For the sitting period 19-30 April
1999
Witnesses: response to departmental
document
The Community Affairs References Committee took an unusual step
on 29 April by tabling in the Senate a document prepared by the
Department of Health and Aged Care and responses by persons
aggrieved by statements made in the document.
When the committee presented its report on the Creutzfeldt Jakob
disease settlement offer in 1997 it recommended that further
research be conducted on a particular matter. The research was
arranged by the department and a paper, known as the Allars report
after its compiler, was composed and provided to the committee. The
committee did not publish the document, but the department
apparently published it to some interested persons. Other persons,
who were witnesses before the committee, and who were aggrieved by
statements made about them in the document, asked the committee to
consider their responses. Although the committee had not published
the paper, it agreed to have it tabled in the Senate together with
the responses and thereby published. It was pointed out in an
advice to the committee, which was tabled with the documents, that,
although the Health Department was probably protected by
parliamentary privilege in the compilation of the Allars report and
its presentation to the committee, the department was not so
protected in its separate publications of the paper.
Estimates hearings, answers to questions on
notice
A motion initiated by the opposition was passed on 29 April
criticising the government for delay in answering questions on
notice arising from estimates hearings, and particularly condemning
"the contemptuous attitude of the Minister for Education, Training
and Youth Affairs (Dr Kemp)".
Although the legislation committees are required to set
deadlines for the production of answers to questions on notice
arising from their estimates hearings, there is currently no
sanction for late production of answers, except further proceedings
in the committees and in the Senate. Passage of the motion
indicates that the supplementary estimates hearings beginning on 4
May and the main estimates hearings beginning on 31 May may be
attended by some difficulties.
Committee inquiries
The government unsuccessfully resisted a motion on 27 April for
a general inquiry by the Environment, Communications, Information
Technology and the Arts References Committee into the Jabiluka
uranium mine. The motion requires the committee to report by 30
May, an extremely constrained timetable considering the scope of
the inquiry.
Reference of the government’s controversial Broadcasting
Services Amendment (Online Services) Bill 1999, which is designed
to regulate material on the Internet, to the Select Committee on
Information Technologies, was initiated by the government on 23
April. An attempt by the opposition to extend the reporting date
from 11 May to 25 May was not successful.
Legislation
The period was dominated by consideration of the
government’s legislation for a new tax system. The Select
Committee on a New Tax System reported on 19 April, and
consideration of the bills, which is obviously going to be very
lengthy, commenced on the same day. Another related package of
bills concerning family assistance was referred to the Community
Affairs Legislation Committee on the initiative of the government
on 29 April, and that committee is required to report by 25 May.
The select committee presented its second report on 30 April on
another package of related bills which were introduced after the
first package. By the end of the sitting period the Senate had
completed the first page of the 12-page list of amendments (the
"running sheet") relating to the first of the package of 27
bills.
The Migration Legislation Amendment (Temporary Safe Haven Visas)
Bill 1999, which is to cater for the situation of the Kosovo
refugees, was speedily passed on 30 April with amendments moved by
the Greens relating to the criteria for returning the refugees.
Procedural changes
The Senate adopted on 29 April the First Report of 1999 of the
Procedure Committee, thereby endorsing the committee’s
condemnation of departmental officers "smuggling" private witnesses
into committee hearings on bills. The recommendation of the report
that committees be told of any payment of witnesses’ expenses
by others is now a rule of the Senate. Three procedural changes
were also made as a result of the adoption of the report:
- standing order 37(2) was amended to cover unpublished committee
documents as well as in camera evidence in relation to the
quotation of such documents in dissenting reports
- senators giving notice are to have the option of handing in
notices (a temporary order)
- postponements of business are to occur by handing in notices
rather than by motions (also a temporary order).
Committees
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
19.4 |
Foreign Affairs, Defence and Trade
Legislation |
Additional
Information—Additional Estimates 1998-99 |
" |
Legal and Constitutional
Legislation |
Report—Classification
(Publications, Films and Computer Games) Amendment Bill 1998 and
the Classification (Publications, Films and Computer Games) Charges
Bill 1998 |
" |
New Tax System |
Main Report |
20.4 |
Finance and Public Administration
Legislation |
Additional
Information—Additional Estimates 1998-99 |
" |
Community Affairs Legislation |
Additional Information—Estimates
1998-99 |
21.4 |
Legal and Constitutional
Legislation |
Report—Migration Legislation
Amendment Bill (No. 2) 1998 and Migration (Visa Application) Charge
Amendment Bill 1998 |
" |
Scrutiny of Bills |
6th Report and Alert Digest No. 6 of
1999 |
" |
Legal and Constitutional
Legislation |
Report—Migration Legislation
Amendment (Judicial Review) Bill 1998 [1999] |
22.4 |
New Tax System |
Main Report—Document |
27.4 |
Environment, Communications,
Information Technology and the Arts Legislation |
Report—Environment Protection
and Biodiversity Conservation Bill 1998 and Environmental Reform
(Consequential Provisions) Bill 1998 |
28.4 |
Scrutiny of Bills |
7th Report and Alert Digest No. 7 of
1999 |
" |
Legal and Constitutional
Legislation |
Additional
Information—Additional Estimates 1998-99 |
29.4 |
Environment, Communications,
Information Technology and the Arts Legislation |
Report—Telecommunications Laws
Amendment (Universal Service Cap) Bill 1999 |
" |
Employment, Workplace Relations, Small
Business and Education Legislation |
Additional
Information—Additional Estimates 1998-99 |
30.4 |
Community Affairs Legislation |
Report—Health Legislation
Amendment Bill (No. 3) 1999 |
" |
New Tax System |
Report—Commonwealth-State
Financial Arrangements Bills, Luxury Car Tax Bills and Wine
Equalisation Tax Bills |
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