1.1
The Senate Community Affairs Legislation Committee (committee) examined the proposed 2020–21 budget expenditure for the Health portfolio and the Social Services portfolio at public hearings held on 26, 27, 28 and 29 October 2020.
1.2
This report does not attempt to analyse the evidence presented to the committee; however, it does outline the key issues considered by the committee during its examination of the proposed 2020–21 budget expenditure.
Referral of documents
1.3
The Senate referred the following documents to committees for examination and report:
particulars of proposed expenditure in respect of the year ending on 30 June 2021 [Appropriation Bill (No. 1) 2020–2021];
particulars of certain proposed expenditure in respect of the year ending on 30 June 2021 [Appropriation Bill (No. 2) 2020–2021];
particulars of proposed expenditure in relation to the Parliamentary Departments in respect of the year ending on 30 June 2021 [Appropriation (Parliamentary Departments) Bill (No. 1) 2020–2021].
1.4
The Portfolio Budget Statements for 2020–21 were tabled in the Senate on 6 October 2020.
Portfolio oversight
1.5
The committee is responsible for examining the proposed expenditure of the department and agencies within the Health portfolio and the Social Services portfolio.
1.6
The committee notes that the Administrative Arrangements Order (AAO) of 29 May 2019 saw the transfer of responsibility for whole of government service delivery from the Prime Minister and Cabinet portfolio to Services Australia, effectively transferring the Digital Transformation Agency into the committee's portfolio responsibilities.
1.7
Further to this, an AAO dated 5 December 2019 came into effect on 1 February 2020. As part of this change, Services Australia became an executive agency and was transferred to the Social Services portfolio, along with the other agencies that were part of its previous portfolio.
1.8
The Social Services portfolio now includes the following agencies:
Department of Social Services (Department of State)
Australian Institute of Family Studies
Digital Transformation Agency
NDIS Quality and Safeguards Commission
National Disability Insurance Agency
1.9
The Health portfolio has remained unchanged.
Hearings
1.10
The Senate resolved that the committee's budget estimates 2020–21 hearings would be held on 26, 27, 28 and 29 October 2020.
Health portfolio
1.11
The committee examined the outcomes of the Health portfolio at its hearings on 26 and 27 October 2020. On 26 October, evidence was provided by Senator the Hon Michaelia Cash, representing the Minister for Health. On 27 October, evidence was provided by Senator the Hon Richard Colbeck, Minister for Aged Care and Senior Australians, and Minister for Youth and Sport, representing the Minister for Health. Evidence was also provided by senior officers of the Health portfolio led by the Secretary of the Department of Health, Dr Brendan Murphy at both hearings.
1.12
Specifically, the committee heard evidence from all outcomes of the Department of Health, as well as from the Aged Care Pricing Commissioner, Aged Care Quality and Safety Commission, Australia Radiation Protection and Nuclear Safety Agency (ARPANSA), Australian Commission on Safety and Quality in Health Care, Australian Institute of Health and Welfare, Australian Sports Foundation, National Health and Medical Research Council (NHMRC), National Mental Health Commission (NMHC), Sport Australia (Australian Institute of Sport), Sports Integrity Australia and Therapeutic Goods Administration (TGA).
Social Services portfolio
1.13
At its hearings on 28 and 29 October 2020, the committee examined the outcomes of the Social Services portfolio. Evidence was provided by Senator the Hon Anne Ruston, Minister for Families and Social Services and senior officers of the Social Services portfolio, led by the Secretary of the Department of Social Services, Ms Kathryn Campbell AO CSC.
1.14
The committee heard evidence from all outcomes of the Department of Social Services as well as the Australian Institute of Family Studies, National Disability Insurance Agency (NDIA), NDIS Quality and Safeguards Commission, Digital Transformation Agency (DTA) and Services Australia.
Procedural matters
Public Interest Immunity Claim
1.15
At a private meeting on 26 October 2020, the committee considered correspondence from the Minister for Government Services claiming public interest immunity (PII) in relation to legal advice and the Income Compliance Program for the Budget Estimates hearings and associated questions on notice. The committee resolved through a vote to accept the PII. The letter provided information on the grounds of the specific harm that could occur should such information be made public:
Given the nature of the allegations now being made by the Applicants in the class action, the content and timing of any legal advice provided in relation to the Program is directly relevant to the issues to be considered by the Federal Court in the proceedings in the clearest possible way. Disclosing the content of any legal advice, or the date any legal advice was given, would obviously have the potential to prejudice the Commonwealth's ability to defend itself in relation to the claims made by the Applicants.
1.16
Senator the Hon Anne Ruston, Minister for Families and Social Services provided details of the PII claim during the hearing, specifically, that it pertained to details of the class action, identified in the current proceedings before the court.
1.17
During the hearing for examination of the Social Services portfolio on 29 October 2020, Ms Kathryn Campbell Secretary of the Department of Social Services, referenced the PII claim in response to questions asked about Administrative Appeals Tribunal decisions on cases regarding income compliance debts.
Questions on notice
1.18
In accordance with Standing Order 26, the committee drew the attention of the departments and their agencies to the agreed deadline of Wednesday, 16 December 2020 for the receipt of answers to questions taken on notice.
1.19
Tabled documents from the hearing, along with responses to questions on notice and additional information provided to the committee are tabled in the Senate and uploaded to the committee's website.
Hansard transcripts
1.20
A verbatim record of the committee's hearings is made via the Committee Hansard, which is published on the estimates webpage.
1.21
References in this report are to the proof Committee Hansard. Page numbers may vary between the proof and the final versions of the Committee Hansard.
Acknowledgments
1.22
The committee thanks the ministers and officers of the Health portfolio and Social Services portfolio who provided evidence and support for the committee's hearings.