Page 1808 - Week 06 - Thursday, 9 May 2013
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As part of considering whether to release cabinet information, the Auditor-General must consult the Chief Minister as the chair of cabinet. This allows the Chief Minister to identify information that may be relevant to the Auditor-General’s assessment. The amendment also provides a seven-day notice period on release of contested information.
Clause 42 of the bill addresses public accounts committee recommendations that relate to independent audits of the Auditor-General’s office.
The committee recommended the introduction of a wider concept of strategic review, that it be clear that a strategic review should occur every four years, and that it also be clear that the public accounts committee initiates the audit. This clause also includes a new requirement for the independent auditor to be suitably qualified.
Under the bill, a strategic review must occur every parliamentary term. The public accounts committee decides on the timing of the review and requests that the Speaker appoint the strategic reviewer. This is different from the process currently in the act, but aligns with the anticipated direction in future officer of the parliament legislation. This is also consistent with the public accounts committee recommendations.
The terms of reference for the review will be developed by the public accounts committee, in consultation with the minister with responsibility for the Auditor-General Act. The strategic reviewer has the same powers as the Auditor-General, except for the new power that allows the Auditor-General to make decisions on inclusion of cabinet information in the report. The strategic reviewer, as well as the auditor of the Auditor-General’s annual financial statements, may include cabinet information in a report only if it has already been published—for example, in a previous audit report or by the government. This will not interfere with the roles of people contracted to carry out these short-term and specific functions but it does provide appropriate protections for decisions around release of cabinet documents. The strategic reviewer will continue to have the current power to access these documents.
Clauses 42 to 46 set up a new part 5A of the act to provide a new structure for existing provisions on protected information and relevant offences. Changes are made to reflect current drafting practice and standard approaches to offence provisions.
The remaining clauses in the bill relocate some existing provisions relating to the employment of the Auditor-General into the body of the act—this improves the sequencing of the act; no changes are made to the content of these provisions—make minor amendments to definitions at the end of the act; and make some minor consequential amendments to other acts to update references to the Auditor-General Act section numbers that are changed by this bill.
I commend the bill to the Assembly.
Debate (on motion by Mr Smyth) adjourned to the next sitting.
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