Page 786 - Week 02 - Thursday, 23 February 2012
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The bill establishes a robust, transparent and consultative process for appointing a Clerk of the Legislative Assembly as well as procedures for suspension, retirement or termination of appointment of a Clerk, which embody principles of procedural fairness not present in the existing provisions of the Public Sector Management Act.
It is important that the office continues to maintain a high level of accountability and transparency in its use of taxpayer funds in acquitting its functions. To this end, the bill provides for annual reporting obligations of the office to account for the management of the office during the financial year. These provisions are in line with those that currently operate for the Auditor-General, and the bill makes clear that the office is not subject to an annual report direction issued by the relevant minister.
A major advancement in providing for the effective separation of the legislative arm of the government from the executive arm is an amendment in the bill to the Financial Management Act 1996 which provides for “a separate appropriation act for an appropriation for the Office of the Legislative Assembly”. This is a practice adopted in other Australian jurisdictions and recognises that the funds that are to be provided to support the operation of the legislature should be considered separately by the legislature rather than as part of an omnibus appropriation bill for the operations of executive government.
The bill also provides a greater degree of transparency in the budget appropriation for the office. Where the amount that appears in the office’s appropriation bill is less than that sought by the Speaker on behalf of the Standing Committee on Administration and Procedure, the Financial Management Act as amended requires that the Treasurer present to the Assembly a statement of reasons for departing from the recommended appropriation.
This provision establishes a mechanism for the legislature itself to be made aware of the basis for the executive’s decisions in framing the appropriation for the office. The mechanism does not encroach on the financial prerogative of the Crown embodied in section 65 of the Australian Capital Territory (Self-Government) Act in a way that a more assertive legislative proposal which requires the executive to appropriate the quantum of funds sought by the legislature would do.
It is important that the office maintain appropriate procurement practices and seeks value for money when purchasing goods or services, and the bill makes it clear that the Procurement Act applies to the office except in relation to certain review functions that are typically exercisable by the Government Procurement Board and the relevant minister with respect to other territory entities. For instance, the minister is not able to ask the board for information about its operations in relation to the office and nor may the minister give directions to the board about the exercise of its functions in relation to the office. However, to preserve an oversight role for the board, the Speaker rather than the minister is able to refer a procurement proposal of the office to the board for review and advice.
This bill contains significant consequential amendments in relation to the Public Sector Management Act 1994 to enhance the independence of the office. Recognising
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