OFFICE OF THE LEGISLATIVE ASSEMBLY
ANNUAL REPORT
2016-2017
ISSN 1036-4390 (Print)
ISSN 1835-0569 (Online)
© Office of the Legislative Assembly
This publication is subject to copyright. Except as permitted under the Copyright Amendment (Parallel Importation) Act 2003, no part of it may in any form or by any means (electronic, mechanical, microcopy- ing, photocopying, recording or otherwise) be reproduced, stored in a retrieval system or transmitted without prior written permission.
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First published October 2017
Published in Australia by the Office of the Legislative Assembly
Office of the Legislative Assembly 196 London Circuit
Canberra ACT 2601 Australia
Telephone 6205 0439
Facsimile 6205 3106
Email – Web – www.parliament.act.gov.au
Produced by: ACT Government Publishing Services Publication No 17/0800
Printed on 100% recycled paper
TRANSMITTAL CERTIFICATE
Joy Burch MLA Speaker
Legislative Assembly for the ACT Civic Square
London Circuit Canberra ACT 2601
Dear Madam Speaker,
I am pleased to submit for your information and presentation to the Legislative Assembly for the ACT, this annual report of the Office of the Legislative Assembly (the Office) for the year ended 30 June 2017.
Pursuant to section 7B of the Annual Reports (Government Agencies) Act 2004, the Office is required to prepare a report that includes an account of the management of the Office during the reporting year. You will be aware, however, that the Office is not required to comply with an annual report direction made by the minister in accordance with section 8 of the Act.
I commend the report to you and trust that you find it informative.
Tom Duncan Clerk
Legislative Assembly for the ACT October 2017
CONTENTS
TRANSMITTAL CERTIFICATE 3
THE CLERK’S OVERVIEW 2016-2017 6
2016-2017 AT A GLANCE 7
Size of the Assembly 7
New organisational structure 7
Legislation 7
Questioning the executive 7
Revised standing orders for the Ninth Assembly 7
Committees 7
Completion of accommodation project 8
Development of ICT 8
THE YEAR AHEAD 9
Protective Security Policy Framework 9
Construction of the Constitution Place Development–monitoring impact 9
Redevelopment of Procedural Information Production System (PIPS) 9
ICT future planning 9
Archival strategy 9
SECTION A PERFORMANCE REPORTING 11
THE ORGANISATION 12
Role of the Office of the Legislative Assembly (the Office) 12
Office’s approach 12
Values 13
Priorities 14
Structure 14
ORGANISATIONAL STRUCTURE 16
ASSEMBLY PROCEEDINGS 17
Chamber proceedings 17
Assembly committees 17
PROCEDURAL DIGEST 23
Eighth Assembly 23
Ninth Assembly 24
INTERPARLIAMENTARY ACTIVITIES 26
Commonwealth Parliamentary Association 26
Kiribati twinning arrangement 26
Papers presented 26
FINANCIAL REPORT AND MANAGEMENT DISCUSSION
AND ANALYSIS 27
ANALYSIS OF THE OFFICE’S PERFORMANCE 27
Members’ assessment of Office performance 27
Parliamentary advice and support 29
Business administration and support 30
Community and parliamentary engagement 30
SECTION B CONSULTATION AND SCRUTINY REPORTING 35
INTERNAL AND EXTERNAL SCRUTINY 36
SECTION C LEGISLATIVE AND POLICY BASED REPORTING 39
RISK MANAGEMENT AND INTERNAL AUDIT 40
Risk management 40
Internal audit 40
LEGISLATIVE ASSEMBLY COMMITTEE RECOMMENDATIONS 41
FRAUD PREVENTION 41
PUBLIC INTEREST DISCLOSURE 41
FREEDOM OF INFORMATION 41
Section 7 statement 41
Section 8 statement 44
Section 79 statement 44
INTERNAL ACCOUNTABILITY 45
HUMAN RESOURCE PERFORMANCE 45
STAFFING PROFILE 46
MEMBERS’ STAFF EMPLOYMENT 48
LEARNING AND DEVELOPMENT 49
Members’ staff 49
WORKPLACE HEALTH AND SAFETY 49
WORKPLACE RELATIONS 50
STRATEGIC ASSET MANAGEMENT 50
The Assembly building 50
Capital upgrade funding and expenditure 50
Asset maintenance and repairs 51
Office accommodation 51
Additions and deletions 52
Contractors 53
Art collection 54
TERRITORY RECORDS 54
Records Management Program 56
HUMAN RIGHTS ACT 55
SUSTAINABILITY REPORTING 56
GreenPower purchased for 2016-2017 56
APPENDICIES 61
APPENDIX 1 – SITTING DAYS 62
APPENDIX 2 – PROCEEDINGS 63
APPENDIX 3 – MINUTES OF PROCEEDINGS 64
APPENDIX 4 – BILLS AND AMENDMENTS 2016-2017 65
APPENDIX 5 – BILLS PRESENTED 66
APPENDIX 6 – QUESTIONS WITH AND WITHOUT NOTICE 67
APPENDIX 7 – COMMITTEE STATISTICS – EIGHTH AND NINTH ASSEMBLY 68
APPENDIX 8 – BROADCASTING AND WEBSITE MANAGEMENT 75
APPENDIX 9 – LIBRARY AND REFERENCE SERVICES 76
APPENDIX 10 – MEMBERS OF THE EIGHTH AND NINTH ASSEMBLIES 77
APPENDIX 11 – OFFICE HOLDERS OF THE EIGHTH AND NINTH ASSEMBLIES 78
APPENDIX 12 – MINISTERS AS AT 30 JUNE 2017 79
APPENDIX 13 – REMUNERATION OF MLAS 81
APPENDIX 14 – NON-EXECUTIVE MEMBERS’ STAFF EMPLOYMENT 82
APPENDIX 15 – VISITS BY MEMBERS AND PARLIAMENTARY OFFICERS
FROM OTHER LEGISLATURES, DELEGATIONS AND OTHERS 85
APPENDIX 16 – ADMINISTRATIVE SUPPORT FOR THE ASSEMBLY BRANCH
OF THE COMMONWEALTH PARLIAMENTARY ASSOCIATION 2016-2017 85
APPENDIX 17 – EDUCATION PROGRAM 86
APPENDIX 18 – FINANCIAL STATEMENTS AND MANAGEMENT DISCUSSION AND ANALYSIS 87
GENERAL OVERVIEW 87
OBJECTIVES 87
RISK MANAGEMENT 87
REPORTING ENTITIES 88
CONTROLLED FINANCIAL PERFORMANCE 88
Net Cost of Services 88
TOTAL EXPENDITURE 89
Total Own Source Revenue 89
CONTROLLED FINANCIAL POSITION 90
Total Assets 90
Total Liabilities 91
TERRITORIAL STATEMENT OF INCOME AND EXPENSES 91
Total Income 91
Total Expenditure 91
TERRITORIAL FINANCIAL POSITION 92
Total Assets 92
Total Liabilities 92
THE CLERK’S OVERVIEW 2016-2017
The enlargement of the Assembly from 17 to 25 members, which occurred at the Australian Capital Territory election in October 2016, was the most significant change to the Territory’s governance arrangements since self-government commenced in 1989.
In responding to the change, the Office has reconsidered how it provides support and advice to the legislature and how best to accommodate additional members and staff. It has also adopted changes to its organisational structure to more closely align with the Office’s statutory functions. These matters have occupied much of the Office’s attention during this reporting period.
We have had a productive year, working with the Speaker, MLAs, their staff, and Office staff to make the transition to an enlarged Assembly a successful one. I would like to thank all Office staff for their dedication and hard work throughout 2016-2017, which has enabled the organisation to deliver services and fulfil its functions to such a high standard. I trust that members, their staff, and the wider public sector see the value that the Office brings to supporting the Territory’s unique system of government.
Tom Duncan Clerk
October 2017
2016-2017 AT A GLANCE
Size of the Assembly
On 15 October 2016, ACT electors elected 25 members to the Legislative Assembly for the first time.
Twelve of the 25 members were newly elected, which also resulted in a substantial number of new staff. The Office provided support in relation to: procedural; payroll and entitlements; information technology; security, and building services.
New organisational structure
A new organisational structure for the Office took effect from 29 August 2016, in which the Office’s parliamentary support and business support functions were organised into two separate branches, headed by the Deputy Clerk and a new General Manager, respectively. A third branch, the Office of the Clerk was established with governance, procedural, and education functions.
Legislation
The Office facilitated the presentation of 27 executive bills, and two private members’ bills into the Legislative Assembly, and arranged for the notification of 39 passed bills. The Office also processed the tabling of 329 items of subordinate legislation.
Questioning the executive
The Office supported members in their scrutiny of the executive within the Chamber, processing 377 questions on notice. During the reporting period, 1014 questions without notice were asked.
Revised standing orders for the Ninth Assembly
The Assembly modified its standing orders in response to recommendations by the Eighth Assembly’s Standing Committee on Administrative and Procedure. The changes, designed to accommodate an expanded Assembly of 25 members, related to the number of Assistant Speakers, the time allocated to matters of public importance, the number of supplementary questions at question time, and the time limit for answers to questions without notice and supplementaries.
Committees
Between July and October 2016, the Office supported six standing committees and two select committees, which, together, tabled 16 reports, held four public hearings, took evidence from 17 witnesses, received three submissions, considered 13 statutory appointments, and considered 19 bills and 165 pieces of subordinate legislation (as part of the legislative scrutiny role).
Following the 2016 Assembly election, from October 2016 to June 2017, the Office supported eight standing Committees and three select committees, which to the end of June 2017 had tabled 17 reports, held 28 public hearings, took evidence from 478 witnesses, received 228 submissions, considered 65 statutory appointments, and considered 21 bills and 189 pieces of subordinate legislation.
Completion of accommodation project
In time for the election of an expanded Assembly membership, the accommodation project that began as a planning process in 2015, and which saw extensive refurbishment to the Assembly building throughout 2016, was completed in September 2016. The accommodation project delivered:
• six new member and ministerial suites—enabling the Assembly building to house its expanded membership of 25, with flexibility as to the number of ministers offices that can be configured at any time;
• new paint and carpeting throughout the building to match new works;
• new meeting rooms with audio-visual facilities;
• an upgrade of the building’s heating, ventilation and cooling system;
• upgrades to many kitchens and bathroom areas; and
• a new central table in the Assembly Chamber at which the Chief Minister, Leader of the Opposition and their respective deputies would be seated during Assembly proceedings (finalised for sittings of the Ninth Assembly in November 2016).
Members of the Ninth Assembly in the Chamber, February 2017.
Development of information communications technology (ICT)
The Office undertook a range of projects during 2016-2017 to develop its ICT infrastructure and replace legacy systems. This included the expansion of the wireless network throughout the Assembly building, work on the migration of the Assembly intranet to a SharePoint platform and replacement of
the audio-broadcasting system.
THE YEAR AHEAD
Protective Security Policy Framework
Funding received in the 2017-2018 budget has enabled the Office to permanently fill the position of Manager, Security and Building Services, which will in turn enable the Office to build on the work it has done to achieve compliance with the Territory’s Protective Security Policy Framework. During the year ahead, the Office expects to complete the development of a Protective Security Plan to build on the Office’s compliance with the framework.
Construction of the Constitution Place Development–monitoring impact
During 2017-2018, construction will begin of the Constitution Place Development, on land adjacent the Assembly Building. Building works are expected to have a significant impact and may cause some disruption to Assembly’s operations. The Office will work closely with developers and other key stakeholders to minimise the impact of these disruptions on staff in the Assembly building.
Redevelopment of Procedural Information Production System (PIPS)
The project to redevelop the IT system used to produce daily procedural documents for Assembly sittings experienced some delays but user acceptance testing had commenced by the end of the reporting period. The new system is now expected to be in production later in 2017.
ICT future planning
With a number of ICT upgrade projects now nearing completion, the Office will continue to monitor the ICT landscape to ensure it can continue to meet the Assembly’s requirements into the future. This will be formalised in an ICT Asset Management Plan, which will be used to inform planning and decision making around ongoing investment in the ICT portfolio.
Archival strategy
The Office is currently reviewing its obligations with respect to the creation, capture, handling and storage of significant Assembly records that are to be retained indefinitely as Territory archives. The review is considering how best to preserve both the legacy collection and records yet to be created, to protect their value for future generations. Strategies being considered include those that will reduce reliance on physical paper processes and increase the digital capture of archival records for ongoing access and preservation purposes.
Tom Duncan Clerk
October 2017
SECTION A
PERFORMANCE REPORTING
THE ORGANISATION
Role of the Office of the Legislative Assembly (the Office)
The Office of the Legislative Assembly is established by the Legislative Assembly (Office of the Legislative Assembly) Act 2012 and consists of the Clerk and staff of the Office. Pursuant to section 8 of the Act, the Clerk and Office staff are not subject to direction by the executive or any minister in the exercise of their functions.
Pursuant to section 10 of the Act, the Clerk is responsible for the management of the Office.
Under section 6 of the Act, the Office’s function is to provide impartial advice and support to the Legislative Assembly and its committees and members of the Assembly, including by:
• providing advice on parliamentary practice and procedure, and the functions of the Assembly and committees;
• reporting proceedings of the Assembly and meetings of committees;
• maintaining an official record of proceedings of the Assembly;
• providing library and information facilities and services for members;
• providing staff to enable the Assembly and committees to operate efficiently;
• providing business support functions, including administering the entitlements of members who are not part of the executive; and
• maintaining the Assembly precinct.
The Office also provides public education about the functions of the Assembly and committees. The Office may exercise any other role given to it under the Act or another Territory law.
By virtue of section 4 of the Financial Management Act 1996 the Clerk is also vested with the powers of a Director-General in relation to the finances of the Office (section 31).
Office’s approach
The Office is the primary source of advice and support for the institution of parliament in the ACT. It is the steward of Assembly practice and procedure, with a central element of its role being to promote and
strengthen the role of the parliament in the particular form of representative democracy which operates in the ACT.
To fulfil its statutory functions, the Office seeks to maintain and strengthen its position as a ‘resilient, reliable and professional parliamentary support organisation supporting a strong, relevant, visible and accessible Legislative Assembly’.