accountability of the executive and public service Flashcards
IMR Definition
The Convention that all ministers are accountable to parliament for the handling of their portfolio as well as their own probity and propriety.
IMR: Code of Conduct: Howard
1996 John Howard intro Ministerial Code of Conduct.
- Vital ministers and parliamentary secretaries do not undermine public confidence in them or the govt
- Ministers must be honest in public dealings
Gillard’s changes/additions to the code of conduct
- New standards introduced obligations in dealing with lobbyists
- Stricter rules on investment disclosures
- A bar on some lobbying activity for a period of time after serving as minister
- Putting a stop to fundraising at the Lodge and Kirribili house
Mistakes in code of conduct
MISTAKE: DID NOT INTRO ANY CHANGES TO TYPES OF FAILURES THAT MINISTERS SHOULD BE HELD ACCOUNTABLE FOR. Rules too vague! Can wriggle out, reshuffle instead of punishment
Fitzgibbon breach code of conduct
2009 – Fitzgibbon = Minister for Defence
He resigns under IMR. (Becomes backbencher) Because:
• His brother (Head of Private Health Company – NIB) and Defence Dept. (meeting was in his office) – CONFLICT OF INTEREST, breached code of conduct.
2010 – Fitzgibbon reelected – allocated as “chief government whip”
2013 – (Before Election) Parliamentary Reshuffle – Fitzgibbon allocated a ministerial role! Minister for Agriculture, Fisheries, Forestry.
Senate Estimates committee definition/details
Estimates Committee OR “Senate Estimates Hearing” is Standing committee (never disbands) Solely set up by Senate, that scutinises how the executive govt. is spending tax payer money.
MAIN ROLE: examine govt. Budget in May
8 senators = members. Must: 4 govt of day, 3 opposition, 1 minor/independent. Meets 3 times a year
Only ministers who are senators required to attend/answer questions. Represent minister in the HOR
EG. 2013 – Senate Estimates Committee is examining (“hearing”) statements in regards to Abbott’s reallocation of funds from child abuse royal commission (RC) to the pink batts RC.
Royal Commissions definition/details
an enquiry set up, but not controlled by the executive govt. (PM creates a RC). A legal expert chairs them (retired judge) • What do they do? Inquire into the matter at hand. Operate like an ‘inquisitorial court’ Report back their findings to parliament
Advantages of royal comissions as opposed to other methods
- Greater degree of independence, once appointed, commissioner is autonomous
- Greater power to compel witnesses to give evidence
- Whistle blower protection
128 – Royal Comission into Oil for Food (Cole enquiry) (2005 – 2006)
- BG: “Iraq” – Sadam Hussein (Dictator). Developing Biological Weapons. Producers of Goods and Services weren’t getting money, Hussein was using money for weapons. UN Oil for Food Program
- AWB: Aust. Wheat Board – Govt. Subsiduary – Aust Govt entity
- AWB Controls wheat exportation
- AWB negotiated that 90% of Iraqi wheat market would come to Australia.
- AWB gave Kickbacks to the Iraqi govt!!! $$$$
- SO: RC was launched by the Commonwealth Govt.
- RC investigate “ whether decisions action, conduct or paymenets by Aust. Companies mentioed in the Volcker enquiry into the UN Oil for Food Programme breached ant Federal, State, or Territory Law”
- FINDINGS: In 2009 the Australian Federal Police (AFP)decided to drop its investigation into the scandal. Found it was not clear if breahing a UN sanction was a criminal offence and a conviction
Administrative Appeals Tribunal def/details
NOT A COURT – an extension of the executive. To provide a more procedurally consistent and independent review of Executive decision making
• EXAMPLE: Liu and minister for immigration, multicultural affairs and citizenship [2013] AATA 662 (30 August 2013)
- External merits review of a denial of citizenship
- Tribunal upheld the minister’s decision
- Mr Liu had not been in Australia. The required time to have his application accepted
Administrative Appeals Tribunal Advantages
ADVANTAGES:
- LESS EXPENSIVE THAN OTHER PROCESSES
- Less Formal than a court
- Tend to exhaust ADR if they can before a hearing
- Hearings are public
Administrative Appeals Tribunal Disadvantages
DISADVANTAGES:
- no power to consider constitutional validity of laws, or legality of govt decision making, but only whether decisions taken by govt officials under that law have been taken in accordance with the relevant statutory requirements
- May lead to difficulty and unanticipated constitutional questions. Many decisions have been subject to review by federal court. Tribunal only has power to recommend changes/issues to minister. Up to minister to act on
- based on their views, not community views
Committee (Govt) Enquiries Advantages
SIGNIFICANT INVESTIGATIVE POWERS
- power to require people to attend (usually invite witness & witnesses usually attend voluntarily)
- power to require the giving of evidence
- power to require the production of evidence
- Can give parliamentary privilege for any witness
Committee (Govt) Enquiries Disadvantages
- Can’t compel members of the other house (senate cant force HORs, HOR cant force senators)
- Can’t give Public Interest Immunity – witness who gives evidence or answers questions by enquiry committee can not be given immunity for any crimes they may be associated with
- Public servants can’t comment on policy matters (public servants that work for govt dept, police officer, army)
Auditor General (Role, Carry out, Powers, Limits)
Role: provide the parliament with an independent assessment of selected areas of public administration
CARRY OUT:
- Performance Audit
- Financial Statement Audits
- Assurance review
POWERS:
- Extensive powers to access to govt documents and info
LIMITS:
- No scope to punish anyone
- Assessments/Examinations @ perogative of parliament
- Not legally binding
