Overview

The Clerk of the Senate, Richard Pye, manages the department in accordance with the Parliamentary Service Act and other legislation. The Clerk is also the principal adviser to the President of the Senate and senators on proceedings in the Senate, parliamentary privilege, and committee proceedings and their outcomes in the Senate. The Deputy Clerk of the Senate supports the Clerk in these roles and, with the Clerk Assistant (Procedure), provides procedural and legislative advice and support to non-executive senators. The Deputy Clerk also has particular corporate governance roles, including as the department's senior adviser to the Audit Committee and as chair of the Program Managers' Group. The cost of the office for 2022–23 was $1.0m ($0.9m in 2021–22).

Advice and information

The provision of advice, particularly to the President, senators and parliamentary committees, is a core function of the department and a priority for the Clerk's Office. With the change in government, a key responsibility of the office was providing briefings and support to the new President, Senator the Hon. Sue Lines, the new Deputy President, Senator Andrew McLachlan CSC, and other senators assuming new offices.

The Presiding Officers commenced negotiations for a new memorandum of understanding (MOU) regarding the exercise of covert investigative powers where parliamentary privilege may be involved. The Deputy Clerks of the Senate and House of Representatives provided secretariat support to a working group of parliamentarians led by the Presiding Officers to negotiate the terms of this MOU with the Australian Federal Police (AFP) and the Attorney-General's Department.

More generally, advice to senators and committees was often provided immediately, particularly in the Senate chamber, in private meetings of committees, and to senators who sought advice in person. Such verbal advice is impossible to quantify in any meaningful way, but the number and kinds of written advices provide some indication of work undertaken.

Written advice

The number of requests for written advice was significantly higher than previous financial years, with some of that demand reflecting the need to support senators in new roles. Advice addressed a diverse range of matters, predominantly concerned with either Senate or committee procedure, and included requests related to parliamentary privilege, compliance with orders for the production of documents and claims of public interest immunity by the executive. Figure 4 shows the number of written advices provided by topic, while figure 5 shows demand over recent years. The Clerk's Office continued the approach of providing succinct, less formal advice, where appropriate, with a view to directly addressing the needs of the senator requesting the advice.

Figure 4 – Types of written advice provided by the Clerk, 2022–23

Figure 5 – Number of advices provided by the Clerk's Office, 2019–20 to 2022–23

Performance indicators for provision of advice focus on timeliness and accuracy. Senators and other recipients of advice continued to acknowledge its accuracy and its value. All advice was provided in time to meet the purposes for which it was sought. Most advice is provided on a confidential basis and it is for the recipient to decide whether to release it, and if so, on what basis. On several occasions during the year, recipients of advice published it which allows it to be tested through public scrutiny. The reliance of senators and committees on unpublished advice also allows its accuracy and utility to be tested (though not publicly demonstrated). As this advice can inform the actions of senators, the Senate and its committees, as well as public debate, all advice is prepared to the highest standards.

Procedural information

The Clerk produced ten issues of the Procedural Information Bulletin summarising the major procedural developments and matters of procedural interest arising during each sitting period and the three rounds of estimates hearings. Updates on procedural and administrative matters affecting senators were also published to an intranet site for senators and their staff, Senate Connect.

The fourth supplement to the 14th edition of Odgers' Australian Senate Practice was published in September 2022. Most notably, this updated supplement recorded procedural changes made to accommodate lockdown and quarantine requirements in the work of the Senate and its committees in 2021; the evolution of the thinking of the Committee for the Scrutiny of Delegated Legislation on disallowance principles; and contests between the Senate and executive over public interest immunity claims.

The Clerk and Deputy Clerk prepared and presented sessions in the department's learning and development program, and in other forums for parliamentary staff and officers from Commonwealth agencies. They also provided 19 procedural training sessions to senators (including an initial orientation program for senators whose terms commenced after the 2022 election) and 15 training sessions to senators who took on the role of temporary chair of the Senate.

Committees

The office provided secretariat support to two Senate standing committees. Advice and support was acknowledged as meeting the needs and timeframes of the committees and their members.

Procedure Committee

The Clerk served as secretary to the Procedure Committee, which responds to references from the Senate or the President by evaluating, and recommending improvements to, Senate procedure.

The committee presented two reports during the year. The first tabled in September 2022 and examined the Senate's hours of meeting and routine of business. The second report tabled in March 2023 and examined a proposal from Senator Roberts that senators be able to privately review documents subject to a claim of public interest immunity.

Committee of Privileges

The Deputy Clerk served as secretary to the Committee of Privileges, which met eight times in 2022–23 (ten in 2021–22) and presented two reports. The committee protects the integrity of Senate and committee proceedings by inquiring into matters which may amount to contempt of the Senate. Those matters, which arise from concerns raised by other committees or individual senators, are referred to the committee by the Senate.

On 7 March 2023, the committee reported on an inquiry relating to possible obstruction of the work of the Parliamentary Joint Committee on Law Enforcement. The inquiry related to allegations that Senator Thorpe may have impeded the work of the joint committee. Unusually, Senator Thorpe initiated the referral to the Committee of Privileges. On the basis of the evidence it received, the committee was satisfied that the joint committee had not been impeded. The Senate adopted the committee's conclusion that no contempt should be found.

Strategic direction and governance

A key responsibility of the office and the department's senior executive is to set the strategic direction of the department. The long-term priorities of the senior executive remained maintaining workforce capability and the adoption of enhanced ICT capabilities. In relation to workforce capability, an important area of focus this year was strengthening the department's workforce diversity and inclusion policies and plans. During the election period, a small team of departmental staff from various offices developed draft action plans for different diversity characteristics. This work formed the basis of consultation with staff and the first of these specific actions plans was finalised during the year. The department also updated its overarching workplace diversity and inclusion policy and action plan.

In close collaboration with our ICT colleagues in the Department of Parliamentary Service, projects to implement a new online tabled documents system and upgrade the system used to produce and publish committee reports were delivered during the year. These projects improve the efficiency of the department's operations by improving integration of information technology systems into the processes of the Senate and its committees. Further details of these projects are set out in the chapters detailing the activities of the office which led each project.

The Deputy Clerk was the department's senior adviser to its Audit Committee and chaired the Program Managers' Group. An important area of work for Program Managers was ensuring the department's policies and practices supported its capacity to recruit and retain staff in a tightening employment market.

During the financial year, the Clerk attended four meetings of the Heads of the Parliamentary Departments. This group provides a forum to support coordination across the parliamentary service on administrative matters and to set the strategic direction of the service.

The Clerk and other senior officers continued to collaborate with their counterparts in the other parliamentary departments in relation to parliamentary administration. This collaboration is essential for the departments to provide effective support to the Parliament and its committees but it also delivered efficiencies particularly for the smaller departments in the parliamentary service. During the year, the newly established Parliamentary Workplace Support Service was increasingly drawn into these arrangements.

More information on governance is in the 'Management and accountability' chapter.

Performance outlook

The next reporting period, the second year in an electoral cycle, is likely to see sustained high levels of committee and legislative activity. However, the number of requests for procedural advice may ease as senators enter their second year as office holders or in new committee roles.

Work will continue on the 15th edition of Odgers' Australian Senate Practice, as well as updating other supporting procedural resources to reflect changes to Senate procedures and the evolution of practices. Updating of these core procedural resources supports the institutional knowledge required to support the department providing timely, accurate and consistent advice to senators and committees.

The department will continue to refine its corporate governance policies, processes and systems to ensure it maintains the capability of its workforce and improves the efficiency of its operations. This will include completion and implementation of diversity and inclusion action plans which help to ensure the department recruits and retains the strongest possible team and all officers are supported to best contribute to our work.