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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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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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Audit Committee bonanza: Public hearings for three Commonwealth expenditure inquiries

THE Joint Committee of Public Accounts and Audit (JCPAA) will hold public hearings this week for its inquiries into Commonwealth procurement, Commonwealth Grants Administration and the Commonwealth Financial Statements 2021-22.

THURSDAY: Procurement Inquiry wrapping up

Thursday 30 March 2023Time: 8am – 9amVenue: Committee Room 2R1, Parliament House, Canberra

The Australian National Audit Office (ANAO) and the Community and Public Sector Union will appear before the JCPAA to further discuss concerns about contract management by the Department of Home Affairs. This hearing will allow the Committee to sum up the broader evidence received throughout the inquiry in what is likely to be the last hearing.

FRIDAY: Grants Administration Inquiry continues

Friday 31 March 2023Time: 8.30am – 10amVenue: Committee Room 2R1, Parliament House, Canberra

On Friday, JCPAA will welcome the Department of Finance and the ANAO for the final hearing for the inquiry into Commonwealth Grants Administration. The Committee will consider questions on the effectiveness of the Commonwealth Grants Rules and Guidelines and best practice in the administration of grants programs.

FRIDAY: Commonwealth Financial Statements Inquiry kicks off

Friday 31 March 2023Time: 10:15am – 12:30pmVenue: Committee Room 2R1, Parliament House, Canberra

Also on Friday, the JCPAA will commence public hearings for its inquiry into the Commonwealth Financial Statements. Key themes to be explored include:

  • ANAO concerns regarding Defence’s use of appropriations
  • Financial sustainability of government departments, in the context of media reports that the Department of Agriculture, Fisheries and Forestry is “on the cusp of requiring a financial bailout”, and concerns regarding the Department of Home Affairs.

Committee Chair, Julian Hill MP, noted that these themes were just two of many matters raised in the ANAO’s audit findings from its review of the financial statements.

"The committee has a particular interest in understanding how Commonwealth entities are managing their financial resources to meet their present and future funding commitments," Mr Hill said.

Further information about the inquiries is available on the Committee website.

 

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Committee supports covert powers for Anti-Corruption Commission

THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) today presented its Advisory Report on Item 250 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022.

The report considers Item 250 of the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022, which was passed into law in December 2022.

Item 250 amended section 110A(1) of the Telecommunications (Interception and Access) Act 1979 (TIA Act) to allow the National Anti-Corruption Commission (NACC) access to stored communications and telecommunications data.

The committee made seven recommendations in relation to the reform of Australia’s electronic surveillance framework, parliamentary privilege and security of information.

The committee noted that Item 250 gives a wide range of covert powers to the NACC and considered the effect of the use of these powers on parliamentary privilege. The committee recommended the Government ensure the protection of parliamentary privilege in relation to the use of covert powers in its Reform of Australia’s Electronic Surveillance Framework.

Further the Committee considered that the TIA Act should be expressly amended to ensure that the provisions of that Act do not abrogate parliamentary privilege.

The committee also recommended that, given the sensitivity of information to be collected and stored by the NACC, it should be required to comply with the Essential Eight Maturity Model to Maturity Level Three as recommended by the Australian Cyber Security Centre. Finally, the committee recommended that employees at the NACC hold a security clearance of at least Negative Vetting Level 1, with increased requirements up to Positive Vetting depending on their access to sensitive information.

Committee Chair Peter Khalil MP said, "The committee supports allowing what will be Australia’s premier anti-corruption agency the covert powers necessary to undertake its important work. The committee has recommended some additional measures to ensure that the NACC can operate effectively while ensuring necessary protections for parliamentary privilege, and for sensitive information.”

Further information on the inquiry as well as a copy of the report can be obtained from the Committee’s website.

 

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Joint Standing Committee looks at promoting Australia’s capital territory

THE Joint Standing Committee on the National Capital and External Territories will examine ways to foster and promote the significance of Australia’s National Capital in a new inquiry launched today. 

Committee Chair, Alicia Payne MP, said, “Our National Capital belongs to all Australians, and is a city that all Australians should be proud of. Canberra is home to 500,000 Australians and a destination for millions of visitors every year. It is important that Canberra be equipped to meet the expectations and needs of a city designed to reflect who we are as Australians.

“This inquiry will investigate a range of matters relating to Canberra’s role as the national capital, including how national institutions tell the story of Australia, its importance in reflecting Australia’s culture and values, its role in tourism and sport, and the infrastructure resources required to ensure it continues to play its significant role in the life of our country,” Ms Payne said.

The committee is welcoming submissions from interested individuals, organisations and community groups by May 5, 2023. Further information on the inquiry, including the terms of reference and how to contribute, is available on the committee’s website.

 

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Treaties committee supports ratification of landmark convention on eliminating violence and harassment at work

THE Joint Standing Committee on Treaties (JSCOT) has recommended ratification of the International Law Organization Convention concerning the elimination of violence and harassment in the world of work (No 190).

The convention is the first international instrument that commits International Labour Organization (ILO) members to respect, promote and realise the right of everyone to a world of work that is free from violence and harassment, including gender-based violence and harassment.

JSCOT Chair Josh Wilson MP said, “Violence and harassment in the world of work is still far too common. In the five years prior to the 2022 Time for Respect Survey, 41 percent of women experienced sexual harassment at work in Australia.

"This convention offers a genuine opportunity for Australians to recognise that mutual respect and dignity are a central part of work, and to reduce the instances of violence and harassment in the workplace.”

The convention contains innovative provisions, including a world-first in international labour standards in the form of a comprehensive definition of violence and harassment in the world of work, including gender-based violence and harassment.

“In recent years, violence and harassment at work in Australia has been a major part of our national conversation and we have seen long-awaited improvements to our domestic law and policy," Mr Wilson said.

"The committee concluded that ratifying this first-of-its-kind convention would be an important milestone in Australia’s continuing efforts to respond to this issue.”

The convention covers all workers and other persons in the world of work, from full time employees to gig-economy workers, and from people who are in training or volunteering to workers who have lost their jobs.

The convention also covers work in public or private spaces, travelling to and from work, rest breaks, and work-related travel and training.

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

 

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VET Inquiry public hearings commence

THE House of Representatives Standing Committee on Employment, Education and Training is holding the first public hearing for its inquiry into the perceptions and status of VET.

Lisa Chesters MP, Committee Chair, said, “The committee is commencing its hearings for this important inquiry by hearing from the Department of Employment and Workplace Relations and Jobs and Skills Australia."

Ms Chesters said, “The Department has responsibility for the Commonwealth skills and training portfolio, and these hearings will provide the Committee with the opportunity to understand and examine the current policy environment before hearing from other stakeholders at future hearings.”

The committee will seek to hold further public hearings over the coming months, with groups and organisations including National Rugby League, TAFE Directors Australia, the Australian Education Union, education peak bodies, employer groups, unions, academics and others.

Details of these public hearings will be posted on the committee website when available. More information on the inquiry, including the full terms of reference and details on making a submission, can be found on the committee website.

 

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Australia has a once in generation chance to build social housing: Everybody's Home

NATIONAL housing campaign Everybody's Home is calling on the Federal Government and Senate to strengthen the social housing fund before Parliament.

Everybody’s Home spokesperson Maiy Azize said the Housing Australia Future Fund needed to be scaled up to match the scale of the crisis. 

“Australia is facing a housing crisis that has never been more dire," Ms Azize said. "Rents are surging, record numbers of Australians are in severe rental stress, and more and more people are being plunged into homelessness.

“We have a once in a generation opportunity to build up social housing. Australians in need expect the government to take action.

“If the government is serious about tackling this crisis, it should be scaling up the Housing Australia Future Fund to match the scale of the crisis we face. That means topping up its funding every year and uncapping the funding for social housing. That would get more badly needed dollars into housing and more homes built.

“We also need to make sure that this Fund actually delivers homes to the people who need them. That means making a binding commitment to build social homes, not just setting a target," Ms Azize said.

“Everybody's Home is calling on the government to strengthen this fund to make sure it delivers for Australians – and work with the parliament to pass it.”

www.everbodyshome.com.au

 

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Intelligence and Security Committee recommends passage of the IGIS Modernisation Bill

THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) today presented its Advisory Report on the Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Bill 2022.

The report considers the operation and effectiveness of the amendments proposed by the Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Bill 2022. The Committee recommended the Bill be passed following the implementation of the four remaining recommendations.

The committee considered that information sharing provisions between the IGIS and the committee could be improved and recommended that opportunities to improve information sharing should be pursued. The committee also recommended that an individual’s eligibility for appointment to the role of Inspector-General should occur after an appropriate period of time to be determined by the government, following the individual’s employment in an intelligence agency.

The remaining recommendations provide that the Office of National Intelligence develop an employment framework for staff engaged under their Act, and an amendment to the Bill to ensure consistency between integrity bodies’ legislation.

Committee Chair Peter Khalil MP said: ‘The committee supports improvements that allow the Inspector-General of Intelligence and Security to effectively oversee Australia’s intelligence agencies."

Further information on the inquiry as well as a copy of the report can be obtained from the Committee’s website.

 

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Builders thank government for HomeBuilder extension

MASTER Builders Australia has welcomed the decision by the Federal Government to extend the application deadline for the HomeBuilder scheme.

Master Builders CEO Denita Wawn said the building association appreciated the Federal, State and Territory governments' efforts to allow existing applicants who would miss the deadline of April 30, 2023 would have until June 30, 2025.

Weather disruptions and constraints in the supply chain including labour and material shortages have caused unprecedented delays to building timelines Mr Wawn said.

"We have seen the average time it takes to build a home shift from nine to over 12 months," she said. “The extension allows builders to ensure there’s adequate time to deliver on projects during a time that has seen a perfect storm of pressures in the industry.

“We thank Minister Julie Collins for listening to the concerns of builders and the community so Australians are not missing out on the opportunity to have their home building dreams become a reality.

“HomeBuilder effectively saved businesses and jobs during the height of the pandemic and was an appropriate support measure.

“Families rightfully seized the opportunity to enter the home ownership market and it’s only fair that these projects can be followed through to completion,” Ms Wawn said.

 

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Australia-Iceland Double Taxation Convention and Underwater Cultural Heritage Convention recommended for ratification

THE Joint Standing Committee on Treaties (JSCOT) has recommended the Australian Government ratifies the convention between Australia and Iceland for the Elimination of Double Taxation with respect to Taxes on Income and the Prevention of Tax Evasion and Avoidance and its Protocol (Reykjavík, October 12, 2022) (Tax Convention) and the convention on the Protection of the Underwater Cultural Heritage (Paris, November 2, 2001) (UCH Convention).

The Tax Convention would establish a framework for the taxation of cross-border transactions between Australia and Iceland. It identifies the persons and taxes to which the convention would apply, establishes where various types of income would be taxed, and specifies how relief from double taxation would be provided.

JSCOT Chair, Josh Wilson MP said, "This would be the 46th double taxation agreement to which Australia is a party. Eliminating double taxation through the Tax Convention would encourage expanded investment and economic activity between Australia and Iceland.”

The UCH Convention focuses on the protection and preservation of underwater cultural heritage that has been underwater continuously or periodically for at least 100 years.

Mr Wilson said: “Australia has become a leader in UCH and proudly helped to draft this convention. Ratification would allow more scope for Australia to assist other state parties in the preservation of Australian UCH outside our own waters, like war ships sunk in battle. Australia would also be able to lead by example and encourage other states in the Asia-Pacific to become state parties.”

The importance of preserving Aboriginal and Torres Strait Islander UCH was raised during the public hearing.

Mr Wilson said: “Academics report that over the past 20,000 years 2 million square kilometres of Australia’s continental landmass has been submerged. This means that many historic Aboriginal and Torres Strait Islander sites - dating back thousands of years - lie underwater and can be protected, preserved or studied.”

The committee considered evidence from the government that the harmonisation of Commonwealth, state, and territory legal regimes would be encouraged as a result of ratification. This would help create a more consistent protection and management of Aboriginal and Torres Strait Islander UCH.

“The preservation of Aboriginal and Torres Strait Islander underwater cultural heritage is of vital importance to Australia, and this can be better protected through the provisions of the Convention,” Mr Wilson said.

The convention would also provide for public awareness of UCH, education, research, training in underwater archaeology and the exchange of technology. Notably, the Convention contains an Annex of Rules for activities directed at UCH. 

As part of its inquiry into UCH, the committee heard from a range of stakeholders in the field of UCH including government, non-government organisations, academics, and other specialists who all supported ratification.

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

 

 

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