As the accountable authority of the Department of the Senate, I present the department's annual performance statements for 2022–23, 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
28 September 2023

Performance reporting framework

Overview

In 2022–23, the department supported the first year of a new Parliament following the May 2022 election and successfully achieved its purpose of facilitating and supporting all parliamentary meetings required under decisions of the Senate and its committees. 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:

• supported the opening of the 47th Parliament and the induction of new senators (see 2021–22 Annual Report for detail of preparations)
• 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, and provided learning and development opportunities
• managed the department's response to the ongoing pandemic to maintain the department's capabilities, and
• delivered its services in a cost-effective manner and in accordance with accountability requirements.

The department worked closely with the other parliamentary departments and other entities in the broader parliamentary environment to deliver its services, to improve support for the Parliament and the work of its members, and to support collaborative and efficient parliamentary administration. During the reporting period this collaborative work included further implementation of the recommendations of the Set the Standard report and a number of joint ICT projects such as improvements to systems which support the production and publication of committee reports.

The department's financial result for the year was a deficit of $1.923m (excluding asset-related adjustments). The deficit was due to increased expenses incurred as a result of continuing elevated level of support required for committees. In this regard, the department welcomes the ongoing funding agreed to in the 2023–24 Budget which returns the department to a sustainable financial position over the forward estimates.

An analysis of the department's financial performance and the financial statements is located at the 'Management and accountability' and 'Financial statements' sections of this report.

These annual performance statements record the department's results against the planned performance table in figure 2 (on page 17), which is derived from its 2022–23 Corporate Plan and 2022–23 Portfolio Budget Statements. 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 high levels of satisfaction with what is provided. The Senate's requirements at the beginning of the 47th Parliament continued to be driven by a large crossbench and sustained high levels of committee and legislative activity. Factors influencing demand are analysed further throughout this report.

Before addressing the department's performance in detail, this year's report once again includes a case study, this time examining the support the department provided in relation to a committee inquiry into a government bill (see figure 3, on page 18). The case study builds on previous case studies by demonstrating the support the department provides to the Senate, its committees and senators to inquire into and report on legislative proposals.

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

Text version of Case study infographic

Case study narrative – Committee inquiry into the Safeguard Mechanism Bill

Case studies illustrate the types of support the Department of the Senate provides to the Senate, its committees and senators and how that support is affected by the electoral cycle. Previous case studies considered the support the department provided to the opening of the Parliament, to the Senate during a single sitting week and, over a number of months, in relation to a particular bill. This case study provides an overview of the department's role in supporting an inquiry into the Safeguard Mechanism (Crediting) Amendment Bill 2022 (the Bill). The case study was selected by the department in April 2023.¹

Like most bills which are referred for committee inquiry, the referral of this bill was effected by the Senate adopting a recommendation of the Selection of Bills Committee. The Selection of Bills Committee meets each sitting week to consider which bills introduced to Parliament should be referred for a committee inquiry. The Clerk Assistant (Table) and his team provided secretariat support to the committee including arranging its meeting on the evening of 30 November 2022 and preparing a report to reflect the committee's decisions. In this case, the committee's recommendation to refer the bill for an inquiry was accepted by the Senate without any changes being proposed. Where a senator wishes to propose changes to the bills referred for inquiry or the date for an inquiry to report, the department assists with the drafting and circulation of those procedural amendments.

The Bill was referred to the Environment and Communications Legislation Committee (the committee) on 1 December 2022. The committee secretariat then completed initial work to advertise the inquiry and seek submissions. This included confirming a closing date for submissions with the committee. Secretariats usually propose a timetable and process for the inquiry to the committee. For example, they generally suggest a closing date which ensures submissions are received in time to hold public hearings some days before the reporting date which has been set by the Senate. However, it is the committee which determines these matters.

The committee published 34 submissions. This a typical number for a bill inquiry. The secretariat supported the committee in several ways during the period the inquiry was receiving submissions. There were firstly the administrative tasks associated with acknowledging and publishing submissions to the website. The secretariat also provided research support to the committee, analysing submissions and using them as the main source for developing suggested hearing programs and possible questions for committee members to put to witnesses.

The secretariat managed the receipt and publication of a large volume of additional documents for this inquiry including 15 sets of responses to questions on notice, 22 tabled documents and 13 additional documents provided by witnesses. The secretariat implemented the committee's decisions to publish these documents as part of its inquiry including ensuring they were available as soon as possible on the committee's website in order to inform other participants in the inquiry.

The committee also published a letter from the Minister for Climate Change and Energy raising a public interest immunity claim in relation to information requested by the committee and a letter correcting evidence provided by Orica, a company that appeared at a public hearing.

The Minister's letter followed a process set down by the Senate where ministers who wish to resist providing information to an inquiry must specify the harm to the public interest that would arise from disclosure of the information. These are the types of procedural matters that committee secretariats routinely provide advice about to committee members and people providing evidence to inquiries.

On 27 and 28 February 2023, the committee held two public hearings in Canberra including some witnesses and senators participating via videoconference. In the days leading up to the hearings, the secretariat supported the committee by contacting prospective witnesses and advising them of any specific details about the hearings and the protections that parliamentary privilege provides to all witnesses. The secretariat managed the appearance of 68 witnesses from environmental groups, academic experts, think tanks, mining companies, peak business and industry bodies, unions and government departments and agencies. This is a relatively large number of witnesses for a bill inquiry reflecting the intense political interest in this bill.

The secretariat provided both practical and procedural support to the committee and witnesses in relation to the hearings including scheduling the appearance of witnesses, answering queries from witnesses, preparing briefing material for the committee and coordinating with officers from the Department of Parliamentary Services who provide the broadcasting and transcription support to the hearings. While participation in hearings using videoconferencing is now very common, it does involve some additional coordination with witnesses and the broadcasting team in the Department of Parliamentary Services.

The secretariat supported the committee with procedural advice, which in this case included the process for the committee to seek an extension of time to report when the Senate was not sitting. The committee was initially instructed to report to the Senate by 2 March. Occasionally committees seek additional time to complete their inquiry. In this case, the committee sought an extension to 6 March by tabling a progress report on 20 February seeking the extension. Such a report meets the technical requirement for the committee to report by the date set by the Senate while flagging the committee's request for more time to finalise its substantive report. In this case, the extension allowed the committee to consider and incorporate in its reports the evidence received at its public hearings.

Under the Senate's standing orders, the secretariat is required to draft an initial report on the instructions of the committee chair. If resources permit, the secretariat may also assist with dissenting reports or additional comments from committee members who disagree or wish to elaborate on the committee's main report. For this bill inquiry, the chair's draft was produced against a very tight timeframe with only three business days between completion of the hearings and tabling of the final report of the committee on 6 March 2023. Secretariats often receive limited explicit instructions from chairs but are able to produce a draft close to the chair's requirements by developing a detailed understanding of the chair's policy positions and their drafting preferences.

The secretariat arranged a private meeting of the committee to consider the chair's draft report. Once the committee had agreed to the report, the secretariat made changes agreed by the committee. The secretariat also proofed and formatted a dissenting report for Coalition senators, a dissenting report for Australian Greens senators and additional comments from Senator David Pocock. The department's printing team produced the final report for tabling (ie the formal presentation of the report to the Senate) and, as soon as the report tabled, the Senior Clerk's Office published the report on the internet.

The report of the majority of the committee recommended that the bill be passed but also made four other recommendations related to: an amendment to the bill; the implementation of recommendations made by Professor Chubb's independent review of carbon credits; further consideration of a proposal raised in evidence for the government to implement a carbon border adjustment mechanism; and additional monitoring and reporting associated with the Safeguard Mechanism. Non-government senators also made recommendations in their dissenting reports or additional comments, many of which were reflected in amendments they subsequently moved to the bill during debate in the Senate. The inquiry process often helps to crystallise the policy positions of senators with respect to legislation and informs the amendments they then propose in the Senate.

To put this case study into broader context, the Senate referred 75 bills to committees during 2022-23.

Results

The balance of these annual performance statements reports on the department's performance in each of its key areas of service delivery and activity.

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 responsibilities of the department is providing advice about the operations of the Senate and its committees. This advice is often given verbally and immediately by the Clerk, Deputy 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 orally and in writing. Committee secretaries are supported in providing advice by the Clerk Assistant (Committees) and the Senior Clerk of Committees, ensuring advice to committees is consistent, timely and accurate.

Senators and other recipients of written advice continued to acknowledge its value, and advice was invariably 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 often 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 and several senators expressed their satisfaction with such advice in contributions in the Senate or informally.

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 the 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 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 in Hansard, feedback from senators and their staff 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. This strengthening of institutional capability was also delivered through senior officers training additional staff to provide support and advice to senators as clerks at the table.

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 2022–23 through two program components.

1. Secretariat support for the Senate

The department provided secretariat support for the Senate on each of its 56 sitting days (an increase on the 33 sitting days in the previous financial year), including an additional sitting day on 15 December (when the Senate was recalled to consider a government bill) and several sitting days where the Senate agreed to sit for additional hours.

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 opening of parliament and the swearing in of a new senator who filled a casual vacancy during the year.

The Table Office and the Senate Public Information Office (SPIO) published the Senate's formal records as well as 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. A growing proportion of documents and other information is published online, enhancing the ability of senators and others to follow and participate in Senate proceedings, and further improvements to digital publishing processes 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 and training for new chairs of committees
• logistical support for meetings (including interstate hearings and meetings via videoconference) and site visits
• preparation of meeting documents, including briefing documents, 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, six Senate select committees, two joint select committees and five other joint committees, undertaking between them, at one point, 65 separate inquiries. Secretariat staff in the Committee Office processed more than 11,926 submissions, arranged 256 public hearings, including 91 estimates hearings (which heard from 5,520 witnesses) and 508 private meetings. The Senate made 125 references during the year and the office drafted 121 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. In particular, they work with the chair to prepare draft reports. This provides an opportunity for direct and immediate feedback about senators' satisfaction. Importantly, these open lines of communication allow the Committee Office to be responsive to feedback, and to make improvements to service delivery whenever it is required. Secretariat staff have been able to tailor their service delivery to respond to feedback received from senators during the survey of chairs, and also from other senators and their staff during the year.

Despite the significant workload, this direct feedback continued to indicate high levels of satisfaction. Senators referring to committee reports during debates in the Senate also indicated high levels of satisfaction with the support provided by secretariat staff.

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 2022–23 was supporting the suite accommodation needs of senators, which is always a large and complicated task following a change in government. The office facilitated 56 suite moves during the year in addition to the vacating of suites by senators not returning after the election. Accommodating all senators following the election was particularly challenging with ministerial arrangements resulting in a shortfall of available suites in the Senate wing. Temporary accommodation was provided for three senators in the House of Representatives wing while additional suites were constructed. All senators were accommodated in the Senate wing by May 2023.

The first half of the year saw a number of ceremonial events supported by the Usher of the Black Rod's office. The opening of Parliament occurred on 26 July 2022, requiring a significant coordination effort across the parliamentary departments and key central agencies. A spike in COVID-19 cases necessitated a change to arrangements from prior years with a smaller contingent of invited guests and changed arrangements for the seating of members of the House of Representatives.

In addition, the passing of Her Majesty Queen Elizabeth II and the proclamation and accession of His Majesty King Charles III in September 2022 was marked at Parliament House with a number of formal ceremonies. The Usher of the Black Rod's office assisted with the organisation of the events and facilitated the ceremonies as appropriate.

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.

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 delivers public information and parliamentary education in a number of ways, primarily through the publication of information on the Parliament's website (aph.gov.au) and the delivery of seminars, training and education programs to senators and their staff, the public service, community groups and school students.

In this reporting period, the Procedure Office delivered 20 seminars for public service officers and community groups, 26 training sessions for senators and their staff, and three public lectures, as well as publishing material on the role and work of the Senate and its committees to both internal and external audiences. Formal and informal feedback about these services, for example from senators, training participants and our seminar audience, indicates that the programs effectively met their objectives.

The Parliamentary Education Office (PEO) continued to deliver high quality education programs to students, in person at Parliament House and via videoconference across Australia. 2,247 education programs were provided to school groups at Parliament House and 357 programs were delivered via videoconference. Feedback collected indicated high levels of satisfaction with all programs. The PEO website (peo.gov.au) continues to be well utilised, with approximately 1.4 million individual users. Feedback about the educational information and resources on the website was very positive.

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 (a live update on proceedings) and Senate Daily Summary (an informal summary of each day's proceedings) 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 continued to refine 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, including through its appearance before estimates hearings in November 2022 and February and May 2023. The Clerk provided the Finance and Public Administration Legislation Committee with a briefing on the department's support to committees prior to each round of Senate estimates.

These activities provide an important accountability mechanism by which senators may test advice provided by departmental officers and evaluate the department's performance. The department also responded to 25 questions on notice which were published on the committee's website.

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.

Analysis

The department reports against the performance indicators contained in its portfolio budget statements, tabled in the Senate in April 2022 and then revised for the October 2022–23 Budget, and those in its Corporate Plan for 2022–23. 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. 2022–23 was the first year of the 47th 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.

One significant factor during this reporting period was the change of government, following the 2022 election, and the resulting need to provide support and training to new senators and senators taking on new roles.

The Senate sat on 56 days. High levels of committee activity continued, with six Senate select and two joint select committees supported during the year in addition to the 16 legislative and general purpose committees, and the five joint statutory committees.

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:

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 2022–23, 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 2022–23. 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.

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.

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¹ A different bill had been selected earlier in the reporting cycle however it was not referred to a committee supported by the department. The replacement bill was selected with a view to choosing a case study which met the same criteria namely that: it was legislation that may be familiar to the public and was sufficiently contentious so that the committee had received submissions and held hearings.