Work of Committees 1 January to 31 December 1996 (2024)

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Work of Committees 1 January to 31 December 1996

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DEPARTMENT OF THE SENATE

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COMMITTEES 1 JANUARY 1996-31 DECEMBER 1996

WORK OF COMMITTEES

1 January 1996- 31 December 1996

Committee Office Department of the Senate

Additional copies may be obtained from the Office of the Senior Clerk of Committees, Senate Committee Office, telephone: (06) 277 3555

© Commonwealth of Australia ISSN 1322-7149

Cover graphic designed by Grafis Art & Design Studio Cover prepared by the Publications Centre, Department of the Senate

This document was produced from camera ready copy and printed by the Senate Printing Unit, Parliament House, Canberra.

CONTENTS

Introduction .... ... : ...... .. ... .... ..... ......... ... ................ ..... .... ...................... ..... .. .......... .......... .. ... .... v

Abbreviations and Explanatory Notes ...................... ............ .............. ...... .. ........... ............... vi

General Information .. ... ... ................................. .... .. ........... ... .... ... ....... ... ......... ..... .. ... ........... viii

Directory of Committees ...................................................................................................... ix

Senate Committee Office Statistical Summary ................ .. ......................... ....... .................. xi

PART A: COMMITTEES ADMINISTERED BY THE DEPARTMENT OF THE SENATE

COMMITTEES ADMINISTERED BY THE SENATE COMMITTEE OFFICE

1. Legislative and General Purpose Standing Committees ................................ 2

• Community Affairs ... ..... ............... .... ..... ...... ......... .... ......... .......... ....... ............. 3

- Legislation ............. .. ...... ... ..... ..... ..... ...... ... .. ........ ...... ..... ........ ..... ... ... ...... ..... 7

- References ......... ........ .... ......... .......... .. .... ....... .......... ...... ...... ..... ... .. ............. 18

• Economics .... ... ..... ........................................ ......... ...... .................... ............... 21

- Legislation ..... ..... ........ ... ........... ...... .. ........... ............... ......... ... ........... .... .... 25

-References ........... ..... ............... .... ..... .... ........ .............. .... .... ....... .. ......... ..... . 32

• Employment, Education and Training .. .. ....................................................... 39

- Legislation ....... .... ... ............. ..................... ...... ... ... .................. ................... 43

-References ........ ...... ........ ....... .. ... .... ... ..... ................................. .... .. ............. 50

• Environment, Recreation. Communications and the Arts ...... ................ ....... 55

- Legislation .... ...... .... .... .......... .... .............................. .... ...... .. ... ............ ........ 59

-References ... .. .... ................. ...................... ... ... ............ ........... ........... .. ........ 64

• Finance and Public Administration ...................... ...... .................... .. .............. 69

- Legislation ................................................................................................. 73

- References ................ ..... .. ...... ..... .............. ...... ... .. ... .. ...... ..... ........ .... ... ........ 77

• Foreign Affairs, Defence and Trade ................. ............................................. 79

- Legislation ..................................................... .. ........................ ..... .. ..... .... .. 83

-References ...... ....... ...... ...... ...... .... .... ... ...... .............. ......... ... .... .......... .. ..... .. . 88

• Legal and Constitutional .............. ........ .......... .. .. .. ................. .. ...... .. ............... 93

- Legislation .. ......... ... ... .. .... .......... .. .. ....... ... ........ .......... ............... .. .... .. .... .... . 97

- References .......... ..... .... ................... ..... ......... .. ....... .. ............. ... .. ............ .. . I 04

• Rural and Regional Affairs and Transport ........................ ... ............... ... ...... 107

- Legislation .......... ....... ... ........ ............. .. .. .......... ... .. .. ......... .... .. .................. 111

- References ............ ............. .. .... .... ........ ....... ..... ...... .. ........... ... ............. ...... 116

2. Select Committees .......................................................................................... 119

• Community Standards Relevant to the Supply of Services Utilising Electronic Technologies ....................... ......... ............... 121

• Dangers of Radioactive Waste ................ ............ .. .. .... ... ............. ............... .. 127

• Superannuation ....... ... .................... ....... ...... ..... ...... .......... .... .. .. ......... .. .... .... . 129

• Uranium Mining and Milling ...... .............. ................ .. ............. .. ... .. ....... .. .... 133

• Victorian Casino Inquiry ...................... .... ................................. ...... .... ........ 135

lll

3. Joint Committees ........................................................................................... 139

• Corporations and Securities ............ .... .... .. .... ... .. ......... .. ... .. ....... ... ... .. ... .. .. .... 141

• National Crime Authority .. .... .................... ...... .. .. .. .. ........ .. .. .. .... .. .... .. .. .. ...... 145

• Native Title and the Aboriginal and Torres Strait Islander Land Fund .. .... . 149

II OTHER SENATE COMMITTEES

1. Legislative Scrutiny Committees .................................................................. 156

• Regulations and Ordinances .......... .. ...... .. ........ .. ............ ...... .... .. .... ........ .. .. .. 157

• Scrutiny of Bills ... .. ... ... ... .. .... .. .. .................... ........ ...... ... ........ ... ............. ... ... 158

2. Standing Committees .................................................................................... 161

• Appropriations and Staffing .. .. ........ .... .. .. .. .. .... .. .. ...... .. .. .... .. .............. ........... 162

• House ............. ... ...................... ..... .......... .. ............. .... ....... ........ .. .... .. ... .. ....... 163

• Library ..... .. ...... .. ... ..... ........ .... ...... ...... .. .............. ....... .. ... ..... .. ...... .. ..... .... .. .. .. 164

• Privileges .. ......... .. .... .... .. ..... .... ... ..... .. ........ .. ........ .. ............. .. .. .... ... .. ............. 165

• Procedure ......... ..... ..... .... ..... ..... .. .... .. ......................... .... ... .. ... .. ..... ......... .. .. .. . 167

• Publications ...... .. .. .. ... .... ... .. ....... ................... .. ... ... .. ... ... ...... ... ..... ... ............ .. . 168

• Selection ofBills ... ... .. ...... ..... .. .. ... ... .. .. .. .... ... .. ..... .. ... ...... .. .. ... ... ............... .. ... 169

• Senators' Interests .. .......... .... .......... .. .. ...................... ................ .... .. .. .. .......... 171

PART B: JOINT COMMITTEES NOT ADMINISTERED BY THE DEPARTMENT OF THE SENATE

1. Joint Standing Committees • Electoral Matters .... .. ... .... .. ... .... ... ... ...... .. .... ......... ... .. ..... .. ... ......... .... .. .. .... .. ... 175

• Foreign Affairs, Defence and Trade ...... .. .... .. .. .......... .. ...... .. .. .... .... ............. . 176

• Migration .. ...... .. .. .. ..... .. ..... ... ..... ................................. ... ..... .. ................. ....... 178

• National Capital and External Territories .... .. ........... .. .... .. .... .... .. .... ............. 179

• Treaties ...... ..... ....... .. ..... .. ..... ... ... .......... ... ..... .. .......... .... ... .. .... ....... .... .. .... ... .. .. 180

2. Joint Statutory Committees • Australian Security Intelligence Organization .... ...... ......... .. ....... .......... ...... . 181

• Broadcasting of Parliamentary Proceedings .... .. ...... .......... .. .. .. .... .. ...... ... .. ... 182

• Public Accounts .. ... .. .. ......... .. .. .. .. .......... .... ........ .... .... .... .. .... ...... .. .. .... .. .. ....... 183

• Public Works ..... ... .. .... .... ...... ......... ... .. .. ......... ..... ..... .... .. ... .... ..... ... ..... ....... : ... 185

In the Chillllber ... .. ............ .... ...... ...... ...... ... ..... .... .. .. ... ....... ... ........ .... ...... .... .... .. .. ...... .. ... .. ... 187

Appendices ..... ... ... ... .... ... .... ..... ..... ............. .. ... ... ..... ........ ... .... .. .. ... .. ... ... ...... ...... ... ..... ... .. .. .. 193

1 Departments/agencies examined by legislation committees, budget estimates 1996-97 .. 194 2A Additional information tabled by legislation committees, budget estimates 1996-97 ...... 197 2B Additional information tabled, budget estimates 1996-97 portfolio summary .... .. ........ .. . 199 3 Bills referred to committees I January to 31 December 1996 ........................................... 20 I

4 Reports tabled by committees administered by the Senate Committee Office 1 January to 31 December 1996 ...... .... ... .... .. .................... .... .. .. .. ............ ... ... .. . 203

5 Government responses to reports tabled by committees administered by the Senate Committee Office I January to 31 December 1996 .... .. ........ .. .. .. ... ... .. .... ....... 206

IV

INTRODUCTION

This publication brings together information previously published in several different places. It is intended as a replacement for the supplement on the work of committees to the Department of the Senate's Annual Report, and for the Committee Office Information Bulletin and Estimates Supplement. It also incorporates material on committees previously published

in Business of the Senate, to which this is a companion volume.

While the majority of Senate committees is staffed by the Committee Office, there are several committees supported elsewhere in the department. As well, there are several joint committees on which senators serve that are administered by the Department of the House of Representatives. Although its chief focus is on committees administered by the Senate Committee Office, this volume includes information about all committees on which senators

serve.

On 24 August 1994, the Senate agreed to restructure its committee system to take effect from I 0 October 1994. A brief summary of the implications of this change can be found in Work of Committees I January 1994 - 31 December 1994.

Like Business of the Senate, Work of Committees is produced twice a year, at the end of June and a consolidated version at the end of December.

v

II

Committees CA C&S cs

DRW ECO EET ERCA FDT FPA LC NCA NT

RRAT SUP UMM VCI

Political Affiliations AD AG ALP CLP GWA IL Ind LP NPA

Miscellaneous MP PIT sec temp

Abbreviations and Explanatory Notes

ABBREVIATIONS

Community Affairs Corporations and Securities Community Standards Relevant to the Supply of Services Utilising Electronic Technologies Dangers of Radioactive Waste Economics Employment, Education and Training Environment, Recreation, Communications and the Arts Foreign Affairs, Defence and Trade Finance and Public Administration Legal and Constitutional National Crime Authority Native Title and the Aboriginal and Torres Strait Islander Land Fund Rural and Regional Affairs and Transport Superannuation Uranium Mining and Milling Victorian Casino Inquiry

Australian Democrats Australian Greens Australian Labor Party Country Liberal Pm1y Greens (Western Australia) Independent Liberal Independent Liberal Party of Australia National Party of Australia

Member of Parliament (House of Representatives) Part time Secondee Temporary

vi

EXPLANATORY NOTES

Terms and date of appointment: For the history of a senator's appointment to a committee, see Parliamentary Handbook of the Commonwealth of Australia (27th edition).

Government responses tabled: Only government responses tabled during the period 1 January - 31 December 1996 are included in this publication. For details of the tabling of government responses, see Register of Senate Committee Reports,

Senate Committee Office.

Report/government response summaries:

Committees administered by the House of Representatives

37th Parliament

For summaries of reports and summaries tabled during the 37th Parliament to 31112/93 , see Committee Office Information Bulletin (vols 19 and 20), Senate Committee Office. Summaries of reports and government responses tabled during 1994 and 1995 and 1 January to

30 June 1996 may be found in the previous editions of Work of Committees tabled 23 August 1994, 6 February and 22 August 1995, 30 April and 21 August 1996.

For further information on committees not administered by the Department of the Senate, see Work ofthe Session , Department of the House of Representatives.

Details of membership, inquiries, meetings, reports and government responses for the 37th Parliament covered by the period 1 January to 29 April 1996 are included in the Work of Committees I January 1996 to 30 June 1996 tabled 21 August 1996.

Vll

GENERAL INFORMATION

Phone (06) Fax (06)

Clerk Assistant (Committees) Mr Cleaver Elliott ................ ............ ...... 277 3371 ........... ... ... .. 277 3199

Senior Clerk of Committees Mr Peter Keele ......... .... ... ..... .. ............. ... 277 3506 ......... ........ .. 277 3899

GENERAL INQUIRIES ................................... 277 3555

Internet E-Mail Address ................................... keelep@senate.aph.gov.au

Senate Home Page ............................................. http://senate.aph.gov.au

Senate Committees Page http://senate.aph.gov.au/committee/commfp.html

Other publications available from the Committee Office:

• Consolidated Register of Senate Committee Reports ( 1970 - 1995) - Supplements are published at the end of each year • The First 20 Years (History of Senate Legislative and General Purpose Standing Committees 1970 - 1990) • Business of Committees (Program of committee public hearings held at Parliament

House)*

• Public Hearings/Meetings list (list of all public hearings to be held in the following fortnight, published every Friday)* • Bills to Committees Update (providing details on the progress of legislation through Senate committees)* • Information pamphlets*-

No . 1 Notes to Assist in the Preparation of Submissions to Senate Committee Inquiries No.2 Information for Witnesses Before Senate Committees (general information and notes to assist with the preparation of oral evidence

before Senate committees) No. 3 Protection of Witnesses Before Senate Committees (Senate · Privilege Resolution No. 1 on procedures to be observed by Senate committees for the protection of witnesses) No.4 Government Guidelines for Official Witnesses before Parliamentary

Committees and related matters (Extract) • Committee Office Staff Manual (including Legislation Committees Staff Manual : Administration of the Estimates Process) • Guidelines for Committee Chairs • Senate Committees: A Handbook for Senators' Staff

* available on the Internet

Vlll

DIRECTORY OF COMMITTEES

Committee Type Administered Phone (06) Fax (06)

Appropriations and Staffing .. ... .. ..... .. ... ... .... ......... Standing ..................... S .............. .... . 277 3003 ....... 277 3098

Australian Security Intelligence Organisation ..... . Joint Statutory .. ......... H ................... 277 4348 ....... 277 4827

Broadcasting of Parliamentary Proceedings ......... Joint Statutory ....... .. .. H .. ...... ........... 277 4888 ....... 277 4204

Community Affairs* .. ... .. .. .. .... .................... ....... .. LGPS .. .. ............ .. ... .... S ... ... .... .. ....... 277 3515 ....... 277 5829

Community Standards Relevant to the Supply of Services Utilising Electronic Technologies .... Select .. .. ............ .. ....... S .. .. ... .. ..... .. ... 277 3646 ....... 277 5809

Corporations and Securities .......... ... ... .................. Joint Statutory ............ S ............ ... .... 277 3580 .. ..... 277 5866

Dangers of Radioactive Waste ........... .. .... .... ........ Select ...... .. .. .. ...... ....... S ................... 277 3506 ..... .. 277 3899

Economics* .................. .. .......... .... .................... .... LGPS .... ..................... S ...... .. ........... 277 3541 .. .. ... 277 5719

Electoral Matters .... ............................................ .. Joint Standing ........... H .............. ..... 277 4622 ....... 277 4710

Employment, Education and Training* .......... .. .... LGPS .... .. ..... .............. S ......... .. ........ 277 3520 .... ... 277 5706

Environment, Recreation, Communications and the Arts* ........................ .. ............................. LGPS ........ .. ............. .. S ................... 277 3525 ....... 277 5811

Finance and Public Administration* .................... LGPS ........................ . S ............ ....... 277 3530 ....... 277 5809

Foreign Affairs, Defence and Trade ....... .. .. .... ...... Joint Standing .. .... .... . H .... ............... 277 4629 ....... 277 2221

Foreign Affairs, Defence and Trade* ...... .. ........ .. . LGPS .... ..................... S .......... ......... 277 3535 .... ... 277 5818

House ....... ............................ ... .. ... ...... ... ... .. ........... Standing ....... ... ......... .. S .. .... ..... ........ 277 3377 ....... 277 3000

Legal and Constitutional* .... ... .... .... ... .... .. ............ LGPS ............ .. ........... S ................... 277 3560 ...... . 277 5794

Library ........................................ ......... ... .............. Standing ... ........... ..... . L ..... .. .. .. .. ...... 277 7102 .. ..... 277 2403

Migration ................................... .. ......................... Joint Standing ........... H ................... 277 4564 ....... 277 8506

National Capital and External Territories ............ . Joint Standing .... ....... H ...... .... ... .. .... 277 2073 ....... 277 8506

National Crime Authority ..................................... Joint Statutory ............ S ..... .............. 277 3565 ....... 277 5866

Native Title and the Aboriginal and Torres Strait Islander Land Fund ......................... Joint Statutory .......... .. S ........... .. ...... 277 3598 .. ..... 277 5794

Privileges ........................................... .. ........... ...... Standing ..................... S .. ......... .. .. .. .. 277 3360 ....... 277 3199

Procedure .......... .. ....... .... ..... .. ... ... ... .. .. ................... Standing ..... ...... .. ........ S ................ ... 277 3350 ...... . 277 3199

Public Accounts .................................................... Joint Statutory ...... .. ... H .......... ... ...... 277 2316 ...... . 277 2220

Public Works .... ........ .. .......................... .. .............. Joint Statutory ...... .. ... H ...... .... ......... 277 2371 .. ..... 277 4426

Publications .................... ...... ....... ........ .. .. .. ... .. ...... Standing ........... .. ........ S ........ .. .... .... . 277 3037 ....... 277 3448

Regulations and Ordinances ................................. Legi slative Scrutiny ... S ........ .. ......... 277 3066 ....... 277 5838

Rural and Regional Affairs and Transport* .. ....... LGPS .. ........ .... .. ........ . S .. .. .. ............. 277 3510 ....... 277 581 I

Scrutiny of Bills ............................. ...................... Legislative Scrutiny ... S ........ .. ......... 277 3050 ....... 277 5838

Selection of Bills .... ....... .. .. .. ... .. ........... .... .. ... ........ Standing .. .. ....... .. ....... . S ..... .. .. ..... ..... 277 3020 ....... 277 3098

Senators' Interests ......... ................. .. .... .. .. .. ... .... .... Standing ...... .. ..... ..... ... S .... ............... 277 3399 ...... . 277 3199

Superannuation .. ....... .. .. .. ........ .. ... ........ .. .. ........... .. Select ........... .. ............ S ........ .. ......... 277 3439 ....... 277 5719

Treaties .................................................. ............. .. Joint Standing ........... H ... ..... ...... ..... 277 4348 .. ..... 277 4827

Uranium Mining and Milling ............. .. ... .. ........... Select .. .. ..................... S .................. 277 3369 .... ... 277 5809

Victorian Casino Inquiry ...................................... Select .. .. ............ .. ...... . S ....... .. .......... 277 3506 .... .. . 277 3899

Code H Department of the House of Representatives L Department of the Parliamentary Library LGPS Legislative and General Purpose Standing S Department of the Senate

Legislation and References Committees

ix

References:

Proposed references:

SENATE COMMITTEE OFFICE STATISTICAL SUMMARY§

Leg Ref Select Joint Total

General Legislation Total

Figure 1. Number of Committees on which Senators Serve* 1970 - 1996

40 '

35 -30

25

20 -

-+- Es-timate_ s_ ------ LGPS --A- -+-Total , - --· * Docs not in clude domesti c or legislativ e scmtiny committees

Submissions:

Leg 14144

Ref 3123

Select 262

Joint 85

Total 17614

Xl

21 38 13 5

77

2

I

3

Pages 49071 18344 2390

1665 71470

Figure 2. Committee Meetings 1 January- 31 December 1996+

100% ..

90%

80% -. I

70% ..

60% j

50%

40%

30%

20%

10% 1

0% --

< 0 t;; u u "' "'

!! -

-

< < u 0..

"'

u.

"'

I

I "' u

I

I

,---- - - --·----- --------::l

1 •public Opriva te • in camera Cinspec tion mbriefing --- -----------

I I

1.1 < u z f­ z

+ totals combine legislation and references committees ' details and show the number of each type of meeting as a proportion of the total number of meetings for each committee

Government responses:

Reports referred: Petitions forwarded:

General Annual Reports Legislation Total

Figure 3. Committee Meeting Times 1 January- 31 December 1996+

100% 1

80% -

60% I

40% _ ,_

20%

0% ..

< u § < .. u. "' u u >

•public Dpri vate S in camera [] inspection Cbriefing • other

6 z

f­ z

18 2

I

21

321 123

+shows type of meeting as a proponion of total meeting times of committees administered by the Senate Co mmittee Office

XJI

Reports tabled : Leg 53

Ref 22

Select 9

Joint 6

Total 90

Reporting extensions: Leg 33

Ref 9

Select 4

Joint 0

Total 46

Meetings:

Number Hours

Ref Leg Set Jnt Ref Leg Set Jnt

Public 73 88 12 26 362 :38 522:59 44:55 95 :28

Private 134 106 37 39 117:01 36:27 26:42 25 :15

In camera 0 3 3 I :35 0:00 2:45 3:19

Inspection 4 0 0 0 15:50 0:00 0:00 0:00

Briefing 3 0 0 4 2:45 0:00 0:00 7:34

Other 1 0 0 0 I :45 0:00 0:00 0:00

Total 216 194 52 72 501:34 559:26 74:22131:36

Figure 4. Proportion of Meeting Time by Committee Type 1 January -31 December 1996

Witnesses:

Select 6%

References 40%

Leg Ref

Joint 10%

Select Joint Total

xiii

Legislation 44 %

2959 1015 160 237 4371

Pages of Evidence: Leg 5768

Ref 7169

Select 1346

Joint 2396

Total 16679

Hearings televised: Leg 75

Ref 23

Select 3

Joint 8

Total 109

Hearings by State: ACT 119

NSW 21

NT 8

Qld 10

SA 8

Tas 6

Vic 16

WA II

Total 199

Figure 5. Percentage of Public Hearings by State: 1 January- 31 December 1996

6%

1•ACT DNSW

DNT

5%

!illQld

4% •sA

59%

eTas

•Vic ewA

XIV

Figure 6. Percentage of Public Hearings by Region: 1 January- 31 December 1996

Re g ional Centre 10%

Capital C ity 90%

Figure 7. Hours of Senate Committee Meetings* compared with Sitting Hours of the Senate 1 January- 31 December 1996

1400

1200

1000

800

600

400

200

Committee

Committees administered by the Senate Committee Office.

Senate

§ "General" includes joint and select committee inquiri es. Legislation references of select committees are included under " legi slation" .

XV

COMMITTEES ADMINISTERED BY THE DEPARTMENT OF THE SENATE

Legislative and General Purpose Standing Committees

Following the restructure of Senate committees effective from 10 October 1994, eight pairs of legislative and general purpose standing committees were established under revised Senate Standing Order 25 . Each pair consists of a Legislation Committee which examines legislation referred to it by the Senate, monitors the administration and annual reports of government portfolios (a number of which are allocated to each committee), and takes over the role of the former estimates committees in the scrutiny of proposed annual and additional expenditure; and a References Committee which examines any other matter referred to it by the Senate.

Portfolios are allocated to legislative and general purpose standing committees as follows :

Community Affairs*

Economics*

Employment, Education and Training*

Environment, Recreation, Communications

Health and Family Services; Social Security

Treasury; Industry, Science and Tourism; Industrial Relations

Employment, Education and Training

and the Arts* Environment, Sport and Territories;

Communications and the Arts

Finance and Public Administration*

Foreign Affairs, Defence and Trade*

Legal and Constitutional*

Parliament; Prime Minister and Cabinet; Finance (including Administrative Services)

Foreign Affairs and Trade; Defence (including Veterans' Affairs)

Attorney-General; Immigration and Multicultural Affairs

Rural and Regional Affairs and Transport* Primary Industries and Energy; Transport and Regional Development

*Legislation and References Commillees

2

COMMUNITY AFFAIRS

3

Mr Elton Humphery Dr Sue Rickard Mr Peter Short Ms Leonie Peake Ms Ingrid Zappe

Secretariat

(to both the Legislation &!ld References Committees)

Secretary A/g Principal Research Officer Senior Research Officer Estimates/Research Officer Executive Assistant

·.,

4

Phone (06) 277 3515 277 3504 2773517 277 3516 277 3518

3 7th

References*: Repons referred: Billz referred: Submissio ns:

Annual reports: Legislati on : Oth er: Pages (total) Meetings

Public: Private: In camera: In spection: Briefing: Other: Total: Hearings televised: Witnesses:

Annual reports/other: Estimates: Legislation: Reports tabled:

Annu al reports/other: Estimates: Legislat ion: Hansard pages (total): Additional information tabled:

Pages

Extensio ns: Annual reports: Estimates: Legislation: Government responses tabled:

.

References: Submissions: Pages Meetings

Pub li c: Pri vate In camera: In spection: Briefing: Other: Total: Hearings televised : Witnesses: Reports tabled:

Hansard pages (total): Extensions: Petitions forwarded : Government responses tabled:

I

Community Affairs STATISTICAL SUMMARY

'>{. !'.EG'I.S

38th Total

I I

23 23

6 6

618 618

0 0

527 527

91 91

38 16 3816

13 13

17 17

0 0

0 0 .

0 0

I I

28 28

12 12

407 407

26 26

303 303

78 78

9 9

2 2

I I

6 6

897 897

14 14

3354 3354 7 7

0 0

I I

6 6

0 0

2 2

0 0

0 0

0 0

4 4

0 0

0 0

0 0

0 0

4 4

0 0

0 0

+0 0

0 0

0 0

33 33

I I

5

private 4:57

)

-public 67:38

The Committee met fo r a total of 72 hrs 35 mins • references readopted in 38th Parliament have only been counted once for the total

PROPORTION OF HOURS OF MEETING BY TYPE OF INQU IRY

100%

• 80% ! 60% 40% 1 20% -0% - · ' -· - ' -· -- - -· 0 e § 1f :0 l 1i i "" 5 .;: ·o "' .5 .5 - - - -- -- - O Other • Estimates O Legislati on •NIS - -- - - ---- - . The Committee met tor a total of 38 min s + report presented out of session in December 1995 and subsequently tabled in 38th Parliament- counted in 1995figures

Budget Estimates 1996-97 STATISTICAL SUMMARY

General

Rep011s : Public Hearings: Private Meetings

Hours of Meetings Public Hearings: Private Meetings: Suspensions:

Total minus suspensions

By Portfolio

Main 1

4

2

37:38 0:08 4:19

33:27

Health & Family Services 18 :19 Social Security 14:30

Public Hearings Monday, 16 September 1996 Wednesday, 18 September 1996 Monday, 23 September 1996 Tuesday, 24 September 1996 Monday, 21 October 1996 (S)

Report Tabled 9 October 1996

Additional Information Tabled 11 December 1996 (10 vols).

6

Supplementary Total

1

10:19

0:58

9:21

3:57 6:18

5

2

47:57 0:08 5:17

42:48

22:16 20:48

5:48pm- 1:53am (17.09.96) 12:03pm- 11 :30pm 8:06am-5:28pm 8:41am- 4:55pm 9:12am -7:31pm

Community Affairs Legislation

Method of appointment Pursuant to Senate Standing Order 25.

Current members

Senator Susan Knowles (W A, LP), Chair Senator Meg Lees (SA, AD), Deputy Chair Senator Helen Coonan (NSW, LP) Senator Kay Denman (Tas, ALP)

Senator Alan Eggleston (W A, LP) Senator Belinda Neal (NSW, ALP)

Substitute members

Senator the Hon Brian Gibson (Tas, LP) Senator Sue West (NSW, ALP)*

• to replace Senator Knowles till 4 February 1997 + to replace Senator Denman for the 1996-97 budget estimates

Participating members

Senator Eric Abetz (Tas, LP) Senator Lyn Allison (Vic, AD) Senator Bob Brown (Tas, AG) Senator the Hon Bob Collins (NT, ALP) Senator Mal Colston (Q ld, Ind.)

Senator Barney Cooney (ALP, Vic) Senator the Hon Rosemary Crowley (SA, ALP) Senator Kay Denman (Tas, ALP) Senator Chris Evans (W A, ALP)

Senator the Hon John Faulkner (NSW, ALP) Senator Brenda Gibbs (Qld, ALP) Senator Brian Harradine (Tas, Ind) Senator Sue Mackay (Tas, ALP) Senator Dee Margetts (WA, GWA)

Senator Kay Patterson (Vic, LP) Senator the Hon Margaret Reynolds (Qld, ALP) Senator Natasha Stott Despoja (SA, AD)

Senator Sue West (NSW, ALP) Senator John Woodley (Qld, AD)

• for 1996-97 budget estimates

7

Date of appointment 08.05.96 02.05.96 01.07.96 02 .05.96 01.07.96 02.05.96

Date of appointment 05.12.96* 11.09.96+

Date of appointment 09.05.96 10.09.96 01.07.96 02 .05.96

20.06.96 11.09.96 11.09.96 14.10.96* 11.09.96 02.05.96

11.09.96 08.05 .96 27.06.96 02.05.96 01.07.96

17.09.96 11.09.96* 06.11.96 02.05 .96

Former members

Term of appointment

Senator Kay Patterson (Vic, LP) 08.05.96-30.06.96

08.05 .96-30.06.96 Senator the Hon Bob Woods (NSW, LP)

Former participating members

Senator Christabel Chamarette (WA, GWA) Senator the Hon Rod Kemp (Vic, LP) Senator Kate Lundy (ACT, ALP)

Term of appointment 02.05.96-30.06.96 12.09.96-17.10.96 08 .11.96only

11.10.96-21.10.96 Senator Shayne Murphy (Tas, ALP)

Current inquiries • The continued monitoring of the operation of the Health Legislation (Private Health Insurance Reform) Amendment Act 1995 (referred 9 October 1996) • Provisions of the Commonwealth Services Delivery Agency Bill 1996 (referred

12 December 1996)

Public hearings • Budget estimates 1996-97 - 16, 18 , 23 and 24 September, 21 October 1996, Canberra • Health Legislation (Private Health Insurance Reform) Amendment Act 1995 - 24 July, Sydney; 25 July 1996, Canberra • Social Security Legislation Amendment (Budget and Other Measures) Bill 1996 -

30 October 1996, Canberra • Health Insurance Amendment Bill (No. 2) 1996 - 7 November 1996, Canberra • National Health (Budget Measures) Amendment Bill1996- 7 November 1996, Canberra • Child Care Legislation Amendment Bill 1996 - 8 November 1996 • Social Security Legislation Amendment (Further Budget and Other Measures) Bill 1996 -

8 November 1996, Canberra • Health Insurance Amendment Bill (No. 2) 1996 - 18 November 1996

Reports tabled 30 Apri/1996 to 31 December 1996 • Examination of annual reports, May 1996 (tabled 30 May 1996) • Report on references of the 37th Parliament (Health Legislation

(Private Health Insurance Reform) Amendment Act 1995) (tabled 30 May 1996) • Review of the Health Legislation (Private Health Insurance Reform) Amendment Act 1995 (tabled 19 September 1996) • Estimates Report, October 1996 (tabled 9 October 1996) • Social Security Legislation Amendment (Budget and Other Measures)

Bill 1996 (tabled 6 November 1996) • Social Security Legislation Amendment (Further Budget and Other Measures) Bill 1996- Schedule 2 (tabled 18 November 1996) • National Health (Budget Measures) Amendment Bill 1996 (tabled 19

November 1996) • Child Care Legislation Amendment Bill 1996 (tabled 26 November 1996) • Health Insurance Amendment Bill (No. 2) 1996 (tabled 26 November

1996)

8

Report summaries • Review of the Health Legislation (Private Health Insurance Reform) Amendment Act 1995 In May 1995 the Senate referred to the committee the ongoing monitoring of the

implementation and operation of the Health Legislation (Private Health Insurance Reform) Amendment Act 1995 during the first 12 months after its enactment, with particular reference to the collection of data under the legislation and its provision to the Department of Human Services and Health-now the Department of Health and Family Services-and the Private Health Insurance Administration Council.

The committee examined the extent to which the objectives of the Act had been realised including whether there had been any reduction in the cost of private health insurance premiums; whether the range of private health insurance products had increased; and whether wider access to health insurance information had been provided to consumers.

The committee's report discusses, inter alia, the passage of the legislation through the Parliament and the concerns raised at the time; the continuing decline in private health insurance membership; medical provider agreements; negotiations with health funds ; public scrutiny of contracts; and collective negotiations with health funds .

The committee found that, to date, evidence indicated that the reforms had not successfully met the objectives of the Act, with private health insurance membership continuing to decline, the value of private health cover continuing to be queried; and information on health insurance still requiring improvement. The committee made 24 recommendations, including that medical purchaser-provider agreements continue and that they be open to public scrutiny; that the Purchaser-Provider Panel be reconvened and the sunset clause limiting the life of the

Panel removed; that insurance funds, medical providers, hospital and other relevant organisations take on a greater responsibility for the production and dissemination of information on private health insurance, and that the information be provided in languages other than English. The committee also recommended that a review of data collection at federal and state levels be conducted to prevent duplication of effort and resources; the establishment of the Private Hospital Data Bureau; and that the role of the bureau in data collection and dissemination be included in the review.

The committee, while acknowledging the value of the Private Health Insurance Complaints Commissioner's Office to the health industry and its consumers, indicated that it was too early to make any recommendations to expand the Commissioner's role or powers.

The chair of the committee, in her tabling statement, indicated that the committee would continue to monitor developments in the health insurance industry and the operation of the Act by examining a number of issues, including the relevance of the community rating principle; the public/private health sector mix; technological developments in patient care; the need to widen the scope of insurance products; and the scope for reducing regulation of the industry.

9

• Estimates Report, October 1996 General issues The Committee expressed dissatisfaction at the standard of the Portfolio Budget Statements. In particular, it was difficult to obtain the ' full picture' when measures crossed programs. DSS 's Statements provided a further difficulty by listing measures on a program rather than sub-program basis.

Health and Family Services Portfolio Program 1 -Public Health Sub-program 1.1 -Public Health Development and Programs The Committee discussed the National Drug Strategy in relation to tobacco, alcohol, illicit drugs. A Ministerial tobacco advisory group has been established to report on a new approach to the reduction of smoking in particular target groups of the Australian population.

The Committee considered a range of specific public health issues including immunisation programs for hepatitis strains; impact on breast feeding awareness campaign of the practice in some hospitals where companies actively ply their infant formula products; the draft men's health policy; cervical screening and the difficulties in getting accurate estimates of the percentage of women being screened; breast screening program; and the HIV-AIDS strategy.

Sub-program 1.2- Health Regulation In relation to the Therapeutic Goods Administration the Committee discussed fee adjustments, self-regulation of low risk medical devices, implications of results of the Chiron Murex court case on the availability of Hepatitis C testing kits, the current situation with single use products that have been regularly used on multiple occasions and the permanent marking of therapeutic goods to enable the tracking of implantable devices.

The Committee also questioned measures to increase cost recovery within the Authority, the availability on a fee-for-service basis of particular scientific and technical expertise, difficulties with the enforcement provisions for food standards in Australia and country of origin labelling.

Program 2 - Health Care and Access Sub-program 2.1 - Medicare Benefits and General Practice Development The Committee discussed the introduction of pharmacy-based Medicare claiming services and the closure of Medicare offices. The Committee questioned the reduction of Medicare benefits for psychiatry when 50 services per annum are reached and was advised that while about 2,500 patients would be affected, it was not entirely clear what clinical conditions these patients suffered. The Committee also questioned the removal of Medicare benefits for sterilisation reversal.

The Committee discussed a range of issues relating to specialist medical trammg and restructuring and issues involved with getting more doctors into rural and regional areas.

The Committee also discussed the oversupply of doctors which was going to lead to a number of new doctors being prevented from billing Medicare by not being given a Medicare provider number.

10

ln relation to the increased Medicare levy for higher income earners without private health insurance, the Department indicated that insurance with private hospital cover would be required to avoid the levy.

The Committee discussed a number of other measures within this sub-program including restructuring in areas of diagnostic imaging, restructuring Medicare benefits for assistance at operations, and the impact of the private health insurance incentives.

Sub-program 2.2- Pharmaceutical Benefits The Committee discussed the range of measures being undertaken to reduce unnecessary drug use.

Sub-program 2. 3 -Acute Care The Committee considered a range of measures relating to acute care including the revised process of approval for health fund increases; the establishment of six university departments of rural health and further specialist and general practitioner locum support; the impact of the

cessation of the dental health program; and the savings accruing to public hospitals as a result of the private health insurance incentive.

Sub-program 2.4- Mental health The Committee considered a number of issues relating to the National Mental Health Strategy and especially the National Youth Suicide Strategy.

Program 3 - Aboriginal and Torres Strait Islander Health The Department advised the Committee that since the office of Aboriginal and Torres Strait Islander Health took over from ATSIC it is funding 169 health and substance abuse services. the Committee particularly discussed the impact for CDEP programs, women' s health and

drug and alcohol areas.

Program 4 - Children 's Services - National Childcare Accreditation Council In relation to the Government's intention to review the current childcare accreditation procedures and guidelines, the National Childcare Accreditation Council would prepare a report on recommendations for change.

Sub-program 4. 3- Australian Institute of Family Studies The Committee discussed a range of issues relating to the activities of the AIFS including the cancellation of a major project on the impact of information technology in

telecommunications on Australian family life; priorities in the current research program; commercial contract activities and work undertaken for government departments and agencies in the previous financial year.

Sub-program 6. 5 - Hearing Services The Committee was advised that the development of the voucher system to deliver hearing services in continuing.

11

Social Security Portfolio Program 1 -Income Security for the Retired The Committee questioned the impact of the measure to modify eligibility and payment conditions for partner and widow allowance recipients and widow pensioners.

The Committee also questioned the application of the deeming rate of 5 per cent to the first $2000 in cash and deposits with banks, building societies and credit unions.

The Committee was advised that the home equity conversion loans scheme, whose funding expired on 30 June 1996, was currently being evaluated, particularly in relation to its effectiveness regarding costs and the alternative products that may be available, before a decision is made to continue with this, or a similar, scheme.

The Committee also considered issues relating to the structural reform of residential aged care and the rationalisation of income support payments by the Departments of Veterans' Affairs and Social Security.

Program 2 - Income Security for People with Disabilities and the Sick The Committee questioned the numbers involved and the process for medical reviews of blind pensioners and disability support pensioners who were previously receiving Invalid Pension and had been transferred to Disability Support Pension without a medical review.

The Committee discussed the More Intensive and Flexible Services pilot which is testing the feasibility of providing pre-vocational assistance to enable those with severe or multiple disabilities to access vocational training under the Disability Reform Package; the trials of alternative disability and work capacity assessment tools, particularly ERGOS work simulator units; the increased flexibility of the Carer Pension arrangements and the establishment of a pattern of extra care and attention required for eligibility to receive child disability allowance under the limitations of payment of arrears for new grants to three months prior to the date of claim.

Program 3 - Income Security for the Unemployed The Committee questioned the measures to increase voluntary work participation for unemployed people with an approved organisation.

The package of measures intended to tighten Job Search and Newstart Allowance activity test administration was questioned at some length by the Committee, including how a savings figure of $328m was derived.

The Committee was advised that the dedicated telephone contact service for employers had received 3,387 calls between 6 May and 19 September. The majority of these calls sought general information about DSS programs or activities, employer contact certificates or CES programs. Only 30 provided advice of alleged non-compliance.

The Committee also discussed the employer-contact certificates; the extension of the Maximum Liquid Assets Test waiting period from four to 13 weeks; the new arrangements for job seekers with severe barriers to employment such as physical disability combined with other factors including work history; and partner allowance.

12

Program 4 - Income Security for Families with Children The Committee discussed the Family Tax Initiative including the broad-brush castings, the publicity campaign to be undertaken in conjunction with the ATO between November and early January, the post-implementation review and later evaluation.

The provision of Childcare Assistance and Childcare Cash Rebate to families was questioned by the Committee, in particular the option to redirect payment to child care services.

Program 5 - Housing The Committee considered a range of issues relating to housing access and affordability, including the suggestion that superannuation funds might move into low cost housing. The Committee discussed the COAG housing reforms and renegotiation of the Interim

Commonwealth-State Housing Agreement.

The Committee also discussed the profile of and impact on the 80 000 single people sharing accommodation who would be affected by the reduction in rent assistance to singles.

Program 6- Special Payments and Services The Department confirmed that migrants who otherwise would be subject to the 2-year waiting period would have access to special benefit as a safety net in a range of

circumstances.

Program 7 - Corporate The Committee considered the impact of amalgamating the functions of the CES and DSS offices into a new service delivery agency on staff numbers, office closures, and convenience for clients.

The Committee was advised that the network replacement computer system had been introduced in a short time and within costs and was running very effectively.

The SSAT informed the Committee that the number of applications for review lodged in 1995-96 was up by 30 per cent on the previous four financial years.

• Social Security Legislation Amendment (Budget and Other Measures) Bi111996 The bill, the provisions of which were referred to the committee on l 0 October 1996, gives legislative effect to a number of 1996-97 budget measures including the proposed abolition of the minimum rate of payment for various allowances for people under the age of 18 years; changes to the activity test and penalty periods for Newstart and Youth Training allowances; changes to eligibility provisions for unemployment benefits arising from industrial action; changes to the assessment procedures for the Disability Support Pension and Child Disability

Allowance; and the alteration of compensation recovery provisions of the Social Security Act to include the age pension as a compensation affected payment under certain circumstances.

Government members of the committee supported the bill and recommended that the bill proceed.

A minority report presented by Opposition and Democrat members of the committee were of the view that the legislation was inequitable. The minority report contained 14

13

recommendations, including that Schedule 3 relating to the abolition of minimum rates of payment to people under 18 years be removed from the bill; that amendments be made to provisions relating to the revised activity test for Newstart and youth training allowances; and that provisions abolishing the earnings credit scheme and access to unemployment payments for 6 weeks after industrial action, be omitted from the bill.

• Social Security Legislation Amendment (Further Budget and Other Measures) Bill 1996- Schedule 2 Schedule 2 of the Social Security Legislation Amendment (Further Budget and Other Measures) Bill 1996 sets a new maximum rate of rent assistance for single people sharing accommodation, which is two-thirds the rate applicable to single people living independently. The provisions of Schedule 2 of the bill were referred to the committee on 31 October 1996.

The committee examined issues including the impact of the proposal on the young; comparisons in terms of equity between single sharers and couples or families who receive rent assistance; and the impact of the proposed measure on people with disabilities living in group houses.

The Government members of the committee recommended that the bill be proceeded with, stating that it would result in a more equitable treatment for singles and families in similar circumstances.

A joint Opposition/Democrat minority report opposed the change on the grounds that it was inequitable and introduced administrative complexity into the system, and recommended that the schedule be omitted from the bill.

• National Health (Budget Measures) Amendment Bill1996 The bill, the provisions of which were referred to the committee on 17 October 1996, provides for changes to subsidies fo r listed pharmaceuticals under the Pharmaceutical Benefits Scheme (PBS) by increasing the patient contribution in both the general and concessional categories; and changing the arrangements for indexing patient contributions and the general safety net threshold.

The committee examined the effects of the changes on pensioners and whether an increase in co-payments would reduce demand for pharmaceuticals.

Government members concluded that the majority of pensioners would not be adversely affected by the changes because of PBS safety net arrangements and access to the Pharmaceutical Allowance, and recommended that the bill proceed.

Two minority reports were presented. Opposition members of the committee recommended that the schedule of the bill be opposed, citing the negative effects on access to health services for pensioners and families. Democrat members also opposed the proposed increases and expressed concern that costs were being shifted back onto those consumers in the worst financial position to bear them.

14

• Child Care Legislation Amendment Bill1996 The Child Care Legislation Amendment Bill, referred to the committee on 17t October 1996, provides for the discontinuation of the operational subsidy for community-based long day care centres (schedule 1) and reductions in the Childcare Cash Rebate for families on higher

incomes (schedule 2).

The committee examined a number of issues, including the effect of the measures contained in schedule 1 of the bill on the quality of care in community based long day care centres; equity for families using private centres vis-a-vis those using community-based centres; restructuring options for community based centres; and whether children with special needs, or families in rural and remote areas would be disadvantaged.

Government members of the committee were of the view that measures already in place would ensure that quality care in community based centres would be maintained; that support for children with special needs is provided through the Supplementary Services (SUPS) program and Special Needs Subsidy Scheme; and that additional funding would be provided to community centres in rural and remote locations to ensure that families would not lose

access to existing child care services, particularly where no private long day care services were available. The report recommended that the bill proceed.

A joint Opposition/Democrat minority report recommended that schedule 1 be omitted from the bill, with senators expressing the view that the abolition of the operational subsidy would limit parents' child care choices and adversely effect affordability and quality of child care.

• Health Insurance Amendment Bill (No.2) 1996 The bill, referred to the committee in October 1996, amends the Health Insurance Act 197 3 to set minimum proficiency requirements which new medical practitioners must meet before the services they provide attract Medicare benefits, and increases the gap between the Medicare

Benefits Schedule fee and the Medicare benefit payable for any out-of-hospital service.

The majority of submissions to the committee commented on the requirement that new doctors undertake recognised post-graduate training prior to being eligible to receive a 'doctor provider number' . The report discusses the Government's policy goals underlying the changes; the effect of the proposal on current medical students, new graduates, Junior Doctors and female graduates; the impact on the distribution of doctors between rural and urban centres; the roles of Temporary Resident Doctors and/or Overseas Trained Doctors; and the

Medicare 'gap' issue.

The committee noted several areas of concern relating to the proposed changes that would require ongoing monitoring, including the effect of the changes on the availability of locums in rural, metropolitan and deputising services; consideration of the creation of an accreditation system for the General Practice Training Program; the evaluation of rural training incentives and schemes; and the possible establishment of a national body with responsibility for developing strategies and policies for medical training in Australia.

Government members of the committee recommended that the bill be proceeded with.

15

Two minority reports were presented. Opposition members were concerned at the retrospective effect of the legislation on current medical students and interns. They expressed the view that, rather than limit the number of Medicare provider numbers available to Australian medical students, medical school intakes should be lowered and access for overseas trained doctors restricted. Opposition members also did not support the increase in the gap for out-of-hospital Medicare services or the removal of the right to claim a higher fee for services unusually lengthy or complex. An Australian Democrat dissenting report outlined various concerns with the legislation and made a number of recommendations, including that the start-up date of the legislation be delayed until 1 November 1997; the establishment of a Medical Training Review Panel to monitor the take-up of training places by medical graduates; that the time allowed for the completion of GP training be increased from 4 to 6 years; and the establishment of a medical 'Training Pathways' program.

Government responses tabled No government responses were tabled during the reporting period.

Year in review

During 1996 the committee tabled a report on the Review of the Health Insurance Legislation (Private Health Insurance Reform) Amendment Act 1995, a matter originally referred to the committee in May 1995, following passage ofthe Act. In addition, the committee reported on several bills and concluded an extensive round of Estimates hearings.

The inquiry into the implementation and operation of the Health Insurance Legislation (Private Health Insurance Reform) Amendment Act attracted considerable interest, especially from those organisations and individuals who had made previous representations to the committee during the course of its March 1995 inquiry into the Health Legislation (Private Health Insurance Reform) Amendment Bill 1994.

As a number of organisations took the opportunity of commenting in their submissions on broader issues relating to private health insurance arrangements and the delivery of health services generally, the committee decided it would focus on these broader issues after it had examined the more immediate issues concerning the implementation and operation of the Act. The committee will consider its overall approach to this aspect of the inquiry following completion of the Productivity Commission's review of private health insurance aiTangements, which is due to report in February 1997.

As a result of concerns and issues raised during the inquiry, the committee proposed that it continue monitoring the operation of the Act and report to the Senate by July 1998. This was formally agreed to by the Senate in October 1996.

The committee also reported on five budget-related bills. Two bills in particular, the Health Insurance Amendment Bill (No. 2) 1996 and the Child Care Legislation Amendment Bill 1996, attracted considerable public input reflected in the number of submissions received. The other bills inquiries, which dealt with budget-related matters in the social security and health areas, attracted input from a diverse range of interested groups and individuals, including welfare, pensioner and consumer groups.

16

A notable feature of all bills inquiries was that they resulted in majority and dissenting reports . To ensure their widest possible dissemination, several of the bills reports were placed on the Internet shortly after tabling.

On 12 December· 1996 a further bill, the Commonwealth Services Delivery Agency Bill 1996, was referred to the committee for report by 18 March 1997. The committee has sought submissions on this bill and expects to hold a public hearing shortly after Parliament resumes in 1997.

17

Community Affairs References

Method of appointment Pursuant to Senate Standing Order 25.

Current members

Senator Sue West (NSW, ALP), Chair Senator Susan Knowles (W A, LP), Deputy Chair Senator Helen Coonan (NSW, LP) Senator Kay Denman (Tas, ALP) Senator Jeannie Ferris (SA, LP) Senator Meg Lees (SA, AD) Senator Belinda Neal (NSW, ALP) Senator Kerry O'Brien (Tas, ALP)

Substitute members

Senator Lyn Allison (VIC, AD) Senator the Hon Brian Gibson (Tas, LP)

*to replace Senator Lees for housing assistance inquiry + to replace Senator Knowles til/ 4 February 1997

Participating members

Senator Bob Brown (Tas, AG) Senator the Hon Bob Collins (NT, ALP) Senator Mal Colston (Qld, Ind) Senator the Hon John Faulkner (NSW, ALP) Senator Dee Margetts (WA, GWA)

Former members

Senator Mal Colston (Qld, Ind) Senator Jeannie Ferris (SA, LP) Senator the Hon Rod Kemp (Vic, LP) Senator the Hon Margaret Reynolds (Qld, ALP) Senator the Hon Bob Woods (NSW, LP)

Former participating member

Senator Christabel Chamarette (WA, GWA) Senator Brian Harradine (Tas, Ind)

18

Date of appointment 02.05.96 02.05.96 22.08.96 02.05.96 21.08.96 02.05.96 02 .05.96

10.09.96

Date of appointment 10.12.96* 05.12.96+

Date of appointment 01.07.96 02.05.96 29.10.96 02.05.96 02.05.96

Term of appointment 08.05.96-10.09.96 01.07.96-12.07.96 02 .05.96-22.08.96 02.05.96-08.05.96 02 .05.96-30.06 .96

Term of appointment 02 .05.96-30.06.96 08 .05.96-21.05.96

II

Current inquiries • Current arrangements for the provision of housing assistance in Australia, including the public provision of housing, cash subsidies and taxation measures, and options for refmm of those arrangements (referred 9 December 1996) • Amendments moved by Senator Neal to the Health Insurance Amendment Bill (No.2)

1996 in relation to access to medical records (referred 14 December 1996 am)

Public hearings No public hearings were held during the period under review.

Reports tabled 30 Apri/1996 to 31 December 1996 • The tobacco industry and the costs of tobacco-related illness (presented to the President on 15 December 1995 ; tabled

30 April 1996; see 1995 annual edition of Work of Committees)

Government responses tabled 30 April 1996 to 31 December 1996 • Psychotherapeutic medication in Australia (tabled 2 December 1996; report tabled 5 June 1995)

Government response summary In response to the committee's 24 recommendations, the Government supported 23. The Government advised that a number of the recommendations were being implemented as part of the National Mental Health Strategy. The Government also noted that the committee's

recommendations had been referred to state and government health ministers for consideration in the future planning of mental health services.

The Government supported the principle underlying the recommendation relating to hospital re-admissions, but did not support the specific requirement that the Department of Health and Family Services make available reports on the percentage of re-admissions resulting from a failure to take medication and other factors such as a shortage of required support services in the community. The Government supported in part the committee's recommendation on the inclusion of various additional statistics in the annual reports of Australian Statistics on Medicine.

Documents tabled • Commonwealth/State/Territory correspondence on progress concerning the implementation of the recommendations in the Report on Breast Cancer Screening and Treatment in Australia (tabled

27 June 1996)

19

Year in review The committee did not receive any formal references until very late in the year. The committee had considered pursuing certain social security and health issues which arose from the budget. However, these issues were taken up by the Legislation Committee in its consideration of the budget-related bills.

On 9 December 1996 a wide ranging reference on public housing, which called for an examination of the current arrangements for the provision of housing assistance, including the public provision of housing, cash subsidies and taxation measures, and options for reform of those arrangements, was referred to the committee. The committee will consider its approach to the conduct of this inquiry in early 1997. The inquiry has a reporting date of September

1997.

A further reference relating to access to medical records was given to the committee on 13 December 1996. The reference was in the form of amendments which had been unsuccessfully moved by the Opposition to the Health Insurance Amendment Bill (No. 2) 1996. The committee has invited submissions for this reference and is due to report by 25 March 1997.

As part of its on-going monitoring of report recommendations the committee, on 27 June 1996, tabled responses received from Commonwealth, State and Territory Governments on the progress made in implementing the recommendations contained in the committee's 1994 report on Breast Cancer Screening and Treatment in Australia. The responses indicated that most of the committee's recommendations have, or are in the process of being, implemented.

Meeting with South African Parliamentary Delegation On 17 September 1996 the committee held informal discussions with members of the South African Portfolio Committee on Reconstruction and Development. The meeting provided an opportunity to discuss a wide range of issues especially related to social security, health and disability matters. The delegation also had the opportunity to 'sit in ' on an Estimates hearing.

20

ECONOMICS

21

Mr Rob Diamond Dr Pippa Carron Mr Geoff Dawson Ms Merrilyn Pyle Ms Rachel Kelly

Secretariat

(to both the Legislation and References Committees) Phone (06)

Secretary 277 3541

Principal Research Officer (temp. PIT)277 3542 Senior Research Officer 277 3543

Estimates/Research Officer 277 3740

Executive Assistant 277 3540

22

References*: Reports referred: Bills referred: Submissions:

Annual reports: Legislation: Pages (total) Meetings

Public: Private: In camera: In spection:

Briefing: Other: Total: Hearings televised: Witnesses:

Annual reports: Estimates: Legislation: Reports tabled:

Annual reports: Estimates: Legislation: Hansard pages (total):

37th 2

4

Additional information tabled:

Pages

Extensions: Annual reports: Estimates: Legislation: Government responses tabled:

References*: 2

Submissions: I 0

Pages 153

Meetings Public: 3

In camera: 0

l nspection: 0

Briefing: 0

Other: 0

Total: 3

Hearings televised: 0

Witnesses: 30

Reports tabled: 0

Hansard pages (total): 585

Extensions: 0

Petitions forwarded : 0

Government responses tabled: 0

Economics

STATISTICAL SUMMARY

38th 4

58 4

171 0

171 1732

11

13 0

24 10 536 0

436 100 8

2

5

764 10

1649 3

3

*3

1401 7588

20 21 0

I

42 3

386 +4

2509 0

6

2

Total 4

58 4

171 0

171 1732

11

13 0

24 10 536 0

436 100 8

2

5

764 10

1649 3

3

3

1411 7588

23 21 0

1

45 3

416 4

3094 0

6

2

private 5:42

public 72:19

T he Committee met for a total of 78 hrs I min *references re-adopted in 38th Parliament have only been counted once for the total

23

PROPORTION OF HOURS OF MEETING BV TYPE OF INQUIRY

100% ,.

80% -

60%

40%

20%

0%

c

l 1 Lll!!Annual private 2 1: 3 1

The Committee met for a total of 174 hrs 29 mins

public 152 :13

*includes bill referred; references readopted in 38th Parliament have only been counted once for the total + one report presented out of session in 3 7th Par/ has been included in 1995 statistics

Budget Estimates 1996-97 STATISTICAL SUMMARY

General

Main

Reports: 1

Public Hearings: 4

Private Meetings

Hours of Meetings Public Hearings: 46:03

Private Meetings: 0:00

Suspensions: 6:36

Total minus suspensions 39:27

By Portfolio Industry, Science and Tourism 15:04

Treasury 20:01

Industrial Relations 4:07

Public Hearings Date of Hearing Monday, 16 September 1996 Wednesday, 18 September 1996

Wednesday, 25 September 1996 Thursday, 26 September 1996 Monday, 21 October 1996 (S)

Report Tabled 9 October 1996

Additional Information Tabled

Supplementary 0

13:48 0:00 2:41

11:07

6:30 4:26 0:00

Time - Start/Finish 5:34pm- 1:49am 11 :58am- 2:38am

9:41am 02:03am 9:41am - 4:13pm 9:07am- !0:55pm

18 November 1996 (6 vols), 3 December 1996 (1 vol)

24

Total 1

5

59:51 0:00 9:17

50:34

21:34 24:27 4:07

Economics Legislation

Method of appointment Pursuant to Senate Standing Order 25 .

Current members

Senator Alan Ferguson (SA, LP), Chair Senator the Hon Nick Sherry (Tas, ALP), Deputy Chair Senator Grant Chapman (SA, LP) Senator the Hon Peter Cook (W A, ALP) Senator Andrew Murray (W A, AD) Senator John Watson (Tas, LP)

*discharged from 9 September to 8 October 1996

Substitute members

Senator Winston Crane (W A, LP)*

* to replace Senator Wats on f or matters covered by the Industrial Relations portfolio

Participating members

Senator Eric Abetz (Tas, LP) Senator Mark Bishop (W A, ALP) Senator Ron Boswell (Qld, NPA) Senator Bob Brown (Tas, AG)

Senator Bruce Childs (NSW, ALP) Senator the Hon Bob Collins (NT, ALP) Senator Jacinta Collins (Vic, ALP) Senator Mal Colston (Qld, Ind)

Senator Stephen Conroy (Vic, ALP) Senator Barney Cooney (Vic, ALP) Senator the Hon John Faulkner (NSW, ALP) Senator Michael Forshaw (NSW, ALP) Senator Brian Harradine (Tas, Ind) Senator Sue Mackay (T AS, ALP) Senator Dee Margetts (WA, GWA)

Senator Shayne Murphy (Tas, ALP) Senator Belinda Neal (NSW, ALP) Senator Kerry O'Brien (Tas, ALP) Senator the Hon Chris Schacht (SA, ALP) Senator Natasha Stott Despoja (SA, AD)

#f or the 1996-97 supplementary budget estimates *for the 1996-97 budget estimates

25

Date of appointment 08.05.96* 02.05 .96 08 .05.96 02.05 .96 01.07.96

08.05 .96

Date of appointment 08.05.96

Date of appointment 09 .05 .96 11 .09 .96 18 .09.96 01.07.96

12.12.96 16.09.96 09.05 .96 29.10.96 09.05.96

11.09.96 11.09.96 11.09.96 08 .05 .96 02.05 .96 02 .05.96 11.10.96# 02.05.96 11.09.96 02 .05.96

19.09.96*

Former members

Senator the Hon Nick Minchin (SA, LP) Senator Sid Spindler (Vic, AD)

Former substitute members

Senator Mark Bishop (W A, ALP)+ Senator Stephen Conroy (Vic, ALP)# Senator Winston Crane (WA, LP)* Senator Bill Heffernan (NSW, LP)++ Senator Bill Heffernan (NSW, LP)**

+ replaced Senator Sherry # replaced Senator Sherry from 3. OOpm for hearings on that day *replaced Senator Watson

Term of appointment 09.09.96-08.10.96 02.05 .96-30.06 .96

Term of appointment 11.10.96 only 25.09.96 only 16.09.96-20.09.96 23 .09.96-08.10.96 23.09.96-09.10.96

++ replaced Senator Crane as a substitute for Senator Watson on matters covered by the Industrial Relations portfolio from 9. OOam on 2 5 September 1996 to 9. OOam on 8 October 1996, **replaced Senator Watson on all other matters from 9.00am on 23 September to 9.00am on 9 October 1996.

Former participating members

Senator Bryant Bums (Qld, ALP) Senator Kim Carr (Vic, ALP) Senator Christabel Chamarette (W A, GW A) Senator Michael Forshaw (NSW, ALP) Senator the Hon Brian Gibson (Tas, LP) Senator the Hon Rod Kemp (Vic, LP) Senator Robert Ray (Vic, ALP) Senator Sue West (NSW, ALP)

Current inquiries

Term of appointment 02 .05.96-30.06 .96 20.05.96-11.10.96 02.05 .96-30.06 .96

11.09.96-31.10.96 12.09.96-15.10.96 12.09.96-17.10.96 21.08.96-09.10.96

11 .09.96-04.12.96

• Suitability of redeemable preference shares or other capital raising options for public participation by way of investment in Telstra, other than ordinary voting shares (referred 11 December 1996)

Public hearings • Budget estimates 1996-97 - 16, 18 , 25 and 26 September and 21 October 1996, Canberra • Industry Research and Development Amendment Bill 1996 - 11 and 15 October 1996, Canberra • Bounty Legislation Amendment Bill 1996 - 1 November 1996, Canberra • Taxation Laws Amendment Bill (No. 3) 1996 - 22 November imd 5 December 1996,

Canberra • Workplace Relations and Other Legislation Amendment Bill (No. 2) 1996 - 9 December 1996, Canberra

Reports tabled 30 April /996 to 31 December 1996 • Examination of annual reports No. 1 of 1996 (tabled 22 May 1996) • Consideration of provisions of the . Taxation Laws Amendment Bill

(No.1) 1996 (tabled 17 June 1996)

26

• Examination of annual reports No. 2 of 1996 (tabled 18 September 1996) • Estimates Report 1996-97 (tabled 9 October 1996) • Industry Research and Development Amendment Bill 1996 (tabled 31

October 1996) • Bounty Legislation Amendment Bill 1996 (tabled 28 November 1996) • Taxation Laws Amendment Bill (No. 3) 1996 (tabled 10 December

1996) • Workplace Relations and Other Legislation Amendment Bill (No. 2) 1996 (tabled 11 December 1996)

Report summaries • Examination of annual reports No. 2 of 1996 The committee examined 15 annual reports from the Treasurer's and Industry, Science and Tourism portfolios, including those of the Commonwealth Bank of Australia, Development

Allowance Authority, Prices Surveillance Authority, Companies and Securities Advisory Committee, Foreign Investment Review Board, National Standards Commission and the Safety Review Committee.

The corrunittee expressed concern at the delay between the presentation to the Minister of the annual report of the Corporations and Securities Panel and its tabling in Parliament. The committee was also critical of the delay in the presentation of the annual reports of the Australian Industry Development Corporation and the Safety Review Committee, noting that as they were presented to the President in mid-December 1995, they were not tabled in the

Senate until the end of April 1996.

The committee also noted that the Companies and Securities Advisory Committee had ignored a recommendation by . the Legal and Constitutional Legislation Committee- the committee formerly responsible for examining its report-by failing to include a Freedom of Information Statement in its annual report.

The committee found all reports to be 'apparently satisfactory'.

• Estimates Report, October 1996 Scheduling of estimates hearings The initial allocation of just two shortened s1ttmg days for this committee' s estimates hearings was insufficient and warrants improved planning for future estimates rounds.

Weaknesses in Portfolio Budget Statements A number of committee members and, in fact witnesses, noted weaknesses in the general format of Portfolio Budget Statements. Tables of financial information contained in the Statements were frequently criticised as being unclear.

Parliamentary Secretary as adviser to the minister During one of the committee' s hearings the Parliamentary Secretary to the Treasurer sat with the Assistant Treasurer acting in an advisory capacity. The Parliamentary Secretary was not permitted to answer questions on behalf of the Assistant Treasurer.

27

Staff approaching the table In response to a number of advisers approaching senators at the table, the Assistant Treasurer reminded committee members that only secretariat staff should approach the table.

Changes to p ortfolio programs and reduction in staffing As the first estimates hearings under the Howard Coalition Government, changes to portfolio program structures and reduction in staffing levels generated widespread interest across all agencies examined by the committee.

Superannuation surcharge Senator Sherry conducted extensive questioning concerning the Government's budget initiative of a 15% superannuation surcharge for higher income earners. Senator Sherry was particularly concerned to establish how the Government distinguishes between a surcharge and a tax, suggesting that introduction of the 15% superannuation surcharge contradicted the Government's election manifesto.

Research and development tax concession The reduction of the industry research and development tax concession and abolition of the research and development syndication program attracted extensive questioning, specifically from Senator Cook. Senator Parer defended the Government' s changes as necessary in order to address the budget deficit.

New portfolio agencies Since the change of Government, a number of agencies have been moved to the portfolios overseen by the committee. Agencies such as the Australian Securities Commission and the Federal Bureau of Consumer Affairs attracted significant interest from committee members, contributing to the extensive time required to complete the estimates hearings.

• Industry Research and Development Amendment Bill1996 The bill, referred to the committee· in August 1996, makes changes to the 150% research and development (R&D) tax concession program.

The committee examined provisions requiring companies to be registered not only for a particular year of income but also for particular named activities; changes to retrospective access to the R&D tax concession, whereby companies could not be registered in respect of the 1994-95 and 1995-96 financial years unless their applications were made before 7 June

1996, and for all financi al years up to and including I 992-93 unless applications had been submitted by 6 December 1995 ; and the imposition of a six month time limit after the end of the year of income for all future registration applications.

The decision to change retrospective access to the tax concessio ns was prompted in part by a desire to prevent the practice known as 'gravedigging', where companies employ consultants to check their records to identify previous expenditure on research and development activities which had not been the subject of an application for an R&D concession at the time.

Concerns about the bill included the effect of the retrospectivity changes on companies who had previously lodged legally eligible applications which would be considered ineligible

28

under the current legislation; the impact of the changes on revenue; and the difficulties that may be faced as a result of the six month limit on R&D applications.

The committee recommended that appropriate criteria be used to assess applications for registration which do not meet the 6 December 1995 retrospective cut-off to identify bona fide claims; and that the !R&D Board have the discretion to accept late applications in relation to the proposed six month limit for future applications.

A joint Opposition/ Australian Democrat minority report recommended an additional criterion to those proposed in the majority report to assess applications failing the 6 December 1995 cut-off; and that a temporary independent arbiter be appointed with the discretion to accept applications which fail the combined test proposed in the majority and minority reports.

• Bounty Legislation Amendment Bill 1996 The bill, referred to the committee in October 1996, provides for the termination of bounty payments made under four bounty acts, namely the Bounty (Books) Act 1986, the Bounty (Machine Tools and Robots) Act 1985, the Bounty (Ships) Act 1989, and the Bounty

(Computers) Act 1984. All schemes, except the shipbuilding bounty, are terminated earlier than scheduled, with the ship bounty ending on the current termination date of 30 June 1997 but only for ships under contract or construction at 20 August 1996.

It was considered that any financial loss resulting from the termination of the bounty payments would be offset by efficiencies made from the consequential loss of administrative and compliance costs. The government decision to terminate the bounties was based on the view that they no longer provided cost-effective assistance to industry.

The report provides a detailed examination of Industry Commission reports on the various bounties and outlines the arguments presented in evidence to the committee against the proposed changes to the bounty acts.

The committee noted the possible adverse effect of the termination in bounty payments on manufacturers who produce goods from imported inputs, which attract duty, when competing in a market where imported final goods were duty-free. The committee recommended that the Government amend the tariff regime to remove these anomalies.

The committee recommended that the bill should be passed.

Two minority reports were presented, recommending, inter alia, that the bill not be passed and that an independent cost-benefit analysis be conducted to ascertain the impact of the proposed cuts to the bounties.

• Taxation Laws Amendment Bill (No.3) 1996 The bill provides for various changes to taxation law. The provisions of the bill referred to the committee in November 1996 relate to changes in the research and development (R&D) tax concession scheme and changes to the deductibility of certain expenses of co-operative companies. The committee also examined provisions relating to the sale of mining rights,

which remove the exemption from tax on income obtained by prospectors from the sale or transfer of rights to mine for certain metals and minerals.

29

The bill, inter alia, reduces the concessional R&D rate of deduction from 150% to 125%; makes partnerships ineligible for the concession; removes the exemption from the four year limit on requesting amended tax assessments for claims relating to the R&D tax concession; reduces from 150 to 100 per cent the rate at which interest paid on debt used to finance R&D is deductible; changes the definition of 'research and development activities'; and terminates joint registration (syndication) by the removal of the IR&D Board's power to register jointly

companies applying for the R&D concession.

The committee's report examines in detail the current position on R&D tax concessions, co­ operative company provisions and mining rights provisions; discusses the financial implications of proposed changes contained in the bill; outlines arguments presented in evidence to the committee; and summarises the Government's view.

The committee recommended that the bill be passed, but that the Government should examine the proposal that expenditure by mining companies on buying rights to mines be deductible.

A detailed Opposition minority report recommended that the R&D provisions be removed from the bill and dealt with under separate legislation; that the reduction in the R&D concession rate to 125% be rejected; that the provisions relating to the elimination of syndicated R&D be removed from the bill; that the bill's co-operatives provisions be rejected; and supported the majority report's second recommendation in relation to the mining rights provisions.

A further minority report presented by Australian Democrat Senator Murray supported the ending of R&D syndication and the prospector's tax concession, subject to fair and non­ retrospective transitional arrangements, but opposed the reduction in the R&D tax concession and the abolition of the co-operative companies tax concessions.

• Workplace Relations and Other Legislation Amendment Bill (No. 2) 1996 The bill provides for the referral to the Commonwealth of certain matters contained in Victoria's Commonwealth Powers (Industrial Relations) Billl996.

The report outlines the matters covered by the Victorian referral. It summaries issues raised in evidence presented to the committee, including the effect of the removal of duality of industrial relations systems on micro-economic reform and the impact on Victorian employees. .

The committee recommended that the bill be passed.

In a minority report, Opposition members of the committee supported the opportunity given to Victorian employees to take advantage of federal industrial relations legislation as a consequence of the Victorian referral, but expressed dissatisfaction with the qualifications and number of matters excluded. The minority report includes proposed amendments to various sections of the bill to overcome concerns in relation to matters excluded from the referral; state laws overriding federal laws ; and minimum conditions for common law contracts of employment.

30

In a minority report, Australian Democrat Senator Murray indicated support for the bill but advised that amendments may be moved to the legislation after further consideration of issues presented in evidence to the committee.

Government r.esponse tabled No government responses were tabled during the period under review.

Year in review An emerging characteristic of Economics Legislation Committee activity in the 38th Parliament is the increased time-frame for conduct of inquiries. During the latter part of 1996 the committee was pleased to examine a number of bills in the detail usually reserved for References Committee inquiries. On a number of occasions time permitted close analysis of the broader principles of referred bills, resulting in very detailed majority and minority

reports and substantial recommendations.

In the case of the Taxation Laws Amendment Bill (No. 3) 1996 the committee' s month long inquiry allowed for two public hearings and receipt of 98 submissions. The final majority and minority reports on this bill provided detailed comment on all provisions of the draft legislation, encompassing research and development, co-operative companies and sale of

mining rights.

A novel approach to evidence gathering for legislation inquiries was instigated by Senator Cook in relation to both the Taxation Laws Amendment Bill (No. 3) 1996 and the Industry Research and Development Amendment Bill 1996. Senator Cook drafted a questionnaire which was circulated on his behalf to relevant industry bodies. Evidence presented to the committee via the questionnaire, written submissions and views expressed at the public hearings exposed the committee to wide ranging reactions to the draft legislation, enhancing the overall quality of the legislation inquiry process.

In the case of the Industry Research and Development Amendment Bill 1996, the breadth and quality of evidence presented through the course of the inquiry prompted the committee to recommend a broadening of the Government' s policy with respect to research and development tax concessions. Specifically, the committee recommended changes concerning

the retrospective cut-off for registration of applications for tax concessions and the discretion be granted to the Industry Research and Development Board in relation to the proposed six months time limit for future tax concession applications.

Another noteworthy recommendation was made by the committee following its comprehensive examination of the Bounty Legislation Amendment Bill 1996. After a five week inquiry and submissions from the majority of State Governments, the committee recommended that the Government amend the tariff regime to address any anomalies

resulting from termination of the bounties. The recommendation made particular reference to the situation where imported inputs are dutiable but the corresponding imported final goods are duty free.

31

Economics References

Method of appointment Pursuant to Senate Standing Order 25.

Current members

Senator Jacinta Collins (Vic, ALP), Chair Senator Alan Ferguson (SA, LP), Deputy Chair Senator Mark Bishop (W A, ALP) Senator Grant Chapman (SA, LP) Senator Bruce Childs (NSW, ALP) Senator Sue Mackay (T AS, ALP) Senator Andrew Murray (W A, AD) Senator John Panizza (W A, LP)

Participating members

Senator Eric Abetz (Tas, LP) Senator Bob Brown (Tas, AG) Senator the Hon David Brownhill (NSW, NPA) Senator Paul Calvert (Tas, LP) Senator Mal Colston (Q ld , lnd) Senator the Hon Peter Cook (W A, ALP) Senator Barney Cooney (Vic, ALP) Senator Winston Crane (W A, LP) Senator Chris Evans (W A, ALP) Senator the Hon Rod Kemp (Vic, LP) Senator Ian Macdonald (Qld, LP) Senator Sandy Macdonald (NSW, NPA) Senator David MacGibbon (Qld, LP) Senator Dee Margetts (WA, GWA) Senator Jim McKiernan (W A, ALP) Senator Shayne Murphy (Tas, ALP) Senator Belinda Neal (NSW, ALP) Senator Bill O'Chee (Qld, NPA) Senator the Hon Chris Schacht (SA, ALP) Senator the Hon Nick Sherry (Tas, ALP) Senator the Hon Grant Tambling (NT, CLP) Senator Judith Troeth (Vic, LP) Senator John Watson (Tas, LP) Senator the Hon Bob Woods (NSW, LP)

Former members

Senator Sid Spindler (Vic, AD) Senator Tom Wheelwright (NSW, ALP)

32

Date of appointment 02.05.96 02.05.96 01.07.96?? 02.05.96 02.05 .96 02.05.96 01.07.96? 02.05.96

Date of appointment 19.06.96 01.07.96 19.06.96

19.06.96 20.06.96 29.05.96 23.05 .96 05.11.96

19.06.96 19.06.96 19.06.96 19.06.96 19.06.96 02.05 .96 23.05.96 29.05.96 02 .05.96

19.06.96 . 20.05.96 02.05.96 19.06.96

19.06.96 19.06.96 19.06.96

Term of appointment 02.05.96-30.06.96 02.05.96-30.06.96

Former substitute members

Senator Barney Cooney (Vic, ALP)+ Senator Winston Crane (W A, LP)* Senator Michael Forshaw (NSW, ALP)** Senator Shayne Murphy (Tas, ALP)++ Senator the Hon Nick Sherry (Tas, ALP)#

+ replaced Senator Mackay f or Workplace Relations Bill * replaced Senator Panizza on industrial relations matters ** replaced Senator Bishop f or Workplace Relations Bill ++ replaced Senator Bishop f or Workplace Relations Bill # replaced Senator Bishop for Workplace Relations Bill

Former participating members

Senator Lyn Allison (VIC, AD) Senator Vicki Bourne (NSW, AD)* Senator Bryant Bums (Qld, ALP) Senator the Hon Ian Campbell (W A, LP) Senator Kim Carr (Vic, ALP) Senator Christabel Chamarette (W A, GWA) Senator Chris Ellison (W A, LP) Senator Michael Forshaw (NSW, ALP) Senator Julian McGauran (Vic, NP A) Senator the Hon Nick Minchin (SA, LP) Senator John Panizza (W A, LP) Senator Natasha Stott Despoja (SA, AD)*

Senator Judith Troeth (Vic, LP)

*for inquiry into Workplace Relations and Other Legislation Amendment Bill 1996 Current inquiries

Term of appointment 29 .07.96-30.07.96 29 .05.96-31.10.96 09.07.96-16.07 .96

17.07.96-25.07.96 OI .07.96-08.07.96 26.07.96-22.08.96

Term of appointment 27.06.96-22.08 .96 27.06.96-22.08.96 02.05.96-30.06.96

I9.06.96-I9.11.96 20.05 .96-17.10.96 02.05.96-30.06.96 19.06.96-29.10.96 28.05.96-3I .I0.96

I9.06.96-11.10.96 17.06.96-14.12.96 19.06.96-29.10.96 27 .06.96-22.08.96

19.06.96-05.12.96

• Promoting Australian Industry: elements of industry policies in Australia (referred II December I996)

Public hearings • Outworkers inquiry- II June, Canberra; 12 June 1996, Melbourne • Workplace Relations bill- 4 and 5 July, Melbourne; 8 July, Hobart; 9 July, Launceston; 10 July, Bendigo; II July, Cessnock; 15 and 16 July, Sydney; 17 July, Brisbane; 18 July,

Townsville; 19 July, Cairns; 23 July, Darwin; 24 and 25 July, Perth; 29 and 30 July, Adelaide; 31 July and I August 1996, Canberra

Reports tabled 30 April 1996 to 31 December 1996 • Eastlink: The interconnection of NSW and Queensland electricity grids with a high voltage powerline (presented to the President on 18

December 1995 ; tabled 30 April 1996; see 1995 annual edition of Work of Committees)

33

• Matter referred to committee for inquiry in 37th Parliament (tabled 17 June 1996) • Workplace Relations and Other Legislation Amendment Bill 1996 (tabled 22 August 1996) • Outworkers in the garment industry (tabled 12 December 1996)

Report summaries • Workplace Relations and Other Legislation Amendment Bi111996 The Senate referred the bill to the committee contingent on its first reading in the Senate, which took place in June 1996. The committee was required to advertise for submissions in the media and hold public hearings in each state and territory capital city and examine a number of issues related to the bill including the implications for the Australian economy; the effects of similar provisions in other countries; the impact on small business; whether the bill as a whole or in part is constitutional; whether the bill provides a balance between the rights of employers, employer organisations, workers and unions; the impact on the balance

between work and family responsibilities; and the impact on youth employment and training.

One of the main effects of the bill is to deregulate the labour market by establishing an industrial relations structure which places greater reliance on enterprise bargaining and individual contracts and a shift away from awards. The legislation was supported by most employer and industry organisations, for example, provisions limiting the right of entry of union officials and 'closed shops' for union members, and changes to the unfair dismissal system. Many unions and community organisations were opposed to the legislation. Concerns raised included the diminished role of the Industrial Relations Commission, the difficulties that may be faced by workers, particularly the young, women and employees from non­ English speaking backgrounds, in negotiating individual agreements, and that state enterprise agreements would override federal awards.

The comprehensive report provides, inter alia, an outline of the industrial relations system in Australia, including an historical perspective and recent developments, and the major changes proposed by the legislation; discusses the proposed changes to the award system and the role of the Australian Industrial Relations Commission; examines the proposed Australian Workplace Agreements and Certified Agreements; and discusses the impact of the bill on part-time and casual workers, independent contractors and employees from non-English speaking backgrounds. The report also examines provisions limiting the scope of industrial action; the effects on unemployment; constitutional issues; and Australia's obligations with respect to International Labour Organisation conventions.

The majority of the committee made a number of recommendations including that the changes to the balance between Federal and State systems should not be enacted; that the section reducing awards to 18 allowable matters should not be enacted; that superannuation should not be removed as an award matter; and that paid rates awards should not be abolished. The majority also recommended against the implementation of provisions relating to the 'no disadvantage' test; termination of agreements; and non-union certified agreements. The Opposition also recommended that the existing jurisdiction of the Industrial Relations Court and the Australian Industrial Relations Commission's power to make awards setting maximum and minimum hours of part-time work, be retained.

34

In a lengthy dissenting report, Government members of the committee disagreed with all majority conclusions and recommendations. Australian Democrat Senator Murray, while supporting some majority conclusions and recommendations, dissented from others and provided further comments in a supplementary report.

• Outworkers in the garment industry In August 1995 , the Senate referred to the committee the extent to which 'outworking' and other subcontracting methods used in the Australian garment industry impose working conditions on outworkers and their families which do not meet accepted standards of fairness and equity and steps that could be taken to address any deficiencies identified relevant to the

issue of whether outworkers and their families are exploited by existing conditions of employment.

The committee's report discusses, inter alia, recent changes in the textile, clothing and footwear (TCF) industries; the trend towards home-based work in Australia; the type of work performed by outworkers; the magnitude of the outworker industry in Australia; the parties involved in the various stages of garment production; award entitlements and conditions for

outworkers; underage workers; government and union involvement in the employment conditions for outworkers; and options for future regulation of . the employment of outworkers.

The committee made a number of recommendations to address concerns raised in evidence including that the employment status of outworkers be clarified; that the amnesty be reinstated for outworkers who receive social security benefits to which they are not entitled; that the Australian Taxation Office use the Reportable Payments System more effectively to investigate tax avoidance in the TCF industries; that the industry adopt a 'Homeworkers Code of Practice'; and that funding be allocated to outworking-related projects identified in the TCF 2000 Development Package.

The committee also indicated that it would review outworking in the garment industry in 12 months time.

Government responses tabled 30 April I 996 to 3/ December 1996 • CSIRO: The case for revitalisation - administration and funding of rural research (tabled 12 September 1996; report tabled 7 December

1994) • Eastlink: The interconnection of NSW and Queensland electricity grids with a high voltage powerline (tabled 1 0 October 1996; report tabled 30 April 1996)

35

Government response summaries • CSIRO: The case for revitalisation - administration and funding of rural research The Government noted the committee's recommendations and outlined the steps that have taken by the CSIRO to address an number of issues raised by the committee.

The Government generally agreed with the matters recommended by the committee for inclusion in the CSIRO Board's review of the organisation's management structure, but did not support the institution of a mechanism for staff appointments to the Board similar to one which applies under the Australian Broadcasting Corporation Act 1983.

The Government also rejected the committee's recommendation that the Division of Wool Technology postpone any decision to amalgamate its two laboratories.

• Eastlink: The interconnection of NSW and Queensland electricity grids with a high voltage powerline In its response the Government noted that, as the jurisdictional responsibility for the proposed interconnection of NSW and Queensland electricity grids with a high voltage powerline lies with the respective State Governments, the committee's inquiry had concentrated on providing a forum for affected communities to raise concerns about the proposal. Consequently a number of the committee's recommendations were issues requiring state government attention.

While the Government indicated that recommendations specific to the Eastlink proposal were a matter for state governments, it supported a 'prudent avoidance' approach to projects involving exposure to electric and magnetic fields .

Since the tabling of the committee's report, the Queensland Government has announced its decision to cancel the Eastlink proposal in keeping with a pre-election commitment.

Year in review The committee's inquiry into the Workplace Relations and Other Legislation Amendment Bill 1996 resulted in a number of unusual procedures. The fact that the bill was referred to a Reference Committee instead of a Legislation Committee was unusual in itself.

As the bill was to introduce major changes to the industrial relations system it was perhaps not surprising that 1431 submissions were received. That they were received in the relatively short time that was allowed is unusual.

An unusual element of the reference from the Senate was the requirement that the committee conduct hearings in all state and territory capitals. This resulted in 18 hearings spread over the month of July and 2225 pages of evidence. The complexity of the issues and the volume of the evidence resulted in an equally lengthy and complex report. Unfortunately only 21 days remained from the day of the last hearing until the tabling of the report.

Because of the passions generated by the proposed changes the committee experienced an unusual amount of disruption at its hearings. This included heckling and the displaying of ba1mers and placards. Whenever this occurred the Chair called for order and the removal of banners or placards.

36

The committee' s other major inquiry into outworkers in the garment industry also resulted in some unusual procedures. Unfortunately the inquiry was unduly delayed first by the Federal election in 1996 and then by the need to speedily complete the workplace relations inquiry.

As many of the people working as outworkers in the garment industry are from non-English speaking backgrounds the committee undertook a number of unusual steps to make contact. Advertising was placed in local ethnic newspapers advising of the inquiry and the fact that a hotline was available on a confidential basis with access to the Telephone Interpreter service.

The committee also inspected a number of homeworkers premises to see firsthand the conditions under which they were working and to hear their stories.

The inquiry was also unusual in that it had support of all the major parties and was welcomed by the government of the day when the reference was given by the Senate. The committee' s recommendations were unanimous, a result no longer for reference inquiries.

37

EMPLOYMENT, EDUCATION AND TRAINING

39

Mr Brenton Holmes Mr Alistair Sands Ms Jan Connaughton Ms Pam Corrigan Mrs Jan Willis

Secretariat

(to both the Legislation and References Committees)

Secretary Principal Research Officer Senior Research Officer Estimates/Research Officer Executive Assistant

40

Phone (06) 277 3520 277 3522 277 3524 277 3523 277 3521

3 7th

References*: 0

Repo rts referred: 0

Bill s referred: 0

Su bmissions: 0

Annual reports: 0

Legislation: 0

Pages (total) 0

Meetings Public: 0

Pri vate : 0

In camera: 0

Inspection: 0

Briefin g: 0

Other: 0

Tota l: 0

Hearings televised : 0

Witnesses: 0

Annual reports: 0

Estimates: 0

Legislation : 0

Reports tabled: 0

Annual reports: 0

Estimates: 0

Leg islation: 0

Hansard pages (total): 0

Additional information tabled: 0 Pages 0

Extensions: 0

Annual reports: 0

Estimates: 0

Legislation: 0

Government responses tabled: 0

References*: 2

Submissio ns: 0

Pages 0

Meetings Public: 0

Private 2

In camera: 0

In spection: 0

Briefing: 0

Other: 0

Total: 2

Hearings televised: 0

Witnesses: 0

Reports tabled: + I

Hansard pages (total): 0

Extensions: 0

Petitions forwarded: 0

Government responses tabled: 0

Employment, Education and Training STATISTICAL SUMMARY

38th Total

4 4

13 13

4 4

491 491

0 0

491 491

1308 1308

II II

15 15

0 0

0 0

0 0

0 0

26 26

9 9

267 267

0 0

200 200

67 67

6 6

I

4 4

598 598

6 6

1013 1013

3 3

I I

0 0

2 2

0 0

4 5

!52 152

1852 1852

II II

12 12

0 0

0 0

I I

0 0

24 24

2 2

110 110

2 2

578 578

3 3

25 25

41

publi c 62 :32

The Committee met for a total of 67 Ius 20 min s "' references readopled in 38th Parliament have only been counted

once for the total

PROPORTION OF HOURS OF MEETING BY TYPE OF INQUIRY

100% -

80% 1

60%

40%

20%

0%

u

1 0 "" 0 0

·u 'Z 5

!

.5 "'

DAnnual • Estimates D Legislation • N tS

briefin g 1:00

private 10 :53

The Committee met for a total of 41 hrs 52 mins

public 30:00

• references re-adopted in 38th Parliament have only been counted once for the total + presented out of session and subsequently tabled in 38th Parliament

Budget Estimates 1996-97 STATISTICAL SUMMARY

General

Main

Reports: 1

Public Hearings: 3

Private Meetings 0

Hours of Meetings Public Hearings: 29:08

Private Meetings: 0

Suspensions: 4:10

Total minus suspensions 24:58

By Portfolio Employment, Education, Training and Youth Affairs 24 :58

Public Hearings Date of Hearing

Monday 16 September 1996 Wednesday 18 September 1996 Monday 23 September 1996 Wednesday 23 October 1996 (S) Friday 01 November 1996 (S) Friday 08 November 1996 (S)

Report Tabled 9 October 1996

Additional Information Tabled 31 October 1996 (3 vols), 11 December 1996 (1 vol)

42

Supplementary Total

3

7:40

0:24

7:16

7:16

1

6

36:48

4:34

32:14

32 :14

Time - Start/Finish

5:36pm- 2:50am (Tues) !2:13pm- 2:32am (Thurs) 1:3 0pm - 7:05pm 9:00am - 1:50pm 7:35am- 9:00am 7:35am - 9:00am

Employment, Education and Training Legislation

Method of appointment Pursuant to Senate Standing Order 25.

Current members

Senator John Tierney (NSW, LP), Chair Senator Kim Carr (Vic, ALP), Deputy Chair Senator the Hon Rosemary Crowley (SA, ALP) Senator Jeannie Ferris (SA, LP) Senator Natasha Stott Despoja (SA, AD) Senator Judith Troeth (Vic, LP)

Participating members

Senator Eric Abetz (Tas, LP) Senator Lyn Allison (VIC , AD) Senator the Hon Nick Bolkus (SA, ALP) Senator the Hon Bob Collins (NT, ALP)

Senator Mal Colston (Qld, Ind) Senator Barney Cooney (Vic, ALP) Senator Chris Evans (W A, ALP) Senator the Hon John Faulkner (NSW, ALP) Senator Michael Forshaw (NSW, ALP) Senator Brian Harradine (Tas, Ind)

Senator John Hogg (Qld, ALP) Senator Sue Mackay (T AS, ALP) Senator Dee Margetts (WA, GWA) Senator Kerry O'Brien (Tas, ALP)

*for 1996-97 budget estimates

Former member

Senator Robert Bell (Tas, AD) Senator the Hon Ian Campbell (W A, LP)

Former substitute members

Senator Lyn Allison (VIC, AD)+ Senator Chris Evans (W A, ALP)*

Senator the Hon John Faulkner (NSW, ALP)* Senator Julian McGauran (Vic, NPA)#

Date of appointment 08.05.96 02.05.96 02.05.96 21.08.96 01.07.96 08.05.96

Date of appointment 09.05.96 I 0.09.96 02.05 .96 02.05 .96 29.10.96

11 .09.96 11.09.96 17.10.96* 11.09.96 08.05.96

11.09.96 27.06.96 02.05 .96 11.09.96

Term of appointment 02.05.96-30.06.96 08.05.96-30.06.96

Term of appointment 17 .10.96-25 .11.96 18 .09.96 and 23.10.96 only 01.11.96 only

12 .07.96-12.08.96

+ replaced Senator Stott Despojafor the inquiry into the provisions of the States Grants (Primary and Secondary Education Assistance) Bill 1996 * replaced Senator Crowley # replaced Senator Tr oeth

43

Former participating member

Senator Christabel Chamarette (WA, GWA) Senator the Hon Rosemary Crowley (SA, ALP)

*for 1996-97 budget estimates supplementmy hearings only

Current inquiries No inquiries at the end of the reporting period.

Public hearings

Term of appointment 02 .05.96-30.06.96 18 .09 .96 only 08.11.96*

• Budget estimates 1996-97 - 16, 18 and 23 September, 23 October, 1 and 8 November 1996, Canberra • Higher Education Legislation Bill 1996 - 24 September, 28 October and 19 November 1996, Canberra • States Grants (Primary and Secondary Assistance) Bill 1996 - 24 October 1996, Canberra • Higher Education Funding Amendment Bill (No . 2) 1996 - 8 November 1996, Canberra

Reports tabled 30 Apri/1996 to 31 December 1996 • Examination of annual reports No. 1 of 1996 (tabled 26 June 1996) • Employment, Education and Training Amendment Bill 1996 (tabled

19 September 1996) • Estimates Report 1996-97 (tabled 9 October 1996) • Higher Education Funding Amendment Bill (No. 2) 1996 (tabled 10 October 1996) • Higher Education Legislation Bill 1996 (tabled 21 November 1996) • States Grants (Primary and Secondary Assistance) Bill 1996 (tabled

25 November 1996)

Report summaries • Employment, Education and Training Amendment Bill1996 The purpose of the bill, which was referred to the committee in June 1996, is to abolish the National Board of Employment, Education and Training (NBEET), the Australian Language and Literacy Council, the Employment and Skills Formation Council and the Schools Council; and to retain the Higher Education Council and Australian Research Council, with a view to establishing them under their own legislation.

The committee's report examines several issues including the need for the Minister to receive independent and cross-sectoral advice; the accountability of advisory bodies to the Minister and Parliament; the costs involved in the establishment of committees on an ad-hoc basis to provide advice to the Minister; and the release of a Discussion Paper on the proposed legislative re-establishment of the Higher Education Council and Australian Research Council.

The majority report recommended that reports and advice on education and training matters received by the Minister from independent advisory bodies be tabled in Parliament, and that the bill be passed without amendment.

44

A joint Opposition/Australian Democrat minority report expressed concern at the manner in which the decision to abolish NBEET had been proceeded with, particularly the advice given to the Board by the Minister to wind up its operations before relevant legislation had been passed by Parliament. The minority report concluded that cross-sectoral and independent advice must be · maintained in any alternative advisory mechanism established by the Minister; supported the recommendation that reports and advice provided by independent advisory bodies established by the Minister be tabled in Parliament within fifteen days of their receipt by the Minister; and recommended that the legislation to establish the Higher

Education Council and the Australian Research Council be referred to the Employment, Education and Training Legislation Committee on its introduction into Parliament.

The Australian Democrats added a further recommendation that passage of the Employment, Education and Training Amendment Bill 1996 be postponed until details of alternative advisory structures are tabled in the Parliament by the Minister.

• Estimates Report, October 1996 Employment, Education and Training Portfolio General The following is an indicative, but not exhaustive, list of issues that received relatively lengthy consideration during the estimates process. Full details are provided in the Hansard transcript of proceedings. There were no matters which caused major controversy. A general matter informing much of the discussion was the effect of the efficiency dividend on overall program delivery.

Program 1: Schools

Relative (Commonwealth) funding levels for government schools as against non­ government schools .. Method of calculating enrolment benchmark savings and the effects on state budgets.

Changes to funding arrangements for targeted programs, in particular, the implications of proposed broad banding of targetted programs and the shift from equity. Impact of the abolition of the former government's new schools policy. Ramifications of the abolition of the National Professional Development Program. Measurement of outcomes for schools, and reluctance of states to publish data.

Program 2: Higher Education

Impact of HECS changes, including three-tiered costing arrangement and revised repayment schedules.

Equity and administration issues arising from the introduction of up-front fees. Impact of reductions to university operating grants. Impact of budget decisions on international education and export revenue.

45

Program 3: Vo cational education and training Implementation of the Modem Australian Apprenticeship and Traineeship System

(MAATS).

Issue of 'guarantee of quality' in a de-regulated environment. Links with the national

competency standards. Protection and appeal mechanisms for apprentices and trainees.

What role for the state training authorities ?

Impact of budget cuts on operation of ANT A, T AFE; impact on the states of reduced

funding for VET system.

Program 4: Employ ment

Definition of what constitutes a 'real job', and implications for the measuring of

outcomes of labour market programs.

Mechanisms for the amalgamation of part ofCES with DSS into a 'one stop shop'.

Final stages of the Employment Services Regulatory Authority (ESRA) and introduction

of the PEPEIEPE approach to case management of unemployed people. Issue of 'capacity to benefit'. How will that be determined, and what happens to those

who are deemed not to have the capacity to benefit from labour market programs.

Issues surrounding involvement of employers and employer groups in labour market

assistance, and lack of formal involvement of unions.

Program 5: Student, youth and language support

Impact of changes to Austudy, and effectiveness of the 'actual means test', with the

example of the "Wright family" demonstrating previous access of relatively wealthy

families to government income support.

Issues related to raising the age of independence for Austudy.

Implications of changes in determination of eligibility for rent assistance (when is a

student a boarder, and when is a student sharing a house).

Program 6: Portfolio administration and advising

Implications of redundancies on operations ofDEETY A.

Issues arising from the abolition ofNBEET and some of its councils.

Current state of play with the export of education services.

Matters of concern

Hansard has been particularly stretched during this Budget estimates period. They had to cope

with servicing the chamber and providing transcripts of evidence to every estimates committee

and their respective portfolios of responsibility.

This in tum made it difficult for the Department of Employment, Education, Training and

Youth Affairs to comply fully with the requirements that all answers to questions on notice be

46

supplied no later than ten days before supplementary estimates. All officers worked conscientiously to supply answers to as many questions as possible within the proposed

timeframe . . However, some answers to questions were unavailable by the time that supplementary estimates hearings get underway.

The Committee was concerned that dates set for supplementary estimates appeared not to have been arranged in a manner which would ensure the availability of the appropriate minister. Future supplementary hearings dates should be set well in advance, as an order of the Senate, to enable the presence of ministers as required. The Committee also reaffirmed its view of the role of the relevant Minister in the Estimates process as essentially that of providing responses to questions about government policy, with departmental officers available to provide detailed responses to questions about the implementation of those policies.

• Higher Education Funding Amendment Bill (No.2) 1996 The bill, which was referred to the committee in August 1996, repeals two sections of the Higher Education Funding Act 1988 to prevent further payments by the Commonwealth government under the Student Organisation Support (SOS) Program, a program established

to enable the Commonwealth to provide funds to student associations which have had their funding reduced as a consequence of State laws (for example, legislation prohibiting compulsory levies or membership fees).

The committee examined the role of student associations and State legislation aimed at providing for voluntary student unionism. The committee concluded that the SOS program interfered in matters which were within the jurisdiction of state governments, and its operation by ministerial discretion was flawed The committee recommended that the bill be passed without amendment.

A joint Opposition/Australian Democrat dissenting report recommended that the bill not be passed thus allowing future Commonwealth ministers to provide funding under the SOS Program, and called for the Minister to encourage the W A government to review its legislation prohibiting W A universities from levying compulsory fees as a condition of a student's enrolment.

A further recommendation by the Australian Democrats calls on the Commonwealth Minister to develop legislation designed to allow universities to set such fees as are deemed necessary by the universities for the provision of services and the performance of representational functions by properly elected university student organisations, as a condition of a student's enrolment.

• Higher Education Legislation Bill1996 The bill provides for a number of changes to the Higher Education Funding Act 1988, including changes to the Higher Education Contribution Scheme (HECS), through the setting of new income thresholds for the repayment of HECS debt and the introduction of a three­ tiered contribution system for HECS, known as differential HECS; provision for institutions

to charge fees for domestic students enrolled in undergraduate courses, and for the Open Learning Agency of Australia (OLA) to charge for delivering units of study.

47

The committee concluded that students of lower socio-economic backgrounds would not be deterred from participating in higher education as a result of a reduction in the income threshold for the repayment of HECS debt. The committee recommended, however, that should an adverse effect on the level of science enrolments be proven as a result of the allocation of science units to HECS Band 2, the allocation should be adjusted.

The committee recommended that the bill be passed without amendment.

In a joint Opposition! Australian Democrat dissenting report, Senators Carr, Crowley and Stott Despoja expressed the view that the bill would adversely affect access to and quality of tertiary education in Australia. The senators recommended that the income threshold for HECS repayment should remain at the level of average weekly earnings; and that the provisions relating to the introduction of differential HECS, the increases in HECS fees and the lowering of the income threshold for HECS debt repayment should be rejected. The Opposition and Australian Democrat members of the · committee also opposed the de­ regulation of fees for the Open Learning Agency.

In a further dissenting report, Australian Democrat Senator Stott Despoja, while suppotting the content of the minority report, reiterated the Australian Democrats' opposition to the principle of user pays as it relates to higher education since the introduction ofHECS.

• States Grants (Primary and Secondary Assistance) Bill1996 The bill provides for Commonwealth funding to government and non-government schooling for the 1997-2000 quadrennium. While maintaining general recurrent and capital grants programs, it replaces 40 school-related targeted assistance programs with five programs, namely Literacy, Languages, Special Learning Needs, School to Work and Quality Outcomes (the latter two programs covered in other legislation). The bill also provides for the broadbanding of assistance to allow greater flexibility on how funds are spent on some programs, and strengthens State and Territory reporting obligations with respect to schooling. The committee examined a number of issues including concerns about broadbanding of funds ; general funding issues; changes to the previous ·New Schools Policy; and the introduction of the Enrolment Benchmark Adjustment.

The report made three recommendations namely, the establishment of State and Territory planning mechanisms to promote the development of planned educational provision at school level ; the commencement of consultations between the Department of Employment, Education, Training and Youth Affairs and the State and Territory government on anticipated savings from the Enrolment Benchmark Adjustment; and that the bill be passed without amendment.

A joint Opposition/Australian Democrat dissenting report recommended that the reporting requirements under the National Report on Schooling be strengthened by focussing on the measurement of educational outcomes particularly with respect to socio-economically disadvantaged students such as those from an Aboriginal, Torres Strait Islander or non­ English speaking background; that the bill be amended to include a requirement for proper planning processes in the development and establishment of new non-government schools; and that the implementation of the Enrolment Benchmark Adjustment (EBA) not be proceeded with, instead that the mechanism be considered in detail by the Ministerial Council

48

of Employment, Education, Training and Youth Affairs (MCEETY A) before further scrutiny by the Parliament; and that MCEETY A develop strategies to improve Australia's expenditure on schooling.

The Australian Democrats made a further seven recommendations, including that the changes to the New Schools Policy, broadbanding programs and the introduction of the Emolment Benchmark Adjustment be deferred for 12 months to allow an inquiry to be conducted on the implications of the changes; that funding provided by the Government be distributed equitably between the government and non-government sectors; and that the EBA not be

introduced as a means of providing Commonwealth funding for new private schools.

Government responses tabled No government responses were tabled during th period under review.

Year in review The work of the Legislation Committee was dominated by Estimates and the referral to the Committee of legislation implementing policy decisions of the Howard government. The latter included significant changes to higher education funding arrangements, and to the

management of States Grants for the provision of Commonwealth funding to both State government and non-government schools.

From the Estimates process emerged a contentious issue related to alleged rorting of the AUSTUDY by families who were able to structure their finances in such a way as to retain their eligibility for income support. This involved the example of the "Wright" family , based on particular cases, but not in itself an actual family. It was alleged that the Minister may

have misled the Committee in relation to the "Wright" family, and the Committee conducted several additional hearings to deal with the matter.

49

Employment, Education and Training References

Method of appointment Pursuant to Senate Standing Order 25.

Current members

Senator the Hon Rosemary Crowley (SA, ALP), Chair Senator John Tierney (NSW, LP), Deputy Chair Senator Kim Carr (Vic, ALP) Senator Jeannie Ferris (SA, LP) Senator Michael Forshaw (NSW, ALP) Senator Kerry O'Brien (Tas, ALP) Senator Natasha Stott Despoja (SA, AD) Senator Judith Troeth (Vic, LP)

Substitute member

Senator Lyn Allison (VIC, AD)*

Date of appointment 02.05.96 02 .05.96 02.05 .96 21.08.96 02 .05.96

17.10.96 01.07.96 02 .05.96

Date of appointment 17.10.96

* to replace Senator Stott Despoja for inquiry into private and commercial funding of government schools

Participating members

Senator Lyn Allison (VIC, AD) Senator the Hon Nick Bolkus (SA, ALP) Senator Bob Brown (Tas, AG) Senator the Hon Bob Collins (NT, ALP) Senator Mal Colston (Qld, Ind) Senator Kay Denman (Tas, ALP) Senator Dee Margetts (W A, G W A)

Former members

Senator Robert Bell (Tas, AD) Senator Mal Colston (Qld, Ind) Senator Kay Patterson (Vic, LP)

Former substitute member

Senator Sandy Macdonald (NSW, NPA)*

*replaced Senator Troeth

Former participating member

Senator Christabel Chamarette (WA, GWA)

Current inquiries

Date of appointment 10.09.96 02.05.96 01.07.96 02.05 .96 29.10.96 28.05.96 02.05.96

Term of appointment 02.05.96-30.06.96 02.05.96-17.10.96 02.05.96-30.06.96

Term of appointment 12.07.96-12.08.96

Term of appointment 02.05.96-30.06.96

• Private and commercial funding aspects of government schools (referred 30 May 1996)

50

• Developments in adult and community education in Australia since the 1991 report of the Standing Committee on Employment, Education and Training entitled Come in Cinderella: The Emergence of Adult and Community Education (referred 20 June 1996) • The status of teachers and the developments of the teaching profession during the next 5

years (referred 27 June 1996)

Public hearings Developments in adult and community education - 1 August, Canberra; 7 August, Fremantle; 8 August, Perth; 2 September, Hobart; 3 September, Melbourne; 4 September 1996, Albury/Wodonga • Private funding of government schools - 1 August, Canberra; 7 and 8 August, Perth; 2

September, Hobart; 3 September 1996, Melbourne

Reports tabled 30 April I 996 to 31 December 1996 • Report on references of the 37th Parliament (inquiry into early childhood education) (tabled 23 May 1996)

• Childhood matters - report into the inquiry into early childhood education (tabled 21 August 1996)

Report summaries • Childhood matters - report into the inquiry into early childhood education In November 1995 the Senate referred to the committee matters relating to the education of children up to the age of 7 years including research on early childhood factors which bear

upon capacity to learn during formal school eduction; the impact of early childhood education on learning success in later years; the role of parents as early childhood educators; the cost of remedial and other interventions required in the primary and middle school years; implications of recent early childhood education initiatives for Commonwealth policies and

priorities in education and child support; and the effectiveness of existing relationships and policy interface between the early childhood service sectors and the schools sector in Australia.

The report examines, inter alia, concerns raised about the traditional distinction between early education and child care; the division of responsibilities for child care and preschools between the Commonwealth and the States, and problems with inconsistent entry ages, compulsory schooling years and different nomenclature used; the costs and quality of early education; the development of nationally uniform curriculum for preschool years; standards and accreditation for long day care, outside school hours and family day care services;

transitional problems experienced by children and families either from moving between state systems or between various forms of child care and school services; approaches used in 'early intervention', including the role of parents and families in children's development; and early education for children from Aboriginal, Torres Strait Islander or non-English speaking backgrounds.

The committee made 24 recommendations including the establishment of a National Centre for Research in Early Childhood Development, Education and Care; that Commonwealth, State and Territory governments develop consistent nomenclature and descriptors for early childhood and compulsory schooling years; that responsibility for national policy development and funding for the care and education of children from birth to age of

51

compulsory schooling be assumed by the Commonwealth, including the establishment of a National Early Childhood Services Commission; that the inservice professional development of qualified early childhood practitioners be included in the National Professional Development Program; that a draft set of national goals and guidelines for best practice in the pre-service education and training of early childhood practitioners be developed; that State and Territory procedures for monitoring child care centres' compliance with licensing regulations be upgraded; that bilingual approaches to early childhood services should be supported by the Government; and that an adequate number of training places across the range of early childhood courses be made available for Aboriginal practitioners.

A minority report by Government Senators Patterson, Tierney and Troeth generally supported the committee's report, but dissented from three of the majority's recommendations to transfer of responsibility for preschools to the Commonwealth; that the proposed National Early Childhood Services Commission be empowered to report to Parliament on the

implementation of National Standards for Centre Based Long Day Care, Family Day Care and Outside School Hours Care; and that accreditation schemes for Family Day Care and Outside School Hours Care should be based on the Quality Improvement Accreditation Scheme for Long Day Care Centres.

Government response tabled 30 April/996/o 31 December 1996 • Inquiry into education and training in correctional facilities (presented to the President on 14 December 1996, report tabled 30 April 1996)

Government response summary • Inquiry into education and training in correctional facilities While noting that many were outside the jurisdiction of the Federal Government, the Government was generally supportive of the committee's recommendations, stating that the report was 'i nsightful and useful' .

The Government indicated that, where appropriate, recommendations would be forwarded to the relevant State and Territory bodies.

Recommendations that were given in principle support by the Government include the development of a code of practice to assist prisoners to access course information and study material, and that in each State and Territory designated case management providers for placing ex-offenders in employment or job related training be contracted by the Employment

Services Regulatory Authority.

The Government did not support recommendations relating to the provision of a special allowance for books and learning resources to cover the cost of undertaking tertiary studies while in prison; that offenders on accredited pre-release programs or when on temporary leave from a correctional facility have access to formal training income support allowances; and that prisoners who have served a sentence of 12 months or more be eligible, on their release, for classification as long term unemployed in order to access appropriate labour market programs.

52

Year in review Two inquiries commenced but not completed in 1995 were carried over into the early part of 1996 . The Inquiry into Education and Training in Correctional Facilities was finalised during the period leading up to the 1996 election, and was tabled out of session before the new parliament commenced. The inquiry into early childhood education, Childhood Matters, was completed and tabled early in the new parliament.

The reconstituted References Committee initiated three new inquiries, and public hearings on two of these commenced in July and August. Further public hearings will be held in 1997. The third inquiry (The Status of Teachers) is in its preliminary stages and will occupy most of 1997. The work of the References Committee was curtailed somewhat by the heavy demands

on members' time made by the Legislation Committee during the final six months of 1996.

The Committee continued to utilise audio- and video-conferencing technologies in several of its public hearings, and every effort was made to conduct interstate hearings in venues appropriate to the particular inquiry, such as schools and community education centres. The Committee has reviewed its work practices in an attempt to avoid the severe overloading of both Secretariat staff and Committee members which had characterised the previous eighteen months of the Committee's activities.

53

ENVIRONMENT, RECREATION, COMMUNICATIONS AND THE ARTS

55

Mr Robert King Mr Frank Nugent Mr Richard Seith Dr Frances Michaelis Ms Cath Drinkwater Ms Winifred Jurcevic

Secretariat

(to both the Legislation and References Committees)

Secretary AJg Secretary TBP Inquiry* AJg Principal Research Officer A/g Principal Research Officer AJg Estimates/Research Officer Executive Assistant

TPB Inquiry- Telecommunications Bills Package inquiry

56

Phone (06) 277 3525 2773131 277 3527 277 3118 277 3528 277 3526

Environment, Recreation, Communications and the Arts STATISTICAL SUMMARY

3 7th

References*: Reports referred: Bills referred: Submissions:

Annual reports: Legislation: Pages (total) Meetings

Public: Private: In camera: In spection:

Briefing: Other: Total: Hearings televised : Witnesses:

Annual reports: Estimates: Legislation: Reports tabled:

Annual reports/other: Estimates: Legislation: Hansard pages (total): Additional information tabled:

Pages

Extensions: Annual reports: Estim ates: Legislation: Government responses tabled:

References*: Submissions: Pages Meetings

Public: Private In camera: In spection : Briefing: Other: Total: Hearings televised: Witnesses:

Reports tabled: Hansard pages (total): Extensions: Petitions forwa rded: Government responses tabled:

I

I

38th 12 40 12

74 0

74 485

II

14 0

25 6

216 0

142 74 6

3

2

I

789 12

2368 2

2

*3 910 3559

10 19 0

29 3

148 +4

1004

31

Total 12 40 12 74

74 485

II

14 0

0 publi c

0 73:52

25 The Committee met for a total of 78 hrs 19 mins 6 *references readopted in 38th Parliament have only been counted 216 once for the total

142

PROPORTION OF HOURS OF MEETING BY TYPE OF INQUIRY

74 6 100%

3 !

2 80% 1-

789 60% l

12 I

2368

40%

2

I

20% "

0%

2 Q

E 5 g>

" :0

l

'!; 6 if. d: ·c

.: "'

• QAnnual • Estim ates QLegislation •NIS

3

910 3559

10 19

private

17:25

public

46:58

29 3

148 4

1004

The Committee met for a total of 64 hrs 23 mins 31 • includes bill referred; references readopted in 38th Pari have only been counted once for the total +one report presented out of session in the 37th Parliament has been included in /995 figures.

57

Budget Estimates 1996-97 STATISTICAL SUMMARY

General

Main

Reports: 1

Public Hearings: 5

Private Meetings 5

Hours of Meetings Public Hearings: 42:42

Private Meetings: 01:42

Suspensions: 04:50

Total minus suspensions 39:34

By Portfolio Communications and the Arts 21:43

Environment, Sport and Territories 16:09

Public Hearings Date of Hearing

Tuesday, 17 September 1996 Thursday, 19 September 1996 Wednesday, 25 September 1996 Thursday, 26 September 1996 Monday, 21 October 1996 (S)

Reports Tabled 9 October 1996 30 October 1996 (S)

Additional Information Tabled

Supplementary 1

2

1

12:44 00:06 02:16

10.34

04:4 8

05 :40

Time - Start/Finish

16:23 - 05:50 13:05 - 00:05 16 :20 - 00:20 09:10- 15:30 . 09:40- 22:45

18 November 1996 (2 vols), 19 November 1996 (5 vols), 5 December 1996 (1 vol)

58

Total 2

7

6

55:26 01:48 07:06

50:08

26:31

21:49

Environment, Recreation, Communications and the Arts Legislation

Method of appointment Pursuant to Senate Standing Order 25 .

Current members

Senator the Hon Jim Short (Vic, LP), Chair Senator the Hon Chris Schacht(SA, ALP), Deputy Chair Senator Alan Eggleston (W A, LP) Senator Meg Lees (SA, AD) Senator Kate Lundy (ACT, ALP) Senator Ian Macdonald (Qld, LP) Senator Tom Wheelwright (NSW, ALP)

* till 4 February I 997

Participating members

Senator Lyn Allison (VIC, AD) Senator Eric Abetz (Tas, LP) Senator the Hon Nick Bolkus (SA, ALP) Senator Ron Boswell (Qld, NP A) Senator Bob Brown (Tas, AG) Senator Paul Calvert (Tas, LP) Senator Kim Carr (Vic, ALP) Senator the Hon Bob Collins (NT, ALP) Senator Mal Colston (Qld, Ind) Senator Barney Cooney (Vic, ALP)

Senator Winston Crane (W A, LP) Senator Alan Eggleston (W A, LP) Senator the Hon John Faulkner (NSW, ALP) Senator Alan Ferguson (SA, LP) Senator Brian Harradine (Tas, Ind) Senator John Hogg (Qld, ALP) Senator Kate Lundy (ACT, ALP) Senator Sue Mackay (Tas, ALP) Senator Dee Margetts (WA, GWA) Senator Shayne Murphy (Tas, ALP)

Senator Kay Patterson (Vic, LP) Senator John Tierney (NSW, LP) Senator John Woodley (Qld, AD)

*for 1996-97 supplementary budget estimates + till 4 February 1997

59

Date of appointment 05.12.96* 02.05.96 01.07.96? 02.05.96 04.12.96 09.05.96 02.05 .96

Date of appointment 01.07.96 09.05.96 02.05.96 08 .05 .96 01.07.96 09.05 .96 20.05.96 02 .05 .96 29.10.96 23.05.96 27.06.96 01.07.96 02.05 .96 27.06.96 08 .05.96

11.09.96 11.09.96 11.09.96 02.05.96

11.10.96* 05.12.96+ 08.05 .96 12 .09.96

Former members

Senator Bruce Childs (NSW, ALP) Senator Kate Lundy (ACT, ALP) Senator Kay Patterson (Vic, LP), Chair Senator Judith Troeth (Vic, LP)

Former substitute member

Senator the Hon Ian Campbell (W A, LP)* Senator the Hon Ian Campbell (W A, LP)#

*replaced Senator Jan Macdonald

Term of appointment 11.09.96-04.12.96 01.07.96-11.09.96 08 .05.96-05 .12 .96 08.05.96-09.05.96

Term of appointment 26.06.96-19.08.96 18.09.96-10.10.96

#replaced Senator fa n Macdonald for consideration of provisions of the Natural Heritage Trust of Australia Bill

Former participating members

Senator Vicki Bourne (NSW, AD) Senator Christabel Chamarette (WA, GWA) Senator the Hon Rod Kemp (Vic, LP) Senator Ian Macdonald (Qld, LP)

Current inquiries • Provisions of the following bills Australian Communications Authority Bill 1996 Radiocommunications Amendment Bill 1996

Term of appointment 10.09.96-12.12.96 02 .05.96-30.06.96 27 .06.96-17.10.96 08 .05 .96-30.06.96

Radiocommunications (Receiver Licence Tax) Amendment Bill 1996 Radiocommunications (Transmitter Licence Tax) Amendment Bill 1996 Telecommunications Bill 1996 Telecommunications (Carrier Li cence Charges) Bill 1996 Telecommunications (Carrier Li cence Fess) Termination Bill1996 Telecommunications (Numbering Charges) Bill 1996 Telecommunications (Transitional Provisions and Consequential Amendments) Bill

1996

Telecommunications (Universal Service Levy) Bill1996 Trade Practices Amendment (Telecommunications) Bill 1996 (referred 10 December 1996)

Public hearings • Natural Heritage Trust Bill- 9 August, Melbourne; 14 August, Sydney; 23 August, 13 , 17, 19, 25 and 26 September and 21 October, Canberra; 28 August, Albury; 29 August 1996, Brisbane

Reports tabled 30 Apri/1996 to 31 December 1996 • Review of annual reports: 1994-95 annual reports tabled in the Senate to 31 October 1995 (tabled 22 May 1996)

• Reference of petitions requesting that Jervis Bay be deleted from consideration as a site for any expansion of Defence Department facilities including the East Coast Armaments Complex and that the national broadcaster fulfil its obligations (tabled 21 August 1996)

60

• Review of annual reports : 1994-95 annual reports tabled in the Senate to 30 April1996 (tabled 17 September 1996) • Estimates Report 1996-97 (tabled 9 October 1996) • Natural Heritage Trust of Australia Bill 1996 (tabled 10 October

1996) • Supplementary hearings on the examination of estimates (tabled 30 October 1996)

Report summaries • Reference of petitions The committee raised the matters contained in the petitiOns with the Department of Environment, Sport and Territories and the Department of Defence, and the National Transmission Agency respectively.

The Department of Environment, Sport and Territories advised that it was unaware of any new proposals to locate an armaments depot at Jervis Bay. The Department of Defence indicated that Jervis Bay would 'no longer be considered as a location for the East Coast Armament Complex'.

The National Transmission Agency (NT A) advised that responsibility for providing terrestrial transmission facilities rests with the Minister for Communications and the Arts and not the national broadcaster. It advised that a transmission facility was located on King Island to enable residents to receive ABC TV . The NTA also advised that a transmitter would be

installed to broadcast ABC Regional Radio to the Island. It noted that no other islands in Bass Strait had transmitters, but that many islanders received transmissions from Northern Tasmanian facilities . The NTA outlined the options for residents in this region to improve their radio and television reception.

• Review of annual reports: 1994-95 annual reports tabled in the Senate to 30 April 1996 The committee examined seven annual reports from the Communications and the Arts, and the Environment, Sport and Territories portfolios, including those of the Australian Archives,

Australian Broadcasting Corporation and the Australian Sports Drug Agency.

The committee considered all reports examined to be of a 'high standard of design and presentation'.

• Estimates Report, October 1996 General The Committee experienced some difficulty in interpreting the Portfolio Budget Statements and noted inconsistencies between the Environment, Sport and Territories Portfolio paper

(Budget Related Paper No 1.5) and that of the Communications and the Arts Portfolio paper (Budget Related Paper No 1.2).

Environment, Sport and Territories Portfolio The major focus of questioning of the portfolio related to the Port Hinchinbrook development, World Heritage values and the funding and processes regarding Regional Forest Agreements. There was also considerable discussion regarding the endangered species

Blue Whales. The Sport and Recreation program was questioned with regard to its decision

61

on what constitutes a sport and what constitutes a recreational activity and the consequences for government funding . Due to time constraints many questions were also placed on notice both during and after the hearing.

Communications and the Arts Portfolio The main areas of questioning involved budget cuts to programs and effects on staffing and services, particularly with regard to the Australian Broadcasting Corporation. Other areas of questioning included the National Museum siting study, relocation of Australia II, ABC radio services and also the cost and access to internet facilities for regional areas of Australia.

Telstra Corporation Ltd was also questioned extensively with regard to staff cuts and in particular the reduction in staff numbers at Telstra Research Laboratories when the telecommunications industry is the strongest growth area of the economy. Other areas of questioning included the corporate R&D plan for Telstra and Project Mercury. Again, a large number of questions were placed on notice during and after the hearing.

• Natural Heritage Trust of Australia Bi111996 The bill was referred to the committee for inquiry and report on the recommendation of the Selection of Bills Committee in June 1996. The bill provided for the establishment of a Natural Heritage Trust Reserve to help finance various initiatives including projects in the areas of vegetation, rivers, biodiversity, landcare and coasts and clean seas.

The committee presented a unanimous report, although there was disagreement on the manner in which the Natural Heritage Trust should be funded. Opposition and Democrat members of the committee were of the view that the Trust should be financed out of Conso lidated Revenue, while Government members of the committee felt that an alternative source of funding should be adopted.

The committee made 10 recommendations, including proposing various measures to ensure that the advisory structures for the Natural Heritage Trust Board were representative without being unwieldy; that primacy of the Department of Environment, Sport and Territories be explicitly stated in the legislation and that the responsibility for chairing the Board rest with the Environment Minister; that the issue of funding for Australian built heritage be addressed by the Government; and that funding for projects be needs-based.

The committee recommended that the bill proceed, but foreshadowed that amendments would be mo ved during the committee of the whole debate.

• Supplementary hearings on the examination of estimates Environment, Sport and Territories Portfolio Topics of discussion included funding cuts and redundancies, Commonwealth coastal policy, the role of site supervisors and funding for fishing and netball.

Communications and the Arts Portfolio Topics of discussion included funding cuts and redundancies, classification of programs, the Mansfield inquiry (ABC) and subscription television narrowcasting services.

62

Government response tabled 30 April 1996 to 31 December 1996 • Natural Heritage Trust of Australia Bill 1996 (tabled 5 December 1996; report tabled 10 October 1996)

Government response summary • Natural Heritage Trust of Australia Billl996 The Government agreed that the bill should proceed and noted that amendments were foreshadowed for the Committee of the Whole.

Of the specific recommendations made by the committee, the Government indicated that the bill had clauses that already provided for parliamentary scrutiny; that the board would be known as the 'Natural Heritage Ministerial Board'; that it was not necessary to nominate the chair of the two person board, include details of advisory structures in the bill, or to explicitly

state the Environment Minister's primacy as chair of the Board. The Government also did not support the recommendation that an Advisory Panel of experts be established to advise the Board and assess proposals for funding. The Government noted that the inclusion of broad goals and objectives in the environmental areas covered by the bill may restrict the Trust from responding to changes in priorities.

Year in review The natural heritage trust bill was undertaken in parallel with the inquiry into the Telstra (Dilution of Public Ownership) Bill 1996 being undertaken by the Senate Environment, Recreation, Communications and the Arts References Committee. The consequent substantial

increase in the secretariat workload was met by the temporary appointment of a Class C officer who acted as secretary for this inquiry, and by the temporary appointment of a Class 6 research officer. However, an executive assistant was appointed to assist the inquiry only after the research officer left, and the secretariat was short-staffed during the course of the

inquiry .

Senators found it useful to undertake this inquiry in parallel with the Telstra inquiry, as the two issues had been tied together by Government policy, the funding for the proposed Natural Heritage Trust of Australia was to be derived from the partial sale ofTelstra.

Somewhat unusually for a bills inquiry, an extensive program of interstate hearings was undertaken. Some proposed interstate hearings had to be cancelled because of the inability of senators to attend, but in those cases witnesses were flown to alternative venues, such as Canberra.

Senators ' agreed to disagree' on certain points in the final report, which was unanimous except for indications of disagreements, made in the report's introduction, on the source of funding from the proposed partial sale ofTelstra. There were no dissenting reports.

63

Environment, Recreation, Communications and the Arts References

Method of appointment Pursuant to Senate Standing Order 25 .

Current members

Senator Meg Lees (SA, AD), Chair Senator John Hogg (Qld, ALP) Senator Susan Knowles (W A, LP) Senator Kate Lundy (ACT, ALP) Senator Bill O' Chee (Qld, NPA) Senator the Hon Margaret Reynolds (Qld, ALP) Senator the Hon Chris Schacht (SA, ALP) Senator John Tierney (NSW, LP)

Substitute member

Senator Kim Carr (Vic, ALP)*

*to replace Senator Lundy for marine pollution inquiry

Participating members

Senator the Hon Nick Bolkus (SA, ALP) Senator Ron Boswell (Qld, NP A) Senator Bob Brown (Tas, AG) Senator Paul Calvert (Tas, LP) Senator Kim Carr (Vic, ALP) Senator Grant Chapman (SA, LP) Senator the Hon Bob Collins (NT, ALP) Senator Mal Colston (Qld, Ind) Senator Barney Cooney (Vic, ALP) Senator Helen Coonan (NSW, LP) Senator Alan Eggleston (W A, LP) Senator Chris Evans (W A, ALP) Senator the Hon John Faulkner (NSW, ALP) Senator Alan Ferguson (SA, LP) Senator Jim McKiernan (W A, ALP) Senator Dee Margetts (WA, GWA) Senator Kay Patterson (Vic, LP)

Former members

Senator Michael Baume (NSW, LP) Senator Robert Ray (Vic, ALP) Senator Judith Troeth (Vic, LP) Senator Tom Wheelwright (NSW, ALP)

64

Date of appointment 02 .05 .96 04.12.96 19.06.96 01.07.96

19.06.96 02.0 5.96 02.05.96 02 .05.96

Date of appointment 31.10.96

Date of appointment 02.05.96 02.05.96 01.07.96 09 .05 .96 20 .05 .96 09.05 .96 02 .05 .96 20.06.96 28 .06.96 01.07.96 01.07.9 6 28.06.96 02 .05 .96 08.05.96 28 .06 .96 02 .05.96 28 .06.96

Term of appointment 02 .05.96-19.06.96 02 .05.96-04.12 .96 02.05 .96-19.06.96 02 .05 .96-30.06.96

Former substitute members

Senator Michael Baume (NSW, LP)# Senator Kim Carr _(V ic , ALP)*

# replaced Senator Tierney

Term of appointment 20.08.96-09.09.96 30.05.96-09.09.96

* replaced for Senator Ray for inquiry imo the Telstra (Dilution of Public Ownership) Bill 1996 Former participating members

Senator Michael Baume (NSW, LP) Senator Christabel Chamarette (WA, GWA) Senator Kate Lundy (ACT, ALP) Senator the Hon Nick Minchin (SA, LP)

Senator Sue West (NSW, ALP)*

*for inquiry into Telstra (Dilution of Public Ownership) Bi/11996

Current inquiries

Term of appointment 24.06.96-09.09.96 02.05.96-30.06.96 29.05.96-01.07.96

17.06.96-25.11.96 27.06.96-09.09.96

• The management of water and biological nutrients in Australia (referred 26 June 1995; re­ adopted 23 May 1996) • The question of balancing public access with the principle of 'user pays' in order to defray the public costs of maintaining natural and cultural heritage assets such as national parks

and museums with particular consideration to issues of fairness and equity (referred 26 November 1996)

Public hearings • Telstra (Dilution of Public Ownership) Bill 1996 - 25 and 26 June, 26 July, Canberra; 3 and 30 July, Melbourne; 4 July, Perth; 10 July, Townsville; 11 July, Brisbane; 12 July, Sydney; 23 July 1996, Adelaide

Reports tabled 30 April 1996 to 31 December 1996 • Soccer: second report (presented to the Deputy President on 6 December 1995 ; tabled 30 April 1996; see 1995 annual edition of

Work of Committees) • Report on references of the 37th Parliament (inquiry into management of water and biological nutrients in Australia) (tabled 23 May 1996) • Report on references of the 37th Parliament (inquiry into management

of gold mine effluent) (tabled 23 May 1996) • Telstra: To se ll or not to sell? Consideration of the Telstra (Dilution of Public Ownership) Bill 1996 (tabled 9 September 1996)

Report summary • Telstra: To sell or not to sell? Consideration of the Telstra (Dilution of Public Ownership) Bi111996 In May 1996 the Senate referred the Telstra (Dilution of Public Ownership) Bill 1996 to the

committee. The committee was required to advertise for submissions in the media and conduct public hearings in all state and territory capital cities, and examine a number of matters related to the bill including whether proposed post-1997 telecommunications regulatory arrangements provide effective and adequate consumer protection; whether the bill

65

mig ht need to be amended to accommodate the post-1997 regulation; whether the bill should be split into two or more pieces of legislation; the impact on public sector savings of the part ial sale of Telstra; whether Universal Service Obligations are adequately protected; the impact of privatisation on employment and economic activity, particularly in regional Australia; and whether proposed foreign investment restrictions on Telstra and other telecommunications carriers are appropriate or adequate.

The majority report concluded that there was 'no substantial empirical evidence ... (that] ... Australian consumers will benefit from the partial sale of Telstra.' The committee made 37 recommendations, including that Telstra remain in full public ownership; that the bill be split into two bills, one relating to the proposed sale, and the second concerning the Customer Service Guarantee; and that the environmental programs to be funded by the proposed sale be funded instead from recurrent expenditure or from part of Telstra's profits. The committee recommended that if the sale proceeded, the Minister's power to direct the Telstra Board in the public interest be retained; that the Telecommunications Industry

Development Authority be retained; that mandatory registration of service providers be introduced as part of the post-1997 regulatory arrangements; that codes of practice for consumer protection be mandatory for all carriers and service providers; and that should Parliament support the partial sale of Telstra, it be delayed until December 1998 at the earliest.

A minority report by Government Senators Baume, Knowles, O'Chee and Tierney recommended that the bill be passed in its present form, rejecting the majority report's key recommendations to split the bill, to fund the Government's environmental package from other sources, and to reject the partial sale of Telstra.

Government responses tabled 30 Apri/1996 to 31 December /996 • Soccer (First and Second Reports) (presented to the President on 14 December 1996; reports tabled 27 June 1995 and 30 April 1996

respectively)

Government response summary • Soccer (First and Second Reports) The Government supported all 14 recommendations contained in the committees two reports tabled in June and November 1995. The Government noted that the committee's report had shown that the policies and procedures of Soccer Australia in relation to international transfers had been inadequate at that time. The Government advised that Soccer Australia had

implemented changes in response to some of the committee's recommendations and that progress was being made to implement the remaining recommendations.

Year in review The committee spent the equivalent of a normal year' s budget in the three months it took to complete the Telstra inquiry, and this is one indication of the unusual intensiveness of this inquiry. Also unusual was the reference of a bill to a references committee, rather than to a legislation committee, which permitted a wide-ranging inquiry into the public policy issues related to the bill. Government senators brought down their own comprehensive minority report.

66

During the Telstra inquiry the committee put aside the inquiry into Marine and Coastal Pollution that had been referred to it in June 1995. This inquiry was resumed after the conclusion of the Telstra inquiry.

One member of the committee made regular use of the ability to participate in public hearings by telephone link from Perth, and witnesses from Ceduna and Darwin were also heard by telephone link to the hearing room in Adelaide.

The expectation that the committee should, in the time available, report comprehensively on all of the fourteen points of the terms of reference, many of which could have been the subject of inquiries in their own right, imposed an onerous task on the committee members and the secretariat. The task was completed successfully as a result of the extraordinary efforts put in by all concerned.

Press coverage was extensive during the course of the inquiry. One of its focuses was the manner in which witnesses were questioned by members of the committee, and the committee did receive written complaints from several witnesses about their treatment at hearings.

On 26 November 1996, the Senate referred to the committee for inquiry the question of balancing public access with the principle of ' user pays' in order to defray the public costs of maintaining natural and cultural heritage assets such as national parks and museums, with particular consideration to issues of fairness and equity.

67

FINANCE AND PUBLIC ADMINISTRATION

69

Mr Derek Abbott Ms Marina Ellis Ms Margaret Cahill

Secretariat

(to both the Legislation and References Committees)

Secretary Estimates/Research Officer (P/T) Executive Assistant

70

Phone (06) 277 3530 277 3534 277 3531

37th

References: 3

Reports referred: 0

Bills referred: 0

Submissions: 0

Annual reports: 0

Legislation: 0

Pages (total) 0

Meetings Public: 0

Private: 0

In camera: 0

In spection: 0

Brieting: 0

Other: 0

Total: 0

Hearings televised: 0

Witnesses: 0

Annual reports: 0

Estimates : 0

Legislation: 0

Reports tabled: 0

Annual reports: 0

Estimates: 0

Legislation: 0

Other: 0

Hansard pages (total): 0

Additional information tabled: 0 Pages 0

Extensions: 0

Annual reports: 0

Estimates: 0

Legislation: 0

Government responses tabled: 0

References*: I

Submissions: 0

Pages 0

Meetings Public: 0

Private 0

In camera: 0

In spection: 0

Briefing: 0

Other: 0

Tota l: 0

Hearings televised: 0

Witnesses: 0

Reports tabled: 0

Hansard pages (total): 0

Extensions: 0

Petitions fo r warded: 0

Government responses tabled : 0

Finance and P ublic Administration STA TJSTICAL SUMMARY

38th Total 5 5

40 40

2 2

13 13

0 0

13 13

74 74

8 8

9 9

0 0

0 0

0 0

0 0

17 17 The Committee met for a total of 63 hrs 12 mins 7 7 * references readopted in 38th Parliament have only been counted 263 263 once for the total

0 0

246 246

PROPORTION OF HOURS OF MEETING BV TYPE OF INQUIRY

17 17

6 6 100%

2 2

80%

I

2 2 60%

688 688

13 13

40% .;_

2342 2342

20%

3 3

0 0

0%

I u 0

ll g if

2 2 :c

l

1i 6 '0

0 0

.. .:

l"!!Annmd • Estimates D Legislation • NIS

4

14 14

88 88

briefing

0 0

1:00

5 5

0 0

0 0

I I

0 0

2 2

0 0

0 0

+2 2

0 0

0 0 The co mmittee met fo r a total of 3 hrs 5 mins

7 7 * references readopted in 38th Parliament have only been counted 0 0 once for the total + one report presented out of session in the 37th

Parliament has been included in /995 figures

71

Budget Estimates 1996-97 STATISTICAL SUMMARY

General

Main

Reports: 1

Public Hearings: 3

Private Meetings

Hours of Meetings Public Hearings: 26.10

Private Meetings: 0.10

Suspensions: 3.50

Total minus suspensions 22.20

By Portfolio Administrative Services 09.01 Finance 12.16

Parliament 05.27

Prime Minister and Cabinet 12 .54

Public Hearings Date of Hearing

Monday, 16 September 1996 Wednesday, 18 September 1996 Monday, 23 September 1996 Monday, 30 September 1996 Tuesday, 22 October 1996 (S) Thursday, 7 November 1996 (S)

Reports Tabled I 0 October 1996

Additional Information Tabled 5 December 1996 (I vol), II December 1996 (5 vols)

72

Supplementary Total

2

19.18

1.24

17.54

9.52 1.47

4.51

1

5

45.28 0.10 5.14

40.14

18.53 14.03 05 .27 17.45

Time -Start/Finish

05 .30pm - 12 .05am 12.26pm - 01.20am 09.3 l am - 09.47pm 09.15am - 06.16pm 09.07am - 09.55pm 08.2lpm - 03.00am

Finance and Public Administration Legislation

Method of appointment Pursuant to Senate Standing Order 25 .

Current members

Senator Bill Heffernan (NSW, LP) Senator Sue Mackay (Tas, ALP) Senator Andrew Murray (W A, AD) Senator Robert Ray (Vic, ALP) Senator the Hon Jim Short (Vic, LP) Senator John Watson (Tas, LP)

Participating members

Senator Eric Abetz (Tas, LP) Senator Mark Bishop (W A, ALP) Senator the Hon Nick Bolkus (SA, ALP) Senator Bob Brown (Tas, AG)

Senator the Hon Bob Collins (NT, ALP) Senator Mal Colston (Qld, Ind) Senator Stephen Conroy (Vic, ALP) Senator Barney Cooney (Vic, ALP) Senator Chris Evans (W A, ALP) Senator the Hon John Faulkner (NSW, ALP) Senator Brian Harradine (Tas, Ind)

Senator Cheryl Kemot (Qld, AD) Senator Kate Lundy (ACT, ALP) Senator Dee Margetts (WA, GWA) Senator Shayne Murphy (Tas, ALP) Senator Belinda Neal (NSW, ALP) Senator the Hon Margaret Reynolds (Qld, ALP) Senator the Hon Chris Schacht (SA, ALP)

Senator the Hon Nick Sherry (Tas, ALP) Senator the Hon Grant Tambling (NT, CLP)

*for 1996-97 budget estimates #for 1996-97 supplementary budget estimates

Former members

Senator Robert Bell (Tas, AD), Deputy Chair Senator Mark Bishop (W A, ALP) Senator John Coates (Tas, ALP) Senator the Hon Brian Gibson (Tas, LP) Senator Kate Lundy (ACT, ALP) Senator Ian Macdonald (Qld, LP), Chair

73

Date of appointment 09.10.96 04.12.96 01.07.96 09.10.96

14.12.96 08 .05.96

Date of appointment 09.05 .96 09.10.96 02.05 .96 01.07.96 02.05 .96 29.10.96 04.11.96 23.05.96

11.09.96 02.05 .96 08.05.96 16.09.96* 04.12.96 02.05.96

11.10.96# 16.09.96 17.09.96 02.05.96 02.05 .96 12 .09 .96

Term of appointment 02.05.96-30.06.96 11.09.96-09.10.96 02.05.96-20.08.96

08.05.96-09.10.96 02 .05.96-04.12.96 08.05.96-14.12.96

Former substitute members

Senator Bill Heffernan (NSW, LP)# Senator the Han Rod Kemp (Vic, LP)*

# replaced Senator Gibson *replaced Senator Watson

Former participating members

Senator Christabel Chamarette (WA, GWA) Senator the Han Rod Kemp (Vic, LP) Senator the Han Nick Minchin (SA, LP) Senator Robert Ray (Vic, ALP)

Current inquiries

Term of appointment 30.09.96-07.10.96 16.09.96-20.09.96 20.09.96-09.10.96

Term of appointment 02 .05 .96-30.06.96 12.09.96-17.10.96 20.06.96-14.12.96

11.09.96-09.10.96

o Statutory authorities - continuing oversight of the establishment, operation, administration

and accountability of bodies established pursuant to Commonwealth statute (original reference 6 October 1977; amended 8 October 1986; transferred to committee I 0 October 1994; re-adopted 29 May 1996) o Non-statutory bodies- continuing oversight of the establishment, operation, administration

and accountability of bodies for which the Commonwealth is wholly or partly responsible, being bodies which are not departments (or parts of departments) nor statutory authorities (or sub-bodies of statutory authorities) nor incorporated companies nor incorporated associations (original reference 17 Nove1nber 1983; amended 8 October 1986; transferred to committee 10 October 1994; re-adopted 29 May 1996) o Companies and associations - continuing oversight of the establishment, operation,

administration and accountability of incorporated companies and incorporated associations owned by the Commonwealth and of those in which the Commonwealth holds a major or substantial interest (original reference 8 October 1986; transferred to committee 10 October 1994; re-adopted 29 May 1996) o Ombudsman Amendment Bill 1996 (referred 12 September 1996)

o Portfolio Budget .Statements, including consideration of a new, improved format (referred

21 November 1996)

Public hearings o Aboriginal and Torres Strait Islander Commission Amendment Bill 1996: 21 June 1996,

Canberra o Budget estimates 1996-97 - 16, 18, 23 and 30 September 1996, 22 October and 7

November 1996, Canberra o Ombudsman Amendment Bill 1996 - 19 November 1996, Canberra

74

Reports tabled 30 April / 996 to 3/ December / 996 • Annual reports tabled July 1995 - December 1995 (tabled 22 May 1996)

• Report on references of the 37th Parliament (inquiries into continuing oversight of statutory and non-statutory bodies and incorporated companies) (29 Ma y 1996) • Aboriginal and Torres Strait Islander Commission Amendment Bill

1996 (tabled 25 June 1996) • List of Commonwealth Bodies (tabled 28 June 1996) • Annual reports tabled January 1996 - June 1996 (tabled 18 September 1996) • Estimates Report 1996-97 (tabled 10 October 1996)

Report summaries • Annual reports tabled January 1996- June 1996 The committee examined the annual reports of Anindilyakwa Land Council, the Central Land Council, the Northern Land Council and the Tiwi Land Council, as well as the National

Procurement Board. All reports were considered to be 'apparently satisfactory', except in relation to timeliness. All reports examined failed to table their reports by 31 October. In addition, the committee noted that none of the reports examined contained contact details for an information officer.

The committee also commented on bodies which had been previously identified as not presenting a report to Parliament but which, in the opinion of the committee, should have done so , noting that several had again failed to table a report. The committee made the following recommendations: that the Australia New Zealand Land Information Council and the Commonwealth Spatial Data Committee provide copies of their annual report to the

committee; that the report of the Construction Industry Ministers' Conference be included in their portfolio department's annual report; that the Aboriginal Land Trusts report be included within appropriate annual rep011s , such as the Land Councils; that the Wreck Bay Aboriginal Community Council financial statements be provided to the committee; and that the Office of National Assessments advise the committee of any objections to its presenting an unclassified

annual report to Parliament.

• Estimates Report, October 1996 General The Committee members found the current content and layout of the Portfolio Budget Statements (PBSs) inadequate. Clear explanations of significant variations in outlays were not provided and there were no tables of significant variation. The PBSs did not provide

sufficient information to enable Senators to undertake trend analysis or financial analysis of expenditure while there was insufficient detail of program areas.

Parliament Portfolio Issues raised by members and partiCipating members of the Committee included Public comment by Senate officials, funding of the Senate and representation of parliamentary departments, reduction in Senate staff, contracting out Senators' travel, access to the Internet and staffing in the Clerk's Office. The Committee commented on chairmen who travel away from their home base on committee business not associated with a meeting of the committee

75

and their entitlement to claim travel allowance. The committee raised the issue of the Department of Parliamentary Reporting Staffs funding for the asset replacement program. Combining of the Parliamentary Library's Information and Research Services, the abolition of positions and overtime were raised by the Committee. The Committee considered the Parliamentary Services and Building Management programs of the Joint House Department. The members had questions on the parliamentary art collection, reductions in funding for long-term maintenance, the building maintenance program, press gallery rentals and damage to the building in a recent demonstration.

Prime Minister's Portfolio The Committee sought information on changes to the positions of departmental heads after the recent general election, ministerial staff, remuneration for Parliamentary Secretaries, opposition staffmg levels, redundancies within the department, transfer of the Office of Multicultural Affairs, organisation and meetings of the Cabinet, role of PM&C, the Sydney Olympic Games, cost of official residences, role of OSW and appointment of Special Auditor to ATSIC

ATSIC The areas of questioning included funding reductions, Northern Land Council, Ministerial directions to the board, CDEP funding, quarantined funding, social and cultural developments, aboriginal legal services, housing, Native Title and evaluation and audit.

Finance Portfolio Information was sought on the progress of the trial implementation of accrual accounting, details of Commonwealth outlays to other governments, impact of reduction in staffing resources, impact of rationalisation of regional financial services, changes and trends in commonwealth superannuation and retirement benefits, the sale of assets and proposed sale ofTelstra.

Administrative Services Issues raised by the Committee included asset valuation assessments, impact of budget reductions on staff numbers and services, functioning of the ministerial committee of government communication, tenders for the gun buy back campaign and determination of successful tenders, determination of office location for senators and members, details of ministerial and government staffing, Aboriginal and Torres Strait Islander Electoral Information Service, parliamentary travel services and DAS FLEET operations.

Government responses tabled No government responses were tabled during the period under review.

Year in review 1996 was a 'short' parliamentary year as a result of the General Election held in March. Parliament assembled for the first time in 1996 in late April. This committee tabled two Reports on Annual Reports covering reports tabled in the periods July-December 1995 and January - June 1996. The committee also tabled the most recent version of its List of Commonwealth Bodies. Because of the election the appropriations bill s reverted to earlier practice and were introduced in August thus there was only one round of estimates hearings during the year. The government will return to a May Budget in 1997. In addition to the appropriation bills the committee also reported on the Aboriginal and Torres Strait Islander Commission Bill 1996.

76

Finance and Public Administration References

Method of appointment Pursuant to Senate Standing Order 25 .

Current members

Senator Shayne Murphy (Tas, ALP), Chair Senator Ian Macdonald (Qld, LP), Deputy Chair . Senator Alan Eggleston (W A, LP) Senator Brenda Gibbs (Qld, ALP) Senator Kate Lundy (ACT, ALP) Senator Sue Mackay (Tas, ALP) Senator Andrew Murray (W A, AD) Senator John Watson (Tas, LP)

Participating members

Senator the Hon Nick Bolkus (SA, ALP) Senator Bob Brown (Tas, AG) Senator the Hon Bob Collins (NT, ALP) Senator Mal Colston (Qld, Ind) Senator Stephen Comoy (Vic, ALP) Senator the Hon John Faulkner (NSW, ALP) Senator Dee Margetts (W A, GW A)

Former members

Senator Robert Bell (Tas, AD) Senator Mark Bishop (W A, ALP) Senator John Coates (Tas, ALP) Senator Julian McGauran (Vic, NPA) Senator the Hon Nick Sherry (Tas, ALP)

Former participating members

Senator Christabel Chamarette (WA, GWA) Senator the Hon Nick Minchin (SA, LP)

Current inquiries

Date of appointment 02 .05 .96 02.05 .96 01.07.96 31.10.96 02.05.96 04.12 .96 01.07.96 02.05.96

Date of appointment 02.05.96 01.07.96 02.05 .96 29.10.96 31.10.96 02.05 .96 02.05 .96

Term of appointment 02.05.96-30.06.96 17.10.96-04.12.96 02.05.96-20.08.96 02 .05 .96-01.07.96 02.05.96-31.10.96

Term of appointment 02.05.96-30.06.96 20.06.96-14.12.96

• Tabling of indexed lists of files of departments and agencies (referred 21 August 1996 pursuant to order of 30 May 1996) • The necessity for public accountability of all govermnent services provided by govermnent contractors (referred 4 November 1996) • The discussion paper entitled Towards a Best Practice Australian Public Service, issued

by the Minister for Industrial Relations (Mr Reith) (referred 11 December 1996)

Public hearings No public hearings were held during the period under review.

77

Reports tabled 30 Apri/1996 to 31 December 1996 • Service delivery (presented to the President on 14 December 1995 ; tabled 30 April 1996; see 1995 annual edition of Work of

Co mmittees) • Review of order for the production of indexed lists of departmental files (tabled 22 May 1996)

Government responses tabled No government responses were tabled during the reporting period.

78

FOREIGN AFFAIRS, DEFENCE AND TRADE

79

Mr Paul Barsdell Ms Christine McDonald Ms Loes Baker Ms Dolores Young

Secretariat

(to both the Legislation and References Committees)

Secretary Principal Research Officer (P/T) A/g Senior Research Officer Executive Assistant

80

Phone (06) 277 3535 277 3538 277 3537 277 3536

Foreign Affairs, Defence and Trade STATISTICAL SUMMARY

References: Reports referred: Bills referred: Submissions:

Annual reports: Legislation: Pages (total) Meetings

Public:

37th 0

I

Private: 0

In camera: 0

Inspection : 0

Briefing: 0

Other: 0

Total: 0

Hearings televised: 0

Witnesses: 0

Annual reports: 0

Estimates: 0

Legislation: 0

Reports tabled: 0

Annual reports: 0

Estimates: 0

Legislation: 0

Hansard pages (total): 0

Additional information tabled: 0 Pages 0

Extensions: 0

Annual reports: 0

Estimates: 0

Legislation: 0

Government responses tabled: 0

38th Total I

31 31

15 15

0 0

I5 15

140 140

7 7

7 7

0 0

0 0

0 0

0 0

14 14

7 7

548 548

0 0

533 533

15 15

4 4

2 2

I I

600 600

4 4

807 807

2 2

0 0

0 0

0 0

0 0

References*: 5 4 6

Submissions: 8 102 102

Pages 50 1206 1256

Meetings Public: 0 13 13

Private 2 37 37

In camera: 0 0 0

In spection: 0 I I

Briefing: 0 0 0

Other: 0

Total: 2

Hearings televised: 0

Witnesses: 0

Reports tabled: +I

Hansard pages (total): 0

Extensions: 0

Petitions forwarded: 0

Government responses tabled: 0

52 7

132 4

1192 4

8

52 7

132 4

1192 4

8

public 54:21

The Committee met for a total of 55 hrs 59 mins

81

PROPORTION OF HOURS OF MEETING BV TYPE OF INQUIRY

100%

80%

60%

40%

20% T

0% J --·

c

i .s

C! Annual •Estimates OLegislation •NIS

The Committee met for a total of I 00 hrs 56 min s * references readopted in 38th Parliament have only been counted once for the total +tabled out of session subsequently tabled in 38th Parliament

Budget Estimates 1996-97 STATISTICAL SUMMARY

General

Reports: Public Hearings: Private Meetings

Hours of Meetings Public Hearings: Private Meetings: Suspensions:

Total minus suspensions

By Portfolio Defence

Foreign Affairs and Trade Veterans' Affairs

Public Hearings Date of Hearing

Main I

5

52.23 0.05 9.00

43.28

1I .03 32 .20 0.20

Tuesday, 17 September 1996 Thursday, I9 September 1996 Monday, 23 September 1996 Tuesday, 24 September 1996 Wednesday, 25 September 1996 Tuesday, 22 October 1996 (S)

Reports Tabled 9 October 1996

Additional Information Tabled 9 December 1996 (2 vols)

82

Supplementary

7.10

1.24

05.46

2.13 1.58 1.35

Time -Start/Finish

4.17pm- 11 .00pm 2.15pm- 12 .00am 9.05am- 12 .05am 9.1 Oam - 11.30pm 9.05am- 4.00pm 9.05am- 4.15pm

Total I

6

59.33 0.05 10.24

49.14

I3.16 34.18 01.55

Foreign Affairs, Defence and Trade Legislation

Method of appointment Pursuant to Senate Standing Order 25.

Current members

Senator Judith Troeth (Vic, LP), Chair Senator Vicki Bourne (NSW, AD) Senator Chris Ellison (W A, LP) Senator Chris Evans (W A, ALP)

Senator Michael Forshaw (NSW, ALP) Senator David MacGibbon (Qld, LP)

Substitute member

Senator the Hon Peter Cook (W A, ALP)*

Date of appointment 08.05.96 01.07.96 01.07.96 02 .05 .96 01.07.96 08 .05.96

Date of appointment 19.09.96

*to replace Senator Evans for Foreign Affairs and Trade portfolio matters; modified 9 October for Senator Cook to replace Senator Evans for the 1996-97 budget and additional estimates on matters covered by the Foreign Affairs and Trade portfolio

Participating members

Senator Eric Abetz (Tas, LP) Senator the Hon Nick Bolkus (SA, ALP) Senator Bob Brown (Tas, AG) Senator the Hon David Brownhill (NSW, NPA) Senator Paul Calvert (Tas, LP) Senator Mal Colston (Qld, Ind) Senator the Hon Peter Cook (W A, ALP)

Senator Alan Eggleston (W A, LP) Senator Chris Evans (W A, ALP) Senator the Hon John Faulkner (NSW, ALP) Senator Michael Forshaw (NSW, ALP)

Senator Brian Harradine (Tas, Ind) Senator John Hogg (Qld, ALP) Senator Meg Lees (SA, AD)+ Senator Dee Margetts (WA, GWA)

Senator Shayne Murphy (Tas, ALP) Senator Robert Ray (Vic, ALP) Senator the Hon Chris Schacht (SA, ALP) Senator Sue West (NSW, ALP)

#for Foreign Affairs and Trade portfolio matters + for consideration of 1996-97 budget estimates *for the 1996-97 supplementary budget estimates

83

Date of appointment 09.05.96 02.05.96 01.07.96 09.05.96 09.10.96 29.10.96 02.05.96 01.07.96

19.09.96# 02.05.96 10.10 .96+ 08 .05 .96

10.09.96 12.09.96 02 .05.96 15 .10.96*

21.08.96 02.05.96 11.09.96

Former members

Senator Baden Teague (SA, LP) Senator John Hogg (Qld, ALP) Senator Gerry Jones (Qld, ALP)

Former substitute members

Senator Jacinta Collins (Vic, ALP)# Senator the Hon Peter Cook (W A, ALP)* Senator John Hogg (Qld, ALP)+ Senator Sandy Macdonald (NSW, NPA)++

Senator the Hon Bob Woods (NSW, LP)**

# replaced Senator For shaw for the 1996-97 budget estimates

Term of appointment 08.05.96-30.06.96 01.07.96-10.09.96 02.05.96-30.06.96

Term of appointment 11.09.96-17.09.96 30.05.96-17.06.96 17.09.96-22.10.96

12.09.96-16.09.96 19.09.96 only 16.09.96-20.09.96

*replaced Senator Jones for the inquiry into the Export Market Development Grants Amendment Bill (No. I) /996 + replaced Senator Forshaw for the 1996-97 budget estimates till 3.30pm on 22 October 1996 + + replaced Senator Troeth from 3. OOpm

**replaced Senator Ellison

Former participating members

Senator Bryant Burns (Qld, ALP) Senator Christabel Chamarette (WA, GWA) Senator Michael Forshaw (NSW, ALP)

Senator the Hon Rod Kemp (Vic, LP)

Current inquiries No inquiries at the end of the reporting period.

Public hearings

Term of appointment 02.05.96-30.06.96 02.05. 96-30.06.96 20.06.96-30.06.96

16.09.96-17.09.96 12.09.96-17.10.96

• Export Market Development Grants Amendment Bill (No. 1) 1996 - 5 June 1996, Canberra • Budget estimates 1996-97 - 17, 19, 23, 24 and 25 September and 22 October 1996, Canberra

Reports tabled 30 Apri/1996 to 31 December 1996

• Export Market Development Grants Amendment Bill (No. 1) 1996 (tabled 17 June 1996) • Examination of annual reports No. 1 of 1996 (tabled 21 August 1996) • Scrutiny of annual reports No. 2 of 1996 (tabled 19 September 1996) • Estimates Report, October 1996 (tabled 9 October 1996)

Report summaries • Examination of annual reports No. 1 of 1996 The committee examined 25 annual reports from the Defence and Foreign Affairs and Trade portfolios, including those of the Department of Veterans' Affairs, the Australian War Memorial, Judge Advocate General, Repatriation Commission, Australia-Japan Foundation,

Australia France Foundation and Clean Food Marketing Australia Limited.

84

In general the committee considered the standard of annual reports examined to be 'well presented and informative'. Of concern, however, was the approach to performance reporting, with reports focussing on activities rather than performance.

The committee also noted that some difficulty appears to have been experienced by statutory and non-statutory bodies in choosing the most appropriate requirements to report against. The committee recommended that these agencies should report against relevant requirements from both the departmental annual reporting requirements and the guidelines for the preparation of annual reports by statutory authorities.

The committee found all reports to be 'apparently satisfactory'.

• Scrutiny of annual reports No. 2 of 1996 The committee examined the annual reports of three authorities: the Repatriation Medical Authority, the Royal Australian Air Force Veterans' Residences Trust, and the Australian Antarctic Foundation.

All three reports were well presented and comprehensive and considered 'apparently satisfactory'. The committee noted that relevant components of the departmental reporting requirements and guidelines for statutory authorities had been addressed in the reports.

• Estimates Report, October 1996 Scheduling The Committee conducted hearings over five days to complete its consideration of the estimates without sitting beyond midnight at any meeting. This proved to be both a

productive and fair arrangement which would serve Committee and Portfolio interests at future Estimates rounds. At the Supplementary hearings, problems arose due to tight scheduling: answers to questions on notice had barely been received by members before deadlines for submissions of topics had been closed. Future scheduling of supplementary hearings should take this into account, especially if extended rounds of budget estimates

hearings become standard procedure.

Portfolio Budget Statements The Portfolio Budgets Statements submitted for consideration at the hearings were inadequate. Defence statements in particular were criticised for unclear presentation of information, confusing to Committee members and representing Defence officers alike. Officers from the Department of Foreign Affairs and Trade observed that requirements set by

the Department of Finance had made clear presentation of information problematic in some sections of the Foreign Affairs and Trade PBS.

Consideration of Portfolio Estimates The change of government and subsequent reductions in funding meant that there was a focus on the effects of the cuts on staff levels and on program delivery. In the case of the Department of Defence, which largely retained funding levels, internal structural and other changes directed equivalent questioning.

85

Def ence Portfolio (i ncluding Veterans' Affairs) Department of Defence Overview The Committee questioned the Department about the Defence budget and reductions to Executive staff numbers and administrative expenditure. Other questions focussed on defence facilities, their maintenance, and on new capital projects. The abolition of the Reserves and changes to staff superannuation arrangements also attracted comment. Some international Defence issues were addressed, including the promotion and sale of Defence materiel, but the major focus of concern was on sexual harassment and equity issues across the Services. Another matter extensively investigated was the sale of Holsworthy as

the new (potential) Sydney Airport site.

Navy Questions focussed on personnel and equity matters. Areas examined were the reductions to the Ready Reserves, training of new and medical staff, the number and handling of sexual harassment complaints and the causes of staff separation revealed by Navy exit interviews. Other matters addressed were asbestos litigation cases and the maintenance of Collins submarines.

Army Explanation of the impact of Army restructuring and of the Government Savings Initiative on Army programs was requested. Other matters examined were the provision for the General Reserves, compensation for Human Rights and Equal Opportunity (HREOC) cases, training for Army medics and the causes of staff separation revealed by Army exit interviews.

Air Force Particular concern was shown about HREOC compensation cases and about harassment complaints from Air Force personnel to the Defence Ombudsman. Other matters addressed were staff reductions, costs of the Butterworth Inquiry, the ownership of Fairburn runway and the development at Darwin and Tindal RAAF bases.

Department of Veterans' Affairs The Department experienced a two percent across the board reduction in its ruru1ing costs during the period under assessment. Questions focussed on the impact of these reductions on staff and clients through the abolition or structural reform of programs, the removal of exemptions and introduction of fees , for example, in nursing homes. Explanation of the costs and effectiveness of the IT outsourcing initiative was also requested. A number of questions focussed on apparent discrepancies in the reporting of staffing matters in the PBS.

Foreign Affairs and Trade Portfolio (including AusAID and Austrade) Department of Foreign Affairs and Trade The Department was questioned extensively on the impact of reductions in funding to all program areas. Concern that international aid commitments (to health, education and environmental programs) were not being met and that Australian industry had been disadvantaged overseas by loss of incentives, lack of promotion and/or bad press about racial prejudice at home generated a large number of questions. Detailed explanation of Australia's performance on human rights matters and of the Government's stance on nuclear weapons was also requested. Australia's failure to secure a place on the UN Security Council was also addressed and enquires made about overseas SES staffing and about matters relating to the activities of Progran1 2-Passports and Consular Services. Questions were also asked about the Department's assessment of the acceleration of world poverty, the role of the World Bank and Australia's involvement in World Bank programs.

86

Government responses tabled No government responses were tabled during the period under review.

Year in review On 23 May, the coriunittee received its first bill when the Senate referred the Export Market Development Grants Bill (No. 1) 1996 to the committee for consideration. The committee received 15 submissions and held one day of hearings in Canberra. A report was presented to

the Senate on 17 June.

The committee scrutinised the Budget estimates of expenditure for the defence and foreign affairs and trade portfolios over five days in September and spent another day conducting the supplementary hearings in October. A report was presented to the Senate on the estimates in October.

The committee presented reports on its scrutiny of annual reports of departments and agencies within the defence and foreign affairs and trade portfolios in July and September.

87

Foreign Affairs, Defence and Trade References

Method of appointment Pursuant to Senate Standing Order 25.

Current members

Senator Michael Forshaw (NSW, ALP), Chair Senator Chris Ellison (W A, LP) Senator Chris Evans (W A, ALP) Senator John Hogg (Qld, ALP) Senator Sandy Macdonald (NSW, NPA) Senator Judith Troeth (Vic, LP) Senator Sue West (NSW, ALP) Senator John Woodley (Qld, AD)

Participating members

Senator the Hon Nick Bolkus (SA, ALP) Senator Bob Brown (Tas, AG) Senator the Hon David Brownhill (NSW, NPA) Senator Paul Calvert (Tas, LP) Senator Grant Chapman (SA, LP) Senator Mal Colston (Qld, lnd) Senator the Hon Peter Cook (W A, ALP) Senator Alan Eggleston (W A, LP) Senator the Hon John Faulkner (NSW, ALP) Senator Brian Harradine (Tas, lnd) Senator Dee Margetts (WA, GWA) Senator the Hon Chris Schacht (SA, ALP) Senator Judith Troeth (V ic, LP)

Former members

Senator Gerry Jones (Qld, ALP) Senator Natasha Stott Despoja (SA, AD) Senator Baden Teague (SA, LP)

Former substitute members

Senator Ron Boswell (Q ld, NPA)** Senator Ron Boswell (Qld, NPA)* Senator Helen Coonan (NSW, LP)# Senator Helen Coonan (NSW, LP)+ Senator Baden Teague (SA, LP)*

**replaced Senator Troethfor DIFF inquiry * replaced Senator Troeth # replaced Senator Ellison for DIFF inquily + replaced Senator Ellison

88

Date of appointment 02 .05 .96 02.05.96 02.05.96 01.07.96 02.05.96 09.05.96 02.05 .96

15.10.96

Date of appointment 02 .05.96 01.07.96 09.05 .96 09.10.96 09.05.96 29.10.96 02 .05.96 01.07.96 02.05.96 08.05 .96 02.05.96 02.05 .96 09 .05 .96

Term of appointment 02.05 .96-30.06.96 01.07.96-15 .10.96 02.05.96-30.06.96

Term of appointment 28.06.96-15 .10.96 01 .07.96-20.08 .96 28.06.96-15 .10.96 01.07.96-20.08.96 09.05.96-30.06.96

Former participating members

Senator Bryant Burns (Qld, ALP) Senator Christabel Chamarette (WA, GWA) Senator John Woodley (Qld, AD)

Current inquiries

Term of appointment 02.05.96-30.06.96 02.05.96-30.06.96 02.05 .96-01.07.96

• Appropriateness and effectiveness of the Australian Government's provision of consular assistance to Australians abroad (referred 24 August 1995; re-adopted 30 May 1996)

Public hearings • Development of air links with Latin America - 11 and 17 June 1996, Canberra • Proposed abolition of DIFF - 6, 7, 8 and 19 August; 9 and 16 September, Canberra; 24 October, Melbourne; 13 November 1996, Sydney

Reports tabled 30 Apri/1996 to 3/ December 1996 • Matters not disposed of at the of the 37th Parliament (tabled 30 May 1996)

• Australia China Relations (tabled 26 June 1996) • The development of Australia's air links with Latin America (tabled 21 August 1996) • Inquiry into the abolition of the Development Import Finance Facility

(tabled 15 October 1996)

Report summaries • The development of Australia's air links with Latin America In November 1995 the Senate referred to the committee the 1994-95 annual reports of the Department of Transport and Qantas Airways Limited in regard to the development of

Australia's air links with Latin America. This issue had arisen during the 1992 inquiry into Australia-Latin America relations conducted by the former Standing Committee on Foreign Affairs, Defence and Trade, which had recommended the improvement of air links between the two regions.

The committee's report discusses the 1992 report and the government response to it; developments since 1992 and current air service agreements; tourism potential; business and investment opportunities; fares; and air freight.

The committee made 11 recommendations, including that the government recognise that only by improvement of air links would tourism to Australia from Latin American countries increase; that inadequate air links impeded the expansion of business opportunities between the two regions; that Aerolineas Argentinas and Lan Chile be granted the right to increase the frequency of their services to Australia; and that the Australian Tourist Commission continue to develop its activities in Latin America and cooperate with relevant carriers in the marketing of Australia to Latin American travellers.

• Inquiry into the abolition of the Development Import Finance Facility The Development Import Finance Facility (DIFF) was established in 1982. Combining grant funds and export credits, DIFF provided developing countries with concessional loans for priority public sector projects. Over the years DIFF developed into an increasingly

89

humanitarian program, providing assistance for projects at a local community level in the areas of education, renewable energy and the environment.

Following a decision in May 1996 to abolish DIFF effective from 1 July 1996, the Senate referred to the Foreign Affairs, Defence and Trade References Committee matters relating to the scheme's abolition, including the impact on existing and potential commitments by Australian industry under the scheme, and Australian workers; the impact on the Australian economy and the economies of countries with which Australia has relationships under the scheme; the impact on Australia's international relations with the Asia-Pacific region; the role of concessional finance arrangements in advancing Australia's overseas development aid objectives and in assisting Australian companies to win export opportunities in the Asia­ Pacific region; the Government's management and implementation of its decision to abolish the scheme; and, the extent to which DIFF could be further refined to assist developing countries in the reduction of greenhouse gas emissions.

The report includes a discussion of the DIFF scheme, overseas responses to the termination of the scheme, the impact of DIFF's termination in Australia, and DIFF's position in Australia's aid program. Similar issues were addressed in a minority report by Government senators Boswell, Coonan and Sandy Macdonald.

The majority report contained eight recommendations, including that another mixed credits scheme be introduced prior to the 1997-98 financial year as previously proposed by the Government; that projects that had reached the Letters of Advice stage prior to the scheme's termination, be processed in the normal way; that the percentage of environmental projects

under any new mixed credits scheme be raised to 40 per cent; and that the Senate request the appearance of the Foreign Minister before, and order the provision of certain documents to, the committee to enable it to finalise its inquiry on two terms of reference relating to the Government's handling of the scheme's abolition and its impact on the Asia-Pacific region.

The minority report drew a number of conclusions, including that additional funding proposed by the Government would cover humanitarian-focussed projects that had reached an advanced stage at the time of the scheme's termination; that no 'substantive damage' had been caused to any relationships between Australia and recipient countries as a result of the abolition of DIFF; and that the terms of reference of the Simons review of Australia's aid program include determining the commercial benefits of a concessional finance scheme for individual companies and the net economy, the impact of such schemes on export companies and the internationalisation of Australian business, and the effects on Australian companies' competitiveness in the Asia-Pacific region if excluded from such concessional finance schemes.

Government responses tabled No government responses were tabled during the period under review.

Year in review At the beginning of 1996, the committee was working on five references: two at the report drafting stage and three in preliminary phases. Following the federal elections in March, the committee focussed its attention on finalisation of the report on the inquiry into certain matters relating to the crash of RAAF Nomad aircraft A 18-401 in March 1990. This report was presented to the President of the Senate on 29 April.

90

With some changes in membership and a new Chair the commencement of the new Parliament, the committee then concluded inquiries into Australia' s relations with China and the development of Australia's airlinks with Latin America. Reports on these two inquiries were reloeased on 26 June and 2 July respectively.

On 26 June, the Senate referred the matter of the abolition of the Development Import Finance Facility to the committee for inquiry. All hearings were held in August in Canberra, including a telephone link-up with a witness in Western Australia. The committee's report was presented to the Senate on 15 October. This cleared the way for the committee to give more attention to its inquiry into the Australian Go vernment's consular services, which included several specific cases, including that of the abduction and death of David Wilson with two companions in Cambodia. A series of hearings were held in Canberra, Melbourne and Sydney and further hearings will be conducted in early 1997.

Two members of the committee made an inspection of HMAS Anzac, including a short sea voyage from Jervis Bay to Sydney. The committee also met delegations from Cambodia and South Africa.

91

LEGAL AND CONSTITUTIONAL

93

Mr Neil Bessell Mr Steve Curran Ms Helen Eastburn

Mr Stephen Bull Ms Jacquie Hawkins Ms Joy Brogan Ms Della McCay Ms Julie Hunter Ms Debbie McMahon

Secretariat

(to both the Legislation and References Committees)

Secretary Principal Research Officer Principal Research Officer (PRO) Senior Research Officer Estimates/Research Officer Administrative Officer Executive Assistant (P/T) Executive Assistant (temp) Clerical Assistant

94

Phone (06) 277 3560 277 3562 277 3219 277 3563 277 3564 277 3561 277 3561 277 3571 277 3561

Legal and Constitutional STATISTICAL SUMMARY

References*: Reports referred : Bills referred: Submissions:

Annual reports:

3 7th I

I

38th 7

37 6

Ill

Total 8

38 7

Ill

Legislation: 0 12679 12679

Other: 22 22

Pages (total)

0 41041 41041

Meetings Public: Private: In camera: In spection: Briefing: Other: Total: Hearings televised : Witnesses:

Annual reports: Estimates: Legislation: Reports tabled:

Annual reports: Estimates: Legi slation: Hansard pages (total): Additional information tabled:

Pages

Extensions: Annual reports/other: Estimates: Legislation: Government responses tabled:

2

2

References* : 6

14 18 0

32 13

29 1 0

211 80 8

2

627 9

1466 8

2

6

Submissions: 8 473

Pages 35 3695

Meetings Public: 2 9

Private 5 16

l n camera: 0 I

In spection: 0 0

Briefing: 0 0

Other: 0 0

Total: 7 25

Hearings televised: 0 2

Witnesses: l 5 128

Reports tabled: +l

Hansard pages (total): I 94 815

Extensions: 0 0

Petitions forwarded: 0 10

Government responses tabled: 0 2

14 18 0

32 13

291 0

211 80 8

2

5

627 9

1466 8

2

6

9

481 3730

II

21

33 2

143

1009 0

10 2

publi c 64:07

The Committee met for a total of 70 hrs 6 mins • references readopted in 38th Parliament have only been counted once for the total

PROPORTION OF HOURS OF MEETING BV TYPE OF INQUIRY

100% r I

80% T

60% l I

40% T

20% -L

• • . NISl

--- - ---------

in camera

The Committee met for a total of 8 1 hrs 29 mins

public 60:06

+ report presented out of session subsequently tabled in 38th Parliament

95

Budget Estimates 1996-97 STATISTICAL SUMMARY

General

Main

Reports: 1

Public Hearings: 3

Private Meetings 1

Hours of Meetings Public Hearings: 23.44

Private Meetings: 0.1 0

Suspensions: 3.2 1

Total minus suspensions 23 .54

By Portfolio Attorney-General's 15 .36

Immi gration and Ethnic Affairs 8.08

Public Hearings Date of Hearing Tuesday, 17 September 1996 Thursday, 19 September 1996

Wednesday, 25 September 1996 Wednesday, 23 October 1996 (S) Tuesday, 19 November 1996 (S)

Reports Tabled 9 October 1996

Additional Information Tabled

Supplementary

2

10.24 .05 00.46

10.24

7.44

2.40

Time - Start/Finish 4.15pm - 12.50am 1.01pm- 12.13am 9.37am - 4.55pm 9.36am- 4.44pm 8.14pm- 12.16am

18 November 1996 (3 vols), 11 December 1996 (2 vols)

96

Total I

5

2

34.08 0.15 4.08

34.23

23.20

10.48

Legal and Constitutional Legislation

Method of appointment Pursuant to Senate Standing Order 25.

Current members

Senator Chris Ellison (W A, LP), Chair Senator Eric Abetz (Tas, LP) Senator the Hon Nick Bolkus (SA, ALP)

Senator Vicki Bourne (NSW, AD) Senator Jim McKiernan (W A, ALP) Senator William O'Chee (Qld, NPA)

Participating members

Senator Bob Brown (Tas, AG) Senator the Hon Bob Collins (NT, ALP) Senator Mal Colston (Qld, Ind) Senator Barney Cooney (Vic, ALP)

Senator Jeannie Ferris (SA, LP) Senator Brian Harradine (Tas, Ind) Senator Bill Heffernan (NSW, LP) Senator Julian McGauran (Vic, NPA) Senator Dee Margetts (W A, GW A) Senator the Hon Nick Minchin (SA, LP) Senator Shayne Murphy (Tas, ALP)* Senator Belinda Neal (NSW, ALP) Senator Natasha Stott Despoja (SA, AD) Senator the Hon Grant Tambling (NT, CLP)

Senator John Woodley (Qld, AD)+ All Opposition senators not already members+

*for 1996-97 supplementary budget estimates + for consideration of Euthanasia Laws Bill

Former member

Senator Sid Spindler (Vic, AD), Deputy Chair

Former substitute members

Senator Ron Boswell (Qld, NPA)+

Senator Helen Coonan (NSW, LP)# Senator Helen Coonan (NSW, LP)+ Senator Jeannie Ferris (SA, LP)*

+ replaced Senator O'Chee

97

Date of appointment 08.05 .96 08.05 .96 02.05 .96

01.07.96 02.05.96 08.05 .96

Date of appointment 01.07.96 02.05.96 29.10.96 23.05.96 07.11 .96 08.05.96 07.11.96 07 .11. 96 02.05.96 07.11.96

11.10.96 02.05 .96 21.08.96 07.11.96

18.11.96 18.11.96

Term of appointment 02.05.96-30.06.96

Term of appointment 16.09.96-20.09.96 28.11.96 only 23.10.96 only 29.11.96 only 23.10.96 only

# replaced Senator Abetz f or budget estimates supplementary hearing * replaced Senator O'Chee for budget estimates supplementary hearing

Former participating member

Term of appointmenr

Senator Christabel Chamarette (WA, GWA) Senator the Hon Rod Kemp (Vic, LP) Senator Robert Ray (Vic, ALP)

02.05.96-30.06.96 12 .09.9617.10.96 09 .1 0.96-04.12.96 04.11.96-05.12.96 Senator Natasha Stott Despoja (SA, AD)

Current inquiries • The optimal role and function of the Administrative Review Council (ARC) and the relationship between the ARC and other relevant bodies (referred 18 September 1996) • Provisions of the Euthanasia Laws Bill 1996 (referred 7 November 1996)

Public hearings • Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods and Other Measures) Bill1996- 6, 20 and 27 June 1996, Canberra; 12 June 1996, Sydney • Migration Legislation Amendment Bill (No. 2) 1996- 26 June 1996, Canberra • Budget estimates 1996-97- 17, 18, 19 and 25 September, 23 October and 19 November

1996, Canberra • Migration Legislation Amendment Bill (No. 3) 1996 - 18 and 28 November 1996, Canberra • Hindmarsh Island Bridge Bill 1996 - 25 and 29 November 1996, Canberra

Reports tabled 30 Apri/1996 to 31 December 1996 • Examination of annual reports No. 1 of 1996 (tabled 26 June 1996) • Migration Legislation Amendment Bill (No. 2) 1996 (tabled 27 June

1996)

• Bankruptcy Legislation Amendment Bill 1996 (tabled 9 September 1996) • Social Security Legislation (Newly Arrived Resident's Waiting Periods and Other Measures) Bill 1996 (tabled 10 September 1996) • Examination of annual reports No. 2 of 1996 (tabled 18 September

1996)

• Estimates Report, October 1996 (tabled 9 October 1996) • Migration Legislation Amendment Bill (No . 3) 1996 (tabled 5 December 1996) .

• Hindmarsh Island Bridge Bill 1996 (tabled 5 December 1996)

Report summaries • Bankruptcy Legislation Amendment Billl996 The bill, the provisions of which were referred to the committee in June 1996, retains many of the elements of the Bankruptcy Legislation Amendment Bill 1995 which had been referred to the committee a year earlier but which lapsed as a result of the 1996 general election. The committee made five recommendations in relation to the 1995 bill, the government's responses to which were included in the current legislation. The committee examined those new aspects of the bill and the government's response to concerns raised in the 1995 dissenting report.

98

The committee noted that the recommended amendment to the definition of 'maintenance order' in clause 6( 1 )(e) of the 1995 bill was not considered necessary as proposed changes to the Bankruptcy Act and changes included in the current bill provided sufficient protection against the scenario envisaged at the time. Recommendations made in the 1995 report which were given legislative effect in the current bill were a revised definition of 'technical

insolvency' to make it consistent with common law and Corporations Law definitions of insolvency; the provision of a certificate to debtors if a debt agreement ends; the increase in the threshold for a debtor's unsecured debts; and that legal aid payments not be included in the definition of income.

The committee also examined a number of other issues raised in evidence including staffing and resources of the Insolvency and Trustee Service Australia (ITSA); the use of regulations; antecedent transactions; limits placed on debt agreements; and the establishment of the Bankruptcy Consultative Forum.

The committee recommended that the issue of whether legal fees and other similar support should be excluded from the definition of 'income' be considered by the Bankruptcy Consultative Forum, and that the government should reconsider proposed amendments to Part IX of the Bankruptcy Act relating to the administration of debt agreements. The committee

also recommended that the bill be passed.

A joint Opposition/Australian Democrat minority report rejected the maJonty recommendation relating to proposed amendment to Part IX of the Bankruptcy Act; recommended that adequate funding be restored to ITSA, and that regulations 3 and 7 of the Bankruptcy Rules (Amendment) 1996, No . 191 be disallowed.

• Social Security Legislation (Newly Arrived Resident's Waiting Periods and Other Measures) Bill1996 The primary purpose of the bill is to impose on newly-arrived residents a two-year waiting period for access to social security benefits. The bill also includes provisions relating to data­ matching and information requests about people receiving social security payments.

The committee's report provides an outline of current Australian migration programs and the main features of the social security system. It presents the arguments for and against the bill. Concerns raised in evidence included whether the Government has a mandate to make the changes; the inequity of differentiating between taxpayers by denying access to benefits by

newly-arrived residents; and the effects on migrants' settlement, English language training and Voluntary Welfare Agencies.

The committee also examined several legal policy issues including the retrospective nature of aspects of the bill; whether the bill meets Australia's international obligations; and whether the bill complies with the Racial Discrimination Act 1975.

The committee concluded that the establishment of a two year waiting period for newly arrived residents 'is timely, responsible and supported by the Australian community, including the broader ethnic community.' The committee recommended that the bill be passed subject to 11 recommendations, including that guidelines relating to the provision of special

benefits should not be exclusive; that special need relatives be exempt from the provisions

99

relating to carer's pension; that the two year wa1tmg period not apply to the disability allowance for children, innocent illegals or the double orphan's pension; that the waiting period should apply from the date of the initial decision not to grant a permanent visa in cases where an appeal against the decision is upheld; and that the impact of the bill on newly arrived residents' access to labour market programs be reviewed.

In a minority report Opposition members made 18 recommendations proposing amendments to the bill to 'restrict the Bill to the implementation of the Government's election commitment, to the extent that is possible'. Opposition members disagreed with the majority report's conclusion that the bill was supported by the Australian and broader ethnic communities and that the bill does not discriminate on the grounds of race; and were of the view that the bill contravened a number of international conventions to which Australia is a signatory.

Australian Democrat Senator Bourne supported the minority report's conclusions and recommendations except for the first recommendation, recommending in her minority report that the bill be rejected.

In additional comments, Opposition Senator Cooney also indicated that the legislation should be rejected.

• Examination of annual reports No.2 of 1996 The committee examined 16 annual reports, including those of the Family Law Council, Federal Race Discrimination Commissioner, Australian Transaction Reports and Analysis Centre, Office of the Parliamentary Counsel, Audio-Visual Copyright Society Ltd, and the Report on the Operation of the War Crimes Act 1945 to June 1995.

The committee considered all reports examined to be 'apparently satisfactory'. The committee noted, however, that the Auscript annual report did not include a compliance index and that the report on the operation of the War Crimes Act should have been tabled earlier.

• Estimates Report, October 1996 Attorney-General's Portfolio The committee questioned or sought additional information from the Department and all agencies on the following budget-related issues:

• the extent and impact of the efficiency dividend and implications for equity and access to justice; • staffing levels and implications for equity and access to justice; and • the implementation of the Government' s election promises.

Specifically, the committee questioned officers of the Department about the National Commission of Audit's recommendations concerning legal services provided by the Department, particularly the recommendation that the legal practice should be downsized to a core budget funded area responsible for policy advice.

100

The committee also questioned officers of the Department about the decision to reduce Commonwealth funds available for legal aid and the use of Commonwealth funds for matters arising under state law.

The committee sought detailed information on proposed increases to court fees from the Department and raised several issues relating to the impact that the proposed increases could have on access to justice.

Officers from the Family Court of Australia were also questioned about increased court fees and their impact on access to the Family Court.

Further detailed information was sought from officers of the AFP about the demonstration at Parliament House on 19 August 1996.

The committee sought detailed information from officers from the Department and from the Commonwealth Law Enforcement Board on the Guns Control Program and in particular the selection of the advertising firm , DDB Needham, to publicise the campaign. This matter was pursued further when, on 4 November 1996, the Senate agreed that the committee' s estimates

be reconvened on 19 November 1996to consider the matter further.

Immigration and Ethnic Affairs Portfolio The committee questioned the Department and all agencies on the following budget related issues:

• extent and impact of the efficiency dividend; • staffing levels; and • the implementation of the Government' s election promises.

The committee sought information on the integration of the Bureau of Immigration, Multicultural and Population Research within the Department and the effects of budget cuts on the former Bureau.

In relation to the Migration Program, the committee raised several matters including:

• the regional family category; • the capping of migration programs and fiance visas; • family reunion program; • skill levels required in the concessional category; and

• the 1995-96 migration figure of 82.500.

The committee commended the Immigration Review Tribunal on its increased productivity and the Refugee Review Tribunal for its improved performance despite its increased workload.

• Migration Legislation Amendment Bill (No.3) 1996 The report examines four issues dealt with by the bill : the introduction of a single visa charge (schedule I); amendments to the Migration Act 1958 to enable the Minister for Immigration and Multicultural Affairs to limit the number of visas granted in all migration categories

101

annually and to suspend processing of visa applications (schedule 2); the introduction of a two year cohabitation period for people in de facto relationships prior to their being eligible for a permanent residence visa (schedule 3); amendments relating to revocation of citizenship on the basis of migration-related fraud (schedule 4).

The committee made four recommendations based on concerns raised at the hearings, namel y that the effect of visa capping on the processing and administration of visa applications be monitored; that appropriate administrative and review mechanisms be in place to prevent fraud or corruption arising from changes to capping provisions; that regulations relating to the two-year cohabitation period include a discretion to waive the requirement on compassionate grounds; and that proposed subsection 507(b) be redrafted. The committee also recommended that the bill be passed.

A joint Opposition/Australian Democrats minority report recommended that schedule 1, 2 and 3 be omitted from the bill.

• Hindmarsh Island Bridge Bill1996 The purpose of the bill, referred to the committee in October 1996, is to exclude the areas of land and water required for the construction of a bridge between Goolwa and Hindmarsh Island from the operation of the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (the Heritage Act).

The Heritage Act provides a process for protection of areas that are of significance to Aboriginals. It enables protection applications to be made, inquiries to be conducted, and declarations conferring protection to be made by the Minister for Aboriginal and Torres Strait Islander Affairs. At the time of the bill's introduction an application covering the area required for the bridge was with the Minister.

The committee's report provided an overview of the bridge proposal, including previous inquiries established to examine the issue. It set out the arguments for and against the main criticism of the bill that emerged in the committee's inquiry were: whether the bill was necessary and whether an inquiry required under the Heritage Act could be carried out quickly and cheaply; whether the bill contained provisions contrary to the Racial Di scrimination Act; and whether the retrospective element in the bill was objectionable.

The committee concluded that the bill was necessary to ensure that the bridge could be built without further challenges under the Heritage Act and that another inquiry would not be required. The committee recommended that the Senate pass the bill.

A joint Opposition/ Australian Democrat minority report said: that the bill was not necessary and that the process under the Heritage Act should be followed; that the bill contains an objectionable retrospective element; and that, if the bill is not rejected, that it be amended to reflect Parliament's intention that the Racial Discrimination Act should prevail over the bill. Opposition Senator Cooney, in an additional comment, said that the damage that would be caused by the bill's enactment outweighed its benefits, particularly given the existence of an alternative solution to the issue.

102

Government responses tabled No government responses were tabled during the period under review.

103

Legal and Constitutional References

Method of appointment Pursuant to Senate Standing Order 25.

Current members

Senator Jim McKiernan (W A, ALP), Chair Senator Chris Ellison (W A, LP), Deputy Chair Senator Eric Abetz (Tas, LP) Senator the Hon Nick Bolkus (SA, ALP) Senator Vicki Bourne (NSW, AD) Senator the Hon Peter Cook (W A, ALP) Senator Barney Cooney (Vic, ALP) Senator William O'Chee (Qld, NP A)

Participating members

Senator Bob Brown (Tas, AG) Senator Christabel Chamarette (W A, GW A) Senator the Hon Bob Collins (NT, ALP) Senator Mal Colston (Qld, Ind) Senator Dee Margetts (WA, GWA) Senator Andrew Murray (W A, AD) Senator Belinda Neal (NSW, ALP) Senator Robert Ray (Vic, ALP) Senator Natasha Stott Despoja (SA, AD) Senator John Woodley (Qld, AD)

*for sexuality discrimination inquiry

Former member

Senator Sid Spindler (Vic, AD)

Former substitute members

Senator Helen Coonan (NSW, LP)* Senator Helen Coonan (NSW, LP)#

*replaced Senator Abetzfor sexuality discrimination inquiry # replaced Senator Abetzfor 1996-97 supplementmy budget estimates

Current inquiries • The rights and obligations of the media (re-adopted 29 May 1996)

Date of appointment 02.05.96 02.05.96 02.05.96 02.05.96 01.07.96 02.05.96 02.05.96 02.05.96

Date of appointment 01.07.96 02.05.96 02.05.96 29.10.96 02.05 .96 21.08.96* 02.05.96 09.10.96 26.06.96 21.08.96*

Term of appointment 02 .05.96-30.06.96

Term of appointment 01.10.96 only 23.09.96 only

• Payment of a minister's legal costs, in respect of terms of reference (f) and (g) (re-adopted 29 May 1996) • The continued ability to have access to legal services and litigation in Australia (referred 29 May 1996)

104

The need to protect Australian citizens against discrimination and vilification on the grounds of their sexuality or transgender identity, as dealt with by the Sexuality Discrimination Bill 1995 [1996] (referred 30 May 1996) • The Australian legal aid system (referred 17 September 1996)

Public hearings • Sexuality discrimination inquiry - 6 August and 22 October, Canberra; 7 August, Sydney; 8 August, Melbourne; 9 August, Hobart; 16 August, Adelaide; 23 and 24 September, Perth; 1 October 1996, Brisbane

Reports tabled 30 April 1996 to 31 December 1996 • Report on references of the 37th Parliament (tabled 29 May 1996)

Government responses tabled 30 April 1996 to 31 December 1996 • Trick or Treaty? Commonwealth power to make and implement treaties (tabled 2 May 1996; report tabled 29 November 1996)

• National well-being: a system of national citizenship indicators and benchmarks (tabled 2 December 1996; report tabled 30 April1996)

Government response summary • National well-being: a system of national citizenship indicators and benchmarks The Government was generally supportive of the committee's recommendations. It advised, however, that a formal National System of Indicators and Benchmarks would not be

established, expressing the view that appropriate benchmarks and indicators should be developed progressively through various Commonwealth/State Government fora.

The Government supported the recommendation that appropriate support be provided to establish links with relevant activities, including the proposed United Nations Research Institute for Social Development Conference on Globalization and Citizenship to be held in Australia and various civics and education programs.

105

RURAL AND REGIONAL AFFAIRS AND TRANSPORT

107

Mr Andrew Snedden Mr John O'Keefe Mr Maurice Chalmers Ms Judith Wuest

Secretariat

(to both the Legislation and References Committees)

Secretary Senior Research Officer Alg Senior Research Officer Executive Assistant

108

Phone (06) 277 3510 277 3513 277 3507 2773511

Rural and Regiona l Affairs a nd Tra nsport STATISTICAL SU MM ARY

37th 38th Total

References*: Reports referred: Bill s referred: Submission s:

Annual re ports/other+: Legislation: Pages (total) Meetings

Public: Private: In camera: Inspection : Bri efing: Oth er: Total: Hearings televised: Witnesses:

Ann ual reports/other+: Esti mates: Leg islation: Reports tabled:

Annual reports/other+: Estim ates: Legislati on: Hansard pages (tota l): Additional information tabled:

Pages

Extensions: Annual report s: Estimates: Legislation: Gover nment responses tabled:

References: Submissio ns: Pages

Meetings Public : Pri vate In camera: In spection: Bri efi ng: Oth er: Total: Hearin gs televised: W itnesses: Reports tabled: Hansard pages (total):

Extensions: Petitions forwarded : Government responses tabled:

I 5

0 72

0 4

0 6 1

0 29

0 32

0 475

0 13

2 12

0 0

0 0

0 0

0 0

2 25

0 12

0 429

0 66

0 278

0 74

6

1 2

0 3

0 805

0 13

0 2922

0 5

0 2

0 I

0 2

2 5

2 13

8 11 0

2

3 7

0 0

3 0

0 0

0 0

8 10

0 3

16 769

11 5 177

0 I

0 2

6

72 4

61 29 32 475

13 12 0

25 12 429 66 278

74 7

3

I

3

805 13

2922 5

2

2

5

13

110

5

10 0

3

18 3

785

292 I

2

private 7: 13

The Committee mel fo r a total of70 hrs 39 mins

public 66:3 1

• references readopted in 38th Parliament have only been counted once for the total +importation· of cooked chicken meat inquiry

PROPORTION O F HOU RS O F MEETING BY TYPE OF INQUIRY

100% T I

80% ,.

60%

40% T

20% -

u

" § "' ] :;; =

!

<=

6 "

= a

!o Other ---

publi c 17: 19

The Committee met for a total of32 hrs S I mins

109

Rural and Regional Affairs and Transport Budget Estimates 1996-97 STATISTICAL SUMMARY

General

Reports: Public Hearings: Private Meetings

Hours of Meetings Public Hearings: Private Meetings: Suspensions:

Total minus suspensions

By Portfolio Primary Industries.and Energy Transport and Regional

Development

Public Hearings Date of Hearing

Main 1

3

23:28 0:00 2:18

21:10

10:25

11:35

Tuesday, 17 September 1996 Thursday, 19 September 1996 Friday, 20 September 1996 Tuesday, 22 October 1996 (S)

Report Tabled 9 October 1996

Additional Information Tabled

Supplementary 0

Total 1

1

9:46 0:00 0:29

9:17

Time - Start/Finish 4:16pm - !1:45pm

4

33:14 00.00 2:47

30:27

3:14

5:12

I : 12pm - 12midnight 9:03am- 2: 14pm 9:02am- 6:48pm

28 November 1996 (6 vols), 4 December 1996 (1 vol), II December 1996 (1 vol)

110

Rural and Regional Affairs and Transport Legislation

Method of appointment Pursuant to Senate Standing Order 25 .

Current members

Senator Winston Crane (W A, LP), Chair Senator Stephen Conroy (Vic, ALP), Deputy Chair Senator Paul Calvert (Tas, LP)

Senator the Hon Bob Collins (NT, ALP) Senator Julian McGauran (Vic, NPA) Senator John Woodley (Qld, AD)

Participating members

Senator Eric Abetz (Tas, LP) Senator Ron Boswell (Qld, NPA) Senator Bob Brown (Tas, AG) Senator the Hon David Brownhill (NSW, NPA) Senator Grant Chapman (SA, LP) Senator Mal Colston (Qld, Ind)

Senator the Hon Peter Cook (W A, ALP) Senator Alan Eggleston (W A, LP) Senator Jeannie Ferris (SA, LP) Senator Michael Forshaw (NSW, ALP) Senator Brenda Gibbs (Qld, ALP) Senator Brian Harradine (Tas, Ind) Senator Meg Lees (SA, AD)* Senator Ian Macdonald (Qld, LP) Senator Sandy Macdonald (NSW, NPA) Senator Sue Mackay (Tas, ALP)

Senator Dee Margetts (WA, GWA) Senator Shayne Murphy (Tas, ALP)# Senator Andrew Murray (W A, AD) Senator Belinda Neal (NSW, ALP) Senator Kerry O'Brien (Tas, ALP) Senator the Hon Chris Schacht (SA, ALP) Senator the Hon Nick Sherry (Tas, ALP) Senator John Tierney (NSW, LP) Senator Sue West (NSW, ALP)

" f or 1996-97 budget estimates # f or 1996-97 supplementary budget estimates

111

Date of appointment 08.05 .96 02.05.96 08.05.96 02.05.96 08 .05.96 02 .05.96

Date of appointment 09.05.96 21.05.96 01.07.96 09.05.96 08 .05 .96 29.10.96 02.05 .96 01.07.96 21.08 .96

11.09.96 11.09.96 08 .05.96 11.09.96 08 .05.96 30.05.96

11 .09.96 02.05 .96 11.10.96 10 .09.96

16.09.96 11.09.96 02.05.96 16.09.96 08.05.96 27.06.96

Former substitute member

Senator Bill Heffernan (NSW, LP)# Senator John Panizza (W A, LP)+ Senator Sue West (NSW, ALP)*

# replaced Senator Calvert from 9.00am on 20 September + replaced Senator Calvert * replaced Senator Bob Collins

Former participating members

Senator Bryant Bums (Qld, ALP) Senator Christabel Chamarette (W A, GWA) Senator the Hon Rod Kemp (Vic, LP) Senator the Hon Grant Tambling (NT, CLP)

Current inquiries No inquiries at the end of the reporting period.

Public hearings Shipping Grants Legislation Bill 1996 - 20 and 21 May 1996, Canberra

Term of appointment 20.09.96-07.10.96 16.09.96-19.09.96 13.09.96 only

Term of appointment 20.05.96-30.06.96 02.05 .96-30.06.96 12 .09.9617.10.96 20.05.96-30.10.96

Airports Bill 1996 and Airports (Transitional) Bill 1996 - 30 May, 24 June 6 August 1996, Canberra Primary Industries and Energy Legislation Amendment Bill (No. 1) 1996 - 17 June 1996, Canberra Importation of cooked chicken meat - 28 August, 13 and 30 September 1996, Canberra Budget estimates 1996-97 - 17, 19 and 20 September and 22 October 1996, Canberra

Reports tabled 30 April/996 to 31 December 1996

Report summaries

Examination of annual reports No. 1 of 1996 (tabled 27 May 1996) Shipping Grants Legislation Bill 1996 (tabled 30 May 1996) Primary Industries and Energy Legislation Amendment Bill (No . 1) 1996 (tabled 18 June 1996) Airports Bill 1996 and Airports (Transitional) Bill 1996 (tabled 21 August 1996) Estimates Report, October 1996 (tabled 9 October 1996) Importation of cooked chicken meat into Australia (tabled 31 October

1996)

• Airports Bil11996 and Airports (Transitional) Bil11996 The Senate referred the Airports Bill 1996 and the Airports (Transitional) Bill 1996 to the committee to examine issues relating to the Sydney West airport, the removal of cross ownership rules, the power of a minister to exempt airport plans from public comment; and unresolved matters relating to Perth and Adelaide airport developments.

During the course of the committee's inquiry, the Minister for Transport and Regional Development indicated that, following debate in the House of Representatives, the Government would re-insert cross ownership provisions and remove the clauses relating to ministerial exemption provisions. The Government also advised that it would change the

112

reference of 'foreign company' to 'foreign person' in clause 14 of the schedule to the Airports Bill.

In its report the committee discussed, inter alia, matters relating to restriction on airport ownership, airport -land use and planning, environmental management, domestic terminal leases, dispute resolution, the impact on users, the definition of aeronautical services and consultation with state and local government.

The committee recommended that the bills be agreed to subject to the amendments proposed by the Minister for Transport and Regional Development; that the development and economic concerns of states, territories and local government be taken into account in the selection of future airport lessees; that a clear consultative mechanism be established between the federal state, territory and local governments; and that non-aeronautical business activities be

regulated to ensure that they conform with state, territory and local government planning and trading laws.

In a minority report, Democrat Senator Woodley, acknowledged that the majority report and recommendations reflected the evidence received by the committee at its public hearings, but expressed the view that the privatisation of Australian airports was against the national interest for a variety of reasons.

• Estimates Report 1996-97 General The committee commented on the usefulness of the information session on the estimates process conducted by the Clerk Assistant (Committees) prior to the budget round of hearings.

The committee also expressed reservations about the format of the portfolio budget statements and suggested that more detailed and clearer information on budget line items was required.

Transport and Regional Development portfolio Issues examined by the committee included: • the delay in the installation of fixed beacons within aircrafts; • the details of the brochure on the Pacific Highway upgrade • the status and availability of the Brew Report; • the implications for regional communities of the abolition of the Department of Regional

Development

Primary Industries and Energy portfolio Issues examined by the committee included: • the implications of the termination of the Ethanol Bounty Scheme; • the operation of the Lifeline service in Queensland; • projected efficiencies in operating costs and anticipated savings in the Quarantine and

Inspection Service

• Importation of cooked chicken meat into Australia Matters relating to the Australian Quarantine and Inspection Service's (AQIS) administration and management of all aspects of the importation of cooked chicken meat into Australia were referred to the committee in August 1996.

113

Issues examined by the committee included the scientific basis for, and application of, the proposed protocol for the importation of cooked chicken meat; the possible introduction of diseases to Australia and the implications for the Australian chicken industry and native birds; the proposed heat treatment of chicken meat as a means of inactivating viruses; Australians international trade obligations in relation to the chicken meat industry; and the overseas use of chemicals in poultry production.

In a unanimous report, the committee expressed opposition to the importation of cooked chicken meat, particularly with regards to the economic impact on the Australian chicken meat industry and the risk of introducing diseases into Australia.

The committee made eight recommendations, including that the Quarantine Act be amended so that final responsibility for quarantine decisions rests with the minister and/or government; that further research be carried out on the thermal inactivation of Newcastle disease virus and infectious bursal disease virus in chicken meat products under commercial processing conditions; that AQIS require area certification from avian (pertaining to birds) disease; and that, in the event that importation of cooked chicken meat proceeds, assistance for the Australian chicken meat industry in the form of a tariff or quota on imported meat on a temporary or reducing basis be introduced.

Government response tabled 30 Apri/1996 /o 31 December 1996 • Australian Quarantine Inspection Service (tabled 21 November 1996; report tabled 30 April 1996)

Government response summary • Australian Quarantine Inspection Service The Government was generally supportive of the committee's recommendations. It noted that an independent review of Australia's animal and plant quarantine policies and committees had been established by the former Government in December 1995 . As the Nairn Committee's terms of reference covered elements of the Senate committee's inquiry, the Government indicated that it would consider relevant recommendations during its examination of the Nairn Committee Report.

The Government stated in its response to the committee's report that it 'endorses the view of the Committee that a strong and effective AQIS is central to our dual goals of maintaining an effective quarantine system that protects our advantageous plant, animal and human health status and increasingly building on our reputation as a provider of safe, high quality food products to world markets.'

Year in review Quarantine The Legislation Committee, under and unusual procedure, examined the administration and role of the Australian Quarantine and Inspection Service (AQIS) in 1995. The Committee's Report, entailing a considerable number of detailed recommendations on the role of AQIS and how its central functions and administration could be brought up-to-date. The report also focussed on recognition of AQIS's centrally important role in Australian human, animal and plant health, and Australia' s agricultural standing.

114

The Committee' s report was tabled on the last day of the 37th Parliament- 29 April, 1996, by the outgoing Chairman of the Legislation Committee, Senator Bryant Burns (ALP, Queensland).

The Government' s response to the Legislation Committee's report was tabled in the Senate on 21 November 1996.

Importation of Cooked Chicken Meat Following its report into AQIS, the Legislation Committee had referred to it the proposed importation of cooked chicken meat into Australia. As part of its AQIS report, the Legislation Committee had considered a number of issues raised by the proposal for importation of cooked chicken meat. The Committee held a series of hearings on the references, including a hearing with chicken farming representatives in Maitland, NSW in September, before tabling

its report and recommendations on 31 October.

Bills Considered by the Legislation Committee The Legislation Committee considered and reported on three bills during 1996.

The Shipping Grants Legislation Bill 1996 ; the Primary Industries and Energy Legislation Amendment bill (No 1.) 1996 and, the Airports Bill 1996 and the Airports (Transition) Bill 1996.

115

Rural and Regional Affairs and Transport References

Method of appointment Pursuant to Senate Standing Order 25.

Current members

Senator John Woodley (Qld, AD), Chair Senator Winston Crane (W A, LP), Deputy Chair Senator Paul Calvert (Tas, LP) Senator the Hon Bob Collins (NT, ALP) Senator Stephen Conroy (Vic, ALP) Senator Dominic Foreman (SA, ALP) Senator Brenda Gibbs (Qid, ALP) Senator Bill Heffernan (NSW, LP)

Participating members

Senator Bob Brown (Tas, AG) Senator the Hon David Brownhill (NSW, NPA) Senator Grant Chapman (SA, LP) Senator Mal Colston (Qld, Ind) Senator the Hon Peter Cook (W A, ALP) Senator Alan Eggleston (W A, LP) Senator Jeannie Ferris (SA, LP) Senator Dee Margetts (WA, OW A) Senator Shayne Murphy (Tas, ALP) Senator the Hon Grant Tambling (NT, CLP) Senator Sue West (NSW, ALP)

Former member

Senator Bryant Bums (Qld, ALP) Senator Ian Macdonald (Qld, LP)

Former substitute member

Senator Bill Heffernan (NSW, LP)*

* replaced Senator Calvert from 9. OOam on 20 September 1996

Former participating member

Senator Christabel Chamarette (WA, GWA)

Current inquiries

Date of appointment 02.05.96 02.05.96 02.05.96 02.05.96 02.05.96 02.05 .96 01.07.96

14 .10.96

Date of appointment 01.07.96 09.05.96 09.05.96 29.10.96 02.05 .96 01.07.96 21.08.96 02.05.96 29.05.96 20.05.96 27.06.96

Term of appointment 02.05.96-30.06.96 02.05 .96-14.10.96

Term of appointment 20.09.96-07.10 .96

Term of appointment 02.05. 96-30.06.96

• A review of Landcare policies and programs in Australia (referred 16 December 1993 ; tran sferred to committee I 0 October 1994; re-adopted 27 June 1996) • Value-adding in agricultural production (re-adopted 27 June 1996) • Commercial utilisation of native wildlife (referred 30 October 1996)

116

• Commonwealth Government's role in the Australian rail industry (referred 7 November 1996) • The decision by the board of Airservices Australia to purchase the Precision Aerial Delivery (PADS) manufactured by Search and Rescue Pty Ltd (referred 5

December 1996)

Public hearings • Commercial utilisation of native wildlife - 2 December 1996, Canberra • PADS inquiry- 9 December 1996, Canberra (2 hearings)

Report tabled 30 April /996 to 31 December /996 • Matter referred during the 37th Parliament (tabled 27 June 1996)

Government responses tabled 30 April 1996 to 31 December 1996 • Impact of assets tests on farming families ' access to social security and Austudy-Second report: social security assets test (tabled 19

September 1996; report tabled 28 September 1996)

Government response summary • Impact of assets tests on farming families' access to social security and Austudy-Second report: social security assets test The Government indicated that it would be establishing a Special Rural Task Force to examine the impact of social security assets tests on farming families to ensure that they are not disadvantaged. The Government indicated that the committee's recommendations would be referred to the Task Force for consideration.

The Government supported a number of committee recommendations including that: • the proposed amendments to the Social Security Legislation Amendment Bill (No. 2) 1994 which seek to exempt primary producers from the assets test requirements for the basic and additional family payments should not be supported; • alternative approaches or modifications to the Pension Loan Scheme be examined to

provide a viable option for people unable to qualify for social security payments because of the assets test; • information on social security payments and procedures relevant to farming families be published and widely distributed; • training for Department of Social Security staff in rural and regional areas be enhanced to

increase their understanding of the special circumstances of farming families; and • that all hardship provisions for social security payments be reviewed by the Minister for Social Security to ensure that farming families' are not disadvantaged.

The Government did not support the committee's recommendation that the definition of 'liquid assets' under hardship provisions for family payment be changed.

Year in review Landcare The References Committee decided early in the 38th Parliament that it would re-adopt and finalise its review - commenced late in 1993 - into the administration of the Landcare

administration and programs. The Committee carried out a long-planned visit to Landcare projects in the north-west ofNSW in early 1996.

117

Value-adding to Australian Agriculture The Committee re-adopted its inquiry into value-adding to Australian agricultural produce in the 38th Parliament with a view to finalising its report into a major inquiry conducted by the References Committee in the 37th Parliament. The Committee expects that it will table this report early in 1997.

Rail Industry Late in 1996, the References Committee had referred to it a major report to government on the Australian rail industry - the Brew Report.

The Committee has been asked by the Senate to inquire into the Brew Report basis and findings, and the future of the Commonwealth in the rail industry, particularly in the light of proposals for the industry announced by the Government in November 1996. The Committee is due to report to the Senate in March 1997.

Precision aerial delivery System (PADS) During the examination of estimates for the Department of Transport and Regional Development for 1996-7, matters relating to the acquisition of the PADS were raised with air Services Australia, the Statutory authority responsible for sea search and rescue activities.

The matters raised were in November referred to the References Committee for report by the end of February 1997.

Commercialisation of Australian Native Wildlife The References Committee commenced a major inquiry into the commercial utilisation of Australian native wildlife late in 1996.

The Committee intends that its inquiry concentrate on utilisation and economic exploitation of wildlife, including farming, free-range harvesting and - importantly - utilisation of Australian flora - such as bush food - for commercial gain.

The Committee has advertised for submissions both in the media and on the Internet, and expects to commence its hearing program in April 1997 .

118

SELECT COMMITTEES

Established by resolution of the Senate, select committees are appointed to inquire into a specific issue and cease to exist following the tabling of their final report.

The following select committees were active during the period under review:

Community Standards Relevant to the Supply of Services Utilising Electronic Technologies (first formed 21 June 1991)

Dangers of Radioactive Waste (formed 9 March 1995)

Superannuation (first formed 5 and 20 June 1991)

Uranium Mining and Milling (formed 2 May 1996)

Victorian Casino Inquiry (formed 8 May 1996)

119

Community Standards Relevant to the Supply of Services Utilising Electronic Technologies

Method of appointment Pursuant to resolution first agreed to by the Senate on 21 June 1991. Term of appointment varied 10 September 1991 and 23 June 1992; reconstituted 5 May 1993. Resolution of appointment varied 13 May 1993 and 8 February 1994. Re-appointed 20 May 1996.

Current members

Senator John Tierney (NSW, LP), Chair Senator the Hon Margaret Reynolds (Qld, ALP), Deputy Chair Senator Kay Denman (Tas, ALP) Senator Brian Harradine (Tas, Ind) · Senator Susan Knowles (W A, LP) Senator Julian McGauran (Vic, NPA)

Senator Judith Troeth (Vic, LP) Senator Natasha Stott Despoja (SA, Ab)

Former member

Senator John Woodley (Qld, AD)

Secretariat

Ms Roxane Le Guen Ms Kate Tremble

Current inquiries

Al g Secretary Executive Assistant

Date of appointment 22.05 .96 29.05.96 29.05 .96 22.05 .96 22.05 .96

22.05 .96 22.05 .96 15.10.96

Term of appointment 22.05 .96-15.10.96

Ph one (06) 277 3646 277 3195

The portrayal of violence in the electronic media and related matters ansmg from submissions to the Committee of Ministers on the Portrayal of Violence in the Media (referred 22 August 1996)

Public hearings • Portrayal of violence in the electronic media - 8 and 15 July, Sydney; and 29 November 1996, Canberra

Reports tabled 30 Apri/1996- 31 December 1996 • Classification (Publications, Films and Computer Games) Regulations: Statutory Rules 1995 No. 401 (tabled 21 August 1996)

• R-rated material on pay TV: Part 2 and Review of the guidelines for the classification of film and videotapes (tabled 17 October 1996)

121

Report summaries • Classification (Publications, Films and Computer Games) Regulations: Statutory Rules 1995 No. 401 In May 1996, Senator Bourne gave notice of a motion to disallow the Classification (Publications, Films and Computer Games) Regulations. The Regulations were referred to the committee for inquiry and report. The Regulations, made pursuant to the Classification (Publications, Films and Computer Games) Act 1995 and which came into effect on 1 January 1996, impose 32 fees for classification and related functions performed by the Office of Film and Literature Classification (OFLC).

The Regulations provide for an increase in fees associated with the classification of films and videos, confirm the fee for the classification of computer games and create a fee for the classification of publications, and are the first step in a cost recovery scheme for classification services.

A number of issues were raised in submissions to the committee, including the size of the fee increase for the classification of films and videos; the lack of consultation with the industry; the introduction of a fee for the classification of cassette, compact disk and record covers; and the level of the classification fee for publications.

The committee made seven recommendations, including that the Regulations not be disallowed, that relevant industry groups be consulted by the Government during its review of the OFLC, and that its report be released to the industry and the committee; that a temporary member with commercial expertise be appointed to the Classification Board during the review; that the OFLC discontinue its practice of double charging for the classification of a film released in film and video form; that the existing range of statutory exemptions not be extended; and that the Regulations and Ordinances Committee give notice for disallowance of the regulations introducing the next round of fee increases, to enable the Community Standards committee to conduct an inquiry on their acceptability.

• R-rated material on pay TV: Part 2 and Review of the guidelines for the classification of film and videotapes Under its terms of appointment, the Community Standards Select Committee is required to monitor the classification guidelines for films and videos. In particular, the committee is required to examine whether or not Rand X-rated material should be available on pay TV.

In its February 1995 report on the issue, the committee recommended that the Office of Film and Literature Classification (OFLC) should conduct a comprehensive review of the R classification. At that time, the committee recommended that R-rated material not be permitted on pay TV, but that it would reconsider this recommendation following the tabling of the revised R-classification by the Attorney-General .

The report summarises the OFLC's review of the film and video guidelines and provides a commentary on its conduct. The committee was concerned that the OFLC did not address the substance of its earlier recommendation to define the criteria used to rate violent, sexually violent and other exploitative sexual material more precisely. As a result, the committee

122

recommended the continuation of the moratorium on the broadcasting of R -rated material on pay TV.

The report outlines the committee's views on parliamentary scrutiny of classification guidelines; the current lack of retrospectivity of the rtew guidelines; the extent to which community attitudes towards demeaning depictions are taken into account by classifiers; the use of combined film and video guidelines; and the enforcement of classification restrictions. The committee made nine recommendations, including that the Broadcasting Services Act

1992 be amended to prevent Rand X-rated material from being broadcast on pay TV ; that a recall program of all material, which would warrant a higher classification under the new guidelines, be launched by the Classification Board; and that separate guidelines for videos be instituted to ensure that standards higher than those applied to films are applied to videos.

Government responses tabled 30 Apri/1996 to 31 December 1996 • Classification (Publications, Films and Computer Games) Regulations: Statutory Rules 1995 No. 401 (presented to the President

on 14 December 1996; report tabled 21 August 1996)

Government response summary • Classification (Publications, Films and Computer Games) Regulations: Statutory Rules 1995 No. 401 The Government was generally supportive of all recommendations, including that the regulations not be disallowed by the Senate; that the Government consult closely with relevant elements of the industry in the review of the operations of the Office of Film and Literature Classification (OFLC); and that the current range of statutory exemptions not be

extended.

While not supporting the recommendation that the Minister appoint a temporary member to the Classification Board to provide commercial expertise during the review process, the Government indicated thata person with commercial expertise would be engaged on a short­ term contract basis by the OFLC. The Government also advised that consideration would be gi ven to a proposal to introduce a discounted fee for simultaneous applications for film and video classification.

Year in review Classification (Publications, Films and Computer Games) Regulations, Statut01y Rules 1995 No 401 he Committee was re-appointed on 20 May 1996 and on 27 June 1996, the Senate referred the

Classification (Publications, Films and Computer Games) Regulations, Statutory Rules 1995 No 401 to the Committee for inquiry and report. The Committee conducted a public hearing in Sydney on 15 July 1996 at which government and industry representatives were able to put forward their respective positions in relation to the Regulations.

The Regulations enable the Commonwealth to charge organisations in the publishing, film/video and computer games industry for the classification services it provides through the Office of Film and Literature Classification (OFLC). The Committee was told by industry representatives that the OFLC had not engaged in a proper process of consultation prior to the

introduction of the interim fees contained in the Regulations.

123

The Committee reported to the Senate in August 1996. It found that the fees for classification had been set at a realistic level but recommended that in future, the OFLC not increase fees without first engaging in full and genuine consultations with the industry as well as giving the Senate Committee an opportunity to examine the proposal.

R-Rated material on Pay TV Part 2 and Review of the Guidelines for the Classification of Film and Videotapes The Committee had begun this inquiry during the 37th Parliament and had held a public hearing in Canberra on 27 November 1995. A second hearing was held in Sydney on 8 July

1996. In the interim, the Committee had dealt with the Classification Regulation inquiry detailed earlier.

The Committee's main interest in the review process of the film and video classification guidelines related to the issue of whether R- or X- rated material should be permitted on Pay TV. The Committee reported in October 1996, recommending that the Broadcasting Services Act 1992 be amended to prevent broadcasting of any R-rated or X-rated material on Pay TV .

The Committee also made a number of recommendations relating to finetuning of the film and video guidelines and to the composition of the OFLC .

Portrayal of Violence in the Electronic Media On 22 August 1996, the Senate referred to the Committee, an inquiry relating to the portrayal of violence in the electronic media. The inquiry is unusual in that it is based on submissions already made to another inquiry (a Committee of Ministers) set up by the government on 8 May 1996, in the wake of the mass killings at Port Arthur in Tasmania on 30 April 1996. The

Senate Committee has therefore not advertised seeking submissions but based its inquiry on some 700 submissions received by the Committee of Ministers.

The Committee decided to hold a public seminar in Canberra on 29 November 1996 and invited those who had made major submissions to the inquiry to attend and participate. The Committee was impressed with the positive suggestions and the overall contribution made to the inquiry by most of those who participated in the public seminar. A number of organisations, including the New Zealand Broadcasting Standards Authority sent observers to the seminar. The Committee is due to report in February 1997.

124

Community Standards Relevant to the Supply of Services Utilising Electronic Technologies STATISTICAL SUMMARY

References: Submissions: Pages Meetings

Public: Private In camera: Inspection:

Briefing: Other: Total: Hearings televised : Witnesses:

Reports tabled: Hansard pages (total): Extensions: Government responses tabled:

2

101 935

10 2

15 2

48 2

221

private 5:30

in camera

1:00

public 12:05

The Committee met for a total of20 hrs 30 mins

125

Dangers of Radioactive Waste

Method of appointment Pursuant to resolution agreed to by the Senate on 9 March 1995. (Note that this committee was re-appointed as the Select Committee on Uranium Mining and Milling on 2 May 1996. See further the entry on the Uranium Mining and Milling committee).

Members

Senator Grant Chapman (SA, LP), Chair Senator Bryant Burns (Qld, ALP), Deputy Chair Senator Robert Bell (Tas, AD) Senator Alan Ferguson (SA, LP) Senator Michael Forshaw (NSW, ALP) Senator Dee Margetts (WA, GW A) Senator Julian McGauran (Vic, NPA)

Former members

Senator John Coulter (SA, AD) Senator Dominic Foreman (SA, ALP)

Information

Cheryl Scarlett Mr Geoff Dawson

Public hearings

Former Secretary

No public hearings were held during the period under review.

Reports tabled 30 April /996 to 30 June 1996

Date of appointment 23.03.95 23.03.95 21.11.95

23 .03 .95 18.09.95 23.03.95 23.03.95

Term ofappointment 23.03.95-20.11.95 23 .03.95-18.09.95

Phone (06) 2774316 277 3543

• No Time to Waste (presented to the President on 29 April 1996, tabled 30 April 1996)

Government responses tabled 30 April /996 to 31 December /996 • No Time to Waste (tabled 21 November 1996; report tabled 30 April 1996)

Government response summary • No Time to Waste The Government accepted or agreed in principle with all but one of the committee's 22 recommendations. It did not support the recommendation that maximum emission levels as

well as average monthly limits be imposed on emissions of tritium and iodine 131 from the

Australian Nuclear Science and Technology Organisation.

In response to the dissenting report by Senators Bell and Margetts, the Government indicated that the dissenting report by Senators Bell and Margetts 'exaggerates the potential hazards presented by the radioactive waste produced in Australia and takes an unduly pessimistic view of management options for this material.

127

II

References: Submissions: Pages

Meetings Public: Private In camera: In spection: Briefing: Other: Total: Hearings televised: Witnesses: Reports tabled: Hansard pages (total): Extensions: Government responses tabled:

Dangers of Radioactive Waste STATISTICAL SUMMARY

I

2

2

I

0 The Committee met for a total of II hours 32 minutes

128

Superannuation

Method of appointment Pursuant to resolution first agreed to by the Senate on 5 and 20 June 1991. Resolutions of appointment varied 4 May, 25 June, 8 September and 25 November 1992. Reconstituted 13 May 1993. Resolution of appointment varied 19 May and 26 May and 22 February 1994. Re­ appointed 29 May 1996.

Current members

Senator John Watson (Tas, LP), Chair Senator Lyn Allison (VIC, AD) Senator Stephen Conroy (Vic, ALP) Senator Chris Evans (W A, ALP) Senator Alan Ferguson (SA, LP) Senator Julian McGauran (Vic, NPA)

Senator the Hon Nick Sherry (Tas, ALP)

Former member

Senator John Woodley (Qld, AD)

Secretariat

Mr Peter Hallahan MrRodAdams Ms Jade Ricza

Current inquiries

A/g Secretary Senior Research Officer (temp) Executive Assistant (temp)

Date of appointment 29.05 .96 01.07.96 29.05 .96 29.05 .96

29.05.96 29.05 .96 29.05.96

Term of appointment 29.05 .96-01 .07 .96

Phone (06) 277 3433 277 3579 277 3439

• The implications of enormous growth in superannuation fund assets in Australia (referred 27 November 1995; re-adopted 29 May 1996) • Appropriateness of current unfunded defined benefit superannuation schemes' application to judges and parliamentarians (referred 25 November 1996) • Provisions of the Retirement Savings Accounts Bill 1996 (referred 12 December 1996) • Provisions of the Retirement Savings Accounts (Consequential Amendments) Bill 1996

(referred 12 December 1996) • Provisions of the Retirement Savings Accounts Supervisory Levy Bill 1996 (referred 12 December 1996)

Public hearings • Growth in superannuation fund assets - 28 August and 5 September 1996, Canberra • Social Security (Further Budget Measures) Bill- 11 November 1996, Melbourne

Reports tabled 30April/996to 30June 1996 • Review of the Superannuation Complaints Tribunal-18th Report (presented to the President on 29 April 1996; tabled 30 April 1996)

• Reserve Bank Officers' Super Fund-19th Report (tabled 19 June 1996) • Report on revised terms of reference (tabled 20 June 1996)

129

II

• Provisions of the Social Security Legislation Amendment (Further Budget and Other Measures) Bill 1996 - Schedule 1 (20th Report) (tabled 26 November 1996) • Investment in Australia's Superannuation Savings (21 st Report)

(tabled 10 December 1996)

Report summaries • Provisions of the Social Security Legislation Amendment (Further Budget and Other Measures) Bi111996- Schedule 1 (20th Report) . As part of the budget measures to reduce Commonwealth expenditure, the Treasurer, Mr Costello, announced on 20 August 1996 that the Government would legislate to remove the means test exemption on superannuation assets and rollover funds for people aged 55 and over. The legislation to give effect to this measure is the subject of this report.

This was one of the infrequent occasions on which the committee has produced a dissenting report. As a result of the balance of the party representation amongst committee members, the non-government members produced the majority report and the government members tabled a separate report.

The majority report expressed concerns about the possible effects that premature draw-down of superannuation assets would have on individuals' ability to support themselves in retirement. There were also concerns about the effect this measure would have on the public's confidence in superannuation. The majority put forward four recommendations:

• that the threshold be increased to $250,000; • that the change only apply to those assets accumulated after 20 August 1996; • that the Government investigate the incidence of so-called rorting of the superannuation provisions; and • that the Government undertake research and modelling on the long-term impact of the

provisions.

The Government members disagreed with the majority's conclusions. Instead, they recommended that the legislation be passed without amendment, and that the Government investigate the incidence of penalties on draw-down of entitlements by those affected. The Government members agreed with the majority recommendation that the Government investigate the incidence of rorting.

• Investment in Australia's Superannuation Savings (21st Report) Superannuation fund assets have experienced enormous growth in the last decade. This inquiry examined the implications of this asset growth, in particular for availability of development capital, funding of infrastructure projects, capital needs of small and medium sized Australian enterprises and housing finance .

The committee's examination was however premised on the understanding that the primary purpose of these assets is the provision of retirement income.

The committee made four recommendations. These were that the Government review the infrastructure borrowings concessions; investigate the establishment of an independent credit

130

rating system for small and medium size enterprises; review and monitor its policies and legislation to ensure the maximising of retirement income is not unduly affected by short­ term investment considerations; and that the committee undertake a further review of superannuation and programs in three years' time.

Government responses tabled 30 April 1996 to 30 June 1996

Year in review

• Review of the Superannuation Complaints Tribunal (18th Report) (tabled 26 June 1996; report tabled 30 April 1996)

The Committee's level of inquiry related activity was lower than in previous years, pat1ially because of a significant delay in reestablishment following the March general election. Nonetheless, other activity continued at a high level. As in previous years, the Chair spoke to a range of organisations, addressing several conferences and seminars. The secretariat also received numerous inquiries from members of the public seeking information about Australia's superannuation system. While not a role sought by the committee, it is clear that

the media and the general public continue to regard the committee as a significant information resource.

Five references were carried over from the previous Parliament. One of these, an inquiry into the Reserve Bank's Superannuation Fund, was commenced by the former committee and completed by the new committee in June. Following the formal establishment of the new committee by the Senate on 29 May 1996, the committee decided to proceed only with one of the other four references carried over. That decision was reported and agreed to by the Senate on 20 June 1996.

When the Senate re-established the committee, it increased the membership from six to seven Senators. The committee is now comprised of three government senators, three from the Australian Labor party and one Australian Democrat. The Chair is a member of a Government party, but Government party members do not constitute a majority on the committee. Consequently, when contentious legislation is referred by the Senate through the

Selection of Bills Committee process, the Superannuation Committee's reports will give greater prominence to the views of non-Government party members if the non-government members agree. This was the case when the committee reported on the Social Security Legislation Amendment (Further Budget and Other Measures) Bill in November 1996. This position contrasts with that of the legislation committees of the Senate.

The committee received two new references from the Senate before the Christmas recess. The first reference was to inquire into the appropriateness of current unfunded defined benefit superannuation schemes' application to judges and parliamentarians. The second was to examine the provisions of the Government's Retirement Savings Accounts legislation.

131

3 7th

References*: 7

Submissions: 13

Pages 143

Meetings Public: 0

Private 0

In camera: 0

In spection: 0

Briefing: 0

Other: 0

Total: 0

Hearings televised: 0

Witnesses: 0

Reports tabled: +I

Hansard pages (total): 0

Extensions: 0

Government responses tabled: 0

38th #6(6) 64 476

3

16 0

19 0

33 4

203 2

Superannuation STATISTICAL SUMMARY

Total It

77 619

private

3

16

7:47

19 0

33 5

203 2

The Comm ittee met for a total of20 hrs 12 mins

'references readopted in 38th Parliament have only been counted once for th e total

public 12:25

# the number given reflects the status on the re -establishment of the committee which provided that the committee inquire into matters referred during the 3 7th Parliament. The committee reported on one of those inquiries the day before it tabled a report on revised terms of reference which recommended th e continuation of only one inquiry previously rt1jerred. The figure in brackets reflects the revised terms Q{ reference and new references

+ report presented ow if session. subsequently tabled in 38th Parliament

132

U rani urn Mining and Milling

Method of appo.intment Pursuant to resolution agreed to by the Senate on 2 May 1996. (see also above, Dangers of Radioactive Waste committee).

Members

Senator Grant Chapman (SA, LP), Chair Senator Dee Margetts (WA, GWA), Deputy Chair Senator Mark Bishop (W A, ALP) Senator Alan Ferguson (SA, LP) Senator Meg Lees (SA, AD) Senator Sandy Macdonald (NSW, NPA)

Senator the Hon Margaret Reynolds (Qld, ALP)

Former members

Senator Robert Bell (Tas, AD) Senator Tom Wheelwright (NSW, ALP)

Secretariat

Mr John Nethercote Ms Irene Wilson Ms Julie Coker-Godson Inquiries

Public hearings

Secretary Principal Research Officer (SWIM) Executive Assistant (temp)

Date of appointment 08 .05.96 08.05.96 01.07.96 08 .05.96

01.07.96 08.05.96 22.05.96

Term of appointment 08.05.96-30.06.96 22.05.96-30.06.96

Phone (06) 277 3369 277 5786 277 3486 277 3369

23 August and 8 November, Canberra; 3 and 5 September, Jabiru, NT (3 hearings); 6 September 1996, Darwin

Reports tabled No reports were tabled during the period under review.

Government responses tabled No government responses were held during the period under review.

133

II

References: Submissions: Pages Meetings

Public: Private In camera: Inspection : Briefing: Other: Total: Hearings televised : Witnesses: Reports tabled:

Hansard pages (total): Extensions: Government responses tabled:

Uranium Mining and Milling STATISTICAL SUMMARY

1 briefing

106 4:00

2224

in camera

6 1:45

10 I

2

19

*79 I

+920 I

The Comm ittee met for a total of 34 hrs 5 mins

134

public 20 :25

Victorian Casino Inquiry

Method of appointment Pursuant to resolution agreed to by the Senate on 8 May 1996.

Current members

Senator Bruce Childs (NSW, ALP), Chair Senator Eric Abetz (Tas, LP) Senator the Hon Bob Collins (NT, ALP) Senator Chris Ellison (W A, LP)

Senator the Hon Robert Ray (Vic, ALP) Senator Judith Troeth (Vic, LP) Senator John Woodley (Qld, AD)

Former member

Senator the Hon Rod Kemp (Vic, LP), Deputy Chair Senator Sid Spindler (Vic, AD)

Former substitute members

Senator Lyn Allison (VIC, AD)* Senator Alan Eggleston (W A, LP)#

*replaced Senator Wo odley # replaced Senator Ellison

Information

Mr Frank Nugent

Public hearings No public hearings were held during the period under review.

Report tabled 30 April /996 to 31 December 1996 • Compelling Evidence (tabled 5 December 1996)

Report summary • Compelling Evidence

Date of appointment 20.05.96 20.05.96 20.05 .96 20.05.96 20.05.96

15.10.96 01.07.96

Term of appointment 20.05 .96-15 .10 .96 20.05.96-30.06.96

Term of appointment 08 .07.96-10.08 .96 11.07.96-06.08.96

Phone (06) 2773131

Following controversy surrounding the tendering processes for Victoria's Crown Casino, a Senate Select Committee was established in May 1996 to inquire into the adequacy of Commonwealth legislation in relation to casino licensing; the adequacy of the Financial Transaction Reports Act 1988 in respect of transactions within casinos; whether the granting of any casino licences in Australia has affected Australia's overseas reputation; whether a full judicial inquiry, Royal Commission or other form of inquiry is required into the Victorian

Casino.

135

II

The committee was concerned that, after an invitation to Premier Kennett of Victoria to make a submission to the committee's inquiry was turned down, and other potential witnesses made reference to secrecy provisions in state legislation, it would not be able to successfully conclude its inquiry. While the committee, through its terms of appointment, was invested with the power to summon witnesses and require the production of documents, implicit limitations on these powers prompted the committee to undertake an in-depth analysis of the Issues.

The committee's report provides a detailed examination of the limitations on the powers of the Houses of Parliament and their committees to call for persons and documents. Matters covered include the Senate's constitutional power to establish inquiries and compel the giving of evidence; advice on implicit limi.tations on the powers of the Senate; legislative competence of the Commonwealth; integrity of the States; executive privilege and secrecy provisions; and enforcement of a coinmittee's orders.

Following consideration of advice on the powers to compel evidence, the committee determined that it could not satisfactorily conclude its inquiry through the process of public hearings and detern1ined not to conduct any. The committee also considered it inappropriate to compel witnesses under circumstances where certain classes of witnesses were subject to different rights. The committee recommended that a Royal Commission or full judicial inquiry should be set up to examine probity and tendering issues relating to the Victorian Crown Casino.

In a dissenting report, Australian Democrat Senator Woodley expressed concern that the committee had recommended the establishment of an inquiry to which it was unlikely that the Victorian Government would agree; and the possible effect of the committee's decision not to take evidence at public hearings from people other than members or employees of the Victorian Government on 'the ability of ordinary citizens to seek redress when injustices are perpetrated against them'.

A dissenting report by Government Senators Abetz, Ellison and Troeth supported the decision to wind up the committee. The report also supports the majority's views on the caution that should be exercised by the Senate and its committees when seeking to compel witnesses or the production of documents. However the senators rejected the majority recommendation stating that the report did 'not give any justification for such a recommendation.'

Government responses tabled No government responses were tabled during the period under review.

136

References: Submissions: Pages Meetings

Publi c: Pri vate In camera: In spection: Bri efing: Other: Total: Hearings televised: Witnesses :

Reports tabled: Hansard pages (total): Extensions: Government responses tabled:

Victorian Casino Inquiry STATISTICAL SU MMARY

10

380

13 0

13

I

0 The Committee met for a total of9 hrs 4 1 minutes

137

JOINT COMMITTEES

Joint committees fall into three categories: joint select, joint standing and joint statutory. Joint select and joint standing committees are appointed by resolutions of both the Senate and the House of Representatives, with joint standing committees being established at the beginning and for the life of each Parliament. Joint statutory committees are established by Acts of

Parliament. Comprising both senators and members, joint committees cease to exist on the di ssolution of the House of Representatives.

During the period under review, the following joint committees were active:

Joint Standing Committees

Electoral Matters*

Foreign Affairs, Defence and Trade*

Migration*

National Capital and External Territories*

Treaties*

Joint Statutory Committees

Australian Security Intelligence Organization*

Broadcasting of Parliamentary Proceedings*

Corporations and Securities

National Crime Authority

Native Title and the Aboriginal and Torres Strait Islander Land Fund

Public Accounts*

Public Works*

Th is committee is not administered by the Departme nt of the Senate. Details of its activities may be f ound in Part B Joint Co mmittees Not Administered by the Department of the Se nate.

139

Corporations and Securities

Method of appointment Pursuant to Australian Securities Commission Act 1989.

Current members

Senator Grant Chapman (SA, LP), Chair Senator the Hon Peter Cook (W A, ALP) Senator Barney Cooney (Vic, ALP) Senator the Hon Brian Gibson (Tas; LP)

Senator Andrew Murray (W A, AD) Mrs Ricky Johnston, MP (Canning, W A, LP) Mrs De-Anne Kelly, MP (Dawson, Qld, NPA) Mr Mark Latham, MP (Werriwa, NSW, ALP) The Hon Leo McLeay, MP (Watson, NSW, ALP)

The Rt Hon Ian Sinclair, MP (New England, NSW, NPA)

Former members

Senator Chris Ellison (W A, LP) Senator Sid Spindler (Vic, AD)

Secretariat

Mr James Warmenhoven Ms Diane Strong

Current inquiries

A/g Secretary Executive Assistant

No inquiries at the end of the reporting period.

Public hearings

Date of appointment 31.05.96 31.05.96 31.05.96 25.11.96

01.07.96 19.06.96 19.06.96 19.06.96 19.06.96 19.06.96

Term of appointment 31.05.96-25.11.96 31.05.96-30.06.96

Phone (06) 277 3580 277 3581

Draft Second Corporate Law Simplification Bill 1996 - 13 September, Canberra; 2 October 1996,Sydney

Reports tabled 30 Apri/1996 to 31 December /996 • Draft Second Corporate Law Simplification Bill 1996 (tabled 18 November 1996)

Report summary • Draft Second Corporate Law Simplification Billl996 The draft Second Corporate Law Simplification Bill 1996 is the second stage of the Corporations Law Simplification Program, which was established by the Commonwealth

Government in October 1993 to rewrite the Corporations Law.

The Second Corporate Law Simplification Bill 1996 seeks to amend the Corporations Law in relation to:

141

II

• company share buy-backs; • the accounting and auditing requirements imposed on proprietary companies; and • company registers.

The major provisions of the bill, and issues arising from them during the inquiry, are outlined in the report. The provisions include:

• streamlining the establishment of companies; • facilitating the use of electronic technologies to conduct meetings; • streamlining the appointment of proxies; • abolishing the par value of shares; • requiring companies to prepare a cash flow as well as a profit and loss statement and

balance sheet; • removing a number of items required for inclusion in annual returns; and • streamlining the deregistration process for defunCt companies.

The committee's recommendations recognise the changing environment in which companies operate and include recommendations aimed at developing international best practice with regards to disclosure by companies and making greater use of electronic technology.

The committee made 11 recommendations including that the information disclosed by Australian listed companies in overseas jurisdictions be required under Corporations Law to be promptly announced to Australian investors via the Australian Stock Exchange; that electronic forms of communication between companies, their members and regulatory authorities be more extensively recognised in the bill; and that members be informed of the use of any technology at their meetings and the consequences of any failure of the technology.

With respect to the proposed abolition of the par value of shares, the committee recommended that the Government consider ·carefully the adequacy of the transitional period and the implications for taxation. The committee also requested that it have the opportunity to examine the issue again following the bill's introduction into Parliament. The committee also recommended that the criteria to be included in the Draft Class Order covering audit relief for large proprietary companies be reviewed by the Australian Securities Commission.

Government responses tabled 30 Apri//996 to 31 December 1996 • Derivatives (tabled 12 September 1996, report tabled 20 November 1995)

• Report on annual reports of the Australian Securities Commission and other bodies 1993-94 (tabled 12 September 1996; report tabled 23 October 1995)

Government response summaries • Derivatives The Government supported the committee's recommendation that a synopsis of the types and volumes of derivatives being traded in Australia and recent regulatory developments be included in the Australian Securities Commission annual reports.

142

• Report on annual reports of the Australian Securities Commission and other bodies 1993-94 The Government advised that proposed amendments to s. 123 of the Australian Securities Commission Act 1989 which address the committee's first recommendation, namely that

statutory members and senior staff of the Australian Securities Commission be required to make a full , confidential disclosure of any arrangements with previous and future employers, were being considered by the Ministerial Council for Corporations.

With respect to the committee's second recommendation that similar requirements apply to other relevant government departments and agencies, the Government indicated that Ministers would be advised that officeholders and officials should include information on future employment or business arrangements which may give rise to conflicts of interest.

Year in review Following the election, the Committee was reconstituted for the 38th Parliament in June 1996. During the remainder of the year, the Committee maintained its close involvement with the Corporations Law Simplification Project.

In June, the Committee was asked by the Parliamentary Secretary to the Treasurer to inquire into the revised Exposure Draft of the Second Corporate Law Simplification Bill. After calling for submissions, the Committee received a briefing on the proposed legislation from the Simplification Task Force in September, and held hearings in Canberra and Sydney during September and October. The Committee's report, containing a number of significant

recommendations, was tabled in both Houses on 18 November.

During the year, the Committee also carried out its statutory monitoring duties. These were pursued primarily through continuing correspondence with the Australian Securities Commission and various other groups.

143

References· : Submissions: Pages Meetings

Publi c: Priv ate: In ca mera: Inspecti on: Briefin g: Oth er: Total: Hearings televised: Witnesses: Reports tabled: Hansard pages (total): Extensions: Government responses tabled:

does not include statutory rep orting role

Corporations and Securities STA TJSTICAL SUMMARY

I

26

273

2

5

2

9

25 1

131

2

144

briefing 2:45

The Committee met for a total of 13 hrs 48 min s

National Crime Authority

Method of appointment Pursuant to National Crime Authority Act 1984.

Current members

Mr John Bradford, MP (McPherson, Qld, LP), Chair Mr Bob Sercombe, MP (Maribymong, Vic, ALP), Deputy Chair Senator Stephen Conroy (Vic, ALP) Senator Brenda Gibbs (Qld, ALP)

Senator Ian Macdonald (Qld, LP) Senator Julian McGauran (Vic, NPA) Mr Paul Filing, MP (Moore, W A, Ind) Senator Natasha Stott Despoja (SA, AD)

Mr Warren Truss, MP (Wide Bay, Qld, NPA) Mrs Andrea West, MP (Bowman, Qld, LP)

Former member

Senator the Hon Nick Bolkus (SA, ALP) Senator Sid Spindler (Vic, AD)

Secretariat

Mr Michael McLean A/g Secretary

Public hearings

Date of appointment 30.05.96 30.05.96 31.05.96 06.11.96 31.05.96 31.05.96

30.05 .96 01.07.96 30.05.96 30.05.96

Term of appointment 31 .05 . 96-06.11.96 31.05.96-30.06.96

Phone (06) 277 3565

16 September and 5 December 1996, Canberra; 21 and 22 October 1996, Melbourne

Reports tabled 30 April /996 to 31 December /996 • Examination of the Annual Report for 1994-95 of the National Crime Authority (tabled 2 December 1996)

Report summary • Examination of the Annual Report for 1994-95 of the National Crime Authority The report described the committee's examination of the accuracy of a statement contained in the NCA's annual report after the Parliament's attention was drawn to the matter in September

1996. The committee found that the statement in question was incorrect but that it was a case of loose terminology having been used rather than a false representation.

Government response tabled 30 April /996 to 31 December /996 • Organised criminal paedophile activity (presented to the President on 14 December 1996; report tabled 20 November 1995)

145

Government response summary The Government was generally supportive of all of the committee's recommendations, which had sought to improve the capacity of law enforcement to pursue the perpetrators of organised paedophile activity. In particular, the Government supported the Committee's call for enhanced cooperation and information-sharing between appropriate law enforcement agencies both within Australia and overseas. The Government also indicated that it had amended the Mutual Assistance in Criminal Matters Act 1987 to facilitate greater cooperation with countries in the region in relation to the investigation and prosecution of child sex offences.

Year in review Following its re-establishment after the election, the committee sought to carry out its statutory duties through regular meetings and correspondence with the National Crime Authority.

146

References· : Submissions: Pages

Meetings Public: Private: In camera: Inspection: Bri efing: Other: Total: Hearings televised : Witnesses:

Reports tabled: Hansard pages (total): Extensions: Government responses tabled:

does not include statutory reporting role

National Crime Authority STATISTICAL SUMMARY

3

64

4

13 3

I

2 1

15 I

2 13 0

briefing 3:04

in camera

3: 19

The Com mittee met for a total of28 hrs 47 mins

147

Native Title and the Aboriginal and Torres Strait Islander Land Fund

Method of appointment Pursuant to Native Title Act 1993.

Current members

Senator Eric Abetz (Tas, LP), Chair Senator the Hon Margaret Reynolds (Qid, ALP), Deputy Chair Senator Chris Ellison (W A, LP) Senator Chris Evans (W A, ALP) Senator Cheryl Kernot (Qld, AD) The Hon Ian Causley, MP (Page, NSW, NPA) The Hon Nicholas Dondas AM, MP (Northern Territory, CLP) Mr Warren Entsch, MP (Leichhardt, Qld, LP)

Mr Daryl Melham, MP (Banks, NSW, ALP) Mr Harry Quick, MP (Franklin, Tas, ALP)

Former member

Senator Christabel Chamarette (WA, GWA)

Secretariat

Mr Peter Grundy Mr Simon Taylor Ms Libby Bunyan Ms Joanne Mills

Current inquiries

Secretary Principal Research Officer Principal Research Officer (sec) Executive Assistant (temp)

Date of appointment 31.05.96 31.05 .96 31.05.96 31.05.96 01.07.96 30.05.96 30.05.96 30.05.96

23.05.96 23.05.96

Term of appointment 31.05.96-30.06.96

Phone (06) 277 3598 277 3582 277 3187 2773419

Matters pursuant to s.206(a) (b) (c) (d) and (e) of the Native Title Act 1993 including-• the proposed changes to the Native Title Act 1993 as outlined in the Government's discussion paper of May 1996 'Towards a more workable Native Title Act' (referred 20 June 1996); and • the proposed changes to the Native Title Act 1993 contained in the Native Title

Amendment Bill 1996 (referred 27 June 1996) • Amendments to the Native Title Amendment Bill . 1996 which are contained in the exposure draft presented to the House of Representatives on 17 October 1996 (referred 17 October 1996)

Public hearings • Review ofNNTT annual report - 24 June 1996, Canberra • Statutory reporting role - 26 August, Brisbane; 27 August, Cairns; 28 August, Darwin; 29 August, Kununurra, W A (x2) ; 30 August, Broome; 31 August, Perth; 30 September, Alice

Springs (x2); 1 October, Adelaide (x3); 2 October, Melbourne; 3 October, Launceston; 4 October, Sydney; 14, 17 and 28 October and 27 November 1996, Canberra

149

Reports tabled 30 April /996-3/ December /996 • Fourth Report: National Native Title Tribunal Annual Report 1994-95 (presented to the President on 8 July 1996, tabled 21 August 1996)

• Fifth Report: Annual Reports for 1995-96 prepared pursuant to part 4A of the Aboriginal and Torres Strait Islander Commission Act 1989 (presented to the President on 8 July 1996, tabled 21 August 1996) • Sixth Report: The Native Title Amendment Bill 1996 and Supplement

to the Report - Responses to Adverse Mentions Pursuant to Resolution of the Senate (tabled 18 November 1996) • Seventh Report: Native Title Amendment Bill 1996 and the Racial Discrimination Act (tabled 12 December 1996)

Report summaries • Fourth Report: National Native Title Tribunal Annual Report 1994-95 One of the Joint Committee's statutory responsibilities is to examine and report on annual reports to Parliament prepared by the President of the National Native Title Tribunal (NNTT). The NNTT was established to receive applications for claims of the existence and the non­ existence of native title, and applications for compensation. The Tribunal makes determinations in undisputed cases, and facilitates mediation conferences where applications are opposed. When determinations cannot be made, the applications are referred to the Federal Court. The 1994-95 report is the Tribunal's second annual report.

The committee examined the report in the light of the High Court's Brandy decision, in which the Court held that a statutory device for the registration and enforcement of determinations of a non-court with the Federal Court is unconstitutional.

The committee's report discusses the role of the Tribunal as a decisionmaker and as a mediator, and the potential for conflict between the roles. The committee recommended that the Tribunal's conflict of interest policy be revised so that it is consistent with its mission statement; and that the Native Title Act be amended to remove the Tribunal's determinative functions in relation to acceptance of applications, decisions on who can be party to an application, and decisions on whether or not to make determinations.

The committee also examined the report for compliance and presentation and recommended that the appendixes entitled 'Details of Applications in Mediation' and 'Timeline.Document', should be circulated to interested parties.

• Fifth Report: Annual Reports for 1995-96 prepared pursuant to part 4A of the Aboriginal and Torres Strait Islander Commission Act 1989 Two annual reports, namely Appendix 14 of the A TSIC Annual Report and the Indigenous Land Corporations 1994-95 Annual Report, were considered by the joint committee pursuant to the Land Fund and Indigenous Land Corporation (ATSIC Amendment) Act 1995.

The committee's report examines the operation of the Aboriginal and Torres Strait Islander Land Fund; whether the annual reports of the two organisations have complied with relevant legislative requirements; and whether the Indigenous Land Corporation's annual report

150

complied with the Guidelines for the Content, Preparation and Presentation of Annual Reports by Statutory Authorities.

The committee made two recommendations: that a single coordinated annual report on the administration of the Land Fund for the 1995-96 financial year be requested by the Minister, and that the Land Corporation and ATSIC coordinate their reporting on the Land Fund to ensure that it is consistent, complete and accurate.

• Sixth Report: The Native Title Amendment Bill 1996 and Supplement to the Report -Responses to Adverse Mentions Pursuant to Resolution of the Senate After two years of operation, a number of amendments to the Native Title Act 1993 were considered necessary. After its election in March 1996, the Coalition Government presented a discussion paper entitled 'Towards a more workable Native Title Act', which was followed by the introduction of the Native Title Amendment Bill 1996 into Parliament and the tabling of further Exposure Draft amendments. The bill and the Exposure Draft were referred to the

committee on 27 June and 17 October 1996 respectively.

The Native Title Amendment Bill 1996 is in a number of respects the same as the 1995 amendment bill, introduced by the previous government, which lapsed with the prorogation of Parliament prior to the 1996 general election. One major objective of the bill is to overcome problems associated with the High Court's Brandy decision by providing for native

title claims to be registered with the Federal Court.

The committee's report examines a number of aspects of the Native Title Act, how they have operated and the effect of the proposed amendments. It covers the principle of extinguishment; pastoral leases; lodgement and registration of native title and compensation applications; and mediation. The report includes as an appendix a comprehensive schedule providing a comparison between the 1996 and 1995 amendment bills and the 1993 Native Title Act.

The majority report makes six recommendations including that the bill and the Exposure Draft proposals be referred back to the committee for further consideration; that the term 'prima facie' be replaced with 'reasonably arguable' in the proposed amendment s.190A(7); the addition to s.lll of a clause preventing the appointment of native title consultants to the Tribunal; and that the provisions relating to permissible pastoral lease renewal not be considered by the Senate until the High Court hands down its decision in relation to the Wik

matter.

A joint Opposition/Australian Democrat minority report accepted the majority recommendations relating to the Brandy decision but expressed concern that other proposed amendments 'appear to depreciate native title rights or make access to the mediation process difficult' , presenting 16 alternative recommendations, including that amendments to the Act should not be inconsistent with the Racial Discrimination Act and should not preempt the

common law on native title extinguishment.

A supplement to the sixth report was also presented incorporating responses to adverse mentions during public hearings conducted by the committee.

151

• Seventh Report: Native Title Amendment Bill 1996 and the Racial Discrimination Act The Parliamentary Joint Committee on Native Title and the Aboriginal and Torres Strait Islander Land Fund, in its sixth report, recommended that the Senate refer back to the committee the bill and amendment proposals for consideration.

The focus of the committee's examination on · this occasion was whether the proposed amendments were consistent with the Racial Discrimination Act (RDA) and what rights under the Native Title Act are modified or extinguished by the proposed amendments.

Issues examined included the question of 'formal' and 'substantive' equality; benign discrimination; the right to negotiate as a native title right; and the relationship between the RDA, the Native Title Act and the International Convention on the Elimination of All Forms of Racial Discrimination.

The majority report concluded that amendments supported by the committee in its sixth report were consistent with the Racial Discrimination Act.

Opposition and Australian Democrat senators, in a minority report, disagreed with the majority conclusion and reiterated their call for the inclusion of a clause which would give primacy to the Racial Discrimination Act.

Government response tabled 30 April 1996 to 31 December 1996 • National Native Title Tribunal Annual Report 1994-95 (presented to the President on 14 December 1996; report tabled 21 August 1996)

Government response summary In its response the Government indicated that recommendations one and three were matters for the consideration of the Tribunal. In relation to the committee's second recommendation that the Tribunal no longer have determinative functions in relation to the acceptance of applications, decisions as to who can or cannot be a party and decisions to make or not make determinations, the Government noted that amendments to the Native Title Act (NT A) , which are contained in the Native Title Amendment Bill 1996, would provide for all applications for determinations of native title and compensation under the NT A to be made to the Federal Court.

!52

i,•

References" : Submissions: Pages Meetings

Public: Private: In camera: In spection: Briefing: Other:

Total:

Hearings televised : Witnesses: Reports tabled:

Native Title and the Aboriginal and Torres Strait Islander Land Fund STATISTICAL SUMMARY

3

56

1328

20 21 0

I

private 6:29

Hansard pages (total):

42 6

195 4

2396 0 Extensions: Government responses tabled : The Committee met for a total of 83 hrs 16 mins

includes the statut01y function pursuant to s.206 of the Native Title Act 1993 as amended

153

public 75:02

OTHER SENATE COMMITTEES

155

LEGISLATIVE SCRUTINY COMMITTEES

There are currently two legislative scrutiny committees established under Senate Standing Orders. Both committees are appointed at the beginning and for the life of each Parliament. The committees are primarily concerned with civil liberty and natural justice issues when scrutinising bills and delegated legislation.

The two legislative scrutiny committees are:

Regulations and Ordinances

Scrutiny of Bills

156

Regulations and Ordinances

Appointment . Pursuant to Senate Standing Order 23.

Members (37th Parliament) Senator Colston (Chair), Senator O'Chee (Deputy Chair), Senators Abetz, 1. Collins, Minchin and Wheelwright

Current members Senator O'Chee (Chair), Senator Colston (Deputy Chair), Senators Carr, Mackay, Patterson and Tierney

Secretary

Mr David Creed

Principles of the committee

Phone (06) 277 3066

The committee scrutinises delegated legislation to ensure: (a) that it is in accordance with the statute;

Fax (06) 277 5838

(b) that it does not trespass unduly on personal rights and liberties; (c) that it does not unduly make the rights and liberties of citizens dependent upon administrative decisions which are not subject to review of their merits by a judicial or other independent tribunal; and

(d) that it does not contain matter more appropriate for parliamentary enactment.

Reports presented I January / 996 to 31 December 1996

• 103rd report - Scrutiny by the Committee of the Export Inspection and Meat Charges Collection Regulations (tabled 25 June 1996)

Meetings Private: 10

Public: 0

In camera: 0

Inspections: 0

Briefings: 0

Other: 0

Total: 10

157

II

Scrutiny of Bills

Appointment Pursuant to Senate Standing Order 24.

Current members Senator Cooney (Chair), Senator Crane (Deputy Chair), Senators Ferris, Forshaw, Macdonald and Murray

Secretary

Mr Peter Crawford

Principles of the committee

Phone (06) 277 3050

Fax (06) 277 5838

The committee scrutinises clauses of bills and acts of Parliament and reports to the Senate whether such bills or acts, by express words or otherwise: (a) trespass unduly on personal rights and liberties; (b) make rights, liberties or obligations unduly dependent upon insufficiently defined

administrative powers; (c) make rights, liberties or obligations unduly dependent upon non-reviewable decisions; (d) inappropriately delegate legislative powers; or (e) insufficiently subject the exercise oflegislative power to parliamentary scrutiny.

Alert Digests tabled I Jam1my 1996 to 31 December 1996 • No . 1 of 1996 (tabled 22 May 1996) • No. 2 of 1996 (tabled 29 May 1996)

• No. 3 of 1996 (tabled 19 June 1996) • No. 4 of 1996 (tabled 26 June 1996) • No. 5 of 1996 (tabled 21 August 1996) • No. 6 of 1996 (tabled 11 September 1996) • No. 7 of 1996 (tabled 19 September 1996) • No. 8 of 1996 (tabled 9 October 1996) • No. 9 of 1996 (tabled 16 October 1996) • No. 10 of 1996 (tabled 30 October 1996) • No. 11 of 1996 (tabled 6 November 1996) • No. 12 of 1996 (tabled 21 November 1996) • No. 13 of 1996 (tabled 27 November 1996) • No. 14 of 1996 (tabled 4 December 1996) • No. 15 of 1996 (tabled 11 December 1996)

Reports presented I January 1996 to 31 December 1996 • No. 1 of 1996 (presented 22 May 1996) • No. 2 of 1996 (presented 29 May 1996)

• No. 3 of 1996 (presented 19 June 1996) • No. 4 of 1996 (presented 26 June 1996)

158

• No. 5 of 1996 (presented 21 August 1996) • No. 6 of 1996 (presented 11 September 1996) • No. 7 of 1996 (presented 9 October 1996) • No. 8 of 1996 (presented 16 October 1996) • No. 9 of 1996 (presented 30 October 1996)

• No. I 0 of 1996 (presented 6 November 1996) • No. 11 of 1996 (presented 27 November 1996) • No. 12 of 1996 (presented 4 December 1996) • No. 13 of 1996 (presented 11 December 1996)

Meetings Private: 18

Public: 0

In camera: 0

Inspections: 0

Briefings: 0

Other: 0

Total: 18

!59

STANDING COMMITTEES

Standing or domestic committees, currently numbering eight, are established under Senate Standing Orders. They are appointed at the beginning and for the life of each Parliament. They are primarily responsible for matters relating to the Senate's procedures and administration, although the Privileges Committee may hold public hearings in relation to its

references on alleged breaches of parliamentary privilege.

The following standing committees were active during the period under review:

Appropriations and Staffing

House

Library

Privileges

Procedure

Publications

Selections of Bills*

Senators' Interests

* Established under Sessional Orders.

161

Appropriations and Staffing

Appointment Pursuant to Senate Standing Order 19.

Members (37th Parliament) The President (Senator the Hon M Beahan) (Chair), the Leader of the Government in the Senate (Senator the HonG Evans), the Leader of the Opposition in the Senate (Senator Hill), Senators Bourne, Childs, Colston, Crichton-Browne, Denman and Harradine

Current members The President (Senator the Hon M Reid) (Chair), the Leader of the Government in the Senate (Senator the Hun R Hill), the Leader of the Opposition in the Senate (Senator the Hon J Faulkner), Senators Boswell, Bourne, Ian Macdonald, MacGibbon, Ray and Sherry

Secretary

Mr Terry Brown

Reports presented I Janumy 1996 to 31 December 1996

Ph one (06) 277 3003

• Twenty-fourth report (tabled 24 June 1996)

Fax (06) 277 5784

• Annual report for 1995-96 (tabled 22 August 1996)

Meetings Private: 3

Public: 0

In camera: 0

Inspections: 0

Briefings: 0

Other: 0

Total: 3

162

II

House

Appointment . Pursuant to Senate Standing Order 21.

Members (37th Parliament) The Deputy President (Senator Reid) (Chair), Senators Beahan, J Collins, Crichton-Browne, Minchin and Reynolds

Members (38th Parliament) The Deputy President (Senator Colston) (Chair), Senators Brownhill, Coates, Knowles, Panizza and West

Current members The Deputy President (Senator Colston) (Chair), Senators Brownhill, Knowles, Panizza and West

Secretary

Phone (06) Fax (06)

Mr Robert Alison 277 3377 277:3000

Meetings Private: 0

Public: 0

In camera: 0

Inspections: 0

Briefings: 0

Other: 0

Total: 0

163

II

Library

Appointment Pursuant to Senate Standing Order 20.

Members (37th Parliament) The President (Senator the Hon M Beahan) (Chair), Senators Deillllan, C Evans, Foreman, Gibson, Harradine and Herron

Current members The President (Senator the Hon M Reid) (Chair), Senators Boswell, Denman, Foreman, Gibson, Lundy and rambling

Secretary

Phone (06) Fax (06)

Mr JW Templeton 277 7102 277 2403

Meetings Private: 3*

Public: 0

In camera: 0

Inspections: 0

Briefings: 0

Other: 0

Total: 3*

* The committee met three times with the House of Representatives Library Committee during 1996. There was no activity by the committee in 1996 prior to the election of the 38th Parliament.

164

Privileges

Appointment Pursuant to Senate Standing Order 18.

Members (37th Parliament) Senator Teague (Chair), Senator Reynolds (Deputy Chair), Senators Childs, Coates, Ellison, McKiernan and Woods ·

Members 2 May-30 June 1996

Senator Teague (Chair), Senator Knowles (Deputy Chair), Senators Childs, Coates, Ellison, Panizza and Ray

Current members Senator Ray (Chair), Senator Knowles (Deputy Chair), Senators Childs, Coonan, Cooney, Ellison and Panizza

Secretary

Miss Anne Lynch

Phone (06) 277 3360

Fax (06) 277 3199

Current inquiries • (a) Whether threats of legal proceedings were made against persons in respect of their provision of information to Senator O'Chee in relation to matters raised in the Senate by Senator O'Chee; (b) whether a threat of legal proceedings was made against Senator

O'Chee in respect of his activities as a Senator; and (c) whether contempts were committed in respect of those matters (referred 23 August 1995 ; readopted 9 May 1996) • (b) Whether any false or misleading evidence was given to the Environment, Recreation, Communications and the Arts Legislation Committee, and, if so, whether any contempt

was committed (referred 9 September 1996)

Reports presented I January /996 to 3/ December /996

Possible unauthorised disclosure of documents or deliberations of Select Committee on the Dangers of Radioactive Waste - 60th Report (presented to the President 29 April 1996, pursuant to the order of the Senate of 23 August 1990; tabled 30 April 1996)

Possible false or misleading statements to the Senate Select Committee on Public Interest Whistleblowing - 61 st Repoit (presented to the President 29 April 1996, pursuant to the order of the Senate of 23 August 1990; tabled 30 April 1996) Committee ofPrivileges 1966-1996: History, Practice and Procedure- 62nd

Report (presented to the President 28 June 1996, pursuant to the order of the Senate of 23 August 1990; tabled 21 August 1996) Possible false or misleading evidence before Select Committee on Unresolved Whistleblower Cases- 63rd Report, tabled 5 December 1996

165

Private: Public: In camera: Inspections: Briefings: Other: Total: 13

13* 0

*2 private meetings held during the 37th Parliament.

166

Procedure

Appointment Pursuant to Senate Standing Order 17.

Members (37th Parliament) The Deputy President (Senator Reid) (Chair), the President (the Hon M Beahan), the Leader of the Government in the Senate (the Hon G Evans), the Leader of the Opposition in the Senate (Senator Hill), Senators Bourne, Charnarette, Coates, Crichton-Browne, Faulkner, Ray and Teague

Current members The Deputy President (Senator Reid) (Chair), the President (the Hon M Beahan), the Leader of the Government in the Senate (the Hon R Hill), the Leader of the Opposition in the Senate (the Hon J Faulkner), Senators Bourne, Carr, Ferguson, McGauran, Ray and Teague

Secretary

Mr Harry Evans

Current inquiries

Phone (06) 277 3350

Fax (06) 277 3199

• Times of sitting and routine of business: review of the procedures adopted in February 1994 • Application and interpretation of the third paragraph of section 53 of the Constitution (referred 29 May 1996)

Meetings Private: 0

Public: 0

In camera: 0

Inspections: 0

Briefings: 0

Other: 0

Total: 0

167

Publications

Appointment Pursuant to Senate Standing Order 22.

Members (37th Parliament) Senator McKiernan (Chair), Senators Calvert, J Collins, S Macdonald, Neal and Woods

Current members Senator S Macdonald (Chair), Senator Colston (Deputy Chair), Senators Calvert, Chapman, J Collins, McKiernan and Gibbs

Secretary

Ms Jan Chapman

Current inq uiry

Phone (06) 277 3037

Fax (06) 277 3448

• The proposed discontinuation of the Parliamentary Papers Series.

Reports presented I JanuGiy 1996 to 30 December 1996 • No. 1 (tabled 27 June 1996) • No. 2 (tabled 19 September 1996)

• No. 3 (tabled 17 October 1996) • No. 4 (tabled 7 November 1996) • No. 5 (tabled 5 December 1996)

Meetings Private:

5*

Public: 0

In camera: 0

Inspections: 1

Briefings: 0

Other: 0

Total: 6

* Meeting as ajoint committee with a similar committee of the House of Representatives

168

Selection of Bills

Appointment Pursuant to Resolution of the Senate of 5 December 1989, modified on 20 September 1990 and re-adopted on 5 May 1993.

Members (37th Parliament) The Government Whip (Senator Jones) (Chair), the Opposition Whip (Senator Panizza), the National Party of Australia Whip (Senator O'Chee), the Australian Democrats Whip (Senator Bourne), and Senators Calvert, Coates, Denman* , Foreman and Herron

• Senator Denman appointed for the period 2 7 September 1995 to 30 December /995

Current members The Government Whip (Senator Panizza) (Chair), the Opposition Whip (Senator Evans), the National Party of Australia Whip (Senator O'Chee), the Australian Democrats Whip (Senator Bourne), the Greens (W A) Whip (Senator Margetts) and Senators Calvert, Campbell, Conroy

and Foreman

Secretary

Fax (06)

Mr John Vander Wyk

Reports presented

Phone (06) 277 3020 277 3098/277 3099

I January /996 to 30 June 1996 • First report (presented 9 May 1996) • Second report (presented 23 May 1996) • Third report (presented 30 May 1996) • Fourth report (presented 20 June 1996) • Fifth report (presented 24 June 1996) • Sixth report (presented 25 June 1996)

• Seventh report (presented 27 June 1996) • Eighth report (presented 28 June 1996) • Ninth report (presented 22 August 1996) • Tenth report (presented 12 September 1996) • Eleventh report (presented 10 October 1996) • Twelfth report (presented 17 October 1996) • Thirteenth report (presented 31 October 1996)

• Fourteenth report (presented 7 November 1996) • Fifteenth rep011 (presented 21 November 1996) • Sixteenth report (presented 28 November 1996) • Seventeenth report (presented 5 December 1996) • Eighteenth report (presented 12 December 1996)

169

II

Meetings Private: 19

Public: 0

In camera: 0

Inspections: 0

Briefings: 0

Other: 0

Total: 19

170

Senators' Interests

Appointment Pursuant to Senate Standing Order 22A.

Members (37th Parliament) Senator Minchin (Chair), J Collins (Deputy Chair), Senators Abetz, Bourne, Brownhill, Colston, McKiernan and Reid

Current members Senator Denman (Chair), Senators Abetz, Allison, Bolkus, Brownhill, I Macdonald, Mackay and Sherry

Secretary

Mr Peter O'Keeffe

Phone (06)

277 3399

Fax (06)

277 3199

Reports presented I January 1996 to 31 December 1996 • Report 111996: Annual report- 1995 (tabled 26 June 1996) • Register of Senators' Interests for period 21 June - 3 October 1996 (2

volumes) (tabled 8 October 1996)

Notifications of alterations of interests I January 1996 to 31 December 1996

Meetings

• I December 1995 to 20 June 1996 (tabled 26 June 1996) • 4 October 1996 to 6 December 1996 (tabled 11 December 1996)

Private: Public: In camera: Inspection: Briefings: Other: Total:

1

1

171

II

JOINT COMMITTEES NOT ADMINISTERED BY THE DEPARTMENT OF THE SENATE

173

JOINT COMMITTEES

Joint committees fall into three categories: joint select, joint standing and joint statutory. Joint select and joint standing committees are appointed by resolutions of both the Senate and the House of Representatives, with joint standing committees being established at the beginning and for the life of each Parliament. Joint statutory committees are established by Acts of Parliament. Comprising both Senators and Members, joint committees cease to exist on the dissolution of the House of Representatives.

During the period under review, the following joint committees were active:

Joint Standing Committees

Electoral Matters

Foreign Affairs, Defence and Trade

Migration

National Capital and Extemal Territories

Treaties

Joint Statutory Committees

Australian Security Intelligence Organization

Broadcasting of Parliamentary Proceedings

Corporations and Securities*

National Crime Authority*

Native Title and the Aboriginal and Torres Strait Islander Land Fund*

Public Accounts

Public Works

This committee is administered by the Department of the Senate. Details of its activities may be found in Part A Committees Administered by the Department oft he Senate.

174

Electoral Matters

Appointment Pursuant to Resolution of the House of Representatives of 21 May 1996, amended by the Senate 29 May 1996 and agreed to by the House on 30 May 1996.

Current members Mr Michael Cobb MP (Chair), Senator Stephen Conroy (Deputy Chair), Senators Abetz, Bourne (from 1 July 1996) and Minchin and Messrs L Ferguson, MP, Griffin MP, McDougall MP and Nairn MP.

Secretary

Christopher Paterson

Current inquiries

Phone (06) 277 2319

Fax (06) 277 4774

• 1996 Federal Election and Matters Related Thereto (referred 12 June 1996) • Role of the Australian Electoral Commission in conducting industrial elections under Part IX of the Industrial Relations Act /988.

Reports presented I January 1996 to 31 December 1996

Meetings

• Electoral Redistributions (presented to Speaker and President 19 December 1995; tabled in Senate on 30 April 1996; House of Representatives on 2 May 1996)

Private: 9

Public: 7

In camera: 0

Inspection: 1

Briefings: 0

Other: 1

Total: 18

175

Foreign Affairs, Defence and Trade (Joint Standing)

Appointment Pursuant to Resolution of the House of Representatives of 21 May 1996, amended and agreed to by the Senate on 29 May 1996 and subsequently concurred with by the House of Representatives on 30 May 1996.

Current members The Rt Hon I McC Sinclair MP (Chairman), Mr Brereton MP (Deputy Chairman), Senators Bolkus, Bourne, Chapman, Childs, Harradine, Forshaw, J Macdonald, MacGibbon, Margetts, Panizza, Schacht, Short, and Mrs Gallus MP and Ms Worth MP, Messrs R Baldwin MP, Bevis MP, Bradfo rd MP, Brough MP, Dondas MP, Georgiou MP, Grace MP, Hicks MP, Hollis MP, Jones MP, Lieberman MP, Nugent MP, Price MP, Slipper MP, S F Smith MP, Taylor MP

Secretary

Mrs Joanne Towner

Phone (06) 277 4629

Fax (06) 277 2221

Reports presented 30 April 1996 to 31 December 1996 • Bosnia: Australia's Response (report presented to Presiding Officers on 25 January 1996; tabled on 30 April 1996)

• Australia's Aid Program - Proceedings of a Seminar, 31 July 1996, Canberra (tabled on 16 September 1996) • Australia's Relations with Southern Africa (tabled on 2 December 1996) • The Implications of Australia's Services Exports to Indonesia and Hong

Kong (presented to the President on 14 December 1996)

Government responses tabled 30 Apri/1996 to 16 December 1996

Meetings

• Officer Education: the Military After Next (tabled 17 June 1996; report tabled 23 October 1995) • Report on a Visit of Defence Sub-Committee to Exercise Kangaroo 95 (tabled 20 June 1996; report tabled 25 September 1995) • Human Rights and Progress Towards Democracy in Burma (tabled 21

No vember 1996; report tabled 26 October 1995);

Pri vate : 107

Public: 4

In camera: 0

Inspections/Briefings: 5 Other 3

Total: 119

176

Sub-committee contact information

Secretary

Phone (06) Fax (06)

Ms Margaret Swieringa (Foreign Affairs and Human Rights Sub-Committees) 277 4306 277 2221

Ms Jane Vincent (Defence and Trade Sub-Committees) 277 4624 277 2221

177

Migration

Appointment Pursuant to resolution of the House of Representatives of 21 May 1996, as amended by the Senate on 29 May 1996 and agreed to by the House of Representatives on 30 May 1996.

Current members Mrs Gallus MP (Chair), Senator McKiernan (Deputy Chair), Senators Stott Despoja, Tierney and Troeth, and Ms Gambaro MP, Messrs Holding MP, Kerr MP, Martin MP and Sinclair MP

Secretary

Mr Andres Lomp

Current inquiries

Phone (06) 277 4564

• Working holiday visas (adopted 13 June 1996) • Criminal deportation (referred December 1996)

Meetings Private: 8

Public: 9

In camera: 1

Inspections: 1

Briefings: 0

Other: 0

Total: 19

178

Fax (06) 277 8506

National Capital and External Territories

Appointment Pursuant to resolution of the House of Representatives of 21 May 1996, as amended by the Senate on 29 May 1996 and agreed to by the House of Representatives on 30 May 1996.

Current members Senator McGauran (Chair), the Deputy President (Senator Colston), the Deputy Speaker (Mr Nehl MP), Senators Allison, Ferguson and Lundy, and Ms Ellis MP, Mrs Johnston MP, Mr Neville MP and Dr Southcott MP

Deputy Chair vacant as at 31 December 1996 pursuant to resignation of Mr Longmore MP

Secretary

Phone (06) Fax (06)

Mr Andres Lomp 277 4564 277 8506

Meetings Private : 8

Public: 1

In camera: 0

Inspections: 0

Briefings: 0

Other: 0

Total: 9

179

Treaties

Appointment Pursuant to resolution agreed to by the House of Representatives on 21 May 1996 and agreed to by the Senate, with modifications, on 29 May 1996. Proposed Senate modifications to House resolution agreed to by the House of Representatives on 30 May 1996.

Members Mr Taylor MP (Chair), Mr McClelland MP (Deputy Chair), Senators Abetz, Bourne, Senator Barney Cooney (replaced Senator Carr), Shayne Murphy (replaced Senator Denman), Ellison, Neal and O'Chee, and Messrs Adams MP, Bartlett MP, L Ferguson MP, Hardgrave MP, A

Smith MP, Truss MP and Tuckey MP

Secretary

Mr Peter Stephens

Current inquiries

Phone (06) 277 4348

Protocols II & IV of the Inhumane Weapons Convention

Fax (06) 277 4827

Implications for Australia of the United Nations Convention to Combat Desertification

Meetings Private: 14

Public: 16

In camera: 0

Inspections: 2

Briefings : 0

Other: 0

Total: 32

180

Australian Security Intelligence Organization (ASIO)

Appointment Pursuant to Australian Security Intelligence Organization Act 1979.

Members Senator MacGibbon (Presiding Member), Senators S Macdonald, Ray, and Messrs Hicks MP, Sercombe MP, Sornlay MP and Zammit MP

Secretary

Phone (06) Fax (06)

Mr Peter Stephens 277 4348 277 4827

Meetings Private: 7

Public: 0

In camera: 0

Inspections: 0

Briefings: 0

Other: 0

Total: 7

181

Broadcasting of Parliamentary Proceedings

Appointment Pursuant to Parliamentary Proceedings Act 1946.

Current members The President (the Hon M Reid), the Speaker (the Hon R Halverson MP), Senators Knowles and West and Messrs Adams MP, R DC Evans MP, Hicks MP,Lindsay MP and Martin MP

Secretary

Phone (06) Fax (06)

Mr David Elder 277 4888 277 4202

Meetings Private: 3

Public: 1

In camera: 0

Inspections: 0

Briefings: 0

Other: 0

Total: 4

182

Public Accounts

Appointment Pursuant to Public Accounts Committee Act 1951.

Current members Mr Somlyay, (Chairman), Mr Anthony, Mr Beddall, Mr Broadbent, Mr L D T Ferguson, Mr Fitzgibbon, Mr Georgiou, Mr Griffin, Mrs Stone, Mr M A J Vaile, Senator Baume (to 1 July), Senator Crowley, Senator Gibson (ti·om 4 Nov), Senator Hogg (from 13 Dec) Senator Macdonald, (from 1 July to 2 Dec) Senator Mackay, (to 13 Dec), Senator Short (from 2 Dec)

Senator Watson, Senator Woods (to 4 Nov)

Secretary

Mr Grant Harrison

Phone (06) 277 4615

Fax (06) 277 2220

Current inquiries • Review of Auditor-General's reports presented in 1995-96 • Review of Auditor-General's reports presented in 1996-97 • Review of the Jindalee Operational Radar Network Project (JORN) • Commonwealth and State accountability arrangements for Aboriginal and Island local

government councils • Tax Law Improvement Bill 1996

Reports presented I January to 3I December I996 Report 344 - A Continuing Focus on Accountability - Review of Auditor-General's Reports 1993-94 and 1994-95 (tabled 27 June

1996) Report 345 - An Advisory Report on the Income Tax Assessment Bill 1996, the Income tax (Transitional Provisions) Bill 1996 and the Income Tax (Consequential Amendments) Bill 1996 Report 346- Guarding the Independence of the Auditor-General Report 347- Annual Report 1995-96

Finance minutes on reports presented I January to 31 December 1996 • Finance Minute on Report 337, A Focus on Accountability - Review of Auditor-General's Reports 1993-94 and 1994-95 (tabled 27 June

1996)

• Finance Minute on Report 340, Cash Matters: Cash Management in the Commonwealth (tabled 27 June 1996) • Finance Minute on Report 343 , Tax Law Improvement: A Watching Brief (tabled 27 June 1996)

183

Meetings Private: 24

Public: 10

In camera: 1

Inspections: 0

Briefings: 8

Other: 0

Total: 43

184

Public Works

Appointment Pursuant to Public Works Act 1969.

Current members Mr Andrew MP (Chair), Senators Calvert, Ferguson and Murphy and Messrs R Evans, Forrest MP, Grace MP, Hatton* MP and Hollis MP

* replaced Mr Lee on 26 June 1996

Secretary

Mr Bjarne Nordin

Current inquiries

Phone (06) 277 4565

Fax (06) 277 4426

Development of operational facilities at RAAF Base Darwin (referred 21 August 1996) Development of facilities for the Army Logistics Training Centre and the Bandiana Logistics Group at Bandiana and Bonegilla, Victoria (referred 19 September 1996) Development of buildings and services in support of the Department of Defence joint project 2043 , High Frequency Modernisation Project (referred 10 October 1996)

Development of No. 6 Squadron facilities at RAAF Base Amberley, Queensland (referred 10 October 1996) Extension to the main runway at Adelaide International Airport (referred 3 December 1996)

Reports presented 30 Apri/1996 to 31 December 1996

Meetings

• 59th General Report 1995 (tabled 11 September 1996) • Implementation of rockfall risk reduction strategies on Christams Island (tabled 10 October 1996) • CSIRO Research Imeraction Centre and biomolecular research

facilities, Black Mountain, ACT (Second report of 1996) (tabled 19 November 1996) • Development of facilities at RAAF Base Tindal , NT (Third Report of 1996) (tabled 4 December 1996) • Developments of facilities for 5 Aviation Regiment at RAAF Base

Townsville (Fourth Report of 1996) (tabled II December 1996) • Development of infrastructure on Townsville Field Training Area, Townsville (Fifth report of 1996 (tabled 11 December 1996)

Private: Public: In camera: Inspections: Briefings: Other: Total:

16 8 (includes 7 sectional committee hearings) 0

12 (includes 10 sectional committee inspections) I (sectional committee) 0

37*

185

IN THE CHAMBER

187

In the Chamber

Com mittee-Related Activity in the Chamber 1 January to 31 December 1996#

Notices of New New Ext of Leave to Reports

motion Refs* Cttees$ time meet tabled* *

Winter 28 27 2 11 3 35

Spring 42 48 0 36 14 58

Time Spent Debating Committee-Related Matters in the Chamber 1 Jan uary to 31 December 1996#

Govt resp tabled

2

17##

Topic Hours@ Number of speakers

New references* 7'h. 38

Committee reports 11 90

Government responses 3'h. 27

Debate on Committee Related Matters as a Proportion of Total Hours of Sitting 1 January to 31 December 1996 Committee

Total Sitting Hours

Hours

#Committees administered by the Senate Committee Office Leave granted to meet during sitting of the Senate

* Including proposed reference. Proposed references subsequently agreed to by the Senate as references counted once only. Includes bills referred Does not include re-adopted references from 37th Parliament. Time spent debating includes new committees. **Including reports of legislation com miltees considering estimates @ To the nearest hour $ does not include 2 select comm illees re-established in 38th Parliament ## includes 7 responses presented out of session in December 1996

188

Debate on Committee Reports/Government Responses

Report/Government response

Reports Aiports Bill 1996 and Airports (Transitional) Bill 1996 Australia China Relations

21 August 1996*

Australian Quarantine and Inspection Service

26 June 1996*

9 May 1996

Commonwealth's actions in 9 May 1996

relation to Ryker (Faulkner) v The Commonwealth and Flint 23 May 1996

Crash of RAAF Nomad aircraft 30 May 1996 AIS-401 on 12 March 1990

Eastlink: The interconnection of 2 May 1996 NSW and Queensland electricity grids with a high voltage powerline

Employment, Education and 19 September 1996* Training Amendment Bill 1996 Higher Education Funding 10 October 1996* Amendment Bill (No. 2) 1996

Higher Education Legislation 21 November 1996* Amendment Bill 1996

Importation of cooked chicken 31 October 1996* meat into Australia

+ Dates marked with an(*) are tabling dates.

189

Speakers

Senator Conroy Senator Crane Senator West Senator Jones

Senator Teague Senator Forshaw Senator Ellison

Senator Burns Senator Margetts Senator Murphy Senator Brownhill

Senator Woodley Senator Calvert

Senator McKiernan Senator Abetz

Senator Cooney Senator Margetts

Senator Woods

Senator Woodley Senator Bums Senator Ferguson

Senator Carr

Senator Patterson Senator Stott Despoja Senator Carr Senator Tierney Senator Brown Senator Stott Despoja Senator Brown Senator Margetts Senator Carr

Senator Woodley Senator McGauran Senator Neal

Senator Calvert Senator Boswell Senator Margetts Senator B Co llins Senator Crane Senator West

Report/Government response

Landcare: policies and programs in Australia (Interim report)

National well-being: a system of national citizenship indicators and benchmarks

Natural Heritage Trust of Australia Billl996 No time to waste

Outworkers in the garment industry

Proposed abolition of the Development Import Finance Facility

Reserve Bank Officers' Super Fund (19th Report)

Review of the Health Insurance Legislation (Private Health Insurance Reform) Amendment Act 1995 during the first 12 months after enactment Service delivery

Soccer: second report

Telstra:to sell or not sell?

Date•

20 June 1996

23 May 1996

10 October 1996*

30 May 1996 20 June 1996

12 December 1996*

15 October 1996*

17 October 1996 5 December 1996

19 June 1996*

19 September 1996*

I May 1996

I May 1996

9 September 1996*

12 September 1996 I 0 October 1996

The tobacco industry and the costs I May 1996 oftobacco-related illness

2 May 1996

190

Speakers

Senator Woodley

Senator Spindler Senator McKiernan Senator Cooney Senator Abetz

Senator Patterson Senator Brown Senator Chapman Senator Margetts Senator Chapman

Senator Childs Senator Ferguson Senator J Collins Senator Forshaw Senator Boswell Senator Cook Senator S Macdonald Senator Hogg

Senator Watson

Senator Knowles

Senator Bell

Senator Baume Senator Bolkus Senator Carr

Senator Schacht Senator Tierney Senator Harradine Senator Lees Senator Carr Senator Murphy Senator Knowles Senator Margetts Senator Lundy Senator West Senator Minchin Senator Herron

Senator Crane Senator Teague Senator Knowles

Report/Government response

Victorian Casino Inquiry

Workplace Relations and Other Legislation Amendment Bill 1996

Government responses CSIRO: The case for revitalisation

East link

Impact of assets tests on farming families' access to social security and Austudy: Second report­ social security National well-being

Natural Heritage Trust Bill 1996

Psychotherapeutic medication in Australia Report on annual reports of the ASC and other bodies Trick or Treaty? Commonwealth

power to make and implement treaties

5 December 1996*

22 August 1996

I 0 October 1996

1 0 October 1996*

19 September 1996*

2 December 1996* 5 December 1996 5 December 1996*

2 December 1996*

1 0 October 1996

2 May 1996*

191

Speakers

Senator Cooney Senator Childs Senator Troeth Senator Ray Senator Woodley Senator Crane

Senator J Collins Senator Ferguson Senator Margetts Senator Mackay

Senator Murray

Senator West Senator Cook

Senator Woodley Senator Brown Senator Ferguson Senator Woodley

Senator McKiernan Senator Cooney Senator Calvert Senator Schacht Senator Brown Senator Carr Senator Woods Senator West Senator Cook

Senator Kemp Senator Crane Senator Minchin Senator Abetz Senator McKiernan Senator Chamarette Senator Boswell Senator Cooney Senator O'Chee Senator Bourne Senator Ellison Senator Schacht

APPENDICES

193

APPENDIX 1

Departments and Age ncies Examined by Legislation Committees BUDGET ESTIMATES 1996-97

DEPARTMENT/AGENCY Aboriginal and Torres Strait Islander Commission Administrative Appeals Tribunal Administrative Services Affirmative Action Agency Anti-Dumping Authority AusAID Asset Services Attorney-General ' s Auscript Australia Council Australia New Zealand Food Authority Australian Archives Australian Broadcasting Authority Australian Broadcasting Corporation Australian Bureau of Statistics Australian Construction Services Australian Competition & Consumer Commission Australian Customs Service Australian Electoral Commission Australian Estate Management Australian Federal Police Australian Film Commission Au stralian Film Finance Corporation Ltd Australian Film, Television & Radio School Australian Geological Survey Organisation Australian Government Analytical Laboratories Australian Government Publishing Service Australian Hearing Services Australian Heritage Commission Australian Industrial Property Organisation Australian Industrial Register Australian Industrial Relations Commission Australian Institute of Family Studies Australian Institute of Marine Science Australian Manufacturing Council Secretariat Australian Nature Conservation Agency Australian National Maritime Museum Australian Nuclear Science and Technology

Organisation Australian Postal Corporation Australian Quarantine and Inspection Service Australian Security Intelligence Organisation Australian Securities Commission Australian Sports Commission Australian Sports Drug Agency Australian Surveying and Land Information Group Australian Taxation Office Australian Telecommunications Authority Australian Tourist Commission Australian Trade Union Training Authority Australian Transaction Reports and Analysis

Centre

COMMITTEE DATE OF HEARING

FPA 18.9.96, 22.10.96

LC 17 .9.96

FPA 30.9.96, 22. I 0.96, 7.11.96

ECO 25.9.96

ECO 25 .9.96

FDT 23 .09.96

FPA 30.9.96

LC 17.9.96; 19.9.96; 23.1 0.96(S); 19. 11 .96(S) LC 19.9.96

ERCA 19.09.96

CA 18 .09.96; 21.10.96

ERCA 25.09.96

ERCA 19.09.06; 21.10.96(S)

ERCA 26.09.96; 21.1 0.96(S)

ECO 18.9.96

FPA 30.9.96

ECO 18.9.96, 21.10.96(S)

ECO 26.9.96, 21.10.96 (S)

FPA 30.9.96

FPA 30.9.96

LC 19.9.96, 23.10.96(S)

ERCA 19.09.96

ERCA 19.09.96; 21.1 0.96(S)

ERCA 19.09.96

RRAT 20.9.96

FPA 30.9.96

FPA 30.9.96

CA 18.09.96£

ERCA 17.09.96; 21.1 0.96(S)

ECO 26.9.96

ECO 25.9.96

ECO 25 .9.96

CA 18.09.96

ECO 25 .9.96

ECO 25.9.96

ERCA 17.09.96 ; 21 .1 0.96(S)

ERCA 19.09.96; 21 .10.96 (S)

ECO 25.9.96, 21.10.96(S)

ERCA 25.09.96

RRAT 19.9.96,20.9.96

LC 19.9.96

ECO 18.9.96, 21.1 0.96(S)

ERCA 25 .09.96; 21 .10.96 (S)

ERCA 25 .09.96

FPA 30.9.96

ECO 18.9.96

ERCA 25 .09.96; 21.10.96(S)

ECO 26.9.96, 21.10.96(S)

ECO 25 .9.96

LC 17 .9.96

194

DEPARTMENT/ AGENCY Australian Trade Commission (Austrade) Australian Valuation Office Bureau of Air Safety Investigation Civi l Aviation Safet)l Authority Com care Australia Commonwealth Law Enforcement Board

Commonwealth Scientific and In dustrial Research Organisation Communications and the Arts DASFLEET

Defence Domestic Property Group Employment, Education and Training

Environment, Sport and Territories Family Court of Australia Federal Airports Corporation Federal Bureau of Consumer Affairs

Federal Court of Australia Film Australia Ltd Finance

COMMITTEE FDT FPA RRAT RRAT

ECO LC

ECO ERCA FPA FDT FPA EET

ERCA LC RRAT ECO LC ERCA FPA

APPENDIX 1

DATE OF HEARING 19 .09.96 30.9.96 17.9.96 17.9.96, 19.9.96

25.9.96

19.09.96, 23.1 0.96(S), 19.11 .96(S)

26.09.96, 21.10.96 (S) 19.09.96; 25.09.96; 21.10.96(S) 22. 10.96 17.09.96; 25 .09.96; 22.10.96(S)

30.09.96

16.09.96, 18.09.96, 23.09.96 23 .1 0.96(S), 01.11.96(S), 08.11.96(S) 17.09.96, 21.1 0.96(S) 17.09.96, 23.1 0.96(S)

17.09.96

25.09.96, 21.10.96(S) 17 .09.96, 23 . 10 .96(S) 19.09.96 23 .09.96, 22.10.96

Foreign Affairs and Trade FDT 19 .09.96; 23.09.96; 24.09.96; 22.1 0.96(S)

Great Barrier Reef Marine Park Authority Health and Family Services Health Insurance Commission High Court of Australia Human Rights and Equal Opportunity Commission Immigration and Multicultural Affairs Immigration Review Tribunal

Industrial Relations Industrial Relations Court Industry, Science and Tourism In so lvency and Trustee Service, Australia Insurance and Superannuation Commission Law Reform Commission National Capital Authority National Childcare Accreditation Council

National Competition Council National Crime Authority National Library of Australia National Museum of Australia

National Native Title Tribunal National Occupational Health & Safety Comm. National Standards Commission National Transmission Agency

Office of Film and Literature Classification Office of National Assessments Office of Parliamentary Counsel Office of the Commonwealth Ombudsman Office of the Director of Public Prosecutions Office of Government In formation Technology Office of Inspector General of Intelligence & Security Office of the Official Secretary to the

Governor-General Office of the Resource Assessment Commission Office of the Status of Women

195

ERCA 17.09.96; 21.1 0.96(S)

CA 18.09.96; 23 .09.96; 21.10.96

CA 18.09.96; 21.10.96

LC 17 .9.96

LC 17.9.96

LC 19.9.96, 25.9.96, 23. 10.96(S)

LC 19.9.96

ECO 25.9.96

LC 17 .9.96

ECO 25.9.96, 26.9.96, 21 .1 0.96(S)

LC 19.9.96, 23 .1 0.96(S)

ECO 18.9.96

LC 17.9.96

ERCA 25 .09.96; 21 .1 0.96(S)

CA 18 .09.96

ECO 18 .9.96

LC 17.9.96, 23 .10 .96(S)

ERCA 25.09.96

ERCA 25.09.96

LC 17.9.96

ECO 25.9.96

ECO 26.9.96, 21.10.96(S)

ERCA 25.09.96; 2 1.10.96(S)

LC 17 .9.96

FPA 23 .9.96

LC 19 .9.96

FPA 23.9.96

LC 17.9.96

FPA 23.9.96, 22.10.96

FPA 23.9.96

FPA 23.9.96

FPA 18.9.96

APPENDIX 1

DEPARTMENT/ AGENCY Overseas Property Group Parliament -Senate - Parliamentary Library - Parliamentary Reporting Staff - Joint House

Primary Industries and Energy Prime Minister and Cabinet Private Health Insurance Complaints Commissioner

Productivity Commission Public Service & Merit Protection Commission Refugee Review Tribunal Remuneration Tribunal Royal Australian Mint Special Broadcasting Service Spectrum Management Agency Social Security Social Security Appeals Tribunal Telstra Corporation Limited Textiles, Clothing & Footwear Dev. Authority Transport and Regional Development Treasury

Veterans' Affairs

COMMITTEE FPA

196

FPA FPA FPA FPA FPA RRAT

FPA

CA ECO FPA LC ECO ECO ERCA ERCA CA CA

ERCA ECO RRAT ECO FDT

DATE OF HEARING 30.9.96 16.9.96 16.9.96

16.9.96 16 .9.96 16.9.96

19.9.96,20.9.96

16.9.96, 18.9.96, 23.9.96

18.09.96 18.9.96 23.9.96 19.9.96 25.9.96

18.9.96

19.09.96; 21.1 0.96(S) 25.09.96

16.09.96; 24.09.96; 21.10.96 16.09.96 26.09.96; 21.10.96(S) 26.9.96

17.9.96, 19 .9.96

16.9.96, 18.9.96, 21.10.96(S) 25.09.96; 22.10.96(S)

Additional Information (AI) Tabled by Legislation Committees BUDGET ESTIMATES 1996-97

APPENDIX 2(A)

DEPARTMENT/AGENCY COMMITTEE AI VOLUME NUMBER

Aboriginal and Torres Strait Islander Commission Administrative Appeals Tribunal Administrative Services Affirmative Action Agency Anti-Dumping Authority

Asset Services Attorney-General's AusAID Auscript AUSLIG Australia Council Australian Archives Australian Broadcasting Authority Australian Broadcasting Corporation Australian Bureau of Statistics Australian Competition and Consumer Commission

Australian Customs Service Australian Electoral Commission Australian Federal Police

Australian Film Commission Australian Film , Television & Radio School Australian Fisheries Management Authority Australian Government Publishing Service

Australian Hearing Services Australian Heritage Commission Australian Industrial Property Organisation Australian Industrial Register Australian Industrial Relations Commission Australian Institute of Family Studies Australian Institute of Health and Welfare

Australian Institute of Marine Science Australian Manufacturing Council Secretariat Australian Nature Conservation Agency Australian Nuclear Science and Technology

Organisation Australian Postal Corporation Australian Quarantine and Inspection Service Australian Securities Commission Australian Sports Commission Australian Sports Drug Agency

Australian Taxation Office Australian Telecommunications Authority Australian Tourist Commission Australian Trade Commission (Austrade) Australian Valuation Office COM CAR Com care Australia

Commonwealth Scientific and Industrial Research Organisation Communications and the Arts DASFLEET

Defence

197

FPA LC FPA ECO ECO

FPA LC FDT LC FPA ERCA

ERCA ERCA ERCA ECO ECO ECO FPA LC ERCA ERCA RRAT FPA CA ERCA ECO ECO ECO CA CA

ECO ECO ERCA

ECO ERCA RRAT ECO ERCA ERCA ECO ERCA ECO FDT

FPA FPA ECO

ECO ERCA FPA FDT

2, 3,6 2

5, 6

4

3

5

I, 2, 4

I, 5

2

5

4, 7

4

5, 7 4, 7

6

6, 8

3, 7 5

2, 4 4

5

5

7

2, 8

2

4

4

5

2

3

3

2, 8

3, 7 6

4

6, 8

2,8 2

6, 8

6

3

5

I

4

3, 7

3, 7

5

2,4

APPENDIX 2 (A)

DEPARTMENT/ AGENCY Employment, Education, Training and Youth Affairs Environment, Sport and Territories Family Court of Australia Federal Bureau of Consumer Affairs Federal Court of Australia Finance Foreign Affairs and Trade Great Barrier Reef Marine Park Authority Health and Family Services Health Insurance Commission Human Rights and Equal Opportunity Commission Immigration and Multicultural Affairs

Immigration Review Tribunal Industrial Relations Industrial Relations Court Industry, Science and Tourism Inspector General of Intelligence and Security Insolvency and Trustee Service, Australia Insurance and Superannuation Commission National Capital Authority National Childcare Accreditation Council National Crime Authority National Food Authority National Library of Australia National Museum of Australia National Native Title Tribunal National Occupational Health & Safety Commission National Science and Technology Centre National Standards Commission National Transmission Agency Office of Film and Literature Classification Office of National Assessments Office of the Commonwealth Ombudsman Office of the Director of Public

Prosecutions Office of Government Information Technology Office of th e Status of Women Parliament -Senate - Parliamentary Library - Joint House

Primary Industries and Energy Prime Minister and Cabinet Private Health Insurance Complaints Commissioner Productivity Commission Public Service & Merit Protection Commission Refugee Review Tribunal Royal Australian Mint Special Broadcasting Service Social Security Telstra Corporation Limited Textiles, Clothing & Footwear Dev. Authority Transport and Regional Development Treasury

Veterans' Affairs

COMMITTEE EET ERCA LC ECO LC FPA FDT ERCA CA CA

LC LC LC ECO LC ECO FPA LC ECO ERCA CA

LC CA ERCA ERCA LC ECO ERCA ECO ERCA LC

FPA FPA

LC FPA FPA FPA

RRAT FPA

CA ECO FPA LC ECO ERCA CA

ERCA ECO RRAT ECO FDT

198

AI VOLUME NUMBER 1-5 I, 8

1, 4 2, 7

1, 4 4, 6

I, 5

2, 8

I, 2, 3, 4, 5, 6, 7

I, 2, 3, 4

I

3,5 3

4

2

I, 2, 7

I

4

6, 8

2, 8 5

2

3

4

4

5

4

4

3, 7 3, 7

I

5

6

I, 2, 3, 4, 8

I

4

6

I

3

6

7,5

8, 9, 10 7,6 3

5, 6, 7, 8 5, 8

3, 4

APPENDIX 2(B)

Additional Information Tabled by Legislation Committees BUDGET ESTIMATES 1996-97 PORTFOLIO SUMMARY

COMMITTEE VOLUME/DATE TABLED PORTFOLIOS

Community Affiars

Economics

l/1 1.12.96 2/11.12.96 3/ 11.23.96 4/ 11.12.96

5/ 11.12.96 6111.12.96 7/ 11.12.96 8111.12.96 9111.12.96

I 0/ 11.12.96

1/ 18.11.96 2/ 18 .11.96 3/ 18.11.96 4/ 18 . 11.96 5/ 18.11.96 6/18.11.96

Employment, Education and Training 1/31.10.96 2/31.10.96 3/31.10.96 4111.12.96

Environment, Recreation, 1/ 18.11.96

Communications & the Arts 2118.11 .96

Foreign Affairs, Defence & Trade

Finance and Public Administration

Legal and Constitutional

3/ 19.11.96 4/ 19.11.96 5/ 19 .1 1.96 6/ 19.1 1.96

7119 .1 1.96 8/05.12.96

1/24.08.95 2/24.08.95 3/24.08.95

1/5.1 2 .96

2/ 11.12.96 311 1.12.96

4/ 11.12.96 5/ 11.12.96 6/ 11.12.96

1118.11.96 2/ 18.11.96 3/ 18.11.96 4111.12.96 5111.12 96

199

Health and Family Services Health and Family Services Health and Family Services Health and Family Services Health and Family Services

Health and Family Services Health and Family Services Social Security Social Security

Social Security

Industry, Science and Tourism Industry, Science and Tourism Industry, Science and Tourism Industrial Relations

Treasury Treasury

Employment, Education and Training Employment, Education and Training Employment, Education and Training Employment, Education and Training

Environment, Sport & Territories Environment Sport & Territories Communications and the Arts Communications and the Arts

Communications and the Arts Communications and the Arts Communications and the Arts Environment, Sport & Territories

Foreign Affairs and Trade Defence only

Defence (Veterans' Affairs on ly)

Parli ament Prime Minister

Prime Minister (A TSIC) Prime Minister( A TSIC) Finance Finance (Administrative Services)

Prime Mini ster (ATSIC) Finance (Administrative Services)

Attorney-General's Attorney-General's

Immigration and Multicultural Affairs Attorney-General's Immigration and Mu lt icultural Affairs

APPENDIX 2 (B)

COMMITTEE

Rural and Regional Affairs & Transport

VOLUME/DATE TABLED PORTFOLIOS

1/28.11.96 2/28.11.96 3/28.11 .96 4/28.11.96 5/28.11.96 6/28.11 .96 7/4.12.96 8/ 11.12.96

200

Primary Industries and Energy Primary Industries and Energy Primary Industries and Energy Primary Industries and Energy Transport and Regional Development Transport and Regional Development

Primary Industries and Energy Primary Industries and Energy Transport and Regional Development

APPENDIX 3

Bills Referred to Senate Committees 1 January 1996- 31 December 1996 (47)

Title

Aboriginal and Torres Strait Islander Commission Amendment Bill I 996 Airports (Transitional) Bill 1996 Airports Bill 1996 Australian Communications Authority Bill I 996

Bankruptcy Legislation Amendment Bill I 996 Bounty Legislation Amendment Bill 1996 Child Care Legislation Amendment Bill 1996 Commonwealth Services Delivery Agency Bill 1996

Employment, Education and Training Amendment Bill 1996 Euthanasia Laws Bill 1996 Export Market Development Grants Amendment Bill (No. I) 1996 Health Insurance Amendment Bill (No. 2) 1996 Higher Education Funding Amendment Bill (No.2) 1996 Higher Education Legislation Amendment Bill 1996

Hindmarsh Island Bridge Bill 1996 Immigration (Education) Charge Amendment Bill 1996 Industry Research and Development Amendment Bill 1996 Migration Legislation Amendment Bill (No. 2) 1996 Migration Legislation Amendment Bill (No.3) 1996 National Health (Budget Measures) Amendment Bill 1996 Native Title Amendment Bill 1996 Natural Heritage Trust of Australia Bill 1996 Ombudsman Amendment Bill 1996

Primary Industries and Energy Legislation Amendment Bill (No. I) 1996 Radiocommunications (Receiver Licence Tax) Amendment Bill 1996 Radiocommunications (Transmitter Licence Tax) Amendment Bill 1996 Radiocommunications Amendment Bill 1996 Retirement Savings Accounts (Consequential Amendments) Bill 1996 Retirement Savings Accounts Bill 1996 Retirement Savings Accounts Supervisory Levy Bill 1996 Shipping Grants Legislation Bill 1996 Social Security Legislation Amendment (Budget and Other Measures) Bill 1996 Social Security Legislation Amendment (Further Budget and Other Measures)

Bill 1996- Schedule 2 Social Security Legislation Amendment (Further Budget and Other Measures) Bill 1996 - Schedule I Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods

and Other Measures) Bill 1996 States Grants (Primary and Secondary Education Assistance) Bill 1996 Taxation Laws Amendment Bill (No. I) 1996 · Taxation Laws Amendment Bill (No. 3) 1996 Telecommunications (Carrier Licence Charges) Bill 1996 Telecommunications (Carrier Licence Fees) Termination Bill 1996 Telecommunications (Numbering Charges) Bill 1996 Telecommunications (Transitional Provisions and Consequential Amendments) Bill 1996 Telecommunications (Universal Service Levy) Bill 1996

Telecommunications Bill 1996 Telstra (Dilution of Public Ownership) Bill 1996 Trade Practices Amendment (Telecommunications) Bill 1996

1

Subsequently de-referred

Committee

FPA (L) RRAT (L) RRAT(L) ERCA (L)

LC (L) ECO (L) CA (L) CA (L)

EET (L) LC (L) FDT (L) CA (L)

EET (L) EET (L) LC (L) LC (L)

1

ECO (L) LC (L) LC (L) CA (L)

NT 2

ERCA (L) FPA (L) RRAT(L) ERCA (L) ERCA (L) ERCA (L)

SUP SUP SUP

RRAT(L) CA (L)

CA (L)

SUP

LC (L) EET(L) ECO (L) ECO (L) ERCA (L) ERCA (L) ERCA (L) ERCA (L) ERCA (L) ERCA (L) ERCA (R)

ERCA (L)

2

Bill referred along with other proposed changes to the Native Title Act 1993 for a second time on 19 November 1996

201

APPENDIX 3

Title

Workplace Relations and Other Legislation Amendment Bill 1996 Workplace Relations and Other Legislation Amendment Bill (No.2) 1996

202

Committee

ECO (R) ECO (L)

APPENDIX4

Reports Tabled by Committees Administered by the Senate Committee Office I JANUARY 1996-31 DECEMBER 1996 (90)

Title/date tabled Committee

Aboriginal and Torres Strait Islander Commission Amendment Billl996 (tabled 25 June 1996) Airports Bill 1996 and Airports (Transitional) Bill 1996 (tabled 21 August 1996) Australia China Relations (tabled 26 June 1996) Australian Quarantine and Inspection Service (presented 29 April 1996, tabled 30 April 1996)

Bankruptcy Legislation Amendment Bill 1996 (tabled 9 September 1996) Bounty Legislation Amendment Bill 1996 (tabled 28 November 1996) Chi ld Care Legislation Amendment Bill 1996 (tabled 26 November 1996) Childhood Matters- Report on the Inquiry into Early Childhood Education (tabled

21 August 1996) Classification (Publications, Films and Computer Games) Regulations: Statutory Rules 1995 No. 401 (tabled 21 August 1996) Compelling evidence (tabled 5 December 1996)

Crash of RAAF Nomad aircraft A 18-40 I on 12 March 1990 (presented 29 April 1996, tabled 30 April 1996) Development of Australia's Air Links with Latin America (tabled 21 August 1996) Draft Second Corporate Law Simplification Bill 1996 (tabled 18 November 1996) Eastlink: the interconnection ofNSW and Queensland electricity grids with high

voltage powerline (presented 18 December 1995, tabled 30 April 1996)*

FPA(L) RRAT(R) FDT (R) RRAT(L)

LC (L) ECO (L) CA (L)

EET (R)

cs VCJ

FDT (R) FDT (R) C&S

Education and training in correctional facilities (presented 26 April 1996, tabled 30 April 1996) Employment, Education and Training Amendment Bill 1996 (tabled 19 September 1996) Estimates Report, October 1996 (tabled l 0 October 1996) .

ECO (R) EET (R) EET(L) FPA (L)

Estimates Report, October 1996 (tabled 9 October 1996) Estimates Report, October 1996 (tabled 9 October 1996) Estimates Report, October 1996 (tabled 9 October 1996) Estimates Report, October 1996 (tabled 9 October 1996) Estimates Report, October 1996 (tabled 9 October 1996) Estimates Report, October 1996 (tabled 9 October 1996)

Estimates Report, October 1996 (tabled 9 October 1996) Examination of Annual Reports- No. I of 1996 (tabled 21 August 1996) Examination of annual reports- No.2 of 1996 (tabled 18 September 1996) Examination of annual reports- No.2 of 1996 (tabled 18 September 1996) Examination of annual reports No. I of 1996 (tabled 27 May 1996) Examination of annual reports tabled January 1996 - June 1996 (tabled 18 August 1996) Exam in at ion of the annual report for 1994-95 of the National Crime Authority

(tabled 2 December 1996) Export Market Development Grants Amendment Bill (No. I) 1996 (tabled 17 June 1996) Fifth Report: Annual Reports for 1994-95, prepared pursuant to Part 4A of the Aboriginal and Torres Strait Islander Commission Act 1989 (tabled 2 1 August 1996)

Fourth Report: National Native Title Tribunal Annual Report 1994-95 (tabled 21 August 1996) Health Insurance Amendment Bill (No.2) 1996 (tabled 26 November 1996) Higher Education Funding Amendment Bill (No.2) 1996 (tabled I 0 October 1996) Higher Education Legislation Amendment Bill 1996 (tabled 21 November 1996) Hindmarsh Island Bridge Bill 1996 (tabled 5 December 1996) Importation of cooked chicken meat into Australia (tabled 31 October 1996) Industry Research and Development Amendment Bill 1996 (tabled 31 October 1996) Inquiry into the abolition of the Development Import Finance Facility (tabled

15 October 1996) Inquiry into the Commonwealth's actions in relation to Ryker (Faulkner) v The Commonwealth and Flint (presented 29 April 1996, tabled 30 April I 996) Investment of Australia's Superannuation Savings (21st report) (tabled I 0 December 1996)

203

CA (L) ECO (L) EET(L) ERCA (L)

FDT (L) LC (L) RRAT(L) FDT (L)

LC (L) ECO (L) RRAT(L) FPA (L)

NCA

FDT (L)

NT

NT

CA (L) EET (L) EET (L) LC (L) RRAT(L)

ECO (L)

FDT (R)

LC (R) SUP

APPENDIX 4

Title/date tabled Committee

Landcare policies and programs: interim report (presented 29 April 1996, tabled 30 April 1996) List of Commonwealth Bodies (tabled 28 June 1996) Matters referred to committee for inquiry in 37th Parliament- Taxation Laws Amendment

Bill (No. 2) 1995 , employee share acquisition schemes (tabled 17 June 1996) Migration Legislation Amendment Bill (No. 2) 1996 Migration Legislation Amendment Bill (No. 3) 1996 (tabled 5 December 1996) National Health (Budget Measures) Amendment Bill 1996 (tabled 19 November 1996) National well-being: a system of national citizenship indicators and benchmarks

(presented 29 April 1996, tabled 30 April 1996) Natural Heritage Trust of Australia Bill 1996 (tabled I 0 October 1996) No time to waste (presented 29 April 1996, tabled 30 April 1996) Outworkers in the garment industry (tabled 12 December 1996)

Primary Industries and Energy Legislation Amendment Bill (No. I) 1996 (tabled 18 June 1996) Provisions of the Social Security Legislation Amendment (Further Budget and Other Measures) Bill 1996- Schedule I (20th report) (tabled 26 November 1996) R-rated material on pay TV: Part 2 and review of the guidelines for the classification of

film and videotapes (tabled 17 October 1996) Reference of Petitions Requesting that Jervis Bay be Deleted from Consideration as a Site for any Expansion of Defence Department Facilities including the East Coast Armaments Complex and that the National Broadcaster Fulfil its Obligations

(tabled 21 August 1996) Report on annual reports tabled July 1995 - December 1995 (tabled 22 May 1996) Report on references 37th Parliament (inquiries into Australia-China relations, Latin America air links, consular assistance to Australians overseas and nuclear testing and

non-proliferation) (tabled 30 May 1996) Report on references of 37th Parliament (inquiries into statutory authorities; non-statutory bodies and companies and associations) (tabled 29 May 1996) Report on references of 37th Parliament (inquiries into the rights and obligations of the media,

payment of a minister's legal costs, cost of justice and the third paragraph of section 53 of the Constitution) (tabled 29 May 1996) Report on references of 37th Parliament (inquiry into early childhood education) (tabled 23 May 1996) Report on references of 37th Parliament (inquiry into the implementation and operation of the

Health Legislation (Private Health Insurance Reform) Amendment Act 1995 during the first 12 months after enactment) (tabled 30 May 1996) Report on references of 37th Parliament (inquiry into the management of water and biological nutrients in Australia) (tabled 23 May 1996) Report on references of 37th Parliament (inquiry into value-adding in agricultural

production) (tabled 27 June 1996) Report on references of 37th Parliament (preliminary inquiry into the management of gold mine effluent) (tabled 23 May 1996) Rep01t on the examination of annual reports (tabled 26 June 1996) Report on the examination of annual reports (tabled 30 May 1996) Report on the examination of annual reports No. I of 1996 (tabled 22 May 1996) Report on the examination of annual reports No. I of 1996 (tabled 26 June 1996) Report on the review of annual reports. 1994-95 annual reports tabled in the Senate

to 31 October 1996 (tabled 22 May 1996) Reserve Bank Officers' Super Fund (19th report) (tabled 19 June 1996) Review of Annual Reports: 1994-95 annual reports tabled in the Senate to 30 April 1996 (tabled 17 September 1996) Review of the Health Legislation (Private Health Insurance Reform) Amendment

Act 1995 (tabled 19 September 1996) Review of the Order for the Production of Indexed Lists of Departmental Files (tabled 22 May 1996)

204

RRAT(R) FPA (L)

ECO (R) LC (L) LC(L) CA (L)

LC (R) ERCA (L) DRW ECO(R)

RRAT(L)

SUP

cs

ERCA (L) FPA (L)

FDT (R)

FPA (L)

LC (R)

EET (R)

CA (L)

ERCA (R)

RRAT(R)

ERCA (R) EET(L) CA (L) ECO (L)

LC (L)

ERCA (L) SUP

ERCA (L)

CA (L)

FPA (R)

Title/date tabled Review of the Superannuation Complaints Tribunal (18th Report) (presented 29 April 1996, tabled 30 April 1996) Revised Terms of Reference (tabled 20 June 1996) Scrutiny of annual reports- No. 2 of 1996 (tabled 19 September 1996) Service delivery by the Australian Public Services (presented 14 December 1995 ,

tabled 30 April 1996)* Seventh report: Native Title Amendment Bill 1996 and the Racial Discrimination Act (tabled 12 December 1996) Shipping Grants Legislation Bill 1996 (tabled 30 May 1996) Sixth report: The Native Title Amendment Bill 1996 and supplement to the report:

responses to adverse mentions pursuant to resolution of the Senate (tabled 18 November 1996) Soccer: second report (presented 6 December 1995 , tabled 30 April 1996)* Social Security Legislation Amendment (Budget and Other Measures) Bill 1996

(tabled 6 November 1996) Social Security Legislation Amendment (Further Budget and Other Measures) Bill 1996 (Schedule 2) (tabled 18 November 1996) Social Security Legislation Amendment (Newly Arrived Resident's Waiting Periods

and Other Measures) Bill 1996 (tabled I 0 September 1996) States Grants (Primary and Secondary Education Assistance) Bill 1996 (tabled 25 November 1996) Supplementary hearings on the examination of estimates (tabled 30 October 1996) Taxation Laws Amendment Bill (No. I) 1996 (tabled 17 June 1996) Taxation Laws Amendment Bill (No. 3) 1996 (tabled I 0 December 1996)

Telstra: To sell or not to sell? Consideration of the Telstra (Dilution of Public Ownership) Billl996 (tabled 9 September 1996) The tobacco industry and the costs of tobacco-related illness (presented 15 December 1995, tabled 30 April 1996)*

Workplace Relations and Other Legislation Amendment Bill (No. 2) 1996 (tabled I I December 1996) Workplace Relations and Other Legislation Amendment Bill 1996 (tabled 22 August 1996)

APPENDIX4

Committee

SUP SUP

FDT (L)

FPA (R)

NT

RRAT (L)

NT

ERCA (R)

CA (L)

CA (L)

LC (L)

EET (L) ERCA (L) ECO (L) ECO (L)

ERCA (R)

CA (R)

ECO (L) ECO (R)

*not included in total; included in total for /995, see Work of Committees I January to 31 December 1995

205

APPENDIX 5

Government Responses to Reports Tabled by Committees Administered by the Senate Committee Office

I JANUARY 1996-31 DECEMBER 1996 (19)

Australian Quarantine Inspection Service (tabled 21 November 1996; report tabled 30 April 1996)

Classification (Publications, Films and Computer Games) Regulations, Statutory Rules 1995 No . 401 (presented to the President on 14 December 1996; report tabled 21 August 1996)

CSIRO: The case for revitalisation- administration and funding of rural research (tabled 12 September 1996; report tabled 7 December 1996)

Derivatives (tabled 12 September 1996; report tabled 20 November 1996)

Eastlink:the interconnection ofNSW and Queensland electricity grids with a high voltage powerline (tabled 10 October 1996; report tabled 30 April 1996)

Falling on Deaf Ears? (presented to the President on 14 December 1996; report tabled 30 November 1995)

Impact of assets tests on farming families' access to social security and Austudy-Second report:social security assets test (tabled 19 September 1996; report tabled 28 September 1996)

Inquiry into Education and Training in Correctional Facilities (presented to the President on 14 December 1996; report tabled 30 April 1996)

National well-being: a system of national citizenship indicators and benchmarks (tabled 2 December 1996; report tabled 30 April 1996)

Natural Heritage Trust of Australia Bill 1996 (tabled 5 December 1996; report tabled 10 October 1996)

No time to waste (tabled 21 November 1996; report tabled 30 April 1996)

Organised Criminal Paedophile Activity (presented to the President on 14 December 1996; report tabled 20 November 1996)

Psychotherapeutic medication in Australia (tabled 2 December 1996; report tabled 5 June 1995)

Report on annual reports of the Australian Securities Commission and other bodies 1993-94 (tabled 12 September 1996; report tabled 23 October 1995)

Report on the National Native Title Tribunal Annual Report 1994-95 (presented to the President on 14 December 1996; report tabled 21 August 1996)

206

APPENDIX5

Review of the Superannuation Complaints Tribunal (18th Report) (tabled 26 June 1996; report tabled 30 April 1996)

Soccer (First and Second Rep01ts) (presented to the President on 14 December 1996; reports tabled 27 June 1995 and 30 April 1996 respectively)

Trick or Treaty? Commonwealth power to make and implement treaties (tabled 2 May 1996; report tabled 29 November 1995)

207

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

PARLIAMENTARY PAPER No 8 of 1997 ORDERED TO BE PRINTED

ISSN 0727-4181

Work of Committees 1 January to 31 December 1996 (2024)

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