For the sitting period 12-14 May 1998
Orders for production of documents
Having at first refused to produce a consultancy report on the
Australian Broadcasting Corporation and digitisation in response to
an order of the Senate, on the ground that the report was involved
in budget deliberations (see Bulletin No. 123, p. 3), the
government produced the document on 13 May.
Not surprisingly, the controversy about events on the waterfront
was reflected in proceedings in the Senate and resulted in an order
for production of documents. The order was eventually passed on 13
May on the motion of Senator Murray.
The question on his motion was at first negatived because of the
accidental absence of a senator, but in accordance with the usual
practice the question was put again by leave and carried. The order
calls for documents to be presented by the Minister representing
the Prime Minister in the Senate, Senator Hill, and the Minister
representing the Minister for Transport and Regional Development,
Senator Alston, relating to considerations of waterfront reform
generally and contacts with particular companies. The order is
clearly designed to ascertain what the government knew about plans
by Patrick Stevedores to dismiss all their union-member employees.
The order calls for the documents to be tabled by 25 May.
Legislation
The Legislative Instruments Bill was considered by the Senate in
its second incarnation. The bill as introduced included a number of
amendments made by the Senate during its first consideration. It
was again extensively amended by the Senate on 14 May, including in
relation to the vexed question of the power of the Attorney-General
to certify that an instrument is not a legislative instrument.
When this bill was first considered and disposed of in December
last year the Senate made amendments, the government in the House
disagreed with some of the amendments and the Senate insisted on
its amendments. Only then was the bill laid aside. This undoubtedly
provided the first stage of a double dissolution "trigger" under
section 57 of the Constitution. If the bill is treated in the same
way again it will provide an unambiguous "trigger" not subject to
the difficulties attending the Native Title Bill and the Public
Service package of bills (see Bulletins Nos. 121 p. 1, 122 p. 2,
123 p. 1-2).
The reference of the legislation concerning the digitisation of
television broadcasting to a committee caused some disputation. The
Selection of Bills Committee reported on 13 May that the bills
should be referred to the Environment, Recreation, Communications
and the Arts Committee but there was no agreement on whether it
should be the legislation or the references committee or on the
date for reporting. This led to the unusual situation of a motion
to adopt a Selection of Bills Committee report being debated and
amended. The motion was not moved until the day after the report
was presented, and, after debate and amendment, the bill was
referred to the legislation committee with the reporting date
suggested by the government. Senator Harradine pointed out that the
Senate could extend the reporting date if that appeared appropriate
to the Senate.
The Social Security Legislation Amendment (Youth Allowance
Consequential and Related Measures) Bill 1998 was considered and
significantly amended on 13 May but proceedings on the bill were
not completed. It appears that the government has agreed to accept
several non-government amendments.
Committees
The Community Affairs Legislation Committee set a precedent at
its hearing on 5 May 1998 by hearing most of the state and
territory health ministers simultaneously on the Health Legislation
(Health Care Amendments) Bill 1998. The ministers gave evidence
about the dispute between the Commonwealth and the states over
health funding.
Two significant committee references were made on 14 May. The
Legal and Constitutional References Committee was directed to
report on the need for privacy legislation to be extended to the
private sector, and the Environment, Recreation, Communications and
the Arts References Committee was directed to look into the matter
of the development at Hinchinbrook Channel which has caused a great
deal of controversy over a long period.
The Finance and Public Administration References Committee
presented on 14 May its second report on accountability of
government services provided by contractors. The report, which is
unanimous, makes a number of interesting observations and
suggestions about this problem.
The annual estimates associated with the annual appropriation
bills introduced with the budget were referred to the legislation
committees on 14 May. The committees are to commence their hearings
on 2 June.
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
13.5 |
Foreign Affairs, Defence and Trade
Legislation |
Additional Information—
Additional Estimates 1997-98 |
" |
Scrutiny of Bills |
5th Report and Alert Digest No. 6 of
1998 |
" |
Employment, Education and Training
Legislation |
Additional Information—
Additional Estimates 1997-98 |
" |
Economics Legislation |
Report— Australian Prudential
Regulation Authority and Financial Sector Reform Bills |
14.5 |
Finance and Public Administration
References |
Report— Accountability of
Government Services Provided by Contractors— 2nd Report |
" |
Finance and Public Administration
References |
Report— Sale of 57 Commonwealth
Properties |
" |
Employment, Education and Training
Legislation |
Additional Information—
Additional Estimates 1996-97 and 1997-98, Estimates 1997-98 |
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