THE Joint Committee of Public Accounts and Audit (JCPAA) has tabled an interim report for its inquiry into procurement at Services Australia and the NDIA which were connected with consulting firm Synergy 360.

The report recommends that the National Anti-Corruption Commission (NACC) examine the evidence gathered by the committee to date to determine whether to conduct a fuller investigation to establish the substance of the serious allegations made in relation to former Minister Stuart Robert and Synergy 360.

Committee Chair Julian Hill MP said, “A referral to the NACC should never be made lightly and is not done so here. There appears to be no other appropriate course of action however in light of the serious and systemic nature of the allegations raised.

“The committee has established a number of matters but is unable, given its resources, lack of forensic accounting expertise, and the refusal so far of key witnesses to provide documents or fully answer questions, to make clear findings as to the truth. An agency with compulsory questioning, document gathering, and investigatory powers may be able to properly assess these matters.

“Throughout this inquiry the committee has sought to always act in the public interest. The inquiry is ongoing, and a final report will be tabled as soon as possible.”

Concerning reports were received of alleged financial impropriety, improper relationships and undisclosed conflicts of interest with parties receiving contracts from the Commonwealth.

Rebutting these allegations, Mr Robert, his longtime friend, business partner and political fundraiser Mr John Margerison, Synergy 360 principal Mr David Milo and others strongly deny improper conduct, hence the evidence before the inquiry is directly conflicting.

The committee has also recommended that the Speaker authorise the commissioning of legal advice regarding the nature of the committee’s statutory powers under sections 13 – 15 of its legislation, including situations where a person claims to be resident overseas.

Further information is available on the inquiry website.

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THE Committee on the National Redress Scheme will be holding a public hearing this evening for an inquiry into the National Redress Scheme.

The committee will hear evidence from People With Disability Australia commencing at 6pm.

The inquiry is looking into a range of areas, including:

• The experience of First Nations applicants and applicants with disability in their dealings with the Scheme.
• Accessibility, performance and effectiveness of support services and legal advice for survivors and their advocates.

Full details of what the inquiry is examining can be found in the terms of reference on the committee’s website. An easy English guide is also available.

Public hearing details

Tuesday 12 September 2023
6pm to around 6:45pm (Canberra time)
Committee Room 1R4, Parliament House, Canberra
Listen online at www.aph.gov.au/News_and_Events/Watch_Parliament

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THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) has endorsed rules that allow sharing of information between administrators of the Foreign Influence Transparency Scheme (FITS) and the Foreign Arrangements Scheme (FAS).

Committee Chair Peter Khalil MP today presented to Parliament a report by statement on the Committee’s review of the Rules, made under subsection 53(2) of the Foreign Influence Transparency Scheme Act 2018 (FITS Act).

The new Rules authorise the Secretary of the Attorney-General's Department, which administers the FITS, to communicate FITS information to the Minister for Foreign Affairs and the Department of Foreign Affairs and Trade (DFAT), who are responsible for the FAS.

The committee agreed that streamlining interoperability between the two schemes was a legitimate and reasonable purpose for sharing FITS information with DFAT for the FAS.

The committee encouraged the government to consider a legislative amendment to similarly allow sharing information in the other direction, from the FAS to the FITS. The committee also urged administrators to take whatever measures they can to minimise the compliance burden on entities that may fall within both schemes.

The committee is undertaking a separate review of the FITS Act in its entirety, and looks forward to reporting to Parliament on that in due course.

Further information on both inquiries can be obtained from the Committee’s website.

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THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced an inquiry into the operation, effectiveness and implications of Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (the ASIO Act) which relates to compulsory questioning powers.

Division 3 of Part III of the ASIO Act provides for the Australian Security Intelligence Organisation (ASIO) to request that the Attorney-General issue a warrant to require a person to appear before a prescribed authority to give information, or produce a record or other thing, that is, or may be, relevant to intelligence that is important in relation to a questioning matter.

Chair of the PJCIS, Peter Khalil MP said, “This review will provide a valuable opportunity to consider the effectiveness of questioning warrants in relation to espionage, politically motivated violence and foreign interference, and the continued appropriateness of the current compulsory questioning laws.”

The committee requested submissions to the inquiry by Thursday, February 1, 2024.

Further information on the inquiry can be obtained from the Committee’s website.

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THE Parliamentary Joint Committee on Intelligence and Security (PJCIS) has commenced a review of the Counter-Terrorism and Other Legislation Amendment Bill 2023.

The Bill was introduced into Parliament by the Attorney-General on August 10, 2023, and he then referred it to the PJCIS for review and report.

The Bill would extend the operation of Australian Federal Police (AFP) powers relating to terrorism under the Crimes Act 1914 (Crimes Act) and the Criminal Code Act 1995 (Criminal Code) for a further three years, to December 2026. Those powers relate to:

• authority to stop, question and search persons and seize items in Commonwealth places, including in ‘prescribed security zones’ (Crimes Act, Part 1AA, Division 3A);
• the control order regime (Criminal Code Division 104); and
• the preventative detention order regime (Criminal Code Division 105).

The Bill would amend some conditions and requirements for the use of these powers, in response to the recommendations of a review of police powers undertaken by the PJCIS and presented to Parliament in October 2021.

The Bill would also extend the operation of Commonwealth secrecy offences under the Criminal Code for 12 months to December 2024, to allow the Government to complete its current review of Commonwealth secrecy provisions and consider any necessary reforms.

Chair of the PJCIS, Peter Khalil MP said, “The Australian Federal Police holds significant powers to protect the community against terrorism. This review will allow the committee to consider the government’s response to its previous recommendations to strengthen safeguards on those powers; and to ensure that the powers remain necessary and appropriate.”

Submissions to the inquiry are invited by Friday, October 6, 2023.

Further information on the inquiry can be obtained from the Committee’s website.

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THE Joint Standing Committee on Treaties (JSCOT) has tabled a report recommending the ratification of the Protocol Amending the Marrakesh Agreement Establishing the World Trade Organization Agreement on Fisheries Subsidies (Geneva, June 17, 2022).

The agreement, which is noted as ‘"a historic achievement" by the World Trade Organisation (WTO), is a significant advancement in ocean sustainability. The agreement will prohibit harmful fisheries subsidies which contribute to the widespread depletion of the world’s fish stocks.  

Committee Chair Josh Wilson MP said, “This is the first WTO agreement to focus on environmental sustainability and delivers on a key Sustainable Development Goal target. This is positive for the environment, for humankind and for the sustainability of the world’s fisheries.”

The agreement specifically prohibits subsidies to a vessel or operator that is engaged in illegal, unreported and unregulated (IUU) fishing, in addition to subsidies for fishing of overfished stocks and unregulated high seas fishing.

“The committee notes the importance of addressing the sustainability of the world’s global marine capture fisheries resources," Mr Wilson said. "This is especially important in the Pacific region and it is very welcome that Australia worked in partnership with Pacific nations to realise those interests as part of the treaty negotiations.”

The committee noted the value of the Fisheries Funding Mechanism which will support the implementation of the agreement, to which Australia has already donated A$2 million, reflecting the importance of these issues to Australia. Notably, Australia was the first to make a pledge to the new mechanism.

The committee held a public hearing as part of its inquiry into the Agreement and heard from Government and other stakeholders. The committee noted the support of the government for the agreement.

The committee supports ratification and recommends that binding treaty action be taken.

The report can be found on the Committee website, along with further information on the inquiry.

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PUBLIC hearings will be held this Friday, September 8, by the Joint Committee of Public Accounts and Audit (JCPAA).

It will include an appearance by the CEO of BAE Systems Australia regarding the $46 billion Hunter Class Frigates project, as part of the inquiry into Defence Major Projects Reports and Procurement of Hunter Class Frigates.

It will also be the first public hearings for its Inquiry into probity and ethics in the Australian public sector, examining potential systemic factors contributing to poor ethical behaviour.

It will also hear from Services Australia’s CEO regarding Infosys’ Entitlement Calculator Engine project as part of the Procurement at Services Australia and the National Disability Insurance Agency Inquiry.

The first public hearing in the probity and ethics inquiry will include:

• a roundtable with Australia’s financial regulators—the Australian Competition and Consumer Commission, Australian Prudential Regulation Authority, and Australian Securities and Investments Commission
• the Department of Health and Aged Care (Health) on the Community Health and Hospitals Program
• the Department of Infrastructure, Transport, Regional Development, Communications and the Arts (DITRDCA) on ‘Artbank’.

Committee Chair Julian Hill MP said," While the three financial regulators received generally positive reviews following audits by the Australian National Audit Office (ANAO), the reports regarding the Community Health and Hospitals and Artbank programs were very concerning.

“Serious shortcomings were found by the ANAO in Health’s administration of the Community Health and Hospitals Program, and in DITRDCA’s administration of the Artbank program. Light must be shone on failings such as these so we can strengthen government integrity and accountability.

“The committee is very keen to hear directly from BAE Systems Australia regarding the procurement and progress of the $46 billion Hunter Class Frigate program.

“Services Australia will have an opportunity to respond to evidence provided by Infosys and explain why the $191 million Entitlement Calculator Engine commissioned in 2019 was written off."

Public hearing details

Date: Friday 8 September 2023
Time: 9am – 4pm
Venue: Committee Room 2R1, Parliament House, Canberra

For more information about this Committee, you can visit its website.

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THE House of Representatives Standing Committee on Employment, Education and Training is holding its first public hearing for its inquiry into the use of generative artificial intelligence (AI) in the Australian education system.

Committee Chair Lisa Chesters MP said, “The committee is convening a panel of AI experts to open our public hearing program. This panel brings together expertise in education, curriculum innovation and digital technology, the responsible and ethical use of AI, and policy and regulation.

“The use of generative AI has increased rapidly in the past year including by students and teachers,” Ms Chesters said.

“Submissions to the inquiry have identified issues that we want to explore further, including the risks AI poses to academic integrity, and the potential it offers to personalise learning and address educational disadvantage,” Ms Chesters said.

“The committee will hold further public hearings over the coming months to examine these and other issues in depth, with representatives from government agencies, educational institutions, peak bodies, academics, and others.”

Public hearing details will be posted on the Committee’s website when available. More information on the inquiry, including the full terms of reference and how to make a submission, can be found on the committee website.

Public hearing details

Date: Wednesday 6 September 2023
Time: 11am to 12pm
Location: Committee Room 2S3

The hearing will be broadcast live at aph.gov.au/live.

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