Page 2321 - Week 06 - Thursday, 10 May 2012
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Auditor-General by stating that the Auditor-General cannot be directed by any person. There is also a complementary provision that Auditor-General staff can be directed only by the Auditor-General or a person authorised by the Auditor-General.
The bill requires an oath or affirmation of office along with a disclosure of interests and a prohibition of other remunerative employment for the Auditor-General. It includes a power to suspend the Auditor-General in certain circumstances, requires that the Auditor-General consult on an annual performance audit program, a new power to audit non-government entities in receipt of government funding but subject to some prerequisites set out in the bill, takes a broader approach to the independent performance audits of Auditor-General operations through a wider concept of strategic review and ensures independent audits of the Auditor-General occur once each parliamentary term and that the independent auditor is appropriately qualified. Other changes were recommended by the committee to clarify the intention of the act in a number of areas.
The government has also included other changes to support joint or collaborative audits by commonwealth, state and territory auditors-general, to provide the Auditor-General with access to legal aid records for the purposes of performance and financial audits through a consequential amendment to the Legal Aid Act 1977, although there is also a restriction on reporting clients’ information, reflects the role of the Head of Service in consultation on draft audit reports and updates existing provisions to enhance consistency with human rights standards. A number of other changes are made to the sequence of the act’s provisions to reflect more recent drafting practice.
As recommended by the public accounts committee in its inquiry, a new section in clause 8 of this bill designates the Auditor-General as an officer of the Legislative Assembly. This section also makes clear that the powers of the Auditor-General are as set out in the act and other territory laws and that there are no implied powers of the Assembly arising from this role. Along with the committee’s recommendation to make it clear that the Auditor-General cannot be directed by any person, the bill also groups together all the provisions relating to the Auditor-General’s appointment and role in the one place. In the act these provisions are currently split between sections in the body of the act and a schedule. This change provides a better sequencing and makes the act easier to understand. Other provisions in clause 8 of the bill include an oath or affirmation of office to be made before the Speaker.
A disclosure of interests is also included in new section 9F. This disclosure of interests is to be provided by the Auditor-General to the Speaker as well as to the Chief Minister. To protect personal information, the bill makes this disclosure protected information under the act. This upholds Human Rights Act standards about individuals’ rights to privacy. The oath or affirmation and the disclosure of interests must be provided within a month of the appointment of the Auditor-General. Transitional provisions in the bill mean an already appointed Auditor-General must meet the new requirements within a month of the commencement of these changes. Additional paid employment by the Auditor-General is also prohibited.
A new power to suspend the Auditor-General is also added to the existing power to remove the Auditor-General from office. Both of these provisions now also include a
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