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PJCIS to consider Comprehensive Review and Other Measures Bill No. 2

The Bill also proposes to amend the Intelligence Services Act 2001 (IS Act) to provide certainty regarding the level of detail required to describe the directed activities in a Ministerial direction to the Australian Secret Intelligence Service under paragraph 6(1)(e) of the IS Act. In addition the bill proposes amendments to the IS Act on the composition and associated quorum requirements of the Parliamentary Joint Committee on Intelligence and Security (PJCIS).

Peter Khalil MP, Chair of the PJCIS said, “The committee’s (PJCIS) review of this national security Bill is an important Parliamentary oversight of the implementation of the recommendations of the Richardson Review. The PJCIS review process adds an extra layer of assurance that these changes are not only appropriate but will not have unintended impacts.”

The Attorney-General has requested that the committee report by the end of April 2023. Accordingly, submissions to the inquiry are invited by midday on Thursday, April 6, 2023. The committee acknowledges the very tight timeframe requested for submissions and appreciates all efforts to support the committee with its review.

Further information on the inquiry can be obtained from the Committee’s website.

 

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Proposed constitutional reform legislation referred to new Joint Select Committee

The proposed provisions to amend the Constitution by referendum have been referred to the newly established Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum for inquiry and review.

The Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023 (Bill), introduced to the House by Attorney-General Mark Dreyfus MP, would – if passed at a referendum – amend the Constitution to recognise Aboriginal and Torres Strait Islander peoples as the First Peoples of Australia.

It would also establish the Voice, intended to be an enduring institution to ensure that Aboriginal and Torres Strait Islander peoples can make representations to the Commonwealth Parliament and the Executive Government on matters that relate to them, improving the development and implementation of laws and policies.

Committee Chair Senator Nita Green said, "The government has now released the legislation which will ultimately be the mechanism to change the Constitution once it has been taken to the Australian public. This is a critical opportunity for the Parliament to examine the legislative provisions and hear from experts to ensure that the bill gives effect to the creation of the Voice.

"The committee is focused on the question of whether the legislative provisions achieve what is intended and give effect to the Government’s stated objectives before it moves to referendum," Senator Green said.

The committee has invited written submissions addressing the provisions of the bill. Submissions to the inquiry must be prepared solely for the inquiry and should not be published prior to being accepted by the committee.

"Prospective submitters should note that the committee does not intend to accept submissions that do not specifically address the provisions of the bill," Senator Green said.

Submissions are requested by COB Friday, April 21, 2023. Further information about making a submission to a committee inquiry can be found at the following link.

The committee intends to hold public hearings. The dates and locations of hearings will be decided shortly and published as soon as possible, a spokesperson said.

Further information on the inquiry can be obtained from the committee’s website.

 

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‘War Powers’ Inquiry into international armed conflict decision making

Defence Subcommittee Chair, Julian Hill MP, said, “The power to declare war and send military personnel into conflict is arguably the most significant and serious institutional power, and the gravest decision a government can make.

“Through this inquiry, the committee has carefully and seriously considered fundamental questions regarding decision-making in relation to international armed conflict and parliamentary oversight, both preceding and during the commitment of the Australian Defence Force.

“The committee has concluded there is a clear need to improve the transparency and accountability of government decision-making in relation to armed conflict. Australia’s system of parliamentary democracy is likely to be kept healthy, effective, and well-adapted by making sensible changes that respect our well-established institutions and conventions," Mr Hill said.

“Accompanying recommended changes to the Cabinet Handbook and new Standing Resolutions of both Houses of Parliament, the government has an historic chance to exercise leadership and establish the Joint Statutory Committee on Defence to enhance Australia’s national security while providing increased parliamentary scrutiny of Defence.

“In 1988, Prime Minister Bob Hawke created the Parliamentary Joint Committee on ASIO, rejecting the advice of the Hope Royal Commission not to enhance parliamentary oversight of the intelligence agencies. History has proved he was right to do so, and the government is encouraged to emulate Prime Minister Hawke’s example and act to strengthen national security and enhance the accountability of Defence to the Parliament.

“The committee is convinced that greater transparency and parliamentary consideration of the decision to commit forces to an armed conflict can and must occur, and commends this report, on this most serious of subjects, to the Government”.

The committee’s recommendations are to:

  • Reaffirm that decisions regarding armed conflict are fundamentally a prerogative of the Executive, while acknowledging the key role of Parliament in considering such decisions, and the value of improving the transparency and accountability of such decision-making in the pursuit of national interests.
  • Amend the Cabinet Handbook to:
    • Restore the primacy of the Governor-General under Section 68 of the Australian Constitution to give effect to decisions of government in relation to war or warlike operations, particularly in relation to conflicts that are not supported by resolution by the United Nations Security Council, or an invitation of a sovereign nation
    • Require a written statement to be published and tabled in the Parliament setting out the objectives of major military operations, the orders made and legal basis
    • Require Parliament to be recalled as soon as possible to be advised and facilitate a debate in Parliament at the earliest opportunity following a ministerial statement, based on the 2010 Gillard model, including a statement of compliance with international law and advice as to the legality of an operation
  • Introduce Standing Resolutions of both Houses of Parliament to establish expectations of Executive Government in relation to accountability for decisions in relation to international armed conflict, including regular Statements and Updates from the Prime Minister and Minister for Defence.
  • Establish via legislation a new Joint Statutory Defence Committee, modelled on the Parliamentary Joint Committee for Intelligence and Security, able to receive classified information to improve parliamentary scrutiny of Defence strategy, policy, capability development acquisition and sustainment, contingency planning, and major operations.

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

 

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Online gambling companies and major sporting codes to appear before parliamentary committee

THE House Standing Committee on Social Policy and Legal Affairs will hold public hearings on Tuesday, April 4 and Wednesday, April 5 as part of its inquiry into online gambling and its impacts on those experiencing gambling harm.

Chair of the committee, Peta Murphy MP, said, “On Tuesday, we will question Sportsbet, Tabcorp and Entain (operator of brands Ladbrokes and Neds), and the peak industry body Responsible Wagering Australia, about whether industry is doing enough to limit the harm of online gambling in the Australian community.”

“Research released last week by the Australian Institute of Family Studies (AIFS) shows that Australians support greater restrictions on gambling advertising, and that gambling advertising encourages people to gamble and to do so in more risky ways.

“The AFL and NRL are major beneficiaries of sports betting, including through sponsorship and advertising, and receiving a proportion of each bet placed on their games. The Committee is interested in hearing how this aligns with the promotion of their codes as family-friendly and socially responsible organisations.” Ms Murphy said.

Also appearing on April 4 are the Australian Banking Association, the Australian Lottery and Newsagents Association, The Lottery Corporation, the Department of Social Services, the Department of Infrastructure, Transport, Regional Development, Communications and the Arts, and the Australian Communications and Media Authority.

On Wednesday, March 5, the committee will hear from the AIFS about their new research findings.

Programs for the committee’s upcoming hearings are available on the inquiry website here.

The hearings will be live streamed on the APH website: www.aph.gov.au/live.

Public hearing details

Date: Tuesday, 4 April 2023Time: 8:30am to 4:00pm AESTLocation: Committee Room 2R1, Parliament House, Canberra and via videoconference

Date: Wednesday, 5 April 2023Time: 2:00pm to 2:50pm AESTLocation: Via videoconference

Further information about the inquiry, including published submissions, hearing dates and transcripts, are available on the inquiry webpage.

 

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Report released on assistance to stranded Australians during COVID-19

COMMITTEE Chair, Julian Hill MP today tabled the Joint Committee of Public Accounts and Audit‘s report on the Department of Foreign Affairs and Trade's (DFAT) crisis management arrangements during COVID-19.

The committee examined DFAT's role in facilitating the return of Australians who had been stranded overseas during the pandemic due to border closures and travel restrictions, based on a performance audit of this response by the Australian National Audit Office.

The committee expressed deep concern regarding DFAT’s evidence that no advice was provided to inform certain public statements made by Ministers in the previous government during the pandemic.

“This led to confusing and misleading public messaging to stranded Australians in 2020 and 2021, and underscores the responsibility of government ministers to ensure they are informed by sensible and evidence-based advice before making public commitments in such sensitive areas,” Mr Hill said.

“The committee also considers that more could and should have been done by the Commonwealth to provide adequate quarantine facilities later in the pandemic. This was one of the key constraints upon DFAT’s ability to bring stranded Australians home.”

The committee made several unanimous recommendations aimed at strengthening the Australian Government's future crisis response, and ensuring that lessons learned from COVID-19 would be incorporated into existing frameworks, including that:

  • the government formally respond to the 2021 Halton review into hotel quarantine arrangements
  • human rights considerations be incorporated into the Australian Government Crisis Management Framework, and
  • the Auditor-General consider an audit of the updated version of this Framework.

Mr Hill commended the department for its ongoing dedication to assisting Australians across the globe, saying that “it is important that DFAT and the wider Australian Public Service learn from the unprecedented global crisis that COVID-19 posed, so that the Australian Government will be better prepared to assist our most vulnerable citizens during future crises".

The committee focused on matters relating to DFAT's data capability, response coordination, assistance for vulnerable Australians, and procurement practices under the crisis management framework.

The report is available on the Committee’s website.

 

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