Annette Hurley (SA, Australian Labor Party) Share this | Hansard source

Pursuant to standing orders 38 and 166, I present documents listed below which were presented to the President, the Deputy President and temporary chairs of committees since the Senate last sat. In accordance with the terms of the standing orders, the publication of the documents was authorised. I also present documents and responses to resolutions of the Senate as listed below. In accordance with the usual practice and with the concurrence of the Senate I ask that the government responses be incorporated in Hansard.

The list read as follows—

Committee reports

Legal and Constitutional Affairs Committee—Report, together with the Hansard record of proceedings and documents presented to the committee—Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality (received 12 December 2008)

Environment, Communications and the Arts Committee—Report, together with the Hansard record of proceedings and documents presented to the committee—Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008 (received 18 December 2008)

Government responses to parliamentary committee reports

Joint Standing Committee on the National Capital and External Territories—Report—The way forward: Inquiry into the role of the National Capital Authority (received 11 December 2008)

Parliamentary committee reports. President’s report on government responses outstanding as of June 2008 (received 16 December 2008)

Parliamentary Joint Committee on Intelligence and Security—Review of security and counter terrorism legislation (received 23 December 2008)

Parliamentary Joint Committee on Intelligence and Security—Inquiry into the proscription of ‘terrorist organisations’. under the Australian Criminal Code (received 23 December 2008)

Finance and Public Administration Committee—Report—Knock, knock who’s there? The Lobbying Code of Conduct (received 15 January 2009)

Joint Committee of Public Accounts and Audit—411th report: Progress on equipment acquisition and financial reporting in Defence (received 27 January 2009)

Ministerial statement

Immigration—Changes to the 2008-09 skilled migration program—Ministerial statement by the Minister for Immigration and Citizenship (Senator Evans).

Government documents

Australian Building and Construction Commissioner—Report for 2007-08. [Received 22 December 2008]

Australian Communications and Media Authority—Communications report for 2007-08. [Received 5 December 2008]

Australian Crime Commission—Report for 2007-08. [Received 9 January 2009]

Australian Electoral Commission—Report for 2007-08—Correction. [Received 2 February 2009]

Australian Landcare Council—Report for 2007-08. [Received 11 December 2008]

Australian Law Reform Commission—Report No. 104—Fighting words: A review of sedition laws in Australia, July 2006—Government response. [Received 23 December 2008]

Australian Political Exchange Council—Report for 2006-07. [Received 22 December 2008]

Australian Rail Track Corporation Ltd (ARTC)—Report for 2007-08. [Received 16 December 2008]

Classification Board and Classification Review Board—Reports for 2007-08—Addendum. [Received 24 December 2008]

Commonwealth Electoral Act 19182008 Redistribution into electoral divisions— Western Australia—Report, together with composite maps [2] and compact disc of supporting information. [Received 16 January 2009]

Dairy Australia Limited—Report for 2007-08. [Received 18 December 2008]

Department of Education, Employment and Workplace Relations—Australian vocational education and training system—Report for 2007. [Received 12 December 2008]

Department of Finance and Deregulation—Consolidated financial statements for the year ended 30 June 2008. [Received 9 December 2008]

Environment Protection and Biodiversity Conservation Act 1999National and Commonwealth Heritage Lists—Report for the period 1 January 2004 to 30 June 2008. [Received 12 January 2009]

Estimates of proposed additional expenditure for 2008-09—Portfolio additional estimates statements—Portfolios and executive departments—Health and Ageing portfolio. [Received 10 December 2008]

Executive Director of Township Leasing—Report for 2007-08. [Received 10 December 2008]

Export Wheat Commission—Report for the period 1 October 2007 to 30 June 2008. [Received 17 December 2008]

Federal Magistrates Court of Australia—Report for 2007-08—Errata. [Received 27 January 2009]

Gene Technology Regulator—Quarterly report for the period 1 July to 30 September 2008. [Received 21 January 2009]

High Court of Australia—Report for 2007-08. [Received 16 December 2008]

Inquiry into the case of Dr Mohamed Haneef—

Report by the Hon. John Clarke QC, November 2008. [Received 23 December 2008]

Government response. [Received 23 December 2008]

Members of Parliament (Staff) Act 1984Report for 2007-08. [Received 23 December 2008]

National Capital Authority—Report for 2007-08. [Received 9 December 2008]

National Health and Medical Research Council (NHMRC)—NHMRC Licensing Committee—Report on the operation of the Research Involving Human Embryos Act 2002 for the period 1 April to 30 September 2008. [Received 15 December 2008]

Native Title Act 1993Native title representative bodies—Central Land Council—Report for 2007-08. [Received 10 December 2008]

Pharmaceutical Benefits Pricing Authority—Report for 2007-08. [Received 18 December 2008]

Private Health Insurance Administration Council—Report for 2007-08 on the operations of the registered health benefits organisations. [Received 17 December 2008]

Tax expenditures statement 2008, dated January 2009. [Received 29 January 2008]

Reports of the Auditor-General

Auditor-General—Audit reports for 2008-09—

No. 12—Performance audit—Active after-school communities program—Australian Sports Commission. [Received 10 December 2008]

No. 13—Performance audit—Government agencies’ management of their websites—Australian Bureau of Statistics; Department of Agriculture, Fisheries and Forestry; Department of Foreign Affairs and Trade. [Received 16 December 2008]

No. 14—Financial statement audit—Audits of the financial statements of Australian Government entities for the period ended 30 June 2008. [Received 17 December 2008]

No. 15—Performance audit—The Australian Institute of Marine Science’s management of its co-investment research program—Australian Institute of Marine Science. [Received 18 December 2008]

No. 16—Performance audit—The Australian Taxation Office’s administration of business continuity management—Australian Taxation Office. [Received 22 December 2008]

No. 17—Performance audit—Administration of Job Network outcome payments—Department of Education, Employment and Workplace Relations. [Received 28 January 2009]

Departmental and Agency Contracts—Order for Production of Documents—Document

Departmental and agency contracts for 2008—Letter of advice—Department of Agriculture, Fisheries and Forestry.

Departmental and Agency Appointments—Order for Production of Documents—Documents

Departmental and agency appointments—Additional estimates—Letters of advice—

Agriculture, Fisheries and Forestry portfolio agencies. [Received 2 February 2009]

Australian Institute of Family Studies portfolio agencies. [Received 2 February 2009]

Broadband, Communications and the Digital Economy portfolio agencies. [Received 29 January 2009]

Defence portfolio agencies. [Received 30 January 2009]

Infrastructure, Transport, Regional Development and Local Government portfolio agencies. [Received 30 January 2009]

Treasury portfolio agencies. [Received 2 February 2009]

Veterans’ Affairs portfolio agencies. [Received 30 January 2009]

Departmental and Agency Grants—Order for Production of Documents—Documents

Departmental and agency grants—Additional estimates—Letters of advice—

Agriculture, Fisheries and Forestry portfolio agencies. [Received 2 February 2009]

Attorney-General’s portfolio agencies. [Received 27 January 2009]

Australian Institute of Family Studies portfolio agencies. [Received 2 February 2009]

Defence portfolio agencies. [Received 30 January 2009]

Department of Broadband, Communications and the Digital Economy. [Received 29 January 2009]

Infrastructure, Transport, Regional Development and Local Government portfolio agencies. [Received 30 January 2009]

Treasury portfolio agencies. [Received 2 February 2009]

Veterans’ Affairs portfolio agencies. [Received 30 January 2009]

Senate Committee Reports—Register 2008 Supplement—Document

Senate Committee Reports—Consolidated register of Senate committee reports—2008 supplement.

Business of the Senate—1 January to 31 December 2008—Document

Business of the Senate—1 January to 31 December 2008.

Questions on Notice Summary—Document

Questions on notice summary—12 February to 31 December 2008.

Standing Order 37(3)—Access to Committee Documents—Documents

Standing order 37(3)—Access to committee documents—Reports to the Senate [2].

Auditor-General—Audit Report No. 18 of 2008-09—Document

Auditor-General—Audit report no. 18 of 2008-09—Performance audit—The administration of grants under the Australian political parties for democracy program—Department of Finance and Deregulation.

Environment—Pesticides—Document

Environment—Pesticides—Letter to the President of the Senate from the Minister for Agriculture, Fisheries and Forestry (Mr Burke) responding to the resolution of the Senate of 25 November 2008, dated 13 January 2009.

Industry—Fishing—Moreton Bay—Document

Industry—Fishing—Moreton Bay—Letter to the President of the Senate from the Premier of Queensland (Ms Bligh) responding to the resolution of the Senate of 27 November 2008, dated 2 January 2009.

Environment—Tasmania—Tarkine Forest—Document

Environment—Tasmania—Tarkine Forest—Letter to the President of the Senate from the Minister for Infrastructure, Transport, Regional Development and Local Government (Mr Albanese) responding to the resolution of the Senate of 1 December 2008, dated 22 December 2008.

Environment—South Australia—Trees For Life—Document

Environment—South Australia—Trees For Life—Letter to the President of the Senate from the Chief Executive Officer, Trees For Life (Ms Dundon) responding to the resolution of the Senate of 2 December 2008, dated 11 December 2008.

Ordered that the Business of the Senate for 1 January to 31 December 2008 be printed.

The government responses read as follows—

AUSTRALIAN GOVERNMENT RESPONSE REPORT OF THE JOINT STANDING COMMITTEE ON THE NATIONAL CAPITAL AND EXTERNAL TERRITORIES

THE WAY FORWARD – INQUIRY INTO THE ROLE OF THE NATIONAL CAPITAL AUTHORITY

Minister for Home Affairs

DECEMBER 2008

Introduction

On 19 February 2008, the Minister for Home Affairs, the Hon Bob Debus MP, requested the Joint Standing Committee on the National Capital and External Territories (‘the Joint Standing Committee’) to inquire into and report on the role of the National Capital Authority (‘the Authority’).

The terms of reference for the inquiry required the Joint Standing Committee to review the:

• administration of the National Capital Plan (‘the Plan’);
• Authority’s governance arrangements;
• level of oversight required to achieve the highest standards in design in the Australian Capital Territory (ACT);
• opportunities for greater cooperation with ACT Government planning authorities; and
• promotion of the national capital.

The Joint Standing Committee identified three key objectives for its inquiry:

• to ensure that the Commonwealth protect and promote the unique design of Canberra because it represents the intrinsic character of the national capital;
• where possible, align land administration with planning jurisdiction; and
• foster greater co-operation and collaboration between the Commonwealth and the ACT Governments on planning and related matters.

On 16 July 2008, the Joint Standing Committee tabled its report The Way Forward – Inquiry into the Role of the National Capital Authority (‘the Report’).

The Government will take the opportunity of this latest Joint Standing Committee report to consider how best to meet the Commonwealth’s obligation to the national capital. Issues considered in the process may be outside the scope of the Joint Standing Committee’s specific recommendations, but will address the issues raised.

The Government acknowledges the important work of the Joint Standing Committee and wishes to maintain the momentum created by the inquiry and Report. However, the Government will not immediately commit to all the current recommendations because it might need to implement the recommendations differently after a review of planning and land management responsibilities (discussed in the Government’s response to Recommendation 14).

Background

The Authority was established in 1989, under the Australian Capital Territory (Planning and Land Management) Act 1988 (‘the Act’). The Authority comprises five members: currently a part-time Chairperson; a full-time Chief Executive; and three part-time non-executive members.

The functions of the Authority are established under section 6 of the Act. The functions are:

(a)

to prepare and administer the National Capital Plan;

(b)

to keep the Plan under constant review and to propose amendments to it when necessary;

(c)

on behalf of the Commonwealth, to commission works to be carried out in Designated Areas in accordance with the Plan where neither a Department of State of the Commonwealth nor any Commonwealth authority has the responsibility to commission those works;

(d)

to recommend to the Minister the carrying out of works that it considers desirable to maintain or enhance the character of the national capital;

(e)

to foster an awareness of Canberra as the national capital;

(f)

with the approval of the Minister, to perform planning services for any person or body, whether within Australia or overseas; and

(g)

with the Minister’s approval, on behalf of the Commonwealth, to manage national land designated in writing by the Minister as land required for the special purposes of Canberra as the national capital.

The Act establishes the Plan, which ensures that Canberra and the Territory ‘are planned and developed in accordance with their national significance’. The Act also establishes the Territory Plan, which ensures, in a manner not inconsistent with the Plan, that the ACT is planned and developed to provide the people of the Territory with an attractive, safe and efficient environment in which to live and work and have their recreation.

The powers of the Minister are established by section 7(1) of the Act, which allows the Minister to give the Authority general direction, in writing, as to the performance of its functions.

The process for developing and amending the Plan is set out in sections 14 to 23 of the Act. In performing this function, the Authority has the independence to propose amendments to the Plan, which the Minister may approve.

Summary of the Report

The Joint Standing Committee proposed that the governance arrangements of the Authority should allow more independence to the Authority, commensurate with its status as a statutory authority. The Joint Standing Committee also recommended the development of a single integrated planning document for the ACT, comprising the National Capital Plan and the Territory Plan. The plan would be integrated through agreed definitions and clear geographic boundaries.

Chapters 1-3 of the Joint Standing Committee’s report provide a summary of the Joint Standing Committee’s role, previous reviews undertaken of the Authority and the role of the Authority. Recommendations are contained in Chapter 2 and Chapters 4-11.

The Joint Standing Committee’s report contains 22 recommendations. The Government accepts 13 of those recommendations in full, in part or in principle.

The Government does not accept four recommendations that primarily relate to delegating planning powers to the ACT, the functions of the proposed National Capital Consultative Council and providing funding for a three dimensional digital plan.

The Government notes that the proposed Council is similar in form to the Minister for Home Affairs’ Minister’s Canberra Consultative Forum. This forum enables ACT region representatives to express their views to the Minister for Home Affairs and the ACT Chief Minister. The Government considers that any changes to the Forum and the establishment of a new council should only have a consultative function, rather than any specific decision-making or recommendatory functions.

The Government has noted five recommendations relating to: the position of Commonwealth Architect; airport planning; the preparation of a joint sustainable transport plan; resourcing for the Authority; and an independent review mechanism for certain decisions of the Authority.

The Government considers that the creation of the position of Commonwealth Architect may duplicate the role or the services currently available to the Authority.

Recommendation 1: That the Commonwealth Government affirm its direct and enduring commitment to the future of Canberra as a planned national capital on behalf of all Australians.

The Government accepts this recommendation.

The Commonwealth has an enduring interest and commitment to the future of Canberra as a planned national capital on behalf of all Australians. The ACT is vested in the Commonwealth by virtue of section 125 of the Constitution for establishing the Seat of Government. Canberra is the home of our democratic institutions such as the Parliament of Australia and the High Court. Canberra is a unique capital city. It is one of only four capital cities in the world that has been planned as a capital city from its inception.

Canberra is also home to the memorials that honour the men and women who sacrificed their lives to protect the interests and values of the people of Australia. In Canberra, icons of national significance, like the National Museum of Australia, reflect our national identity, ideals and aspirations.

The Government affirms its direct and enduring commitment to the future of Canberra as a planned national capital on behalf of all Australians.

Recommendation 2: That the Australian Capital Territory (Planning and Land Management) Act 1988 be amended to include the following provisions:

• That the National Capital Authority board consists of a Chairperson and seven members.
• That a minimum of two National Capital Authority board members be from the ACT region.
• That a person appointed as a National Capital Authority board member by the Commonwealth Government must have qualifications or expertise relevant to a field related to the Authority’s functions as set out in section 6 of the Australian Capital Territory (Planning and Land Management) Act 1988.
• That the Chief Executive no longer have ex-officio status on the National Capital Authority board.
• That the appointment of Chief Executive should be made on recommendation of the National Capital Authority board and the Chief Executive be fully accountable to the board.

The Government accepts this recommendation in part.

The Government agrees in principle to amending the Act to provide for the Authority comprising a minimum of five and a maximum of seven members. However, the Government will consider the overall structure of the Authority in the context of the inter-governmental committee that will consider how to best align and streamline planning and land management (discussed in the Government’s response to Recommendation 14).

The Government also agrees that greater engagement of local and national perspectives is one way of ensuring that the ACT and Commonwealth Government interests in the development of the national capital are properly considered.

The Government does not agree that the Chief Executive should not be a member of the Authority. The Chief Executive will continue to remain on the Authority board, while being responsible for staff of the Authority as an Agency Head for the purposes of the Public Service Act 1999 and the Financial Management and Accountability Act 1997. The Chief Executive will continue to provide operational and advisory support to the Authority in the exercise of its statutory functions.

Recommendation 3: That the Australian Capital Territory (Planning and Land Management) Act 1988 be amended to require the Chairperson of the National Capital Authority to appear twice a year before the Joint Standing Committee for the National Capital and External Territories.

The Government accepts this recommendation in principle.

The Government supports increased accountability measures to allow for greater scrutiny of the operations of the Authority. The Chairperson should be accountable for the Authority’s performance of its statutory functions. The Government notes that the appropriate mechanism to achieve the objective of this recommendation is an amendment to the Joint Standing Committee’s Standing Resolution of Appointment and will refer consideration of the change to the Committee Secretariat.

Recommendation 4: That a National Capital Consultative Council be established. This Council would have representatives from the Commonwealth Government and the ACT Government, the community and business. The Council would be co-chaired by the responsible Minister and the ACT Chief Minister.

The Government accepts this recommendation in principle

The Government agrees that consultative mechanisms enabling the Commonwealth to hear from the ACT Government, ACT community and business representatives would provide valuable information and support to the reform process.

The Government notes that the Minister for Home Affairs has an existing Canberra Consultative Forum and will consider whether this forum can form the basis for a National Capital Consultative Council.

The Forum, and its predecessor, the Canberra Region Ministerial Forum, has been a longstanding mechanism for fostering links between the Commonwealth Government, the ACT Government and the Canberra business community.

The Council will assist the Government in its further consider the planning relationship between the Commonwealth Government and the ACT Government in the context of its review to streamline planning and land management responsibilities in the ACT (discussed in the Government’s response to Recommendation 14).

Recommendation 5: That the Commonwealth Government establish the position of Commonwealth Architect within the Department of the Prime Minister and Cabinet.

The Government notes this recommendation.

The Government, including the Authority and the responsible Minister, has the power to obtain any advice it requires in the performance of its functions. This includes obtaining architectural services. Section 44 of the Act allows the Minister, upon recommendation of the Authority, to appoint a committee to give advice to the Authority or to assist in the performance of its functions.

The Government expects that the Authority will continue to seek advice of highly skilled and experienced architects when required. The Government will also retain the ability to obtain architectural advice on its building and/or land management projects through normal departmental procurement mechanisms.

The Government is also concerned that the creation of the position of Commonwealth Architect may only serve to duplicate and complicate the role of the Authority in the exercise of its statutory functions relating to planning and development of areas of land in the ACT.

If the Government is provided with further evidence that the position of Commonwealth Architect is desirable, and will not duplicate the functions of the Authority, then it may be considered further.

Recommendation 6: That the Australian Capital Territory (Planning and Land Management) Act 1988 be amended to require all draft amendments to the National Capital Plan and all proposed works (with the exception of de-minimus works) in the Parliamentary Zone to be referred to the Joint Standing Committee on the National Capital and External Territories for its consideration and report, if necessary, within three months.

The Government accepts this recommendation in principle.

The Government values the important role the Joint Standing Committee plays in scrutinising and reporting on draft amendments to the Plan. Since its inception, the Joint Standing Committee has undertaken several reviews of the Authority and its operations.

However, the Joint Standing Committee is established by resolution of appointment of both Houses of Parliament. The Speaker of the House of Representatives and the President of the Senate must introduce amendments to the resolution. Both Houses of Parliament must agree to any amendment to the resolution of appointment of the Joint Standing Committee.

The Government is encouraged by the Joint Standing Committee’s resolve to review all draft amendments to the Plan and all proposed works (with the exception of de-minimus works) in the Parliamentary Zone. The Government notes that any expansion of the Joint Standing Committee will likely involve an increase in responsibilities and administrative burdens to the Joint Standing Committee. The Joint Standing Committee has indicated that it is willing to accept this eventuality.

The Government will consider how best to implement this recommendation in the context of its review to streamline planning and land management responsibilities in the ACT (discussed in the Government’s response to Recommendation 14).

Recommendation 7: In the interest of improving uniformity between the two planning systems, the Development Assessment Forum model should be assessed by the National Capital Authority for its relevance and application to the National Capital Plan and a report provided to the Joint Standing Committee and Minister within three months from the date of the Government Response to this report.

The Government accepts this recommendation in principle.

The Government will ask the Authority to make an assessment of the relevance and application of the Development Assessment Forum model in the context of its review to streamline planning and land management responsibilities in the ACT (discussed in the Government’s response to Recommendation 14).

Recommendation 8: That existing relevant Commonwealth and Territory legislation be amended to protect the heritage of all Designated Areas in Canberra.

The Government accepts this recommendation in principle.

The Government understands that, although the ACT can list heritage places in Territory Land that is Designated Area, the usual statutory systems of the ACT and Commonwealth governments to protect the places do not generally apply. The Government will work with the ACT Government to consider how best to implement this recommendation in the context of aligning and streamlining planning and land management responsibility (discussed in the Government’s response to Recommendation 14).

Recommendation 9: That the role of the National Capital Authority be clarified to include promotion of the national cultural icons located in the Central National Area.

The Government accepts this recommendation in principle.

The Authority’s current promotion function under section 6(e) of the Act is to foster an awareness of Canberra as the national capital. The Government accepts that greater clarity may be given to this particular function to provide certainty as to the scope and purpose of the Commonwealth’s role in this area.

Recommendation 10: That the National Capital Consultative Council prepare a domestic and international tourism and marketing plan for the national capital for consideration by both the ACT and Commonwealth Governments in their next respective budgets. In addition, the Committee recommends that such a plan factor in the Centenary of Canberra celebrations in 2013.

The Government does not accept this recommendation.

Under Schedule 4 of the Australian Capital Territory (Self-Government) Act 1988, the ACT Government has responsibility for governing matters relating to tourism. The Government recognises that the Commonwealth has a responsibility to promote the national capital for its national significance. However, the Government considers that the preparation of a joint tourism and marketing plan would enmesh the Commonwealth Government in areas of traditiona