Procedure Office

Outputs

Legislative drafting and procedural support to non-executive senators.

Procedural and parliamentary research services and training.

Secretariat support to legislative scrutiny committees.

Parliamentary information for public servants and the community.

Advice and support for inter-parliamentary relations.

Performance information Performance results
Procedural advice and support is sound and timely, enabling instructing senators to fulfil their roles. Procedural advice and support provided was accurate and prepared within required timeframes and to the satisfaction of senators.
Legislative amendments and private senators' bills are legally sound and meet the requirements of instructing senators. Amendments and bills were accurate, met requirements, were prepared to the satisfaction of senators and were generally prepared within requested timeframes (due to high demand, timeframes in relation to some requests for private senators' bills were revised in consultation with the requesting senator).

Secretariat support to the three legislative scrutiny committees is accurate and timely:

  • Senate Standing Committee for the Scrutiny of Delegated Legislation
  • Senate Standing Committee for the Scrutiny of Bills and
  • Parliamentary Joint Committee on Human Rights.
Advice and documents prepared for the committees were accurate and provided within the timeframes set by the Senate and the committees, and to the satisfaction of the committees.

Parliamentary research is accurate, timely and fulfilled each request.

Training provided to senators and their staff supports their ability to perform their roles.

The training and lecture programs, and other parliamentary information projects, are provided to increase the awareness of the work and role of the Parliament.

Accurate parliamentary research was provided within required timeframes and to the satisfaction of requestor.

Lectures and training sessions were provided in accordance with the scheduled programs, content was relevant and accurate, and delivered to the satisfaction of the audience.

Inter-parliamentary functions are supported to the satisfaction of participants.

Inter-parliamentary functions, including the provision of secretariat support to the Australian Delegation

to the Inter-Parliamentary Union, were carried out to requirements and to the satisfaction of participants.

Overview

The Procedure Office is led by the Clerk Assistant (Procedure) and has three functional areas, as shown in Figure 9.

Figure 9 – Elements and responsibilities of the Procedure Office
Executive, procedural advice and legislative drafting

Rachel Callinan, Clerk Assistant (Procedure)

Procedural advice, support and training.

Drafting of legislative amendments and private senators' bills.

Procedural support and public information Legislative scrutiny

Glenn Ryall, Director, Procedure and Research

Legislative drafting and procedural advice

Publications, training, lectures

Parliamentary liaison and research on parliamentary matters

Anita Coles, Secretary, Parliamentary Joint Committee on Human Rights

Fattimah Imtoual, Acting Secretary (to 12/01/24), Scrutiny of Bills Committee and Scrutiny of Delegated Legislation Committee

Shaun Hayden, Secretary (15/01/24 to 17/05/24), Scrutiny of Bills Committee

Hannah Dibley (from 15/01/24), Secretary, Scrutiny of Delegated Legislation Committee

Secretariat, advisory and administrative support to the committees

The Procedure Office provides advisory, legislative drafting, training, research and public information services to support the work of senators and the Senate, as well as providing secretariat support for the Parliament's three legislative scrutiny committees.

The demand for procedural and legislative drafting services is driven by the requirements of senators and the Senate, particularly in response to the government's legislative program. The work of the secretariats of the legislative scrutiny committees is similarly driven by the volume of legislation coming before the Senate and additional inquiries undertaken by the committees.

The office monitors levels of satisfaction with its performance by formal and informal methods, including evaluation forms, surveys and direct feedback from senators, their staff and members of the public.

The full-time equivalent staffing level for the Procedure Office in 2023–24 was 23.2 (23.4 in 2022–23). The cost of providing the services of the Procedure Office in 2023–24 was $5.0m ($4.8m in 2022–23).

Procedural support

The Procedure Office Executive and the Procedure and Research Section assist non-government senators and their staff by providing advice relating to the role and work of the Senate and its committees. The section also provides procedural drafting services to assist senators conduct business in the Senate. In 2023–24, there continued to be strong demand for advice and drafting, particularly during sitting periods. Advice was provided on a range of procedural issues, including the constitutional powers of the Senate, the legislative process, the disallowance of delegated legislation, orders for the production of documents and opportunities to put motions before the Senate. The section also provided research support to the Clerk and Deputy Clerk and senators on matters relating to Senate practice and procedure. Staff ensured the accuracy of procedural advice, drafting and research by drawing on appropriate resources and precedents and consulting with other departmental officers as required. Services were provided on a confidential, non-partisan and consistent basis and in a timely fashion, often within extremely short deadlines.

In 2023–24, the section prepared an average of eight procedural scripts each sitting day for use by senators in the chamber, with a total of 477 scripts for the year (368 in 2022–23). These scripts assist senators to conduct business in the Senate through, for example, the introduction of bills, pursuing outstanding orders for the production of documents and proposing variations to the Senate's routine of business. The section also frequently responded to requests to draft procedural motions for senators or review motions prepared by senators' staff. These included motions for orders for the production of documents or to establish select committees.

Legislative drafting

The Procedure Office Executive and the Procedure and Research Section provide support to senators in relation to the legislative process by drafting private senators' bills and amendments to government bills. Procedural amendments to the motions that mark the key stages of the passage of bills are also prepared. This drafting support is provided primarily to non-government senators, but also to government senators who are not part of the ministry (i.e. non-executive government senators).

In 2023–24, 86 second reading amendments—amendments to the procedural motion that a bill be read a second time—were prepared and circulated which is a continuation of the trend for more such amendments (63 in 2022–23 and 31 in 2021–22). 334 'sheets' of 'committee of the whole amendments' were also drafted and circulated, comprising 1,049 individual amendments (also a significant increase on the previous period, when 747 committee of the whole amendments were circulated on 228 sheets). These are referred to as committee of the whole amendments as they propose amendments to the text of bills and are debated and voted on during the stage of a bill's passage when the Senate resolves itself into the 'committee of the whole' to consider the details of a bill and any amendments proposed. These amendments vary in complexity and can be resource intensive to prepare.

A further 149 sheets of committee of the whole amendments were requested and drafted, but not circulated (again, a significant increase on the previous period, when 86 sheets were drafted but not circulated). The decision to circulate amendments is purely a matter for the instructing senators. Reasons that sheets may not be circulated include the sponsoring senator deciding not to proceed with the amendments, or amendments being drafted to inform negotiations between parties, or as an alternative position to circulated amendments.

In accordance with section 53 of the Constitution, 20 sheets of amendments were framed as 'requests' to the House of Representatives. For each of these requests, a 'statement of reasons' was also produced to explain why the amendments were framed as requests, as required by the Senate's procedures.

In 2023–24, the section received requests for 67 private senators' bills (63 in 2022–23), which were progressed in accordance with senators' instructions. 31 private senators' bills were introduced in this reporting period (26 in 2022–23). This demand reflects continued strong interest among non-government senators for a legislative response to policy matters of concern to them and the use of private senators' bills as a means of furthering debate on policy issues and in some cases influencing the government to pursue legislative action. Depending on their complexity, bills can take between a week to many months to prepare. The level of demand has required careful management of workload and resources, and discussion with senators' offices regarding timeframes.

Figure 10 summarises legislative drafting and procedural services provided to senators over the past four years.

Figure 10 – Legislative drafting and procedural advice services provided to senators, 2020–21 to 2023–24
Outputs 2020–21 2021–22 2022–23 2023–24
Committee of the whole amendments circulated 740 668 747 1049
Second reading amendments circulated 59 31 63 86
Private senators' bills introduced 18 23 26 31
Procedural scripts prepared 677 275 368 477

Informal feedback received from senators and their staff over the reporting period confirmed the satisfaction of senators with the quality of the procedural advice and legislative drafting services provided by the office, including where support was provided within the tight time constraints common in sitting weeks. As noted above, there has been a high demand for private senators' bills and not all requests have been met within the timeframes originally proposed by senators. The detail of each drafting request, including timeframes, is discussed with senators' offices and managed within existing resources.

In this reporting period a formal survey of senators' satisfaction with the services provided by the Procedure Office Executive and Procedure and Research Section was conducted. The survey (17 responses) showed high overall satisfaction with services, including legislative drafting. Of the respondents who had utilised drafting services: 87% indicated their timeframes and expectations for committee of the whole and second reading amendments were 'fully met' and 13% 'partially met'; 86% indicated their expectations for private senators' bills were 'fully met' and 14% 'partially met'; and 64% indicated their timeframes for private senators' bills were 'fully met', 29% 'partially met' and 7% 'not met'. In addition, 94% of respondents rated their satisfaction with procedural advice as 'excellent'.

Support for legislative scrutiny committees

The Legislative Scrutiny Unit provides secretariat, research and administrative support to the Parliament's three legislative scrutiny committees:

  • the Parliamentary Joint Committee on Human Rights
  • the Senate Standing Committee for the Scrutiny of Bills, and
  • the Senate Standing Committee for the Scrutiny of Delegated Legislation.

These committees examine bills and legislative instruments according to their terms of reference which are set out in the Senate's standing orders, or in the case of the Human Rights Committee its enabling Act (see below). The committees generally report each sitting week (and occasionally outside of sitting weeks) on the bills and legislative instruments scrutinised. They also report annually on their work and significant matters they have pursued during the year.

The work of the committees in scrutinising bills and instruments supports parliamentary consideration of legislation in a number of important ways, including influencing the drafting of bills and legislative instruments, informing debate in the houses, and resulting in amendments to bills and legislative instruments and associated explanatory materials.

In this reporting period, the three secretariats undertook all work required by the committees within their expected timeframes, examining a large number of bills and instruments, preparing reports for the consideration of the committees, finalising reports for tabling and preparing any necessary procedural advice or documentation.

The Human Rights Committee secretariat examined 199 bills (198 in 2022–23)and drafted 12 reports containing comments on 42 bills (31 in 2022–23) raising matters relating to the committee's terms of reference as set out in the Human Rights (Parliamentary Scrutiny) Act 2011. The secretariat also examined 1,619 disallowable and exempt legislative instruments (2,038 in 2022–23) and drafted comments on 30 instruments (19 in 2022–23). The secretariat also continued to support the committee with its inquiry into Australia's Human Rights Framework (referred by the Attorney-General), organising five public hearings during this reporting period and preparing and tabling its report on 30 May 2024. The secretariat also supported the committee in the initial stages of an inquiry required by statute into compulsory income management.

The Scrutiny of Bills Committee secretariat examined 207 bills (217 in 2022–23) and drafted 18 reports, containing comments on 83 bills (99 in 2022–23) raising matters relating to the committee's terms of reference under Senate standing order 24.

The secretariat to the Scrutiny of Delegated Legislation Committee examined 1,550 legislative instruments (2,236 in 2022–23) against its terms of reference set out in Senate standing order 23, including 211 exempt instruments (271 in 2022–23). The secretariat prepared 14 reports, identifying 243 instruments as potentially raising scrutiny concerns (271 in 2022–23) and identifying 196 instruments for the attention of the Senate (115 in 2022–23).

During this period the Unit also continued to work with the Department of Parliamentary Services' Information Services Division on a project to develop a contemporary document management system for managing the work of the secretariats. The implementation of the first phase of the system in this period has resulted in greater efficiencies in undertaking legislative scrutiny and reporting and it is expected in 2024 to result in greater accessibility to the work of the committees as a further phase of the project is completed in late 2024.

Parliamentary information and training

The Procedure and Research Section aims to increase knowledge of the role and work of the Senate by coordinating a range of training sessions, lectures and public information activities, as well as by producing parliamentary resources published both internally and externally.

The section delivers training in three streams—to senators and their staff, to public service officers and to not-for-profit organisations.

The section delivered a comprehensive scheduled program of training for senators' staff (in addition to ad hoc support and training). The scheduled training is presented via videoconference and during non-sitting periods to enable staff located across the country to participate. The training provides staff with a practical understanding of Senate procedure and the corresponding resources available to support senators to conduct business. The Procedure Hub, a resource on the senators' intranet, assists staff to understand and utilise the various templates, forms and guidance material available to support their senators to engage with the whole range of Senate business. The training sessions reinforce the material available on the Procedure Hub.

Training for public service officers aims to increase awareness of the work and role of the Senate, covering a range of topics including the legislative process, committee inquiries, budget estimates and delegated legislation. The training is largely offered in a hybrid format to allow both in-person and online participation. The number of public service officers attending such training has increased steadily in recent years from 331 participants in 2020–21 to 511 in 2023–24.

Following a successful pilot in 2021–22, an online training program for not-for-profit organisations (NFPs) was offered again in this reporting period, with a particular focus on providing NFPs with an understanding of the opportunities for public engagement with Senate committees. 113 participants attended this training in this reporting period, compared to 100 in 2022–23.

Six lectures were delivered as part of the long-running Senate Lecture Series during the reporting period, including the inaugural President's Lecture in June 2024. A total of 335 people attended the lectures in-person, with an additional 496 unique live online views.

Open Day in October 2023 celebrated the 35th anniversary of Parliament House, with the Procedure and Research Section coordinating the department's participation which included facilitating public access to the Senate chamber and the President's suite.

The 71st edition of the department's publication Papers on Parliament was published in March 2024 and included articles developed from the Senate Lecture Series on topics such as the 10th anniversary of the Parliamentary Joint Committee on Human Rights, the Senate's role in protecting democracy and the accountability of cross-jurisdictional bodies.

Figure 11 – Training programs and lectures, 2020–21 to 2023–24
Service 2020–21 2021–22 2022–23 2023–24
Senators' orientation sessions 0 3 2 0
Senators' staff training sessions 14 10 21 21
Training for public service officers
number of training sessions 13 19 21 17
number of attendees 331 413 476 511
Public lectures
number of lectures 3 4 3 6
number of attendees 188 45 191 335
live online view 228 677 308 496

Inter-parliamentary relations and capacity building

The Australian Parliament's international program focuses on strengthening engagement and cooperation between parliaments internationally, with an emphasis on parliamentary relations with countries in the Asia-Pacific region.

The program's activities and projects are coordinated by the International and Parliamentary Relations Office (IPRO). IPRO manages incoming and outgoing delegation programs, membership of inter-parliamentary organisations, and the international interests and travel of senators and members. IPRO is also responsible for the parliamentary strengthening and capacity building programs of the Australian Parliament, including study programs for visiting parliamentarians and staff of other parliaments.

IPRO is administered by the Department of the House of Representatives, and is funded jointly by the Department of the Senate and the Department of the House of Representatives. The Senate Department supports the program by providing secretariat support to various outgoing delegations, responding to requests for information, and providing presenters and support to incoming delegation visits. In this reporting period, the Department provided delegation secretaries to support three parliamentary delegations, to: the United States of America; New Caledonia, Vanuatu and Fiji; and New Zealand.

The Senate Department also provides secretariat support to the Australian Delegation to the Inter-Parliamentary Union (IPU) which in this period included attendance at the 147th IPU Assembly in Luanda, Angola in October 2023 and 148th IPU Assembly in Geneva, Switzerland in March 2024. Secretariat support also included assisting the head of the delegation, the Speaker of the House of Representatives and 2023 Chairperson of the Asia-Pacific Group, the Hon. Milton Dick MP, to chair a meeting of the IPU geopolitical group at the 147th IPU Assembly.

After a 5-year interruption, the Inter-Parliamentary Study Program was held in March 2024. The program was managed by IPRO with a number of officers from across the Senate Department presenting as part of the program.

A detailed description of the work of IPRO is provided in the annual report of the Department of the House of Representatives.

The Procedure Office also responded to various requests for information, survey responses and research from other parliaments and international parliamentary bodies such as the Society of the Clerks-at-the-Table in Commonwealth Parliaments and the IPU.

Performance outlook

A key focus for 2024–25 for the Procedure Office Executive and the staff in the Procedure and Research Section who provide legislative and procedural drafting and advice will be to continue to manage the high workload for legislative amendments and private senators' bills.

With a federal election due to be held in the next reporting period, another significant undertaking will be preparations for the induction and orientation of new senators whose terms will commence on 1 July 2025 and providing training and support to their staff.

The Legislative Scrutiny Unit, in addition to its usual work supporting the three parliamentary scrutiny committees, will continue to work on the development of the unit's document management system, creating a more efficient and effective tool for conducting and publishing the work of the committees.