For the sitting period 4-13 February
1997
VACANCIES AND VOTING
The sudden and lamentable death of Senator Panizza created a
vacancy at the very beginning of the 1997 sittings which will not
soon be filled. The Western Australian Parliament does not meet
until 6 March. The state government adheres to the strict
construction of section 15 of the Constitution and does not advise
appointments to vacancies by the Governor unless the Western
Australian parliament is prorogued; although this is the situation
at present it is not clear that a Governor's appointment will be
made (see Odgers' Australian Senate Practice, 7th ed,
electronic version, pp 130-1). The announced and impending
resignation of Senator Woods appears to have been delayed because
the Parliament of New South Wales, also a strict constructionist
state in relation to section 15, does not meet again until early
April, but the Houses are only adjourned. Contrary to some press
speculations, however, vacancies involving members of the major
parties do not affect voting in the Senate because of the practice
of pairing vacancies, a practice which was recently confirmed by
the Leader of the Opposition in the Senate, Senator Faulkner.
ORDERS FOR PRODUCTION OF DOCUMENTS
The Finance and Public Administration References Committee
presented on 5 February its report on the Senate's permanent order
for the production of indexed lists of government department files.
The committee recommended a modification of the order in relation
to classified files and a trial publication of the lists on the
internet.
An order was passed on 11 February for the production of
documents in connection with a defence exercise to be conducted
near the Barrier Reef. Documents in response to this order were
produced on 13 February, as were documents in response to a motion
passed earlier on the same day requesting information concerning
the transportation of nuclear waste.
LEGISLATION AMENDED, REJECTED
The disagreement between the Senate and the government over
Senate amendments to the Social Security Legislation Amendment
(Newly Arrived Resident's [sic] Waiting Periods and Other Measures)
Bill 1996 (see Bulletin No. 110 pp 1-2) was settled on 12 February.
The Senate insisted on some of its amendments, did not insist on
others and agreed to several further amendments to the bill. The
result was then accepted by the government as part of a compromise
agreement.
In connection with that bill, the Chairman of Committees,
Senator Colston, made a statement on the effects of equally divided
votes on the questions to determine whether the Senate would insist
on its amendments, referring to the 1993 ruling on this subject
(see Odgers' Australian Senate Practice, 7th ed,
electronic copy, p 264). In the event, however, there were no
equally divided votes on any of the questions.
The Hindmarsh Island Bridge Bill 1996 was rejected by the Senate
at the third reading on 10 February. This followed
considerable debate on the bill, during which complex issues were
explored, including the nature and extent of the Aboriginal affairs
power in the Constitution and the relationship of the bill with the
Racial Discrimination Act and the Heritage Protection Act. It was
said that the bill would not affect the proposed building of the
bridge one way or the other. To the delight of various
commentators, there is now a definite first stage of a double
dissolution "trigger" in place.
The Chairman of Committees also made statements on 10 and 12
February in relation to government amendments to the Customs
Amendment Bill (No. 2) 1996 and the Veterans' Affairs Legislation
Amendment (1996-97 Budget Measures) Bill 1996. The amendments were
presented as requests when they clearly should have been
amendments. In relation to the first bill, it was not classified as
a bill imposing taxation but the amendments were presented as
requests because it was apparently thought that they would increase
the tax, although this was clearly not the case. In relation to the
second bill, the explanatory memorandum accompanying the amendments
made the remarkable statement that "The requests do not have any
financial impact." How it was thought that amendments with no
financial impact could be requests remains a mystery. The
amendments were moved as amendments at the direction of the
Chairman and accepted as such by the government in the House of
Representatives.
STANDING ORDERS AMENDMENTS
The Senate adopted on 13 February extensive amendments
recommended by the Procedure Committee to incorporate into the
standing orders many continuing and sessional orders. Some
modifications were made to the procedures incorporated to reflect
agreements in relation to sitting times and the routine of
business. A statement was made by the President indicating that
agreement had also been reached on the allocation of questions at
question time, a matter which had delayed action on the standing
orders changes. The allocation of questions is to remain in
accordance with recent practice.
COMMITTEES
The additional estimates documents were referred to the
references committees on 6 February to begin the additional
estimates scrutiny. The committees are to meet later in February
and in early May for their supplementary hearings.
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
5.2 |
Finance and Public Administration References |
Report—Review of the Operation of the Order for the
Production of Indexed Lists of Departmental Files |
" |
Scrutiny of Bills |
1st Report and Alert Digest No. 1 of 1997 |
6.2 |
Employment, Education and Training
Legislation |
Additional Information—Estimates 1996-97 |
13.2 |
Community Standards Relevant to the Supply of
Services Utilising Electronic Technologies Select |
Report—Portrayal of Violence in the Electronic
Media |
" |
Finance and Public Administration Legislation |
Report—Ombudsman Amendment Bill 1996 |
Inquiries: Clerk's
Office
Ph: (02) 6277 3364