Andrew Murray (WA, Australian Democrats) Share this | Link to this | Hansard source

by leave—I move amendments (1) and (2) on sheet 5268:

(1)    Schedule 1, page 3 (after line 21), after item 4, insert:

4A  After section 13

Insert:

13A  Procedures for merit selection of appointments under this Act

        (1)    The Minister must by writing determine a code of practice for selecting and appointing members of the Corporation that sets out, in addition to the requirements outlined in subsection 13(4) and the guidance outlined in section 29F, general principles on which the selection is to be made, including but not limited to:

             (a)    merit; and

             (b)    independent scrutiny of appointments; and

             (c)    probity; and

             (d)    openness and transparency.

        (2)    After determining a code of practice under subsection (1), the Minister must publish the code in the Gazette.

        (3)    The Minister must review a code of practice determined under subsection (1) not later than every fifth anniversary after the code has been determined.

        (4)    In reviewing a code of practice, the Minister must invite the public to comment on the code.

        (5)    A code of practice determined under subsection (1) is a legislative instrument for the purposes of the Legislative Instruments Act 2003.

(2)    Schedule 1, page 3 (after line 25), after item 6, insert:

6A  Paragraph 29B(a)

Repeal the paragraph, substitute:

             (a)    to select, consistent with the code of practice determined pursuant to subsection 13A(1), persons to be nominated for appointment as members of the Corporation referred to in paragraph 13(1)(c); and

Since I have motivated the amendment already in my speech in the second reading debate, I just move the amendment.

Kerry O'Brien (Tasmania, Australian Labor Party, Shadow Minister for Primary Industries, Fisheries and Forestry) Share this | Link to this | Hansard source

While Labor support the basis of Senator Murray’s amendment, Labor do not support this amendment. Labor have already announced selection processes for government bodies such as the ABC board and our Fair Work Australia. The selection processes that Labor have announced demonstrate our commitment to the Nolan principles on which this amendment is based.

The Nolan principles which govern appointments in the UK require that appointments are merit based and that the process of appointment is independent and transparent. Labor and all the other parties have advocated merit based appointments, while this government has continued to be silent through its inaction. Labor believes that that issue of government appointment is essential to uphold public trust in government bodies. The establishment of a merit based selection process for government appointments is a safeguard but not a full protection against political appointments.

Labor notes the disintegration of constitutional conventions regarding responsible government under this Howard government. This is not an issue that can be fixed simply by inserting an amendment into this bill. There should be a proper consultation with relevant bodies on the government selection processes, as well as consideration of other aspects which should be included to make the appointment process more independent and transparent.

The Winemakers Federation of Australia have spoken to me about these amendments and feel that it would have been more appropriate had they been consulted about them. Without expressing a view on them, they thought that that would have been an appropriate course of action if the Democrats wanted their support in relation to these amendments.

Brett Mason (Queensland, Liberal Party, Parliamentary Secretary to the Minister for Health and Ageing) Share this | Link to this | Hansard source

I note Senator O’Brien’s comments on behalf of the opposition. The government also opposes these amendments. The government is satisfied that current processes are supporting Senate appointments to the AWBC board and sees no reason to accept the proposed amendments.

Question negatived.

Bill agreed to.

Bill reported without amendment; report adopted.