For the sitting period 23
August - 2 September 1999
Orders for production of documents
Orders for production of documents were attended with some
success during this period.
In response to the order of 12 August for documents relating to
an appointment to the Civil Aviation Safety Authority, documents
were produced on 23 August, including minutes of the Board of the
Authority, but a report which had been referred to by the
government was said not to exist. Further interest in the matter
was foreshadowed.
A motion passed on 30 August referred to the failure to produce
answers to questions taken on notice at the estimates hearings of
the Environment, Communications, Information Technology and the
Arts Legislation Committee on 7 June, and required that the answers
be produced within two days. The answers were produced on the
following day, which suggests that they had been prepared by the
Environment and Heritage Department but had not cleared some other
blockage.
Notice of a motion for the production of documents relating to
impurities in food was withdrawn on 1 September when the government
provided the documents in advance of the passage of the motion.
Delegated legislation disallowed
A set of civil aviation regulations was disallowed on 23 August
on the basis of complaints made in the industry and alleged lack of
consultation. Both the mover of the motion and the minister
responding indicated that they did not understand all the
technicalities of the regulations. This provides an example of the
way in which the recipients of government regulations are apt to
make representations to the Senate about alleged defects in
regulations.
More significant was the disallowance on 31 August of
instruments made under the Native Title Act 1993. Under
the amendments of the Act negotiated through the Senate by the
government in 1998, provisions made by the states and territories
in relation to negotiations over native title may replace the
provisions in the Act if the federal government makes a
determination to that effect. Such a determination is subject to
disallowance by the Senate, but, as was discovered on this
occasion, once the time for disallowance has passed the relevant
state or territory provisions can be amended without the Senate
having any control over the amendments. It was partly on this basis
that a determination giving effect to provisions of the Northern
Territory was disallowed, with suggestions that the gap in the
disallowance provisions should be corrected.
Parliamentary privilege
The Privileges Committee presented a report on 1 September on a
complex case in which the Department of Health and Community
Services was alleged to have misused a document prepared in
response to a recommendation of the Community Affairs References
Committee in the latter’s report on CJD compensation. The
Privileges Committee found that departmental officers had acted in
ignorance of parliamentary rules, and again referred to the
measures pursued by the Senate and by departments to rectify this
general ignorance in the Public Service.
The committee received another reference on 2 September relating
to alleged unauthorised dealings with a draft report of the
Community Affairs References Committee. Material provided by the
latter committee and referred to in the President’s
determination on the matter indicated that the report may have been
disclosed by inadvertence, but the committee indicated that it was
concerned about the subsequent dealings with the draft report in a
minister’s office and a department.
Legislation
The Senate disposed on 23 August of the last matters outstanding
from the consideration of the government’s New Tax System
legislation. One of the bills was returned from the House of
Representatives with a message indicating that amendments requested
by the Senate had been made. The bill was also amended by the
Senate. In this circumstance the Senate’s amendments are not
finally dealt with until its requests have been resolved. When
requested amendments have been made, the Senate normally gives the
bill a third reading and returns it to the House for consideration
of the Senate’s amendments. On this occasion the House had
made further amendments to the bill. The Senate therefore agreed to
the House’s amendments before giving the bill a third
reading. The House then agreed to the Senate’s amendments,
allowing the bill finally to pass. Another bill was returned with a
Senate amendment not made but a substitute amendment made in the
House. The Senate did not insist on its amendment, agreed to the
substitute amendment, and agreed to further amendments made by the
House. Both bills related to Commonwealth-State financial
arrangements arising from the tax legislation.
Most time was spent during the period on the Regional Forest
Agreements Bill 1998. The bill was finally passed at a late hour on
the last day of the sittings after extensive debate and with many
amendments, the most significant being those relating to
parliamentary disallowance of future regional forest agreements
between the Commonwealth and the states. On current indications the
government is unlikely to accept the amendments in the House.
The other controversial bill, also finally passed on the last
day, was the Workplace Relations Legislation Amendment (Youth
Employment) Bill 1999, relating to youth wage rates. The bill as
passed represented an agreement between the government and the
opposition, and extensive amendments moved by the Democrats were
unsuccessful.
The Commonwealth Grants Commission Amendment Bill, a
non-controversial bill passed during the time for such bills on
Thursday, was amended on 2 September on the motion of Senator Brown
in relation to works and financial assistance in respect of
Indigenous persons, thereby indicating that Senator Brown’s
position as the only Green does not preclude him having some
influence.
Minister censured
In a period largely occupied with debate on regional forest
agreements, the Senate passed a motion censuring the Minister for
Forestry and Conservation, Mr Tuckey, for inflaming conflict over a
regional forest agreement in Western Australia.
The motion was proceeded with on the basis that it related to Mr
Tuckey’s conduct in his capacity as a minister. It is a
long-established principle that the Senate cannot pass judgment on
the conduct of members of the House of Representatives except in a
ministerial capacity.
Qualification of senators
Senator Harris was unsuccessful on 23 August in moving a motion
for an order of the Senate that each senator be required to produce
proof of his or her qualification to serve in the Senate under
section 44 of the Constitution. All other parties opposed the
motion, and it was pointed out that any allegation that a
particular senator is not qualified could be pursued by way of a
motion in the Senate to refer the matter to the High Court sitting
as the Court of Disputed Returns, or by an action in the courts
under section 46 of the Constitution.
Reconciliation motion
At the instigation of the government, and apparently following
negotiations by the new Democrat senator, Senator Ridgeway, a
motion on Aboriginal reconciliation was passed on 26 August,
expressing regret in relation to past mistreatment of Indigenous
people. It was pointed out that the Senate had passed such a motion
of its own in May 1997 when the government had resisted such a
resolution.
Senate proceedings: publication on the
Internet
A resolution was passed on 31 August authorising the publication
of Senate proceedings, in sound and visual images, on the Internet.
It is intended that proceedings of the two Houses and selected
committees will soon be available on the Internet as they happen.
Previous orders of the Senate cover only radio and television
broadcasting.
Committees
Some significant references to committees were made during the
period, including references relating to the development of
Brisbane airport (Rural and Regional Affairs and Transport
References Committee, 23 August), the sale of Australian Defence
Industries (Foreign Affairs, Defence and Trade References
Committee, 25 August), the protection of Gulf St Vincent
(Environment, Communications, Information Technology and the Arts
References Committee, 26 August), and mandatory sentencing (Legal
and Constitutional References Committee, 1 September, in a combined
Green, Opposition and Democrat motion).
It was necessary to hold on 24 August a ballot for membership of
the Select Committee on the Socio-Economic Consequences of the
National Competition Policy to determine nominations from Senators
Brown and Harris for a position on the committee. The ballot
resulted in the election of Senator Brown.
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
23.8 |
Foreign Affairs, Defence and Trade
Legislation |
Additional Information—Budget
Estimates 1999-2000 |
" |
Community Affairs Legislation |
Report—Social Security
Administration Bills |
" |
Legal and Constitutional
Legislation |
Report—Norfolk Island Amendment
Bill 1999 |
24.8 |
Finance and Public Administration
Legislation |
Additional Information—Budget
Estimates 1999-2000 |
25.8 |
Scrutiny of Bills |
Alert Digest No. 12 of 1999 |
" |
Community Affairs Legislation |
Report —National Health
Amendment (Lifetime Health Cover) Bill 1996 |
26.8 |
Community Affairs Legislation |
Additional
Information—Compensation for Non-economic Loss (Social
Security and Veterans’ Entitlements Legislation Amendment)
Bill 1999 |
30.8 |
Retailing Sector |
Report—Review of
Australia’s Retailing Sector |
" |
Finance and Public Administration
Legislation |
Report—Annual Reports |
" |
Foreign Affairs, Defence and Trade
Legislation |
Report—Annual Reports |
31.8 |
Economics Legislation |
Examination of annual reports: No. 2
of 1999 |
" |
Environment, Communications,
Information Technology and the Arts Legislation |
Review of annual reports: No. 2 of
1999 |
" |
Legal and Constitutional
Legislation |
Examination of annual reports: No. 2
of 1999 |
" |
Rural and Regional Affairs and
Transport Legislation |
Examination of annual reports: No. 1
of 1999 |
1.9 |
Privileges |
78th Report |
" |
Scrutiny of Bills |
13th Report and Alert Digest No. 13 of
1999 |
" |
Economics References |
Report—Nuclear Reactor at Lucas
Heights |
" |
Native Title and the Aboriginal and
Torres Strait Islander Land Fund |
14th Report—Annual Reports |
2.9 |
Employment, Workplace Relations, Small
Business and Education Legislation |
Report—Annual Reports |
" |
Community Affairs Legislation |
Report—Social Security
Administration Bills |
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