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Resolutions Expressing Opinions of the
Senate
Accountability
46 Statutory authorities
The committee is of the opinion that,
unless the Parliament has expressly provided otherwise, there is no area of
expenditure of public funds by statutory authorities which cannot be examined
by Parliament or its committees, and in this regard confirms the opinion
expressed in the report to the Senate by Estimates Committee B, viz.: “The
committee is of the opinion that whilst it may be argued that these bodies are
not accountable through the responsible minister of state to Parliament for
day-to-day operations, statutory corporations may be called to account by
Parliament itself at any time and that there are no areas of expenditure of
public funds where these corporations have a discretion to withhold details or
explanations from Parliament or its committees unless the Parliament has
expressly provided otherwise.”.
(9 December 1971 J.846)
Note:
Resolution of a committee of the whole agreed to on 2 December 1971, adopted by
the Senate on 9 December 1971.
47 Statutory authorities
The Senate reaffirms the principle
expressed in the resolution agreed to in committee of the whole on 2 December
1971 and adopted by the Senate on 9 December 1971, viz.: “That whilst it
may be argued that statutory authorities are not accountable through the
responsible minister of state to Parliament for day-to-day operations, they may
be called to account by Parliament itself at any time and that there are no
areas of expenditure of public funds where these corporations have a discretion
to withhold details or explanations from Parliament or its committees unless
the Parliament has expressly provided otherwise.”.
(23 October 1974 J.283)
48 Statutory authorities
The committee, having considered the report
of Estimates Committee B, ... recommends ...
(ii) that the principle, espoused by the
Senate in 1971 and 1974, that there are no areas of expenditure of public funds
where statutory authorities have a discretion to withhold details or
explanations from Parliament or its committees unless the Parliament has
expressly provided otherwise, be reaffirmed;
(iii) the affirmation, in accordance with
this principle, that the right to privacy of individual counsel accepting a
brief on behalf of the Commonwealth for which money is appropriated by
Parliament is supervened by such acceptance, subject to the reasons for the
information being clearly defined and to the proviso that injudicious or
unwarranted invasion of privacy is not the intention of the Parliament or its
committees; and ...
(18 September 1980 J.1563)
Note:
Resolution of a committee of the whole, adopted by the Senate on
18 September 1980. Part of a longer resolution dealing also with other
matters.
49 Statutory authorities
The committee, having considered the
reports of Estimates Committees, recommends—
(a) that the Senate again reaffirm the
principle – first adopted by the Senate following consideration of the report
by Estimates Committee B in 1971, and reaffirmed in 1974:
“That whilst it may be argued that
statutory authorities are not accountable through the responsible minister of
state to Parliament for day-to-day operations, they may be called to account by
Parliament itself at any time and that there are no areas of expenditure of
public funds where these corporations have a discretion to withhold details or
explanations from Parliament or its committees unless the Parliament has
expressly provided otherwise.” ...
(4 June 1984 J.902)
Note:
Resolution of a committee of the whole, adopted by the Senate on 4 June
1984. Part of a longer resolution dealing also with other matters. The above
principle was again reaffirmed by the Senate on 29 May 1997 J.2042.
50 Public funds
The Senate reaffirms the principle, stated
previously in resolutions of 9 December 1971, 23 October 1974, 18 September
1980, 4 June 1984 and 29 May 1997, that there are no areas in connection with
the expenditure of public funds where any person has a discretion to withhold
details or explanations from the Parliament or its committees unless the
Parliament has expressly provided otherwise.
(25 June 1998 J.4075)
Note: Part of a
longer resolution agreed to by means of an amendment to the motion that the
Stevedoring Levy (Collection) Bill 1998 and the Stevedoring Levy (Imposition)
Bill 1998 be read a second time.
51 Australian Broadcasting Corporation
The Senate ...
(a) agrees with the committee’s
conclusion that the Australian Broadcasting Corporation’s (ABC) approach to the
committee’s inquiry was incorrect and that the ABC and any summoned officers of
the ABC should have answered the committee’s questions;
(b) asserts that the ABC and any other
witnesses before Senate committees have an obligation to co-operate and to
answer questions within the terms of reference of Senate standing committees
and Senate estimates committees alike; ...
(19 November 1986
J.1424)
Note: Part of a longer resolution taking note of a report by the Standing Committee
on Education and the Arts.
52 Public servants
The Senate is of the opinion that all heads
of departments and other agencies, statutory office holders and Senior
Executive Service officers should be required, as part of their duties, to
undertake study of the principles governing the operation of Parliament, and
the accountability of their departments, agencies and authorities to the Houses
of Parliament and their committees, with particular reference to the rights and
responsibilities of, and protection afforded to, witnesses before parliamentary
committees.
(21
October 1993 J.684, reaffirmed 1 December 1998 with adoption of Committee of
Privileges 73rd report, paragraph 2.42, J.226)
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