❓ Dr. Thomas questions the impact of the Auditor General Amendment Bill 2022 on the Auditor General's independence and reporting powers. The Minister assures that the amendment clarifies access to confidential material without diminishing independence, and enhances powers.
AnsweredQoN 1302Legislative Council
QuestionView source ↗
AUDITOR GENERAL —
INDEPENDENCE — AUDITOR GENERAL AMENDMENT BILL 2022
1302. Hon Dr STEVE THOMAS to the minister representing the
Treasurer:
I refer to the Auditor General Amendment
Bill 2022, which passed this house in November 2022.
(1) Do any
clauses of the Auditor General Amendment Bill 2022 change in any way or form
the power or independence of the Auditor General to report to the Parliament,
the Public Accounts Committee or the Standing Committee on Estimates and
Financial Operations?
(2) If yes to
(1), which clauses and what are those changes?
(3) Will the
Auditor General Act 2006 be altered by the proclamation of the Auditor General
Amendment Bill 2022 to change in any way or form the power or independence of the
Auditor General to report to the Parliament, the Public Accounts Committee or
the Standing Committee on Estimates and Financial Operations?
(4) If yes to
(3), what are the changes?
INDEPENDENCE — AUDITOR GENERAL AMENDMENT BILL 2022
1302. Hon Dr STEVE THOMAS to the minister representing the
Treasurer:
I refer to the Auditor General Amendment
Bill 2022, which passed this house in November 2022.
(1) Do any
clauses of the Auditor General Amendment Bill 2022 change in any way or form
the power or independence of the Auditor General to report to the Parliament,
the Public Accounts Committee or the Standing Committee on Estimates and
Financial Operations?
(2) If yes to
(1), which clauses and what are those changes?
(3) Will the
Auditor General Act 2006 be altered by the proclamation of the Auditor General
Amendment Bill 2022 to change in any way or form the power or independence of the
Auditor General to report to the Parliament, the Public Accounts Committee or
the Standing Committee on Estimates and Financial Operations?
(4) If yes to
(3), what are the changes?
AnswerView source ↗
I thank the honourable member for
some notice of the question. I answer on behalf of the minister representing
the Treasurer.
(1)–(4) As
recommended by the Joint Audit Committee in 2016, the Auditor General Amendment
Act sought to clarify the Auditor General's
access to confidential material with appropriate limitations on disclosure. The status and independence of the Auditor
General is provided for in section 7 of the Auditor General Act. The Auditor
General Amendment Act 2022—the amendment act—did not amend that
section and does not alter the Auditor General's relationship with
Parliament. Under the amendment act, the Auditor General will be able to
report directly to Parliament on a confidential basis, as is currently the
case. The Auditor General may use a broader range of confidential material to
inform reports to Parliament, but specific details of that confidential
material could not be disclosed. The Auditor General could still advise
Parliament whether confidential information has been omitted from a report.
This needs to be considered in light of the enhancement of powers conferred
through the amendment act. The amendment act provides the Auditor General with
an unprecedented explicit entitlement to access all confidential material,
which includes protected and restricted information such as cabinet information
or legal advice. Until now, the Auditor
General Act 2006 has not expressly enabled the Auditor General to compel that
type of information.
some notice of the question. I answer on behalf of the minister representing
the Treasurer.
(1)–(4) As
recommended by the Joint Audit Committee in 2016, the Auditor General Amendment
Act sought to clarify the Auditor General's
access to confidential material with appropriate limitations on disclosure. The status and independence of the Auditor
General is provided for in section 7 of the Auditor General Act. The Auditor
General Amendment Act 2022—the amendment act—did not amend that
section and does not alter the Auditor General's relationship with
Parliament. Under the amendment act, the Auditor General will be able to
report directly to Parliament on a confidential basis, as is currently the
case. The Auditor General may use a broader range of confidential material to
inform reports to Parliament, but specific details of that confidential
material could not be disclosed. The Auditor General could still advise
Parliament whether confidential information has been omitted from a report.
This needs to be considered in light of the enhancement of powers conferred
through the amendment act. The amendment act provides the Auditor General with
an unprecedented explicit entitlement to access all confidential material,
which includes protected and restricted information such as cabinet information
or legal advice. Until now, the Auditor
General Act 2006 has not expressly enabled the Auditor General to compel that
type of information.
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