this advice is given verbally and instantaneously by the Clerk and other senior officers in the Senate, and by committee secretaries and their staff during committee meetings. These officers also provide procedural advice to senators and their staff at other times, both verbally and in writing. Committee secretaries are supported in providing advice by the Clerk Assistant (Committees) and Senior Clerk of Committees, ensuring advice to committees is consistent and accurate.

Senators and other recipients of written advice continued to acknowledge its value, and advice was provided within agreed timeframes to meet the purposes for which it was sought. On occasion during the year, recipients of advice published it as a contribution to public debate, at the same time subjecting it to public scrutiny. When committees seek the Clerk’s advice it is almost always for the purpose of publishing it, to show the basis on which committees may have taken particular decisions or reached particular conclusions. No committee expressed dissatisfaction with advice received.

Advice about the programming of business in the Senate is the responsibility of the Clerk Assistant (Table), as is the provision of advice and support to government Senate office holders. Procedural advice and support for non-government senators is a particular responsibility of the Deputy Clerk and the Clerk Assistant (Procedure). Senators continued to acknowledge the value of their advice. The Procedure Office drafted large numbers of procedural scripts, legislative amendments and private senators’ bills, helping senators participate in legislative proceedings. Amendments and bills accurately reflected the drafting instructions and were prepared within required timeframes and to the satisfaction of senators.

Advice provided by the department was also tested during estimates hearings and in other Senate proceedings and senators relied on such advice throughout the year. In addition to comments made by senators recorded inHansard, feedback from senators provided directly to the Table Office and the Procedure Office indicated high levels of satisfaction with both advice and the levels of administrative support provided.

Procedural briefings among senior officers and the publication and dissemination of procedural resources assisted in maintaining the department’s institutional knowledge and the capacity of officers to provide advice and support.

Secretariat support for the Senate and its committees

Assessment
The department’s activities enable the Senate and its committees to meet in accordance with their decisions

This outcome has been met during 2020–21 through two program components.

1. Secretariat support for the Senate

The department provided secretariat support for the Senate on each of its 48 sitting days.1

During the sittings the Clerk, the Deputy Clerk and senior officers provided advice in the Senate to the President, Deputy President and other occupants of the chair, as well as to other senators and their staff. The Table Office and the Procedure Office provided procedural scripts and advice to assist senators participating in proceedings. Feedback from senators and their staff acknowledged the value and accuracy of this advice and support.

The Black Rod’s Office provided formal and ceremonial support for sittings, including the swearing in of two new senators who filled casual vacancies during the year.

The Table Office and Senate Public Information Office (SPIO) published the Senate’s formal records and informal guides to its work. These resources were accurate and timely, and produced to meet the needs of senators and Senate deadlines. Documents supporting the Senate’s legislative work were also uniformly accurate and timely.

Documents received for tabling were processed, recorded in procedural documents and archived. Increasingly, documents and business information are published online, enhancing the ability of senators and others to follow and participate in Senate proceedings, and further improvements to digital publishing processes and online measures were implemented during the reporting period.

2. Secretariat support for committees

The department provided secretariat support for all committee meetings required under decisions of the Senate and of committees themselves, including those joint committees to which the department provides support. This support was primarily provided by the Committee Office, although other offices also supported a number of standing committees.

Secretariat support for committees encompasses:

• procedural advice for the chair and other members, including advice and support to new senators
• logistical support for meetings (including interstate hearings) and site visits
• preparation of meeting documents, including minutes and agenda
• managing and publishing submissions, and organising witnesses
• research, analysis of evidence and briefings to members, and
• preparation of draft reports, and their finalisation for tabling.

The Committee Office experienced another sustained period of high workload. The office supported 16 legislation and references committees, 11 Senate select committees, two joint select committees and five other joint committees, undertaking between them, at one point, 69 separate inquiries. Secretariat staff in the Committee Office processed more than 10,800 submissions, arranged 395 public hearings (which heard from over 7,500 witnesses) and 563 private meetings. The Senate made 94 references during the year and the office assisted in drafting 175 reports.

Advice, documentation and draft reports were consistently provided to committees in accordance with their requirements. Reports were drafted and presented to the Senate in accordance with the timeframes set by committees and by the Senate.

Secretariat staff work closely with senators to support committees and, in particular, work closely with the chair to prepare draft reports. This provides an ongoing opportunity for direct feedback about senators’ satisfaction. Despite the considerable workload, this direct feedback continued to indicate high levels of satisfaction.

Senators referring to committee reports during debates in the Senate also indicated their high levels of satisfaction with the support provided by secretariat staff.

A survey of satisfaction of Chairs was undertaken through the Chairs’ Committee, providing another avenue of direct feedback about services provided to senators and committees. This feedback indicated very high levels of satisfaction with the services provided and offered suggestions on additional services that could be offered to better support Chairs and committees in the future.

Administrative advice and support for senators

Assessment
Senators are satisfied with the administrative advice and support they receive from the department

The department, principally through the Black Rod’s Office, provides support services to the Senate, to Senate committees and to senators at Parliament House. These services include preparing and supporting the Senate chamber for each sitting day, general office support, asset management, maintenance of equipment and furniture, and stationery services. The office also paid senators’ salaries and allowances as required, organised office accommodation within the Senate wing and provided other services such as arranging transport and delivery services.

The Usher of the Black Rod provided security advice and support to the President, committees, senators and the department. The Usher of the Black Rod and Deputy Usher of the Black Rod also worked with colleagues in the Department of Parliamentary Services (DPS) Security Branch and the Serjeant-at-Arms’ Office, and with the Australian Federal Police, providing the Senate’s perspective on security matters.

A significant focus of the office during 2020–21 was the COVID-19 pandemic. This required measures to be put in place to reduce the risk of transmission while enabling the essential work of the Senate to proceed. The configuration of the Senate chamber was adjusted according to changing health advice to allow for appropriate social distancing and the delivery of services to senators in the chamber was adapted to reduce the risk of transmission. The office also made arrangements for the entry of senators into the Australian Capital Territory (ACT) for parliamentary sittings in consultation with Commonwealth and ACT health officials. The department’s response to the pandemic required significant coordination between the parliamentary departments and health officials.

Services were delivered within established timeframes and met relevant legislative requirements. This aspect of the department’s work involves regular and direct contact with Senate office holders, senators and their staff, and other stakeholders, all of whom provided regular informal feedback which was very positive. Positive comments were also recorded in Hansard about the quality of the support for senators provided by the office and the department. The office conducted a survey of senators during the week of 21 June 2021, 27 responses were received and on average (across all questions) 77 percent rated the services provided as ‘excellent’ and the remaining as ‘good’ or not applicable. No respondents rated any of the services as ‘poor’. Formal surveys regarding other services provided by the department are scheduled for future financial years.

Public information and parliamentary education

Assessment
Public information about the work and role of the Senate and its committees and parliamentary education programs are current and accessible to all

The department continued its public information programs this reporting period including delivering 13 seminars, 14 training programs for senators and their staff, and three public lectures, as well as publishing material on the role of the Senate and its committees. The formal and informal feedback regarding these services indicated that the programs effectively met their objectives. These programs were reduced in the first two quarters of 2020–21 due to restrictions caused by the COVID-19 pandemic.

Through the Parliamentary Education Office (PEO), the department also delivered a comprehensive education program to students able to visit Parliament House. Approximately 450 Australian schools visited, and outreach programs were also delivered to students in New South Wales and the Australian Capital Territory. Feedback collected from these sessions indicated high levels of satisfaction with these services. The number of users of the PEO website remains steady and feedback indicates high levels of satisfaction with educational information and resources provided online. In response to the restrictions imposed due to the pandemic, PEO continued its scaled up delivery of programs via videoconference, delivering sessions to over 8,400 students in this reporting period. This figure represents a 280 per cent increase on 2019–20 participation rates for programs delivered by videoconference.

The Senate Public Information Office (SPIO) develops and publishes a range of public information resources to support the operation of the Senate, including on sitting days the Dynamic Red and Senate Daily Summary and, during estimates hearings, Estimates Live, and manages the department’s web presence including accounts on YouTube (AuSenate) and Twitter(@AuSenate). The office also collates statistics on Senate activity and in this reporting period completed enhancements to the Senate’s online statistical collection, StatsNet. These resources were provided on all sitting days, and accurate, reader-friendly public information resources were delivered within established timeframes.

Capability, governance and accountability

Assessment
All identified accountability obligations to the Senate are met

Senate committees provide opportunities for senators and others to monitor the department’s performance. The department met its accountability obligations to the Senate during the year, particularly through its appearance before estimates hearings. The Clerk and other officers appeared at estimates hearings of the Finance and Public Administration Legislation Committee during each round of Senate estimates and also provided responses to 91 estimates questions on notice, which were published on that committee’s web page. These activities provide an important accountability mechanism by which senators may test advice provided by departmental officers and evaluate the department’s performance in a public forum. The Appropriations, Staffing and Security Committee also has a specific role in relation to the department’s appropriations as well as matters concerning the department’s structure, staffing and ICT and security arrangements. Reports on the department’s financial performance were provided to the President of the Senate and the Appropriations, Staffing and Security Committee, as was the annual report of the department’s Audit Committee. Regular reports on other departmental matters are also provided to the President.

The department again participated in the Australian Public Service Commission APS Employee Census. The department scored highly in all categories and compared favourably to the APS across the survey with improvement in most metrics over the department’s 2019 survey results.

Analysis

The department reports against the performance indicators contained in its portfolio budget statements, tabled in the Senate in October 2020, and those in its Corporate Plan for 2020–21. Those indicators have two dimensions, comprising an assessment of the demand for the department’s services and an evaluation of the department’s performance in delivering those services.

Factors influencing demand

A constant in the department’s planning and reporting has been the recognition that much of the demand for its services shifts in line with levels of Senate legislative and committee activity. Demand is overwhelmingly driven by the requirements of senators, and the decisions and activities of the Senate and its committees. Each year, significant factors include:

• the political dynamics of the Senate
• the number of days and hours, and distribution, of its sittings
• the legislative workload of the Senate
• the number of committees on which senators serve, and
• the number and complexity of committee inquiries.

Each of these is in turn affected by the electoral cycle. 2020–21 was the second year of the 46th Parliament and the Senate’s large and diverse crossbench continued to affect the level of demand for advice, and the character of advice and support required.

Significant factors during this reporting period included the continuing need to comply with the health and safety constraints imposed by the COVID-19 pandemic in relation to scheduled sitting days and committee hearings.

The Senate sat on 48 days after a sitting fortnight was set aside by agreement between the government and opposition, on public health advice. High levels of committee activity continued, with 11 Senate select and two joint select committees supported during the year. This additional activity was funded from one-off supplementation to the department’s appropriation included in the October 2020 budget.

Performance in delivering services

Evaluation of the department’s performance is based upon the degree to which its services meet the requirements of the Senate and its committees, and senators, principally measured against criteria centred on:

accuracy—frequently assessed by considering whether advice or documents were demonstrated to be inaccurate

timeliness—particularly whether advice, documents or services were provided in time to meet the purpose for which they were sought

satisfaction of senators (including committees of senators) with the advice, documents or other services provided—the assessment of which is considered further below.

The particular criteria which apply are described in the department’s portfolio budget statements and in the performance summary tables for each office contained in this chapter.

Monitoring and assessing satisfaction

Much of the department’s work involves contact with senators and their staff, presenting the most direct means of eliciting (often informal) feedback about services and performance, and an avenue for addressing concerns as they are raised. During 2020–21, direct feedback was very positive across all service areas, particularly in relation to core advisory, drafting and secretariat support roles. Senators’ comments about the department and its staff, placed on the public record during Senate and committee proceedings, constitute another valuable source of performance information. These comments continued to be resoundingly positive during 2020–21. The department also monitors its performance through formal and informal channels, including letters, emails, phone calls, seminar evaluation forms and outputs from management information systems. Again, these sources were positive. The direct accountability of the department to the Senate through its committees was noted above at page 22.

The department’s program managers have adopted a formal process for recording and providing feedback to the Clerk to provide assurance for his certification of the annual performance statements. These measures have been provided to the department’s Audit Committee, which has provided advice that the measures and these annual performance statements are appropriate.

The subsequent parts of this chapter report on the activities and performance of the department against the criteria contained in the departmental work plans.