in Foundations

on our site

news

APS Commission Home page
> Foundations of Governance
> Accountability > Relationships with the Parliament > Next: Annual reporting
‹ Previous page

Last updated: March 2008

Accountability

Relationships with the Parliament

skip further information box

The Parliament is a major mechanism of accountability in the Australian system of Government, by providing scrutiny of the policies and actions of the Government of the day. Agency heads have a responsibility to comply with a number of practices designed to ensure accountability to the Parliament and the public for the operations and performance of their agencies. These include annual reporting obligations and the provision of evidence to parliamentary committees.

The House of Representatives and the Senate are the two Houses of Australia’s Commonwealth Parliament (also known as the Federal Parliament).

The House of Representatives performs a number of functions including debating and passing bills, watching over Government administration and expenditure and conducting inquiries.

The Senate consists of 76 Senators, twelve from each of the six states and two from each of the mainland territories, and has virtually equal power to make laws with the House of Representatives. Since the 1970’s, the Senate has assumed greater importance as a check on the power of the Government of the day through the scrutiny of proposed legislation (bills) and delegated legislation.

Parliamentary committees

skip further information box

The principal purpose of parliamentary committees is to perform functions which complement the role of the Houses. These functions include finding out the facts of a case or issue, examining witnesses, sifting evidence, and drawing up conclusions.

The House of Representatives and the Senate have comprehensive systems of committees, which enable members to inquire into issues of importance to their constituents and the nation as a whole. By seeking public submissions and conducting public hearings, parliamentary committees enable the public to express their views and to participate in the parliamentary process.

Parliamentary committees comprise elected members of Parliament from all parties as well as independent members of Parliament. They are established by one or both Houses of Federal Parliament to inquire into issues and report on those issues to the Parliament. The House of Representatives and the Senate each operate their own system of parliamentary committees. In addition, there are joint committees on which Members of the House and Senators serve together. Statutory committees are those established by an Act of Parliament. All existing statutory committees are joint committees and include:

• Joint Committee of Public Accounts and Audit
• Joint Standing Committee on Public Works
• Joint Committee on the Broadcasting of Parliamentary Proceedings
• Parliamentary Joint Committee on the Intelligence and Security
• Parliamentary Joint Committee on Corporations and Financial Services
• Parliamentary Joint Committee on the Australian Crime Commission (formerly the Joint Committee on the National Crime Authority)

Parliamentary committees serve four main functions. They enable:

• the conduct of inquiries into issues by members of Parliament who report on their findings
• public input to Parliament, by providing people with opportunities to present their views to their elected representatives on topics under investigation by the particular committee
• scrutiny of Government administration, by watching over the expenditure of public money and asking the Government or public servants to explain their actions and decisions
• consideration of legislation before it is voted on in the Parliament.

Committees have considerable powers which are set out in the standing orders of each House and the statute or motion agreed by the chamber establishing the committee. To enable them to carry out their functions effectively, investigatory committees are normally given powers to summon persons to give evidence and to produce documents. Public servants, including agency heads, are often requested to give evidence to and appear before committees.

Rights and responsibilities of witnesses before parliamentary committees

skip further information box

The Government Guidelines for Official Witnesses before Parliamentary Committees and Related Matters require public servants to assist Ministers to fulfil their accountability obligations by providing full and accurate information to the Parliament about the factual and technical background to policies and their administration. The guidelines aim to encourage the freest possible flow of information between the public service, the Parliament and the public. The guidelines apply primarily to the preparation of submissions and the giving of evidence to parliamentary committees by officials.

Joint Committee of Public Accounts and Audit

skip further information box

The Joint Committee of Public Accounts and Audit (JCPAA) is one of the committees under which agency heads may face scrutiny. The JCPAA is established under the Public Accounts and Audit Committee Act 1951 with a charter to scrutinise, usually by means of public inquiry, the performance of all Australian Government agencies in spending the funds appropriated to them by the Parliament. In this way the JCPAA assists the Parliament by helping ensure that agencies are held to account for their use of public money and Australian Government resources. Agency heads are responsible for ensuring their agencies are appropriately represented at hearings and that accurate and timely responses are provided to the JCPAA. The JCPAA is also required to examine each statement and report made by the Auditor-General. As is the case with other committees, inquiries undertaken by the JCPAA result in the presentation of reports to the Parliament.

Consideration of estimates by Senate legislation committees

skip further information box

Estimates of proposed annual expenditure of Government agencies are referred by the Senate to its legislation committees for examination and report. Public hearings of the committees are held after the Budget (budget estimates hearings), towards the end of the year (supplementary estimates hearings), and early in the next year following the introduction of additional estimates (additional estimates hearings). During Senate estimates hearings, officers of departments or agencies are called by the committees to give evidence in relation to proposed expenditure. Although Government agencies meet their obligation to account to Parliament in a number of ways, it is through the consideration of estimates three times a year that accountability is most directly manifested.

Parliamentary privilege

skip further information box

The term parliamentary privilege refers to the powers and privileges (or immunities) of the Houses of Federal Parliament. The Commonwealth law in relation to parliamentary privilege derives from section 49 of the Constitution. The effect of this provision was to incorporate the law of parliamentary privilege as it existed in the United Kingdom at 1901 into the constitutional law of Australia.

The rules, conventions and practices of parliamentary privilege regulate the relationship between the three arms of Government—the Parliament, the Executive and the Judiciary. Agencies form part of the Executive arm of Government. Parliamentary privilege developed to allow Parliament to proceed with the business of making legislation and reviewing the activities of the Executive without undue interference.

The law of parliamentary privilege has been further enunciated and refined in Australia by the courts and by the Parliamentary Privileges Act 1987.

The Act clarifies the scope of some aspects of the law of parliamentary privilege. Section 16 makes it clear that members, witnesses and others taking part in Parliamentary proceedings, including parliamentary committees, are generally immune from civil and criminal action and examination in the courts in relation to those proceedings. Parliamentary proceedings themselves are also immune from examination in courts and tribunals.

• Australian Public Service Commission • A-Z index • Privacy, legal & copyright • Contact us
This page can be found at www.apsc.gov.au/foundations/relationshipplt.htm