Government’s approach to policy development criticised in formal review

On 11 October 2012, the Government released the Independent Review of the Australian Government’s Regulatory Impact Analysis Process and its preliminary response. The Review provides a broad overview of the Government’s current policy development processes.

The Review was conducted by Mr David Borthwick AO PSM and Mr Robert Milliner, and took aim at many facets of the Government’s policy development processes, including the public service, ministers, and adherence to Cabinet processes. It made 14 recommendations.

Speaker's resignation

Mr Slipper resigned mid-term as Speaker on 9 October 2012. A mid-term resignation by a Speaker is not unique, although in this instance the circumstances maybe seen as such. Mr Slipper resigned in the wake of a motion by the Leader of the Opposition to remove the Speaker under section 35 of the Constitution. The motion was narrowly defeated, 70 to 69, which meant the Speaker could continue in office. Mr Slipper had stood aside from his role as Speaker in the House on 8 May 2012 following allegations of sexual harassment and allegations of fraudulent abuse of Cabcharge vouchers.

The Administrative Review Council recommends legislative change to turn back the tide of section 39B actions.

The Administrative Review Council (the ARC) is established to ‘ensure that the administrative decision-making processes of the Commonwealth Government are correct according to law and accord with administrative law values, by working with all relevant interests — political, bureaucratic and community based’.

On 24 September 2012, the ARC launched its 50th report, Federal Judicial Review in Australia.

High Court holds security risk provision invalid

Image source: Wikipedia

There has been extensive reporting on the recent High Court decision concerning the impact of an adverse ASIO assessment on an asylum applicant.

In its decision of 5 October 2012 in the matter of Plaintiff M47-2012 v Director General of Security [2012] HCA 46, the High Court ruled public interest criterion 4002, contained in Schedule 4 to the Migration Regulations 1994, to be invalid. This criterion provided:

4002 The applicant is not assessed by the Australian Security Intelligence Organisation to be directly or indirectly a risk to security, within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979.

Myanmar update



Image source: Wikimedia commons

Events in Myanmar continue to move fast. This brief update highlights some of the key developments over the last few months. It follows the recent visit to Australia by the Speaker of Myanmar’s lower house and the historic visits to the United States by President Thein Sein and Aung San Suu Kyi.

Do refugees really receive higher welfare benefits than pensioners?

Image source: Wikimedia Commons

The short answer is no.

A series of emails have circulated in recent years asserting that refugees settling in Australia are entitled to higher rates of social security payment than other Australian residents, including pensioners. The emails also often claim that refugees receive free 'gifts' in the form of household items and even houses.

However, as is explained in this updated Parliamentary Library Background Note, such claims are completely wrong. What's more, the original emails on which many of the Australian emails are based refer (again, falsely) to arrangements in Canada and have nothing to do with Australia.

The South China Sea disputes: some practical thinking from Australia

 


Image source: US Energy Information Administration

 Growing hostility between China and the Philippines, the failure of ASEAN Foreign Ministers to agree on a joint statement at their July meeting in Phnom Penh, and anti-China protests on the streets of Hanoi have re-focused international attention on long-standing maritime and territorial disputes in the South China Sea over the last several months. While issues like North Korea’s nuclear program and the China–Taiwan dispute have tended to dominate discussions of regional security over the last decade, one prominent Australian foreign policy analyst has argued recently that ‘it is in the South China Sea that the components of Asia’s changing power dynamics are most concentrated and on display’.

Small business - 2011 profile

Image source: business.gov.au

Small business accounts for the majority of businesses in Australia. In terms of economic output and employment, it also makes a significant contribution.

Justice beyond law: clemency and the Royal Prerogative of Mercy

The campaign to secure posthumous pardons for Harry Harbord Morant, Peter Handcock and George Witton has been the subject of debate in the media, and also in the Australian Parliament, over recent years. In May, the Commonwealth Attorney-General, Nicola Roxon, stated that the Australian Government would take no further action on the petition to pardon the three.  Their chief advocate, James Unkles, has indicated his intention to pursue the matter in the UK Courts with the assistance of Dan Mori.  However, irrespective of its outcome, the Morant matter has highlighted the enduring role of the Royal Prerogative of Mercy in Australia's justice system. 

2012 APEC meeting in Russia: a success for Australia

Image source: Department of Foreign Affairs and Trade

The 2012 Asia Pacific Economic Cooperation (APEC) leaders’ summit was held on 8–9 September in Vladivostok, the Russian Far East. Russia hosted 21 member countries at the summit and in various side events throughout 2012, which attracted over 10 000 visitors in total. The preparation costs for 2012 APEC were estimated to be A$21 billion. By comparison, the Australian Government spent just over $300 million hosting the 2007 APEC summit in Sydney, of which over $170 million was invested in enhanced security.

A code of conduct for members of the House of Representatives?

The House of Representatives is currently debating a motion, moved by Independent MP Rob Oakeshott, to introduce a code of conduct covering members of the House of Representatives. The motion is based on the recommendations in the report by the House of Representatives Standing Committee of Privileges and Members’ Interests on a draft code of conduct for members of parliament.

The motion is supported by the Government but the Manager of Opposition Business, Christopher Pyne, has confirmed that the Coalition will not support the motion if the relevant Senate committee has not reported on a code for the upper house.  He said that the Coalition had adopted this approach because ‘it would be peculiar if the House of Representatives had a code of conduct and the Senate didn’t'.

The Senate Standing Committee on Senators’ Interests is due to report on a code of conduct for senators on 27 November 2012. 

Homelessness in Australia - official ABS estimates

Image source: Australian Bureau of Statistics

The Australian Bureau of Statistics (ABS) has for the first time released official estimates of the prevalence of homelessness in Australia. The estimates, which are based on the ABS’s new definition of homelessness and methodology for estimating homelessness using census data, are provided for homelessness at the time of the 2001 and 2006 censuses. Estimates from the 2011 census are to be published on 12 November 2012.

 

The ABS found that, as at the 2006 census, 89 728 Australians were homeless. This represents 0.5 per cent of the Australian population at that time and a rate of 45 homeless people for every 10 000 persons. At the 2001 census, the ABS estimates that 95 314 people were homeless. As such, according to the ABS, between 2001 and 2006 there was a 6 per cent decrease in the number of homeless Australians, and the rate of homelessness fell from 51 homeless people per 10 000 to 45. The main factor contributing to this decline was a fall in the boarding house population.

 

The ABS’s estimates differ substantially from what were previously assumed to be the most accurate and reliable data on homelessness in Australia—those estimates produced by Chamberlain and McKenzie, and published in Counting the Homeless reports. According to Counting the Homeless data, in 2001 there were 99 000 homeless people whilst in 2006 there were 104 676 homeless. Hence, not only are the ABS homelessness estimates lower than those furnished by the Counting the Homeless figures, but they also contradict the finding that there was an increase in homelessness between 2001 and 2006 of 4.8 per cent. So, the question is, what are the changes that led to this result?

Commonwealth legislating to ban large trawler

Image source: AFMA

The Minister for Sustainability, Environment, Water, Population and Communities, Tony Burke, has moved amendments to the Environment Protection and Biodiversity Conservation Act 1999 (EPBC) Act. This will give the Government the powers to prevent the trawler, Abel Tasman, from fishing in Australian waters for up to two years while a scientific study on its impacts is carried out. The major issues with the vessel are its large size and fishing capability, which far exceeds any other fishing vessel in Australian waters, and possible impacts on protected species.

43rd Pacific Islands Forum in Cook Islands: Australian contributions welcomed

Image source: Pacific Islands Forum Secretariat

The annual 43rd Pacific Islands Forum took place in Cook Islands from 27 to 31 August 2012, bringing together 16 Heads of Government, including Australia, and observing international institutions. This was also the first regional leaders’ meeting discussing implications for the Pacific Island states of the Rio+20 United Nations Conference on Sustainable Development.

Unhealthy habits on the rise

Image source: WA Department of Health 

Some of the key risk factors for a number of life threatening diseases have increased in prevalence in Australia over the last decade according to a recent report from the Australian Institute of Health and Welfare. The report, Risk factor trends: age patterns in key health risk factors over time, found that over the period, the proportion of people diagnosed with life threatening conditions including diabetes and chronic kidney disease had increased.

PISA – more than just league tables?

Image source: Victorian Department of Education and Early Childhood Development 

In announcing the Government’s response to the Gonski Review, Prime Minister Gillard stated that the aim of the new National Plan for School Improvement ‘is to ensure that by 2025 Australia is ranked as a top 5 country in the world for the performance of our students in Reading, Science, Mathematics’.

Much of the discussion about the Australian school system has focussed on the relative (and absolute) decline of Australia in the results from the triennial Programme for International Student Assessment (PISA) over the period 2000 to 2009 despite an increase in real expenditure on school education of 44 per cent over the period. In considering how the school system can be improved, commentators have often looked to the current ‘top 5’ in the PISA rankings—Finland and the four East Asian jurisdictions included in the 2009 survey (Hong Kong, Shanghai, Korea and Singapore).

However, closer analysis of the PISA data suggests that using the PISA assessment league tables may not be the best measure of the quality of school systems.

Public sector staffing reductions in the states and territories

Since 2011 the state and territory governments have introduced public sector staffing reductions as savings measures (some jurisdictions also had reduction programs in place prior to 2011). A summary of the reductions is provided below; ‘FTE’ is not a headcount but refers to full-time equivalent staffing levels.

For the Commonwealth Government, the 2012–13 Budget estimates a staffing reduction in the Australian Public Service of 3 074 FTE for 2012–13 to be achieved in the main by a combination of natural attrition and voluntary redundancies. In November 2011 the Government also increased its efficiency dividend rate to 4.0 per cent for 2012–13 (up from a rate of 1.5 per cent per annum).

In 2011 and 2012 the Queensland, Victorian, New South Wales and Northern Territory Governments commissioned independent reviews of public sector finances, expenditure and management. The federal Leader of the Opposition has stated that a Coalition government will establish a commission of audit to review Commonwealth Government operations.

Closure of controversial dental scheme a step closer—but dentists remain in the dark

Image source: Department of Defence

Following the announcement of a $4 billion dental package directed at children and those on low incomes, the Government has moved to close down the controversial Chronic Disease Dental Scheme (CDDS). The Health Insurance (Dental Services) Amendment Determination 2012 (No. 1), registered on 6 September 2012, amends the Health Insurance (Dental Services) Determination 2007 to bring about a staged cessation of the CDDS by 30 November 2012. The Determination is a disallowable legislative instrument which must be tabled in Parliament within six sitting days of registration. Either chamber can vote to disallow it within 15 sitting days, as this Senate brief explains.

‘Better schools’ – the Government responds to Gonski

Image source: Australian Government

The Australian Government through its National Plan for School Improvement, under the banner of Better Schools, has accepted the core recurrent funding recommendations of the Review of Funding for Schooling (the Gonski Review).

The National Plan outlines a new funding model that will have a Schooling Resource Standard (SRS) for all school students supported by various loadings for disadvantage. This funding model will take place alongside an improvement framework for schools and teaching, with an overarching goal of ensuring that by 2025 Australia is ranked amongst the top five countries in the world for student performance in reading, science and mathematics. In total, the Government expects the National Plan when fully implemented (by 2020) will see an additional $6.5 billion spent on schools each year, in line with the estimates ($5 billion in 2009 prices) in the Gonski Report.

Indigenous Expenditure Report 2012

Image source:2012 Indigenous Expenditure Report

The just released 2012 Indigenous Expenditure Report estimates expenditure by all levels of Government on services to Indigenous Australians. It is the second in a series (the first being released in 2010) which examines inputs into Indigenous service delivery and which is intended to complement the longer running Overcoming Indigenous Disadvantage reports which examine outcomes in this same area. Both reports are currently produced by the Steering Committee for the Review of Government Service Provision.