POLICE AND CORRECTIONS (AMENDMENT) BILL Wednesday, 30 April 1997 COUNCIL 509 Wednesday, 30 April 1997 Supreme Court Act 1986 - No. 31. Subordinate Legislation Act 1994 - Minister's exception certificate under section 8(4) in respect of Statutory Rule No. 31/1997. The PRESIDENT (Hon. B. A. Chamberlain) took the chair at 10.02 a.m. and read the prayer. Ministers' exemption certificates under section 9(6) in respect of Statutory Rules Nos 30 and 34/1997. POLICE AND CORRECTIONS Proclamations of His Excellency the Govemor in (AMENDMENT) BILL Council fixing operative dates in respect of the following Acts: Introduction and first reading Firearms Act 1996 - Remaining provisions (except Received from Assembly. sections 201(3) and 202) - 29 April 1997 (Gazette No. G16, 24 April 1997). Read first time on motion of Hon. G. R CRAIGE (Minister for Roads and Ports). Parliament House Completion Authority (Repeal) Act 1997 - Remaining provisions - 22 April 1997 (Gazette BUDGET PAPERS, 1997-98 No. 42,22 April 1997). Hon. RI. KNOWLES (Minister for Health) - By BUSINESS OF THE HOUSE leave, I move: Sessional orders That there be laid before this house a copy of the following 1997-98 budget papers: Hon. R. I. KNOWLES (Minister for Health) - I (a) Treasurer's Speech (Budget Paper No. 1); move: (b) Budget Statement (Budget Paper No. 2); That so much of the sessional orders be suspended as (c) Budget Estimates (Budget Paper No. 3). would prevent general business taking precedence over other business until 2.30 p.m. during the sitting of the Motion agreed to. Council this day. Laid on table. Motion agreed to. Ordered to be considered next day on motion of AUDITOR-GENERAL: INDEPENDENCE Hon. R.1. KNOWLES (Minister for Health). Hon. T. C. THEOPHANOUS (Jika Jika) - I move: PAPERS That this house - Laid on table by Clerk: (a) recognises that the Victorian Commission of Audit, Crown Land (Reserves) Act 1978 - Minister's Order of the report of the review of the Audit Act and other 12 April 1997 giving approval to granting of lease at performance audits of the Auditor-General's office Kingston. have all acknowledged that the current system of independent auditing by the Auditor-General has Driver Education Centre of Australia Ltd - Minister served Victoria well; for Tertiary Education and Training's report of receipt (b) acknowledges the validity of community concerns, of 1996 Annual Report. and those of prominent persons, about proposed changes to the role of the Auditor-General; Statutory Rules under the following Acts of Parliament: (c) endorses the motion passed by the Australasian Firearms Act 1996 - No. 32. Council of Public Accounts Committees in Fisheries Act 1968 - No. 34. February 1997 supporting the operational independence of the Auditor-General which states Legal Practice Act 1996 - No. 30. that 'The Auditor-General should have the sole Subordinate Legislation Act 1994 - No. 33. power to carry out, or designate an auditor to carry out, the external audit on all agencies which AUDITOR-GENERAL: INDEPENDENCE 510 COUNCIL Wednesday, 30 April 1997 are owned, controlled or substantially responsible department? There are not too many examples of to government'; and that occurring! However, you will find the Auditor-General has found many examples of such (d) believes that, in order to ensure the continuing total practices and has brought them to the attention of independence and effectiveness of the the public. Auditor-General and his office, the Auditor-General should maintain total discretion, Today we have a chance to have a reasoned debate including operational discretion, over the conduct about the role and importance of the of audits of all Victorian government departments Auditor-General. This is an occasion on which this and agencies. house can have an impact on the important issues I have been a member of this house since October facing Victoria and do things in the public interest. 1988. In that time many debates have taken place in There comes a time in our careers when we need to which honourable members have given both good show that we are prepared to stand on principle and and bad speeches. Today's debate is the most support what is right rather than what might be in important debate in which I have ever been involved our short-term political or other interests. I say this because the motion goes to the very heart of our in the knowledge that you, Mr President, have been democratic system of government. Government one of those who has been prepared to comment on members may treat the debate flippantly if they this issue. wish, but they will be judged by the people of Victoria. The Westminster system has been built partially on the independence of the Auditor-General and his or This issue goes to the heart of why we have all her ability to scrutinise the operation of the dedicated much of our lives to public service. It is an executive on behalf of the Parliament and the issue on which we should not flippantly dismiss community. No other government in Australia or each other or shout each other down - it requires elsewhere that operates under the Westminster reasoned debate. I call on all honourable members to system has attacked that fundamental principle, consider the issue carefully during the debate. The which has been followed in Victoria for more than public wants to be assured that as members of 140 years. Victoria is the only state in Australia in Parliament we provide value for money, and the which a conservative government has an assured public debate about the role of the upper house is majority in the upper house, yet in the judgment of partly about that issue. Indeed, the role of the upper the opposition the Victorian Parliament is the most house was examined recently by the press. ineffective and inefficient government-controlled legislature in Australia. That is an indictment on us The upper house probably costs about half as much all because honourable members in this place are not to run as does the Office of the Auditor-General, but prepared to stand up and say, 'Enough is enough! if you went out onto the street and asked people We, at least, have to defend the Victorian whether they would rather see the Victorian upper Auditor-General'. house or the Auditor-General go in a cost-cutting exercise, I dare say there would not be too many The government has been constantly attacking the people who would come down on the side of the independent voices in this state: it has restricted the upper house - and that includes members from rights of individuals to appeal to the Supreme Court, both sides of the house. degraded the role of Parliament, undermined the independence of the judiciary, sacked statutory Honourable members interjecting. bodies, politicised a whole range of government instrumentalities and created a climate of fear in the The PRESIDENT - Order! The issue before the public service. When will it all end? Most people are house is a serious one and should be treated as such saying that it will all end the moment that the by the house. The Leader of the Opposition should Auditor-General is nobbled by the government be allowed to develop his case without being because that is when the notion of democracy shouted down. becomes problematic. The motion supports the independence of the Auditor-General, including his Hon. T. C. THEOPHANOUS - The reason operational independence, and should be supported people would prefer to keep the Auditor-General is by members on both sides of the chamber. obvious when one asks the question: when was the last time the upper house uncovered corruption, Since the government was elected five years ago overspending or mismanagement by a government there have been three reviews of the Office of the AliDITOR-GENERAL: INDEPENDENCE Wednesday, 30 April 1997 COUNCIL 511 Auditor-General, all of which have largely praised ability to choose between the Auditor-General or the efficiency and effectiveness of the office and the private auditors. way the Auditor-General does his job. A more cynical observer might wonder whether the That created a storm of protest. A wide cross-section government conducted such regular and thorough of the community objected to it. The Herald Sun inquiries into the office to see whether it could catch editorial of 25 November 1996 said: the Auditor-General out. However, those thorough examinations have attested to the integrity of Electors, whatever their political allegiance, should not Mr Baragwanath and given credence to the view tolerate any attempt by the ruling coalition to censure that the proposed changes to his office that have or subvert the Auditor-General's role. been justified as being necessary under the government's competition policy are merely an The Sunday Age editorial of 24 November 1996 said: excuse to remove the Auditor-General, who is the last remaining truly independent critic of the The faithful watchdog must remain free, unchained government. and unmuzzled, to do its job. It is the government's arrogance on this issue that needs restraining. All honourable members know they have responsibilities and obligations to their constituents. On behalf of the Victorian Council of Civil Uberties, Members will be aware that Tony Harris, who is the Robert Richter, QC, has stated: New South Wales Auditor-General and who chairs meetings of Australian auditors-general, has drawn Together with changes to a variety of statutory this matter to the attention of members of authorities and judicial bodies this latest move Parliament. In the Australian of 28 April he referred undermines Victoria's commitment to the rule of law to the High Court's decision in Horne v.