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Administration of Commonwealth regulations to be scrutinised by Audit Committee

THE Joint Committee of Public Accounts and Audit (JCPAA) will hear from a range of agencies on Friday, November 22, for its inquiry into the administration of Commonwealth regulations.

Chair of the JCPAA, the Linda Burney MP, said, "Regulation, when it is administered effectively, delivers better public goods and services, creates certainty, facilitates growth and builds community confidence.

“Regulators must have proportionate and risk-based approaches to assessing compliance risk. Compliance and enforcement strategies must be informed by evidence, and actions to identify and address instances of non-compliance must aim to minimise harm.”

"The committee will examine the findings of five audit reports and hear from the relevant entities on their performance as regulators," Ms Burney said.

Friday 22 November 2024
Committee Room 2R1
Parliament House

9am - Management of non-compliance with the Therapeutic Goods Act for unapproved therapeutic goods—Department of Health and Aged Care*

9.45am - Design and early implementation of residential aged care reforms—Department of Health and Aged Care, Aged Care Quality and Safety Commission*

10.45am - Trade measurement compliance activities—Department of Industry, Science and Resources*

11.30am - Management and oversight of fraud control arrangements for the goods and services tax—Australian Taxation Office*

1pm - Regulation of Migration Agents—Department of Home Affairs*

1.45pm - Department of Finance*

* The Australian National Audit Office will also appear at each session.

Treaties Committee recommends ratification of OCCAR Agreement

THE Joint Standing Committee on Treaties has tabled a report recommending the ratification of the Security Agreement between the Government of Australia and the Organisation for Joint Armament Cooperation (Organisation Conjointe de Coopération en Matière d’Armement) (OCCAR) on the Protection of Classified Information (the Agreement).

OCCAR is a European inter-governmental organisation that Australia participates in that coordinates defence equipment procurement and management programs. The agreement establishes security measures to protect classified information generated from activities between Australia and OCCAR Member States.

Committee Chair, Lisa Chesters MP, said, "Australia currently has to create interim security arrangements for each OCCAR program that we participate in. Ratifying this Agreement will create permanent security arrangements to protect Australia’s classified information and ensure our ongoing participation in OCCAR programs.

"This agreement facilitates the sharing of classified information generated from OCCAR programs and protects it to a mutually agreed standard. The agreement does not oblige Australia to share its classified information and allows our continued engagement with OCCAR-managed programs such as the Boxer Combat Reconnaissance Vehicle, Tiger Armed Reconnaissance Helicopter, and the MU90 Impact Lightweight Torpedo."

The committee supports ratification and recommends that binding treaty action be taken.

The report also contains the minor treaty actions Amendment to the Loan Agreement between Australia and the International Monetary Fund and the Amendment to the Annex to the Facilitation of International Maritime Traffic Convention 1965.

The report can be found on the Committee website, along with further information on the inquiry.

 

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Inquiry into the Department of Defence Annual Report 2022-23

THE Defence Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade has completed its inquiry into the Department of Defence Annual Report 2022-23.

Defence Subcommittee Chair, Brendan O’Connor MP, said, "This inquiry examined Australia’s assistance to Ukraine, the Defence health system, Defence’s Capability Assurance Mechanism, Artificial Intelligence and autonomous weapons and armaments manufacture, procurement and inventory.

"Australia’s strategic environment is rapidly evolving with rising global tensions and potentially reduced warning time for conflict. In response Australia is investing in Indo-Pacific partnerships and deepening engagement across with our allies around the world," Mr O'Connor said.

"A cornerstone of our approach remains our unwavering support for Ukraine. This support is critical to Ukraine’s defence and to the need for a stable, rules-based international order. Australia’s support to Ukraine must be carefully coordinated and sustained for the long-term.

"The subcommittee believes a 'Ukraine lens' should be applied to the decision-making process around the retirement of equipment from military service. This will allow more effective planning and provide time to ensure Australia’s ongoing compliance with international agreements and treaties. Furthermore, transparency in the decision-making process is essential.

"Australia’s training contributions to Ukraine through Operation KUDU have proven highly successful. We are committed to continuing our support for the training of both Ukrainian forces and civilians to enhance their resilience.

"The subcommittee believes there is a strong case for reopening Australia’s embassy in Kyiv, as a physical diplomatic presence would strengthen our bilateral ties with Ukraine and align us with the 70 other nations that have reopened their embassies," Mr O'Connor said.

"The inquiry also identifies challenges facing Defence and its health services contractor in providing healthcare services to over 60,000 personnel across various Defence units. Staffing shortages and delays in medical appointments remain ongoing concerns.

"The 2023 Defence Strategic Review and the 2024 National Defence Strategy provide a clear roadmap for addressing the challenges facing Defence. The focus on minimum viable capabilities, timely delivery, and allocated funding, Defence will be able to meet its objectives and build the Integrated Force of 2031. The subcommittee also reviewed Defence’s capability assurance systems recognising that the cyber and space worthiness systems are still in development.

"Australia finds itself facing an elevated risk of state-on-state conflict. To meet these challenges head-on, the Australian Government, in collaboration with our AUKUS partners, is prioritising the development and acquisition of asymmetric capabilities, including autonomous weapons systems. Such technologies will empower the Australian Defence Force to project influence and ensure our capacity for impactful and proportionate action in any scenario.

"Rapid advancements in AI and computing will continue to shape the future of weapon systems. As we develop and acquire new capabilities, it is essential that we fully integrate artificial intelligence and autonomous weapons systems to ensure they meet the requirements of our defence strategy, while also remaining committed to the principle that all capabilities must be fully compliant with international humanitarian law. Australia should continue contributing to international discussions on AI policy, and we must stay informed of evolving international law and policy developments.

"The subcommittee acknowledged the need to strengthen Australia’s sovereign defence capabilities and our reliance on international supply chains, particularly around munitions. While challenges remain, the subcommittee is confident that Defence’s ongoing efforts to improve its systems and capabilities will position Australia’s defence for long-term success.

"To finish, I would like to thank the Deputy Chair, Andrew Wallace MP, and other members of the subcommittee for their contributions to this inquiry. I also extend my thanks to the former Chair, Julian Hill MP, for his critical contributions to the inquiry as the former chair of the subcommittee. I thank the Committee Secretariat and the significant support from Defence in briefing the subcommittee and supporting its site visits in Queensland and Victoria.’

The Defence Subcommittee’s recommendations are for:

  • Defence and the Department of Foreign Affairs and Trade to establish a dedicated 'one-stop-shop' – to streamline Australia’s efforts to support Ukraine to ensure that we are more efficient and effective when providing assistance going forward.
  • The Department of Defence and Department of Foreign Affairs and Trade publish a summary of its decision-making processes, enabling the public to understand the rationale behind these decisions and increasing trust in our actions.
  • The Department of Foreign Affairs and Trade to re-open Australia’s embassy in Kyiv inclusive of an Australian military attaché.
  • Defence and its health contractor to investigate delays with the provision of medical specialist services and take steps to ensure timely service delivery that meets the needs of our personnel.
  • Defence address shortcomings with cyber and space worthiness systems.
  • Defence establish test and evaluation frameworks, ensuring systems are thoroughly validated before deployment. Additionally, we must address challenges such as automation bias and ensure that our personnel are trained to understand the limitations of these new technologies.
  • Defence to continue adhering to the requirements of Article 36 of the Geneva Conventions and other relevant international obligations as we develop, acquire, and deploy new defence technologies.
  • In order to reduce supply chain vulnerabilities in times of conflict or other disruptions Defence sourcing more components domestically.
  • Defence to develop a transparent reporting framework for Guided Weapons Explosive Ordnance stock holdings to allow for the tracking of progress and enhancements to Australia’s self-reliance in munitions production.

Further information in relation to the inquiry is available from the JSCFADT’s website.

 

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PJCIS recommends urgent passage of cyber security laws

The legislative package consists of the Cyber Security Bill 2024the Security of Critical Infrastructure and Other Legislation Amendment (Enhanced Response and Prevention) Bill 2024 and the Intelligence Services and Other Legislation Amendment (Cyber Security) Bill 2024.

The Cyber Security Legislative Package intends to implement seven initiatives under the 2023-2030 Australian Cyber Security Strategy, which aims to bring Australia in line with international best practice and to help ensure Australia is on track to become a global leader in cyber security.

The PJCIS received more than 60 submissions and held two public hearings with a range of industry, government and civil society organisations. There was broad support for the bills amongst most contributors to the inquiry, with many having been involved in an extensive consultation process prior to the bills being introduced.

Senator Raff Ciccone, Chair of the PJCIS, said, “The committee recognises that hardening Australia’s cyber resilience and implementing the 2023–2023 Australian Cyber Security Strategy is an urgent priority of the Government and this Parliament.

“In response to matters raised by contributors to the inquiry, the committee has made a total of 12 recommendations, mostly aimed at ensuring the implementation of the package is as effective as possible and subject to ongoing review," Senator Ciccone said.

“Noting the extensive consultation process that the Department of Home Affairs has already conducted — and subject to implementation of the recommendations in this report — the committee supports the urgent passage of the legislative package.”

The full report and further information on the inquiry can be obtained from the Committee’s website.

 

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Speaker takes Parliament to Longreach

OVER THE NEXT two days, the Speaker of the House of Representatives, Milton Dick MP is in Central Queensland with the Leader of the Nationals, David Littleproud MP, as part of the Parliament in Schools program.

Students will learn about federation, democracy and the Australian Parliament, as well as hear first-hand from the Speaker and their local member on what a typical day looks like in their electorate and when they are in Parliament House for sitting weeks.

With the Leader of the Nationals, the Speaker will visit:

  • Longreach State High School, Longreach;
  • Muttaburra State School, Muttaburra;
  • Longreach School of Distance Education, Longreach;
  • Longreach State School, Longreach (including Ilfracombe State School, Isisford State School and Stonehenge State School who will attend on the day); and
  • Our Lady’s Catholic Primary School, Longreach.

“Since I launched this program, I have visited over 135 schools across Australia – from King Island to Far North Queensland to Nullagine, and now to Longreach," Mr Dick said.

“The Parliament in Schools program is an integral part of improving civics education across Australia.

“These students are our future leaders, and it is important that we equip them with the information and tools they need, to go on to be active and engaged citizens.”

About the Parliament in Schools program

Launched in September 2022, the Parliament in Schools program is a bi-partisan initiative to make civics education accessible to students regardless of their location. In collaboration with local federal members, the Speaker is visiting schools across Australia to bring parliament to them.

The program is an extension to well-established PEO onsite, digital and outreach education programs available to schools across Australia.

It also complements the existing PEO online and print resources that are curriculum-aligned, for Australian teachers and students.

 

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Public Health Association and VicHealth experts put business impact on public health under the spotlight

ECONOMISTS and public health experts will gather in Melbourne today and tomorrow, November 18-19, to discuss how commercial factors affect Australia's collective health, and how to balance these priorities.

Hosted at Melbourne Convention and Exhibition Centre by the Public Health Association of Australia (PHAA) and VicHealth, the inaugural Commerce, Economy, Trade, and Public Health Conference represents an important gathering for advancing economic and public health collaboration.

It brings together economists, and experts from trade, commerce and public health, to explore how the decisions that businesses make – from local to major corporations – can significantly influence lives, health, and the planet.

On the agenda are topics like the illicit tobacco trade and whether Australia should follow Ireland’s lead and put cancer-warning labels on alcohol. The conference program and abstracts are available here.

“This is an opportunity to ask – how are the rules of commerce and trade, and economic drivers, impacting how we live and how healthy we are?” PHAA CEO, adjunct professor Terry Slevin said.

“Junk food and alcohol marketing, the proliferation of gambling, and unequal access to medicines around the globe are the obvious examples of how commerce, economy and trade shape the broader conditions that affect our health.

“But behind the influences of those business sectors are multi-lateral and bilateral trade agreements, tariffs, and a multitude of regulations and drivers that we need to better understand – and where necessary, seek to influence.

“This is an important moment to consider how to balance financial and economic objectives with public health.”

VicHealth’s executive manager  for Health Promotion Systems, Michelle Murray, said, “VicHealth is proud to work alongside PHAA on this inaugural event. It is a valuable opportunity to share insights, enabling a deeper understanding of the impact corporations have on our collective health and wellbeing.”

The conference is being held at the Melbourne Convention and Exhibition Centre, Naarm/Melbourne. It will include in-person and online attendance and feature a mix of keynote speakers and panel discussions.

phaa.net.au  

www.vichealth.vic.gov.au/about/what-we-do

 

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CA ANZ Statement on Parliamentary Joint Committee on Corporations and Financial Services Report

CHARTERED ACOUNTANTS ANZ (CA ANZ) has acknowledged the work of the Parliamentary Joint Committee into Ethics and Professional Accountability: Structural Challenges in the Audit, Assurance and Consultancy Industry and has engaged extensively with the committee through appearances, submissions and responding to questions on notice.

"The committee’s report is extensive and requires time to be carefully considered," a CA ANZ spokesperson said. "On initial review, we are pleased to see some recommendations echo our own Going Further roadmap. 

"In particular, the strengthening of resourcing and effectiveness of the chief government auditor regulator, Australian Securities and Investments Commission (ASIC), and other bodies such as the Companies Auditors Disciplinary Board, as well as recommendations in relation to whistleblowers and whistleblower protections.

"We also welcome recommendations focused on improving accountability and transparency of large firms. Enhancing the reporting and governance obligations of large professional services firms is also a central tenant of our roadmap to enhancing trust and accountability within the profession," the spokesperson said.

"Protecting the term ‘accountant’ with legislation (Recommendation 27), so that only qualified accountants who are members of a professional body can use it, is a very positive step to safeguarding our profession and points to the valuable role our members play in the Australian economy.

"However, there are also recommendations that do not appear to consider evidence provided to the committee.

"Recommendation 25, seeking a review by the Australian Government into professional accounting bodies investigatory and disciplinary processes, with a view to potentially establishing a single independent body to perform these functions, is based on an assumption there are no mechanisms in place within accounting bodies to prevent and manage conflicts of interest, the spokesperson said.

"As we clarified in our opening statement here, CA ANZ is a private membership body with by-laws that enable us to hold our members to account, and in some cases expel them from our community.

"As associations with an approved professional standards scheme and members of the International Federation of Accountants (IFAC), all professional accounting bodies have the same obligations to implement conduct rules and processes.

"We have already provided extensive evidence that shows our conduct and disciplinary framework is entirely independent from board and management, with the independent Professional Conduct Committee, Disciplinary Tribunal and Appeals Tribunal comprised of senior chartered accountants, lawyers, ethicists and academics.

"Our independent conduct team applies the rule of law without fear or favour, and all CA ANZ members are subject to the same conduct rules regardless of where they work.

"In 2022, we conducted an extensive review of our framework and last year our members voted in favour of a number of recommendations to strengthen our ability to respond to behaviour deemed unethical, including increasing fines for firm events fivefold.

"As we have outlined to the committee, the ability to impose significant fines, like we have seen from the Public Company Accounting Oversight Board (PCAOB), requires statutory powers under legislation. During recent appearances at both the Senate and Parliamentary Joint Committees, CA ANZ said we would gladly accept the ability to do the same, should the government choose to go down that path," the spokesperson said.

"In relation to Recommendation 3, we are not persuaded that changes to partnership caps will drive better governance or culture in firms. Partnership caps in the corporations legislation are historic and have been repealed in other jurisdictions as irrelevant. 

"CA ANZ does not shy away from scrutiny and transparency. This is why we have already taken steps to publish and proactively provide to key stakeholders a Professional Standards Annual Report for Australia, with information regarding reviews, conduct, discipline and other relevant information," the spokesperson said.

"We also currently report to the Financial Reporting Council (FRC), Tax Practitioners Board (TPB) and Professional Standards Council (PSC). We believe Recommendation 25 is duplicated effort and does not mirror approaches in other sectors with a scheme.

"CA ANZ is continuing to review the recommendations and will provide its membership with a comprehensive response to the report in due course."

www.charteredaccountantsanz.com

 

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Audit Committee examines public service frameworks for artificial intelligence

THE Joint Committee of Public Accounts and Audit (JCPAA) will hear from a range of entities this coming Friday, November 15, as part of its inquiry into the use and governance of artificial intelligence systems by public sector entities.

Chair of the JCPAA, Linda Burney MP, said, "It is critical that overarching frameworks are in place to support public sector entities while they consider how they may best use emerging technologies such as artificial intelligence.

"Our inquiry has so far received submissions from a range of entities describing their current and planned use of these technologies. The committee looks forward to speaking with key entities and policy owners to determine how whole-of-government frameworks are operating and whether improvements need to be made.’

Hearing program

Friday 15 November 2024
Committee Room 1R3
Parliament House

9am - Policy roundtable

Department of Finance
Attorney-General’s Department
Department of Home Affairs
Australian Signals Directorate
Australian National Audit Office             

11am - AI in Government Taskforce roundtable

Department of Industry, Science and Resources
Digital Transformation Agency
Australian National Audit Office

12pm - Commonwealth Ombudsman

12.45pm - Commonwealth Scientific and Industrial Research Organisation

1.30pm - Close

Further details of the inquiry – including the submissions received and public hearings – are available on the inquiry website.

 

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Redress Scheme inquiry report to be published soon

THE Joint Standing Committee on Implementation of the National Redress Scheme anticipates it will finish its inquiry into the operation of the National Redress Scheme in November 2024.

Over the course of the inquiry, the committee has received more than 50 submissions and held 11 public hearings. Evidence received has highlighted areas the committee has examined including:

  • the experience of First Nations applicants and applicants with disability in their dealings with the Scheme;
  • accessibility, performance and effectiveness of support services and legal advice for survivors and their advocates;
  • barriers and complications experienced when accessing the Scheme, such as with language, communication and cultural safety;
  • the need for increased resources for redress legal services and counselling support services to better meet demand and reduce long waiting periods;
  • concerns regarding delays processing applications, the consistency of redress outcomes and the transparency of decisions.

Senator Catryna Bilyk, Chair of the Joint Standing Committee on Implementation of the National Redress Scheme, said, "The committee is grateful for the submissions received later in the inquiry and is taking the time needed to ensure this evidence is considered. This has resulted in the expected completion of the inquiry to be extended from October to November."

"The evidence we have received has been extremely important to this inquiry and the committee is working hard to consider this evidence carefully and respectfully in the drafting of its report. The committee appreciates the efforts taken by contributors of this inquiry and hopes to provide a report that reflects the evidence provided throughout the inquiry."

 

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Nuclear inquiry to visit Queensland

AS PART of its inquiry into nuclear power generation in Australia, the House of Representatives Select Committee on Nuclear Energy will conduct multiple public hearings and site visits in Queensland from November 12 to 15.

The committee will visit Biloela, Nanango and Brisbane. Committee Chair, Dan Repacholi MP, the Federal Member for Hunter, said, “The committee has prioritised visiting towns that have been earmarked for potential nuclear plants so that we have a firsthand understanding of the communities that may be impacted.

“The future of Australia’s energy supply is of critical, national significance. We are eager to hear from a range of stakeholders about the opportunities, logistics and impacts of potentially deploying nuclear power in Australia.”

The hearings can be accessed online.

The committee will be holding further public hearings in Victoria, South Australia, New South Wales and Western Australia in December 2024. 

Programs for all hearings and further information about the inquiry,  including the inquiry terms of reference are available on the committee’s website.

The Select Committee on Nuclear Energy is seeking submissions by Friday, November 15.

Public hearing details

Date: Wednesday 13 November 2024
Time: 8:30am – 12:15pm (AEST) (approximately)
Location: Biloela ANZAC Memorial Club, 94 Callide St, Biloela QLD.

Date: Thursday, 14 November 2024
Time: 8:30am –12:15pm (AEST) (approximately)
Location: Nanango Services Club, 24-26 Henry St, Nanango QLD.

Date: Friday 15 November 2024
Time: 8am – 2:45pm (AEST) (approximately)
Location: Hotel Grand Chancellor Brisbane, 23 Leichardt St, Spring Hill QLD.

 

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Treaties Committee recommends ratification of the Marine Aids Convention

THE Joint Standing Committee on Treaties has tabled a report recommending the ratification of the Convention on the International Organization for Marine Aids to Navigation (the Marine Aids Convention).

The Convention establishes the International Organization for Marine Aids to Navigation, which will replace the International Association of Marine Aids to Navigation and Lighthouse Authorities and continue its work on harmonising marine navigation systems worldwide.

"A key feature of the organisation’s work has been to promote the harmonisation of marine navigation aids internationally, so that mariners can expect the same set of rules and systems no matter who’s waters they are sailing in," Committee Chair Lisa Chesters MP said.

"Although the Internal Association of Marine Aids to Navigation and Lighthouse Authorities was a peak body with international membership, some governments and organisations were unable to join the association because it was a non-governmental organisation. As an intergovernmental organisation, the new body will benefit from increased membership and sponsorship."

The committee supports ratification and recommends that binding treaty action be taken.

The report also contains the minor treaty action 2022 Amendments to Annexes II, VIII and IX of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.

The report can be found on the Committee website, along with further information on the inquiry.

 

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