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Annual Report 2011 – 2012

Report No. 20

Finance and Administration Committee August 2012

FINANCE AND ADMINSTRATION COMMITTEE

Chair Mr Michael Crandon MP, Member for Coomera

Deputy Chair Mr Curtis Pitt MP, Member for Mulgrave

Members Mr Reg Gulley MP, Member for Murrumba

Mr Ian Kaye MP, Member for Greenslopes

Mr Tim Mulherin MP, Member for Mackay

Mrs Freya Ostapovitch MP, Member for Stretton

Mr Ted Sorensen MP, Member for Hervey Bay

Mr Mark Stewart MP, Member for Sunnybank

Staff Ms Deborah Jeffrey, Research Director

Dr Maggie Lilith, Principal Research Officer

Mrs Marilyn Freeman, Executive Assistant

Ms Lynette Whelan, Executive Assistant

Ms Renée Easten, Research Director

Ms Marissa Ker, Principal Research Officer

Technical Scrutiny

Secretariat

Ms Dianne Christian, Executive Assistant

Contact details Finance and Administration Committee

Parliament House

George Street

Brisbane Qld 4000

Telephone +61 7 3406 7576

Fax +61 7 3406 7500

Email [email protected]

Web www.parliament.qld.gov.au/fac

Chair’s Foreword

This report relates to the activities of the Finance and Administration Committee of the 53rd

Parliament (1 July 2011 to 19 February 2012) and the Finance and Administration Committee of the

54th

Parliament (18 May 2012 to 30 June 2012).

On behalf of both Committees, I would like to thank those that took the time to provide

submissions, met with and provided information to the Committee during the course of its inquiries

throughout the financial year.

Finally, I would like to thank the other Members of the Committee for their hard work and support.

Michael Crandon MP

Chair

August 2012

Annual Report 2011-2012

Finance and Administration Committee 1

1. Introduction

The Finance and Administration Committee (the Committee) is a portfolio committee established by

the Parliament of Queensland Act 2001 and the Standing Orders of the Legislative Assembly.

1.1 Aim of this report

In accordance with the legislation, the Committee is required to table in the Legislative Assembly a

report about its activities during the year. The report must include:

(a) a list of meetings of the committee and the names of members attending or absent from

each meeting; and

(b) a summary of issues considered by the committee, including a description of the more

significant issues arising from the considerations; and

(c) a statement of the committee’s revenue and spending for the year; and

(d) a brief description of responses by Ministers to recommendations of the committee.1

This report has been prepared in accordance with these requirements for the period 1 July 2011 to

30 June 2012. It relates to the activities of the Finance and Administration Committee of the 53rd

Parliament (1 July 2011 to 19 February 2012) and the Finance and Administration Committee of the

54th

Parliament (18 May 2012 to 30 June 2012).

2. Committee Members

On 19 February 2012, the 53rd Parliament was dissolved for the State Election held on 24 March

2012.

2.1 53rd

Parliament

The Finance and Administration Committee (53rd

Parliament) was established by the Legislative

Assembly on 16 June 2011. The Committee ceased when the Parliament was dissolved for the

election.

The Committee comprised of three members nominated by the Leader of the House and three

members nominated by the Leader of the Opposition.

Finance and Administration Committee (53rd Parliament)

From top left to bottom right: Mr Wayne Wendt MP, Chair and Member for Ipswich West (ALP); Mr Michael Crandon MP, Member for

Coomera (LNP); Ms Ros Bates MP, Member for Mudgeeraba (LNP); Hon Desley Boyle MP, Member for Cairns (ALP); Ms Peta-Kaye

Croft MP, Member for Broadwater (ALP); and Mr Ray Stevens MP, Deputy Chair and Member for Mermaid Beach (LNP).

It should be noted that Mr Crandon was appointed to the Committee on 4 August 2011 replacing Mr Tim Nicholls MP. Mr Nicholls was

the Deputy Chair of the Committee between 17 June and 4 August 2011. Mr Stevens was elected as Deputy Chair on 24 August 2011.

1 Parliament of Queensland Act 2001, s.108



2.2 54th

Parliament

On 17 May 2012 the Legislative Assembly passed the Parliament of Queensland and Other Acts

Amendment Act 2012. The Act received Assent and commenced on 18 May 2012. The amendments

provide for the membership and operation of portfolio committees according to the numbers of

government members and non-government members making up the membership of the Assembly.

The Finance and Administration Committee (54th

Parliament) was established by the Legislative

Assembly on 18 May 2012.

The Committee comprises of six members nominated by the Manager of Government Business and

two members nominated by the Leader of the Opposition.

Finance and Administration Committee (54th

Parliament)

From top left to bottom right: Mr Michael Crandon MP, Chair and Member for Coomera (LNP);

Mr Curtis Pitt MP, Deputy Chair and Member for Mulgrave (ALP); Mr Reg Gulley MP, Member for

Murrumba (LNP); Mr Ian Kaye MP, Member for Greenslopes (LNP); Mr Tim Mulherin MP, Member

for Mackay (ALP); Mrs Freya Ostapovitch MP, Member for Stretton (LNP); Mr Ted Sorensen MP,

Member for Hervey Bay (LNP); and Mr Mark Stewart MP, Member for Sunnybank (LNP).

3. Role of the Committee

In relation to its areas of responsibility, the Committee:

� examines bills to consider the policy to be given effect by the legislation to be enacted;

� examines the estimates of each department;

� examines bills for the application of the fundamental legislative principles set out in the

Legislative Standards Act 1992 (s4);

� considers the lawfulness of subordinate legislation;

� assesses the public accounts of each agency within the areas of responsibility in regard to

the integrity, economy, efficiency and effectiveness of financial management by:

� examining government financial documents; and

� considering the annual and other reports of the auditor-general;

� considers the public works of each agency within the areas of responsibility in light of

matters including, but not limited to the:

� suitability of the works for the purpose,

� necessity for the works,

� value for money of the works,



� revenue produced by, and recurrent costs of, the works, or estimates of revenue

and costs,

� present and prospective public value of the works,

� procurement methods used for the works, and

� actual suitability of the works in meeting the needs in and achieving the stated

purpose of the works.

3.1 53rd

Parliament

The Finance and Administration Committee (53rd Parliament) was a portfolio committee of the

Legislative Assembly with the following areas of responsibility:

� Premier and Cabinet;

� Reconstruction;

� Treasury;

� Finance;

� Arts; and

� Public Works and IT.

The Committee also had oversight functions in relation to the Auditor-General and the Integrity

Commissioner.

3.2 54th

Parliament

The Committee’s areas of responsibility are as follows:

� Premier and Cabinet; and

� Treasury and Trade.

The Committee also has oversight functions in relation to the Auditor-General and the Integrity

Commissioner.

4. Auditor-General and Queensland Audit Office

The Auditor-General Act 2009 gives the Committee specific statutory responsibilities in relation to

the Auditor-General and the Queensland Audit Office (QAO).

The Committee tabled Report No 11 – Oversight of responsibilities with respect to the Auditor-

General of Queensland 2011 on 16 February 2012. This report highlights the actions taken by the

Committee in the course of undertaking its responsibilities during 2011.

4.1 Appointment and removal of Auditor-General

The Premier (as the responsible minister) must consult with the Committee about the appointment

selection process, the appointment of the person as Auditor-General and the terms of appointment.

The Committee must also agree to any proposed motion to remove the Auditor-General from

office.2

2 Auditor-General Act 2009, ss9, 11 and 18



The former Auditor-General’s, Mr Glenn Poole, term of office expired in December 2011. The

former Premier wrote to the Committee in July 2011 regarding the proposed process she intended

to follow in order to appoint his successor. The Premier proposed that the Chair of the Committee

be a member of the selection panel.3

The Committee agreed unanimously that the proposed selection process was appropriate and that

the Chair should accept the invitation to be on the panel. The Committee was split, however,

regarding composition of the selection panel. The non-government Members of the Committee

argued that the Deputy Chair of the Committee should be included on the selection panel, as an

additional member, in order to add to the transparency of the selection process of this independent

statutory officer.4

The Committee resolved, after a vote, to advise the Premier of its supports for both the proposed

selection process and panel composition and the Chair accepted the invitation to be on the panel.

The then Acting Premier wrote to the Committee in October 2011 advising the outcome of the

selection process and advising that Mr Andrew Greaves was considered to the most meritorious

applicant and recommending that he be nominated for the appointment of the Auditor-General for

a term of seven years from 17 December 2011. The Committee was provided with a copy of

Mr Greaves’ resume and advice that referee reports had confirmed his strong candidacy.5

The Committee provided its written response advising that the Chair has reported to the Committee

regarding the selection process. The Committee advised that it has noted the Chair’s report and the

information provided by the Acting Premier and had no issues with the proposed nominee and

remuneration package for the appointment.6

The appointment was approved by the Governor in Council on 3 November 2011 and the then

Premier announced Mr Greaves’ appointment publicly that same day.7

Mr Poole retired from the Office of Auditor-General of Queensland on 16 December 2011 and

Mr Greaves commenced office on 17 December 2011. Mr Greaves’ contract is due to conclude on

16 December 2018.8

4.2 Audit office budget

The Treasurer must consult with the Committee in developing the annual budget of the audit office.9

In October 2011, the former Deputy Premier, Treasurer and Minister for State Development and

Trade, wrote to the Committee regarding the process for the 2011-12 Mid Year Financial and

Economic Review (MYFER). The Committee consulted with the then Auditor-General regarding any

anticipated funding issues. He advised the Committee that additional funding would not be required

at this time.10

3 Finance and Administration Committee, Report No. 11 – Oversight responsibilities with respect to the Auditor-General of Queensland

2011, February 2011: 10-11 4 Finance and Administration Committee, Report No. 11 – Oversight responsibilities with respect to the Auditor-General of Queensland





2011, February 2011: 10-11 9 Auditor-General Act 2009, s21

10 Finance and Administration Committee, Report No. 11 – Oversight responsibilities with respect to the Auditor-General of Queensland

2011, February 2011: 11



In December 2011, the then Acting Treasurer and Minister for State Development for Trade, wrote

to the Committee advising of the outcomes in respect of the MYFER confirming that the QAO did not

seek any additional funding.

In June 2012, the Treasurer and Minister for Trade, wrote to the Committee regarding the

consultation process for the 2012-13 Budget. The Committee will be consulting further with the

Auditor-General and the Treasurer and Minister for Trade prior to the finalisation of the 2012-13

Budget.

4.3 Strategic Reviews

Strategic reviews of the audit office must be conducted every five years by appropriately qualified

persons appointed by the Governor in Council. The Premier is required to consult with the

Committee on the appointment and the terms of reference.11

Such reviews include an examination of the Auditor-General’s functions and the performance of

those functions to assess whether they are being performed economically, effectively and efficiently.

Under section 70(7) of the Auditor-General Act the report is referred to the Committee.

The Committee continues to monitor progress in regard to the 2009 Strategic Review. The next

Strategic Review Report is due by June 2016.

4.4 Reporting of sensitive information

If the Auditor-General considers that disclosure of a matter in a report to Parliament would be

against the public interest, the matter must be reported to the committee instead.12

The Auditor-General did not report any matters of this nature to the committee during the reporting

period.

4.5 Pecuniary interests declaration

The Auditor-General is required to lodge a pecuniary interests statement with the Speaker. The

Speaker must provide a copy of the statement to the committee if requested.13

4.6 Audit Office strategic plan

The Financial and Performance Management Standard 2009 (s9) requires that accountable officers14

develop a strategic plan and in developing the plans they must comply with the document called

‘Agency planning requirements’ prepared by the Department of Premier and Cabinet.15

That document requires that the Auditor-General consult with the Treasurer and the Committee

about the resource implications of strategic plans for the audit office.16

In June 2012, the Auditor-General consulted with the Committee regarding QAO’s Strategic Plan

2012-2016. The Committee considered the plan and supported the themes and priorities outlined in

it.

4.6 Strategic Audit Plan

In June 2011, legislation was passed by the Legislative Assembly expanding the Auditor-General’s

mandate to include performance audits.

11

Auditor-General Act 2009, ss68, 69 and 70 12

Auditor-General Act 2009, s 66 13

Auditor-General Act 2009, s 12 14

The Auditor-General is the accountable officer for QAO under the Public Service Act 2008. 15

Financial and Performance Management Standard 2009, s 9 16

Queensland Government, Agency Planning Requirements, October 2010: 11-12



The Auditor-General may conduct performance audits and performance management system (PMS)

audits in accordance with sections 37A and 38 of the Act. The PMS audit function has been retained

for government owned corporations (GOCs).

Section 38A of the Audit-General Act requires the Auditor-General to prepare a strategic audit plan

of proposed performance audits and PMS audits for the next three years. In preparing the strategic

audit plan, the Auditor-General is required to consult with the parliamentary committee and any

relevant entities.

A draft of the strategic plan (the plan) must be provided to the parliamentary committee and the

Auditor-General must consider any comments made by the parliamentary committee when finalising

the strategic audit plan (section 38A (5)).

Section 38A (4) provides that the Committee must return the draft of the strategic audit plan with

any comments to the Auditor-general within 42 days of receiving the draft. The Auditor-General

must then consider any comments made by the Committee when finalising the strategic audit plan

(section 38A (5)). The strategic audit plan must be finalised before the end of each financial year

(section 38A (6)).

In accordance with section 8 of the Act, the Auditor-General is not subject to direction by any person

regarding the exercise of powers in relation to audits or the priority given to audit matters. The

Auditor-General therefore retains the mandate to set and alter the strategic audit plan without

direction from any person (section 38A (8)). The Act requires that the strategic audit plan be

finalised prior to the end of each financial year and be published on the QAO website (section 38A

(7)).

The Auditor-General Act (section 87) provides for the first strategic audit plan to be prepared under

s38A be finalised before either 1 July 2012 or another date agreed between the Auditor-General and

the committee.

The Auditor-General requested, in view of the timing of the election and subsequent reconstitution

of the committee system and the government’s decision to defer the budget until September, to

seek an extension to the finalisation of the plan for this year until September.

In line with section 87 of the Auditor-General Act 2009 the Committee agreed with the Auditor-

General that the date for the first strategic audit plan to be prepared under section 38A is to be

30 September 2012. The Committee advised the Legislative Assembly of this agreement on 7 June

2012.

For the purpose of section 38A, the Committee considers that the start date for the 42 day

consultation period to be 4 June 2012 as this is the date that the Committee received the revised

version of the Strategic Audit Plan. As part of its consideration of the plan, the Committee will be

consulting with the other portfolio committees and the Committee of the Legislative Assembly

regarding the plan. The Committee is required to provide its consolidated comments to the Auditor-

General by 16 July 2012.

4.7 Oversight responsibilities with respect to the Auditor-General of Queensland 2011

As noted above, the Committee has oversight responsibilities with respect to the Auditor-General

and his office which are set out in both the Parliament of Queensland Act 2001 and the Auditor-

General Act 2009. One of these responsibilities is to consider the annual and other reports of the

Auditor-General in respect of the Committee’s portfolio responsibilities.

The Committee tabled its Report No 11 – Oversight responsibilities with respect to the Auditor-

General of Queensland 2011, on 16 February 2011. This report highlighted the actions taken by the

Committee in the course of undertaking its responsibilities in 2011. The Committee made no

recommendations in the report.



5. Integrity Commissioner

The Integrity Act 2009 gives the Committee specific statutory responsibilities in relation to the

Integrity Commissioner.

These responsibilities include:

� to monitor and review the performance by the integrity commissioner of the integrity

commissioner’s functions;

� to report to the Legislative Assembly on any matter concerning the integrity commissioner,

the integrity commissioner’s functions or the performance of the integrity commissioner’s

functions that the committee considers should be drawn to the Legislative Assembly’s

attention;

� to examine each annual report tabled in the Legislative Assembly and if appropriate, to

make comment on any aspect of the report and to make recommendations;

� to examine each strategic review report tabled in the Legislative Assembly and if

appropriate, to comment on any aspect of the report and to make recommendations;

� to report to the Legislative Assembly any changes to the functions and procedures of the

integrity commissioner the committee considers desirable for the more effective operation

of the Act;

� other functions conferred on the committee by the Act.17

The Committee met with the Integrity Commissioner in August and November 2011 and he also

provided additional information as required. The Committee also reviewed the Integrity

Commissioner’s annual report which was tabled on 30 September 2011.

5.1 Strategic Reviews

The Integrity Act also requires that a strategic review of the Integrity Commissioner’s functions is

conducted within 4 years after the commencement of that section of the Act.18 The first strategic

review must be conducted by January 2014.

The Minister is required to consult with the Committee about the appointment of the reviewer and

the terms of reference of the review. Once tabled the report is deemed to be referred to the

Committee.19

5.2 Oversight of the Queensland Integrity Commissioner 2011

The Committee tabled Report No 13 – Oversight of the Queensland Integrity Commissioner 2011 on

16 February 2012. This report highlights the actions taken by the Committee in the course of

undertaking its responsibilities during 2011.

The Committee made the following recommendations in Report No 13:

1. that the Act be amended to allow the Commissioner to provide advice in circumstances

where the chief executive has not given the necessary authority to the officer.

2. that section 42(1)(e) of the Integrity Act be deleted and instead its provisions be included

under section 42(2) as matters that are not a lobbying activity as recommended by the

Integrity Commissioner.

17

Integrity Act 2009, s89 18

Integrity Act 2009, s86 19

Integrity Act 2009, s88



3. that the ‘occasional’ and ‘incidental’ exception be removed from section 43 of the Act as

recommended by the Integrity Commissioner.

4. that the government consider amending the Act to include a part dealing with post-

separation obligations for former senior government representatives, and that this part

include, if appropriate, sanctions for breaches of the Act as recommended by the Integrity

Commissioner.

The government tabled an interim response to the report on 25 May 2012, advising that the election

had impacted the time government has had to consider the report and respond in full. The interim

response noted that the government was undertaking a review of the Integrity Act 2009 and is

considering the committee's recommendations for amendment, or consideration of amendment, to

the Act in the report as part of the review. A final response is due by 16 August 2012.

6. Committee Reports and Inquiries

6.1 Ministerial Responses

A ministerial response to Committee recommendations is required to be tabled in the Legislative

Assembly within three months of the report being tabled.20 If the minister is unable to comply with

this requirement, an interim response must be tabled, setting out the reasons for not complying. A

final ministerial response is required no later than six months after the Committee’s report is tabled.

6.2 Budget Estimates

The Committee considered the estimates on its portfolio areas for the 2010-11 financial year. The

Legislative Assembly also referred the estimates for the Legislative Assembly and Parliamentary

Service to the Committee for examination and report.

The Committee held a public hearing on 12 July 2011 and tabled Report Nos 1 and 2 and a volume of

additional information on 1 August 2011.

6.3 Subordinate Legislation

The Committee’s consideration of subordinate legislation the Committee tabled the following

reports:

� Report 6 – Portfolio subordinate legislation tabled between 2 and 23 August 2011 tabled

26 October 2011 (53rd

Parliament)

� Report 8 – Portfolio subordinate legislation tabled between 23 August and 15 November

2011 tabled 30 November 2011 (53rd

Parliament)

� Report 15 – Portfolio subordinate legislation tabled between 15 November 2011 and

14 February 2012 tabled 21 June 2012

6.4 Unfinalised inquiry – 53rd

Parliament – Review of the meaning of fundamental

legislative principles

On 26 October 2011 the Legislative Assembly agreed to a motion that the Finance and

Administration Committee continue the review of the meaning of fundamental legislative principles

as recommended by the former Scrutiny of Legislation Committee in its Report 47 titled 'Our

Principles: Review of the meaning of fundamental legislative principles'. The Committee was

required to report by 31 March 2012.

20 Parliament of Queensland Act 2001, s107



The Committee called for written submissions with a closing date of 24 February 2012. However,

due to the dissolution of the 53rd Parliament for the election on 19 February 2012, this inquiry lapsed

and has not been re-referred to the Committee.

Prior to the dissolution of the Parliament the Committee had received two submissions and these

were tabled by the Committee on 17 February 2012.

6.5 Unfinalised inquiry – 53rd

Parliament – Consideration of Queensland Art Gallery

Amendment Bill 2011

On 29 November 2011 the Queensland Art Gallery Amendment Bill 2011 was referred to the

Committee. The Committee was required to report on the Bill by 19 March 2012.

The objective of the Bill was to enable the Queensland Art Gallery Board of Trustees to establish a

committee, including Board members and non-Board members, to carry on the activities of the

Queensland Art Gallery Foundation.

The Committee called for written submissions with a closing date of 31 January 2012. No

submissions were received.

Due to the dissolution of the Parliament for the election, the Committee was unable to finalise its

inquiry.

6.6 53rd

Parliament – Consideration of Building Boost Grant Bill 2011

On 8 September 2011 the Building Boost Grant Bill 2011 was referred to the Committee. Initially the

Committee was required under the Standing Orders to report to the House within six months of the

referral, ie 8 March 2012. However, in view of the fact that the Building Boost Grant commenced on

1 August and was available until 31 January 2012, the Committee agreed a time schedule to report

to the House by 20 October 2011. However, the Legislative Assembly agreed to a motion on

13 October 2011 which required the Committee to report to the House by 18 October 2011.

The Bill implemented the 2011-12 state budget announcement of a Queensland Building Boost

Grant. The grant was for $10,000 for the purchase or construction of a new home in Queensland

valued at less than $600,000. The grant was available for eligible transactions undertaken between

1 August 2011 and 31 January 2012.

The Bill also proposed amendments to the State Development and Public Works Organisation Act

1971. The amendment proposed to insert a clear head of power into the Act to allow for the

Coordinator-General to recover costs incurred in assessing a proposed infrastructure facility of

significance mentioned in section 125(1)(f) of the Act. Other amendments proposed to improve the

efficiency of current processes and actions, and to clarify intent.

The Committee’s consideration of the Bill included calling for public submissions; a briefing by

officers from Queensland Treasury, the Office of State Revenue and the Department of Employment,

Economic Development and Innovation; and a public hearing.

The Committee advertised its inquiry into the Bill in The Courier Mail on Saturday 17 September

2011. The Committee also wrote to stakeholder groups inviting written submissions on the Bill. The

closing date for submissions was Friday 30 September 2011. The Committee received two

submissions.

Officers from Queensland Treasury, the Office of State Revenue and the Department of

Employment, Economic Development and Innovation provided a public briefing to the Committee on

6 October 2011.



The Committee held a public hearing on Wednesday 12 October 2011 at Parliament House,

Brisbane. The committee invited the following industry groups to attend the hearing to provide an

industry perspective on the effect the grant is having:

� Master Builders Association of Queensland

� Housing Industry Association Queensland (HIA)

� Urban Development Institute of Australia (Queensland) (UDIA)

� Property Council of Australia (Queensland Division)

� Real Estate Institute of Queensland (REIQ)

� Builders Labourers Federation Queensland (BLFQ)

The Committee heard that the building industry was experiencing a severe downturn and welcomed

the government’s grant scheme. Whilst it is always difficult to attribute success or failure to one

particular policy, the committee considered that this scheme was helpful to the industry, even if it

only produced a small contribution in overall terms.

With respect to the amendments to the State Development and Public Works Organisation Act 1971,

the Committee considered the proposed amendments to be acceptable.

The Committee tabled its Report No 4 on 18 October 2011 and made one recommendation – that

the Bill be passed.

6.7 53rd

Parliament – Consideration of Disaster Readiness Amendment Bill 2011

The House referred the Bill to the Committee on 11 October 2011. Initially the Committee was

required under the Standing Orders to report to the House within six months of the referral, ie 11

April 2012. However, this was changed to require the Committee to report by 24 October 2011, as

advised to the House on 13 October 2011.

The objective of the Bill was to amend a number of Acts in order to implement recommendations of

the Queensland Floods Commission of Inquiry Interim Report and to improve the State’s disaster

preparedness ahead of the next wet season.

The Committee’s consideration of the Bill included a briefing by departmental officers and a public

hearing. The Committee was unable to call for public submissions due to the short time frame

allowed for reporting on the Bill agreed to by the House.

Officers from the Department of Premier and Cabinet (DPC); the Department of Environment and

Resource Management (DERM); the Department of Community Safety (DCS); the Department of

Transport and Main Roads (DTMR) and the Department of Local Government and Planning (DLGP)

briefed the Committee on the Bill on Friday 14 October 2011.

The Committee held a public hearing on Wednesday 19 October 2011 at Parliament House,

Brisbane. The committee invited the following stakeholder groups to attend the hearing to provide

an industry perspective on the practical effects of the amendments:

� Queensland Farmers’ Federation (QFF)

� Local Government Association of Queensland (LGAQ)

� Royal Automobile Club of Queensland (RACQ)

� Queensland Bulk Water Supply Authority, trading as Seqwater

� SunWater Limited (SunWater)

The Committee tabled its Report No 5 on 24 October 2011. The report contained one

recommendation – that the Bill be passed.



6.8 53rd

Parliament – Consideration of Commonwealth Games Arrangements Bill 2011

The Commonwealth Games Arrangements Bill 2011 was referred to the Committee on 17 November

2011. The Committee was required to report to the Legislative Assembly by 28 November 2011.

The Committee’s consideration of the Bill included a written briefing from the Department of the

Premier and Cabinet (DPC). The Committee was unable to call for public submissions due to the

short time frame allowed for reporting on the Bill agreed to by the House.

The objective of the Bill was to establish the Gold Coast 2018 Commonwealth Games Corporation to

plan, organise and deliver the 2018 Commonwealth Games in conjunction with the Australian

Commonwealth Games Association (ACGA) and the Commonwealth Games Federation (CGF).

The Committee tabled its report No 7 on 28 November 2011. In addition to recommending that the

Bill be passed, the Committee recommended that:

2. the Bill be amended to stipulate that at least 25% of the members of the board emanate

from the Gold Coast community.

3. the Bill be amended to stipulate that members remuneration, allowances and terms and

conditions be disclosed publicly as soon as practicable after the decision of the Governor in

Council.

4. that the Bill be amended to clarify Clause 24 regarding who has the casting vote in the event

that the chairperson, as nominated by the Minister, is absent from a vote and the process to

be followed in such an event.

The government response did not support recommendation numbers 2 and 3. However, the

response indicated that the government recognised the need to have members emanating from the

Gold Coast community on the board and accepted the reasoning behind recommendation number 3

and agreed to publicly release the remuneration, allowances and terms and conditions of members

of the board.

The government supported recommendation number 4 and advised that an amendment would be

moved during consideration in detail to clarify if votes are equal and the regular chairperson is

absent, the vote will be deferred until the next meeting of the board where the regular chairperson

is present. These amendments were not moved when the Bill was debated in the Legislative

Assembly. On 1 February 2012, the then Premier wrote to the Committee advising that it was not

possible to move the amendment to the Bill as the draft amendment did not arrive at Parliament

House in time for the proceedings. The Committee was advised that the amendment would be

progressed at the earliest convenience.21

6.9 53rd

Parliament – Consideration of Charitable and Non-Profit Gaming (Two-up)

Amendment Bill 2011 and Criminal Code (Anzac Day Betting) Amendment Bill 2011

The then Deputy Premier and Attorney-General, Minister for Local Government and Special Minister

of State, the Hon Paul Lucas MP, introduced the Charitable and Non-Profit Gaming (Two-up)

Amendment Bill 2011 to the Legislative Assembly on 7 September 2011. The Bill was referred to the

Finance and Administration Committee that same day.

The Criminal Code (Anzac Day Betting) Amendment Bill 2011 was introduced, as a Private Member’s

Bill, on 11 May 2011 by the then Member for Kawana, Mr Jarrod Bleijie MP. The Legislative

Assembly referred the Bill to the Finance and Administration Committee on 8 September 2011.

The Legislative Assembly also agreed a motion on 8 September 2011 to treat the Bills as cognate

Bills.

21

Correspondence from Hon A Bligh MP, Premier of Queensland, to FAC dated 1 February 2011: 1



The Committee was required under Standing Orders to report to the House within six months of the

referral, ie 7 March 2012. The Committee considered it appropriate that the issue of the legality of

two-up games be resolved by the Parliament prior to Anzac Day celebrations in 2012. Therefore, the

Committee agreed to a timetable which anticipated a reporting date of 1 December 2011.

The Committee found that the basic objective of both Bills was to ensure that those participating in

two-up games whilst celebrating Anzac Day were not at risk of prosecution. The two Bills under

consideration offered two alternatives of achieving that objective.

The Committee’s consideration of the Bills included calling for public submissions; a public briefing

by officers from the Department of Justice and Attorney-General; a written submission from the

Member for Kawana and a public hearing.

The Committee held a public briefing on the Bills with officers from the Department of Justice and

Attorney-General on Wednesday 12 October 2011. The Committee advertised its inquiry into the

Bills in The Courier Mail on Saturday 17 September 2011. The Committee also wrote to stakeholder

groups inviting written submissions on the Bills. The closing date for submissions was Friday

21 October 2011. The Committee received five public submissions and a written submission from

the Member for Kawana.

The Committee held a public hearing on Wednesday 16 November 2011 at Parliament House,

Brisbane. The Committee invited the following industry groups to attend the hearing:

� Queensland Hotels Association (QHA)

� RSL & Services Clubs Association Queensland Inc

� Clubs Queensland

� Queensland Law Society

� Returned and Services League of Australia (Qld Branch) (RSL)

The Committee also invited representatives from the Department of Justice and Attorney-General to

attend the hearing in order to provide responses to issues raised at the hearing.

After due consideration of both Bills, the Committee considered the Government Bill to be the

better alternative. The Committee heard evidence that Remembrance Day should not be one of the

days on which two-up is allowed, due to the more sombre nature of this day. The Committee also

considered that the definition of ‘game’ needed to be clarified to include two-up.

The Committee tabled Report No 9 on 1 December 2011. In addition to the recommendation that

the Charitable and Non-Profit Gaming (Two-up) Amendment Bill 2011 be passed and that the

Criminal Code (Anzac Day Betting) Amendment Bill 2011 not be passed, the Committee made two

further recommendations as follows:

3. That the definition of the meaning of game in section 11 of the Charitable and Non-Profit

Gaming Act 1999 be amended to include two-up as an example of game; and

4. That Remembrance Day be excluded from the days on which two-up is allowed to be played.

The Minister tabled the government response on 14 February 2012, supporting all four of the

Committee’s recommendations.

6.10 53rd

Parliament – Consideration of Building Boost Grant Amendment Bill 2011

The objective of the Bill was to extend the closing date for applications for the Queensland Building

Boost Grant scheme by three months from 1 February 2012 to 1 May 2012.



The Bill was referred to the Committee on 14 February 2012. The Committee was required to report

to the Legislative Assembly by 20 April 2012. In view of the proposed time frames of the Bill the

Committee agreed to report urgently.

The Committee tabled its Report No 10 on 15 February 2012. It recommended that the Bill be

passed.

6.11 53rd

Parliament – Review of Auditor-General’s Report No 9 for 2011 – Acquisition

and Public Access to the Museum, Art Gallery and Library Collections

The Auditor-General tabled Report No 9 for 2011 – Acquisition and public access to the Museum, Art

Gallery and Library collections on 11 October 2011. In October 2011 the Committee agreed to

investigate the issues identified in the report.

The Committee held a public hearing at Parliament House in Brisbane on Wednesday 30 November

2011. The Committee also sought additional information from the Auditor-General and Arts

Queensland (AQ) and the arts bodies (ASBs) subsequent to the hearing.

The Committee tabled its Report No 12 on 16 February 2012. It made six recommendations as

follows:

1. that AQ’s proposed coordinated marketing and communications strategies are developed in

consultation with ASBs, CEOs, TQ and EQ.

2. that AQ publish its draft Cultural Centre strategy paper in order to facilitate consultation.

3. that AQ publicly report on its range of performance measures, specifically addressing both

its legislative objectives and the broad range of services offered.

4. cooperation between AQ and each ASB in ensuring that their performance measures align

with their stated legislated objectives.

5. that the ASBs continue to prioritise their regional programs and continue to identify

opportunities to collaborate in this context.

6. that the DPC put in place appropriate strategic planning processes to ensure that

appropriate storage capacity is available as required.

The government response was tabled on 17 May 2012. The government supported

recommendations numbers 1, 2 and 5 in full and recommendation numbers 3 and 4 in part. No

response was provided for recommendation number 6.

6.12 54th

Parliament – Consideration of Industrial Relations (Fair Work Act

Harmonisation) and Other Legislation Amendment Bill 2012

The Attorney-General and Minister for Justice, the Hon Jarrod Bleijie MP, introduced the Industrial

Relations (Fair Work Act Harmonisation) and Other Legislation Amendment Bill 2012 to the

Legislative Assembly on 17 May 2012. The Committee was required to report to the Legislative

Assembly by 1 June 2012.

The objective of the Bill was to amend the Industrial Relations Act 1999 (IR Act) to modernise the law

to reflect certain key aspects of the commonwealth industrial relations regime and to require the

Queensland Industrial Relations Commission (QIRC) to give consideration to the prevailing economic

conditions when determining wages and employment conditions. In addition, the Bill amended the

Public Service Act 2008 to allow members of the QIRC to hear public service appeals.

The Committee’s consideration of the bill included calling for public submissions; a public briefing by

officers from the Department of Justice and Attorney-General (DJAG); and a public hearing.



The Committee also wrote to stakeholder groups inviting written submissions on the Bill. The

closing date for submissions was Friday 25 May 2012. The Committee received fourteen

submissions.

The committee held a public hearing on Wednesday 30 May 2012 at Parliament House, Brisbane.

The following groups, invited by the committee, attended the hearing:

� Queensland Teachers’ Union (QTU)

� United Firefighters Union of Australia (UFUA)

� Chamber of Commerce and Industry Queensland (CCIQ)

� Queensland Council of Unions (QCU)

� United Voice Queensland

� Electrical Trades Union of Employees (ETU)

� Queensland Independent Education Union of Employees (QIEU)

� Building Services Contractors’ Association of Australia (BSCAA)

� Local Government Association of Queensland (LGAQ)

The Committee also held a public departmental briefing with officers from the Department of Justice

and Attorney-General on Wednesday 30 May 2012.

The Committee tabled its Report No 14 on 1 June 2012. In addition to the recommendation that Bill

be passed, the Committee made three further recommendations as follows:

2. that the Bill be amended to include transitional arrangements ensuring that all processes

which have already commenced be concluded under the previous arrangements

3. that the Bill be amended to include provision omitting the requirement of a signed

agreement in the event of an employer/employee agreement provided the employer can

provide satisfactory evidence to the commission that a valid majority of relevant employees

subject to the agreement approved the proposed agreement.

4. that the Bill be amended to allow for additional ballot methods if the ECQ considers these

other methods to be appropriate.

The government response was tabled on 6 June 2012. The government considered that the

transitional arrangements contained within the Bill were sufficient to meet this recommendation.

The government supported recommendation number 3 and did not support recommendation

number 4 on the basis that it had the potential to confuse those participating in the process.

7. On-going Committee Inquiries

7.1 Inquiry into the Operation of Queensland’s Workers’ Compensation Scheme

On 7 June 2012 the Legislative Assembly agreed to a motion that the Finance and Administration

Committee inquire into and report on the operation of Queensland's workers' compensation

scheme.

In particular the committee is required to consider:

� the performance of the scheme in meeting its objectives under section 5 of the Act;

� how the Queensland workers' compensation scheme compares to the scheme arrangements

in other Australian jurisdictions;



� WorkCover's current and future financial position and its impact on the Queensland

economy, the State's competitiveness and employment growth;

� whether the reforms implemented in 2010 have addressed the growth in common law

claims and claims cost that was evidenced in the scheme from 2007-08;

� whether the current self-insurance arrangements legislated in Queensland continue to be

appropriate for the contemporary working environment;

� in conducting the inquiry, the committee should also consider and report on implementation

of the recommendations of the Structural Review of Institutional and Working

Arrangements in Queensland's Workers' Compensation Scheme.

The Committee is required to report to the Parliament by 28 February 2013. This inquiry will be

completed in the next reporting period.

8. Meeting Attendance Record

The following tables detail Members’ attendance at committee meetings and hearings.

53rd Parliament – 1 July 2011 to 19 February 2012

Me

eti

ng

Da

te

We

nd

t

Nic

ho

lls

Ba

tes

Bo

yle

Cro

ft

Ste

ve

ns

Cra

nd

on

Do

wli

ng

Wa

tt

12/07/2011 � � � � � �

03/08/2011 � � � � � �

24/08/2011 � � � � � �

07/09/2011 � � � � � �

12/09/2011 � � � x � �

06/10/2011 � � � � � �

12/10/2011 � � � � � �

14/10/2011 � � � x x �

18/10/2011 � � � � � �

*19/10/2011 � � � �

24/10/2011 � � � x x �

26/10/2011 � � � � � �

16/11/2011 � � � � � �

17/11/2011 � � x � � x

23/11/2011 � � x � � �

28/11/2011 � � x � � �

30/11/2011 � � � � � �

15/02/2012 � � � � � �

Mr Crandon was appointed to the Committee on 4 August 2011 replacing Mr Nicholls. Mr Dowling and Mr Watt

were appointed to the Committee to replace Mr Stevens and Hon Boyle respectively for the Estimates process.

*A sub-committee was appointed for the hearing and meeting held 19 October 2011.



54th Parliament – 18 May 2012 to 30 June 2012

Me

eti

ng

Da

te

Cra

nd

on

Pit

t

Gu

lle

y

Ka

ye

Mu

lhe

rin

Ost

ap

ov

itch

So

ren

sen

Ste

wa

rt

Pa

lasz

czu

k

21/05/2012 � � � � � � � �

30/05/2012 � � � � x � � �

31/05/2012 � � � � x x � �

01/06/2012 � � � x � � � �

06/06/2012 � � � � x � � �

20/06/2012 � x � � � � � � �

Ms Palaszczuk replaced Mr Mulherin for part of the Committee’s meeting and hearing on 20 June 2012.

9. Committee Secretariat

A full time Research Director, Principal Research Officer and Executive Assistant (job share position)

support the Committee in its activities.

10. Committee Expenditure

The Committee is funded from the appropriation made to the Legislative Assembly.

Details of the Finance and Administration Committee expenditure for the period 1 July 2011 to

30 June 2012 are set out in the following table:

Detail $

Staff salaries and related expenses 258,792

Employer superannuation contributions 30,892

Salary related taxes and workcover 13,493

Travel expenses* (1,519)

Advertising, printing and stationery 5,441

Meeting/Hearing expenses 4,193

Telecommunication costs 1,330

Subscriptions and publications 341

Total Expenditure 312,962

*Travel expenses relate to a refund relating to the previous financial year.

The Committee’s budget allocation for the 2011 – 12 financial year was $333,290.

annual report 2011 – 2012€¦ · on 19 february 2012, the 53 rd parliament was dissolved for the...

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