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2010-2011
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
PUBLIC ACCOUNTS AND AUDIT COMMITTEE AMENDMENT
(OMBUDSMAN) BILL 2011
EXPLANATORY MEMORANDUM
(Circulated by the authority of Senator Bob Brown)
GENERAL OUTLINE: Policy Rationale
The purpose of this Bill is to expand the role of the Public Accounts and Audit
Committee to provide similar duties in relation to the Commonwealth Ombudsman as
it currently has in relation to the Auditor General. In particular, this Bill would enable
the Joint Parliamentary Committee of Public Accounts and Audit to consider the
operations and resources of the Ombudsman, including funding and staff numbers.
NOTES ON CLAUSES
Clause 1 - Short title
This clause provides for the bill, when enacted, to be cited as the Public Accounts and
Audit Committee Amendment (Ombudsman) Act 2011.
Clause 2 - Commencement
This clause provides for the Act to commence on the day it receives Royal Assent.
Clause 3 - Schedule(s)
This clause provides that an Act that is specified in a Schedule is amended or repealed
as set out in that Schedule, and any other item in a Schedule operates according to its
terms.
Schedule 1 - Amendment of the Public Accounts and Audit Committee
Act 1951
Item 1 - Section 4
This section inserts a definition of Ombudsman, to mean the Commonwealth
Ombudsman.
Item 2 - After section 8, insert a new section 8AA Additional duties of the
Committee - Ombudsman
Subsection (1) provides that in addition to the duties the Committee has under section
8, the following additional functions in relation to the Ombudsman also apply:
a) all reports tabled by the Ombudsman in each House of Parliament are to be
examined by the Committee;
b) the Committee may report to both Houses of Parliament, to draw the Parliament's
attention to matters arising from accounts, statements and reports from the
Ombudsman;
c) the Committee may consider the operations of the Ombudsman, and resourcing
level of the Office of the Ombudsman;
d) the Committee may report to both Houses of Parliament on any matter listed in
paragraph (c) or any other matter relating to the function and power of the
Ombudsman, that the Committee considers should be drawn to the attention of
Parliament;
e) provides the Committee with the ability to report, at any time, to both Houses of
Parliament on the performance of the Ombudsman;
f) ensures that any other duties given to the Committee by this Act is to be approved
by both Houses of Parliament
Subsection (2) provides that nothing in Subsection (1) authorises the Committee to
direct the activities of the Ombudsman.
Item 3 - Subsection 9(3)
This is a consequential amendment that simply inserts section 8AA after section 8A.