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representatives vote 2023-05-24#7
Edited by
mackay staff
on
2023-08-11 10:35:32
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Title
Bills — Infrastructure Australia Amendment (Independent Review) Bill 2023; Consideration in Detail- Infrastructure Australia Amendment (Independent Review) Bill 2023 - Consideration in Detail
Description
<p class="speaker">Dai Le</p><p>by leave—I move amendments (3) to (6), (8) and (9) together:</p><p class="italic">(3) Schedule 1, page 8 (after line 9), after item 5, insert:</p><p class="italic">5A After section 6</p><p class="italic">Insert:</p><p class="italic">6AA Obligations of Minister — funding commitments</p><p class="italic">(1) If:</p><p class="italic">(a) the Commonwealth Government makes a commitment in relation to the funding of a nationally significant infrastructure project; and</p><p class="italic">(b) Infrastructure Australia has not evaluated a proposal for the project;</p><p class="italic">the Minister must, at the same time as the commitment mentioned in paragraph (a) is made, make publicly available a written statement of reasons for the funding of the project.</p><p class="italic">(2) The statement of reasons must:</p><p class="italic">(a) be made available on Infrastructure Australia's website; and</p><p class="italic">(b) be tabled in each House of the Parliament, within 7 sitting days of that House, after the commitment mentioned in paragraph (1)(a) is made.</p><p class="italic">(4) Schedule 1, page 8 (before line 10), before item 6, insert:</p><p class="italic">5B Before section 6A</p><p class="italic">Insert:</p><p class="italic">6AB Obligation to respond to key advice etc.</p><p class="italic">(1) The Commonwealth Government must formally, and publicly, respond to Infrastructure Australia's key advice, findings and recommendations within 12 months after the advice is given, or the findings or recommendations are made.</p><p class="italic">(2) If the Commonwealth Government is unable to respond within the 12-month period mentioned in subsection (1), Infrastructure Australia may, on application by the Minister within that 12-month period, extend that 12-month period by no more than 6 months.</p><p class="italic">(5) Schedule 1, item 8, page 9 (after line 9), after subitem (4), insert:</p><p class="italic"> <i>Minister's obligations</i></p><p class="italic">(4A) Section 6AA of the <i>Infrastructure Australia Act 2008</i>, as inserted by this Part, applies in relation to commitments made on or after the commencement of this item.</p><p class="italic">(6) Schedule 1, item 8, page 9 (before line 10), before subitem (5), insert:</p><p class="italic"> <i>Obligation to respond</i></p><p class="italic">(4B) Section 6AB of the <i>Infrastructure Australia Ac</i><i>t 2008</i>, as inserted by this Part, applies in relation to advice given, and findings and recommendations made, on or after the commencement of this item.</p><p class="italic">(8) Schedule 1, item 22, page 14 (after line 10), after section 11, insert:</p><p class="italic">11A Disclosure of interests</p><p class="italic">(1) A Commissioner must publicly disclose the following:</p><p class="italic">(a) all interests, pecuniary or otherwise, that the Commissioner has or may acquire and that conflict or could potentially conflict with the proper performance of the Commissioner's functions;</p><p class="italic">(b) whether the Commissioner is, or has been, a member of, or affiliated with, a political party or an entity that has a connection with a political party (such as a lobby group or trade union);</p><p class="italic">(c) whether the Commissioner is, or has been, an officer or employee of a local government body.</p><p class="italic">(2) A disclosure for the purposes of subsection (1) must:</p><p class="italic">(a) be made publicly available; and</p><p class="italic">(b) be accessible on Infrastructure Australia's website.</p><p class="italic">(9) Schedule 1, page 19 (after line 20), after item 35, insert:</p><p class="italic">35A Before section 40</p><p class="italic">Insert:</p><p class="italic">39E Advisory Council</p><p class="italic">(1) If an Advisory Council is established to assist or provide advice to Infrastructure Australia or the Commissioners, the Minister must ensure that:</p><p class="italic">(a) each member appointed to the Advisory Council has appropriate and relevant qualifications, knowledge, skills or experience; and</p><p class="italic">(b) at least one member of the Advisory Council has expertise in infrastructure planning for the following:</p><p class="italic">(i) culturally diverse and low socio-economic communities;</p><p class="italic">(ii) rural, regional and remote communities; and</p><p class="italic">(c) the selection of each member of the Advisory Council is the result of a process that is merit-based.</p><p class="italic">(2) Paragraph (1)(c) does not prevent the appointer of members of the Advisory Council:</p><p class="italic">(a) taking affirmative action in relation to the appointment of women, and people of culturally and linguistically diverse backgrounds, to positions; or</p><p class="italic">(b) taking into consideration appropriate representation among States, Territories and local government areas in relation to appointments to positions.</p><p class="italic">(3) Details of the members of the Advisory Council must be made publicly available on Infrastructure Australia's website.</p><p>I believe my amendments are small but measured to ensure that we bring accountability, transparency and integrity back into Infrastructure Australia. We have heard this morning from the members for Wentworth, Curtin and North Sydney about the need for transparency and accountability when it comes to government allocating funding to those areas and communities most in need, in terms of infrastructure spending—not just in marginal seats and, as the member for North Sydney said, not to pork barrel into a seat that the government of the day would like to retain.</p><p>Amendment (3) ensures that there is a reporting mechanism for the minister to announce a major funding commitment to a project that is not listed as a priority on the Infrastructure Australia website. As I stated during the 2019 federal campaign, only one of the coalition's 71 transport promises valued at $100 million or more had a business case approved by Infrastructure Australia. For Labor it was two out of 61 projects, according to the Grattan Institute. The minister's written response must be publicly available and tabled in parliament to ensure complete transparency.</p><p>Similarly, under amendment (4), the government must formally and publicly respond to Infrastructure Australia's key advice and findings within 12 months. Initially, it was recommended that this should be a six-month period by an independent review into Infrastructure Australia; however, after discussions with the minister's office, I understand that this may be a burden, given the huge number of findings and recommendations they must receive. So I ask you to consider conducting this response within a 12-month period. It's worth noting that this independent review into Infrastructure Australia was led by Nicole Lockwood and Mike Mrdak. They have had substantial experience in Infrastructure Western Australia and in the department of infrastructure.</p><p>Amendment (8) will compel any commissioners or advisory council members to publicly disclose whether they were or are part of a major political party or affiliated with a political party, such as if they were part of the executive of certain lobby groups or trade unions. While this doesn't stop people with vested interests from being on the commission or advisory council, it gives the public the opportunity to know who is making certain infrastructure decisions. We owe our constituents that much.</p><p>Amendment (9) seeks to legislate some aspects of the advisory council. Given they will be advising on massive infrastructure funding projects worth over $250 million, we want to ensure that there is integrity within these appointments, and they must have the relevant expertise for such funding decisions, particularly if it impacts so many communities across Australia who are in desperate need of new roads and public transport links. We all pay taxes, we all need roads and we all need public transport. We must focus on the priority areas and communities that are in dire need first.</p> <p class="speaker">Catherine King</p><p>I will be very brief here; I notice the time is ticking on a bit for everyone. Can I just say that a number of the amendments you have raised go to similar points that others have made, so I won't recanvass those.</p><p>In terms of the processes for disclosure of interests of members, there are already processes and legislation in place that govern the conduct and disclosure of accountable authorities, the Public Governance, Performance and Accountability Act. Additionally, of course, there is a process underway at the moment through the finance minister in which Lynelle Briggs is looking at the appointment to boards and conflict-of-interest issues. We would allow that process to play out. If any changes were to be made, they would be made across the breadth of government entities, not just this particular one, which is why we're not supporting it today.</p> <p class="speaker">Milton Dick</p><p>The question is that the amendments moved by the honourable member for Fowler be disagreed to.</p><p></p><p></p> -
- The majority voted in favour of *disagreeing* with [amendments](https://www.openaustralia.org.au/debate/?id=2023-05-24.44.1) introduced by Fowler MP [Dai Le](https://theyvoteforyou.org.au/people/representatives/fowler/dai_le) (Independent), which means they failed.
- ### What do these amendments do?
- Ms Le [explained that](https://www.openaustralia.org.au/debate/?id=2023-05-24.44.1):
- > *Amendment (3) ensures that there is a reporting mechanism for the minister to announce a major funding commitment to a project that is not listed as a priority on the Infrastructure Australia website. As I stated during the 2019 federal campaign, only one of the coalition's 71 transport promises valued at $100 million or more had a business case approved by Infrastructure Australia. For Labor it was two out of 61 projects, according to the Grattan Institute. The minister's written response must be publicly available and tabled in parliament to ensure complete transparency.*
- >
- > *Similarly, under amendment (4), the government must formally and publicly respond to Infrastructure Australia's key advice and findings within 12 months. Initially, it was recommended that this should be a six-month period by an independent review into Infrastructure Australia; however, after discussions with the minister's office, I understand that this may be a burden, given the huge number of findings and recommendations they must receive. So I ask you to consider conducting this response within a 12-month period. It's worth noting that this independent review into Infrastructure Australia was led by Nicole Lockwood and Mike Mrdak. They have had substantial experience in Infrastructure Western Australia and in the department of infrastructure.*
- >
- > *Amendment (8) will compel any commissioners or advisory council members to publicly disclose whether they were or are part of a major political party or affiliated with a political party, such as if they were part of the executive of certain lobby groups or trade unions. While this doesn't stop people with vested interests from being on the commission or advisory council, it gives the public the opportunity to know who is making certain infrastructure decisions. We owe our constituents that much.*
- >
- > *Amendment (9) seeks to legislate some aspects of the advisory council. Given they will be advising on massive infrastructure funding projects worth over $250 million, we want to ensure that there is integrity within these appointments, and they must have the relevant expertise for such funding decisions, particularly if it impacts so many communities across Australia who are in desperate need of new roads and public transport links. We all pay taxes, we all need roads and we all need public transport. We must focus on the priority areas and communities that are in dire need first.*
- ### Amendment text
- See [OpenAustralia.org.au](https://www.openaustralia.org.au/debate/?id=2023-05-24.44.1) for amendment text.
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