Procedural orders of continuing effect - Orders for documents

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Procedural Orders of Continuing Effect

12 Indexed lists of departmental and agency files

(1) There be laid on the table, by each minister in the Senate, in respect of each department or agency administered by that minister, or by a minister in the House of Representatives represented by that minister, by not later than the tenth day of the spring and autumn sittings, a letter of advice that an indexed list of the titles of all relevant files, including new parts of existing files, created in the preceding six months commencing on 1 January and on 1 July, respectively, has been placed on the Internet.

(2) Each department and agency shall provide, on its Internet home page, access to an indexed list of the titles of all relevant files, including new parts of existing files, created from 1 January 1998 in the central office of that department or agency (departments and agencies may choose to maintain online an indexed list of all new files created from that date or to maintain online an indexed list of, as a minimum, the most recent year’s file creations).

(3) For the purposes of this resolution:

autumn sittings” means the period of sittings of the Senate first commencing on a day after 1 January in any year;

indexed list” means a list in which file titles may be grouped by classifications used internally within departments or agencies, such as “policy”, “legislation”, “advisings”, etc.

relevant files” includes files relating to the policy advising functions of the department or agency, including any relating to the development of legislation and other matters of public administration, but need not include:

(a) files transferred to the Australian Archives;

(b) case related files (e.g., personal representations or dealing with the personal affairs of departmental or agency clients or taxpayers); and

(c) files essentially related to the internal administration of the department or agency (e.g., staff or personnel matters);

spring sittings” means the period of sittings of the Senate first commencing on a day after 31 July in any year; and

title” means the name or title of the file, excluding any part of that name or title which would necessarily disclose commercially confidential, identifiably personal or national security matters.

(4) This order is of continuing effect.

(30 May 1996 J.279, amended 3 December 1998 J.265)

13 Departmental and agency contracts

(1) There be laid on the table, by each minister in the Senate, in respect of each agency administered by that minister, or by a minister in the House of Representatives represented by that minister, by not later than 2 calendar months after the last day of the financial and calendar year, a letter of advice that a list of contracts in accordance with paragraph (2) has been placed on the Internet, with access to the list through the department’s or agency’s home page.

The list of contracts referred to in paragraph (1) indicate:

(a) each contract entered into by the agency which has not been fully performed or which has been entered into during the previous 12 months, and which provides for a consideration to the value of $100 000 or more;

(b) the contractor, the amount of the consideration and the subject matter of each such contract, the commencement date of the contract, the duration of the contract, the relevant reporting period and the twelve-month period relating to the contract listings;

(c) whether each such contract contains provisions requiring the parties to maintain confidentiality of any of its provisions, or whether there are any other requirements of confidentiality, and a statement of the reasons for the confidentiality; and

(d) an estimate of the cost of complying with this order and a statement of the method used to make the estimate.

(3) If a list under paragraph (1) does not fully comply with the requirements of paragraph (2), the letter under paragraph (1) indicate the extent of, and reasons for, non-compliance, and when full compliance is expected to be achieved. Examples of non-compliance may include:

(a) the list is not up to date;

(b) not all relevant agencies are included; and

(c) contracts all of which are confidential are not included.

(4) Where no contracts have been entered into by a department or agency, the letter under paragraph (1) is to advise accordingly.

(5) In respect of contracts identified as containing provisions of the kind referred to in paragraph (2)(c), the Auditor-General be requested to provide to the Senate, by not later than 30 September each year, a report indicating that the Auditor-General has examined a number of such contracts selected by the Auditor-General, and indicating whether any inappropriate use of such provisions was detected in that examination.

(6) In respect of letters including matter under paragraph (3), the Auditor-General be requested to indicate in a report under paragraph (5) that the Auditor-General has examined a number of contracts, selected by the Auditor-General, which have not been included in a list, and to indicate whether the contracts should be listed.

(7) The Finance and Public Administration Committee consider the ongoing operation of the order and report on relevant developments from time to time.

(8) This order has effect on and after 1 July 2001.

(9) In this order:

agency” means an agency within the meaning of the Financial Management and Accountability Act 1997; and

previous 12 months” means the period of 12 months ending on either 31 December or 30 June in any year, as the case may be.

(20 June 2001 J.4358, amended 27 September 2001 J.4994, 18 June 2003 J.1881, 26 June 2003 J.2011, 4 December 2003 J.2851, 1 March 2007 J.3527)

14 Agency advertising and public information projects

(1) There be laid on the table, by each minister in the Senate, in respect of each agency administered by that minister, or by a minister in the House of Representatives represented by that minister, a statement in accordance with the succeeding provisions of this order.

(2) A statement be tabled in respect of each advertising or public information project undertaken by each agency where the cost of the project is estimated or contracted to be $100 000 or more.

(3) A statement be tabled within 5 sitting days of the Senate after the project is approved. If the Senate is not sitting when a statement is ready for presentation, the statement be presented to the President under standing order 166.

(4) A statement indicate:

(a) the purpose and nature of the project;

(b) the intended recipients of the information to be communicated by the project;

(c) who authorised the project;

(d) the manner in which the project is to be carried out;

(e) who is to carry out the project;

(f) whether the project is to be carried out under a contract;

(g) whether such contract was let by tender;

(h) the estimated or contracted cost of the project;

(i) whether every part of the project conforms with the Audit and JCPAA guidelines; and

(j) if the project in any part does not conform with those guidelines, the extent of, and reasons for, the nonconformity.

(5) In this order, “Audit and JCPAA guidelines” means the guidelines set out in Report No. 12 of 1998-99 of the Auditor-General, entitled Taxation Reform: community education and information programme, and Report No. 377 of the Joint Committee of Public Accounts and Audit, entitled Guidelines for Government Advertising, respectively.

(29 October 2003 J.2641)

15 Departmental and agency appointments and vacancies

That—

(1) There be laid on the table, by each minister in the Senate, in respect of each department or agency administered by that minister, or by a minister in the House of Representatives represented by that minister, by not later than 7 days before the commencement of the budget estimates, supplementary budget estimates and additional estimates hearings:

(a) a list of all appointments made by the Government (through Executive Council, Cabinet and ministers) to statutory authorities, executive agencies, advisory boards, government business enterprises and all other Commonwealth bodies including the term of the appointment and remuneration for the position and the place of permanent residence by state or territory of the appointee; and

(b) a list of existing vacancies to be filled by government appointment to statutory authorities, executive agencies, advisory boards, government business enterprises and all other Commonwealth bodies.

(2) If the Senate is not sitting when a statement is ready for presentation, the statement is to be presented to the President under standing order 166.

(3) This order is of continuing effect.

(24 June 2008 J.589, amended 12 May 2009 J.1880)

16 Departmental and agency grants

That—

(1) There be laid on the table, by each minister in the Senate, in respect of each department or agency administered by that minister, or by a minister in the House of Representatives represented by that minister, by not later than 7 days before the commencement of the budget estimates, supplementary budget estimates and additional estimates hearings:

A list of all grants approved in each portfolio or agency, including the value of the grant, recipient of the grant and the program from which the grant was made.

(2) If the Senate is not sitting when a statement is ready for presentation, the statement is to be presented to the President under standing order 166.

(3) This order is of continuing effect.

(24 June 2008 J.590)

17 Family and Community Services – Housing Assistance agreements

(1) That the Senate:

(a) notes that the Housing Assistance (Form of Agreement) Determination 2003 in Schedule 1, subsections 4(33) to 4(36) requires states to report on expenditure and progress towards their respective bilateral agreements to the Commonwealth within 6 months after the end of each grant year;

(b) orders that there be laid on the table, no later than 3.30 pm on 12 May 2005, all reports provided by the states and territories to the Commonwealth under those provisions for the financial year 2003-04; and

(c) orders that all reports provided by the states and territories to the Commonwealth under those provisions be tabled in the Senate within 5 sitting days, or one calendar month, after receipt (whichever is the later), and that the Senate be notified in writing by the Minister for Family and Community Services within 5 sitting days of the expiration of the 6 months if reports have not been provided within the required 6 months.

(2) That this order is of continuing effect.

(12 May 2005 J.626)

18 Shipping Grants Legislation Bill 1996

There be laid on the table of the Senate, on or before the final sitting day of each calendar year, a report setting out developments and progress in relation to the matters raised in paragraphs (a) and (b) of the resolution of the Senate of 29 November 1996.

Paragraphs (a) and (b) of the resolution are as follows:

The Senate:

(a) calls on the government to pursue multilateral agreements in all possible international fora to:

(i) ensure that there are international standards for conditions, treatment, receipt of pay, and occupational safety adequate to protect the human rights of seafarers,

(ii) ensure that there are international standards for safety, including minimum levels of crew actively present and attentive on the deck or bridge, and

(iii) actively support, propose and lobby for agreements by other nations that nations have a duty to inspect ships and enforce compliance with such international standards;

(b) calls on the government to pursue multilateral agreements in all possible international fora to include in an international comprehensive liability regime:

(i) compensation for environmental harm, and non-economic loss from marine-based pollution, and

(ii) compensation for any efforts that need to be taken in defence of the rights of seafarers, including legal costs and the costs of repatriation.

(Agreed to 29 November 1996 J.1161)

Note: Agreed to by means of an amendment to the motion that the Shipping Grants Legislation Bill 1996 be read a second time.

19 Health – Assessment reports by the Australian Competition and Consumer Commission

There be laid on the table as soon as practicable after the end of each period of 12 months ending on or after 30 June 2003, a report by the Australian Competition and Consumer Commission containing an assessment of any anti-competitive or other practices by health funds or providers which reduce the extent of health cover for consumers and increase their out-of-pocket medical and other expenses.

(Agreed to 25 March 1999 J.626)

Note: Agreed to by means of an amendment to the motion that the report of the committee on the Health Legislation Amendment Bill (No. 2) 1999 be adopted, amended 18 September 2002 J.761.

20 Defence – Review of materiel acquisition projects – Report by the Auditor-General

That the Senate request the Auditor-General:

(a) to produce, on an annual basis, a report on progress in major defence projects, detailing cost, time and technical performance data for each project;

(b) to model the report on that ordered by the British House of Commons and produced by the United Kingdom Comptroller and Auditor General; and

(c) to include in the report such analysis of performance and emerging trends as will enable the Parliament to have high visibility of all current and pending major projects.

(14 May 2003 J.1799)

Note: Part of a longer resolution adopting recommendations of the Foreign Affairs, Defence and Trade References Committee report on materiel acquisition and management in Defence.

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