For the sitting period 8-11 March
1999
Protection of citizens
The Environment, Communications, Information Technology and the
Arts Legislation Committee presented a report on 11 March on the
cases of the persons known as Casualties of Telstra, who suffered
injury as a result of ill-treatment by the communications carrier.
The committee, in its consideration of the matter, set a
significant precedent by appointing a working party and
commissioning an independent report to the committee on the various
cases.
During debate on the report senators of all parties severely
criticised Telstra and its predecessor for obstructing claims for
compensation, particularly by withholding documents, and by
spending far more money on resisting claims than would have been
spent by compensating the victims. It was pointed out that Telstra
probably would have continued to oppress the claimants but for the
ability of the Senate, through its committees, to inquire into the
matter. Although the committee has terminated its consideration of
the cases, Telstra was warned of continuing parliamentary interest
in case it should resume its previous pattern of behaviour.
Orders for production of documents
The order for the production of documents relating to the
Jabiluka uranium mine (see Bulletin No. 128, p. 2) was answered by
the presentation of a substantial volume of documents on
8 March. The responsible minister, Senator Hill, however,
indicated that some documents were not produced on the basis of a
public interest immunity claim founded on apprehended damage to
Australia’s international relations, confidentiality of
internal workings of government and legal professional privilege.
It was pointed out that internal workings of government and legal
professional privilege do not in themselves provide grounds for
withholding documents but may be the source of apprehended
prejudice to the government’s deliberations or position in
litigation. On 11 March a letter from Senator Hill was tabled
indicating that the legal professional privilege claim had been
abandoned but the internal workings of government claim maintained.
The letter included a list and description of the documents
withheld. Interested senators expressed an intention of pursuing
the matter.
An order was passed on 9 March for a document relating to
Airservices Australia, in the continuing controversy about air
safety (see also below, under Delegated Legislation). A statement
was made on 11 March by the Minister for Regional Services,
Territories and Local Government, Senator Ian Macdonald, to the
effect that the document would not be produced because it was a
cabinet document still the subject of cabinet deliberations. Again
interested senators expressed an intention of pursuing the
matter.
Legislation
The Workplace Relations Legislation Amendment (Youth Employment)
Bill 1998 was rejected by the Senate on 8 March 1999. The
non-government parties and Senator Harradine claimed that the
presentation of the bill had breached a government undertaking not
to legislate in respect of youth wages until the conclusion of an
Industrial Relations Commission inquiry into the matter. The
rejection of the bill provides the government with the first stage
of a "trigger" for a double dissolution under section 57 of the
Constitution in this Parliament.
The Judiciary Amendment Bill 1998 provided on 9 March an example
of a government amendment presented in substitution for a
non-government amendment to overcome concerns raised by
non-government senators. The amendment related to terms and
conditions of transferring staff.
Against the wishes of the government the Senate, on 11 March,
extended the time for the Environment, Communications, Information
Technology and the Arts Legislation Committee to inquire into the
Biodiversity Conservation Bill 1998. The resolution extending the
time for the inquiry referred to submissions to the committee by
interested bodies which raised concerns about a lack of
consultation by the government and undue haste in the preparation
of the legislation.
Delegated legislation
A set of civil aviation regulations was disallowed on 8 March.
The opposition claimed that the regulations were the beginning of a
policy of privatisation by stealth of air traffic control to the
detriment of air safety.
The Regulations and Ordinances Committee on 10 March presented
its annual report, indicating that the committee has scrutinised,
and brought about changes to, a very large volume of delegated
legislation which appeared to be in conflict with its scrutiny
principles.
Committees
After a great deal of consultation and negotiation, the Select
Committee on the Socio-Economic Consequences of the National
Competition Policy was reappointed on 9 March. The committee is
required to report by the end of June this year.
See under Legislation, above, for the extension of the inquiry
into the Biodiversity Conservation Bill 1998.
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
8.3 |
Rural and Regional Affairs and
Transport Legislation |
Report—Regional Forest
Agreements Bill 1998 |
" |
Environment, Communications,
Information and Technology and the Arts Legislation |
Report—Telstra and
Telecommunications Bills |
9.3 |
Finance and Public Administration
Legislation |
Additional Information—Estimates
1998-99 |
" |
Community Affairs Legislation |
Annual Reports—Report |
" |
Community Affairs Legislation |
Report—additional estimates
1998-99 |
" |
Economics Legislation |
Report—additional estimates
1998-99 |
" |
Employment, Workplace Relations, Small
Business and Education Legislation |
Report—additional estimates
1998-99 |
" |
Environment, Communications,
Information Technology and the Arts Legislation |
Report—additional estimates
1998-99 |
" |
Finance and Public Administration
Legislation |
Report—additional estimates
1998-99 |
" |
Foreign Affairs, Defence and Trade
Legislation |
Report—additional estimates
1998-99 |
" |
Legal and Constitutional
Legislation |
Report—additional estimates
1998-99 |
" |
Rural and Regional Affairs and
Transport Legislation |
Report—additional estimates
1998-99 |
" |
Community Affairs Legislation |
Report—Health Legislation
Amendment Bill (No. 4) 1998 |
10.3 |
Rural and Regional Affairs and
Transport Legislation |
Minority Report—Regional Forest
Agreements Bill 1998 |
" |
Scrutiny of Bills |
3rd Report and Alert Digest No. 3 of
1999 |
" |
Regulations and Ordinances |
106th Report |
" |
Legal and Constitutional
Legislation |
Report—Customs Legislation
Amendment Bill (No. 1) 1998 |
11.3 |
Environment, Communications,
Information Technology and the Arts Legislation |
Casualties of Telstra (COT)
Issue—Documents |
Inquiries: Clerk's Office
(02) 6277 3364