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senate vote 2013-06-18#10

Edited by system

on 2014-10-07 16:21:19

Title

Description

  • The majority voted against an [http://www.openaustralia.org/senate/?gid=2013-06-18.153.1 amendment] introduced by Greens Senator [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Lee_Rhiannon&mpc=Senate&house=senate Lee Rhiannon], which means that it was unsuccessful.
  • This amendment limits [http://en.wikipedia.org/wiki/Freedom_of_Information_Act_1982 Freedom of Information] ('FOI') applications to documents of an administrative matter only, which is a much reduced form of FOI.(Read Senator Rhiannon's full explanation of the amendment and the associated debate [http://www.openaustralia.org/senate/?id=2013-06-18.147.1 here], after 7:30 pm. ) It was introduced after Senator Rhiannon's previous amendment was rejected.(See the division on the previous amendment [http://publicwhip-rails.openaustraliafoundation.org.au/division.php?date=2013-06-18&number=9&house=senate here]. )
  • ''Background to the bill''
  • The bill was introduced to amend the [http://www.austlii.edu.au/au/legis/cth/consol_act/psa1999235/ Parliamentary Service Act 1999] to restore the exclusion for the parliamentary departments and office holders from the application of the [http://en.wikipedia.org/wiki/Freedom_of_Information_Act_1982 Freedom of Information Act 1982].(Read more about the bill, including its explanatory memorandum, [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5083 here]. ) This affects three parliamentary departments: the [http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_Senate Department of the Senate], the [http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_House_of_Representatives Department of the House of Representatives] and the [http://www.aph.gov.au/About_Parliament/Employment/Department_of_Parliamentary_Services Department of Parliamentary Services].(More information about the background to the bill can be found in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1213a/13bd136 bills digest].)
  • The majority voted against an [amendment](http://www.openaustralia.org/senate/?gid=2013-06-18.153.1) introduced by Greens Senator [Lee Rhiannon](http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Lee_Rhiannon&mpc=Senate&house=senate), which means that it was unsuccessful.
  • This amendment limits [Freedom of Information](http://en.wikipedia.org/wiki/Freedom_of_Information_Act_1982) ('FOI') applications to documents of an administrative matter only, which is a much reduced form of FOI.(Read Senator Rhiannon's full explanation of the amendment and the associated debate [here](http://www.openaustralia.org/senate/?id=2013-06-18.147.1), after 7:30 pm. ) It was introduced after Senator Rhiannon's previous amendment was rejected.(See the division on the previous amendment [here](http://publicwhip-rails.openaustraliafoundation.org.au/division.php?date=2013-06-18&number=9&house=senate). )
  • _Background to the bill_
  • The bill was introduced to amend the [Parliamentary Service Act 1999](http://www.austlii.edu.au/au/legis/cth/consol_act/psa1999235/) to restore the exclusion for the parliamentary departments and office holders from the application of the [Freedom of Information Act 1982](http://en.wikipedia.org/wiki/Freedom_of_Information_Act_1982).(Read more about the bill, including its explanatory memorandum, [here](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5083). ) This affects three parliamentary departments: the [Department of the Senate](http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_Senate), the [Department of the House of Representatives](http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_House_of_Representatives) and the [Department of Parliamentary Services](http://www.aph.gov.au/About_Parliament/Employment/Department_of_Parliamentary_Services).(More information about the background to the bill can be found in its [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1213a/13bd136).)
senate vote 2013-06-18#10

Edited by system

on 2014-10-07 16:16:55

Title

Description

  • The majority voted against an [http://www.openaustralia.org/senate/?gid=2013-06-18.153.1 amendment] introduced by Greens Senator [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Lee_Rhiannon&mpc=Senate&house=senate Lee Rhiannon], which means that it was unsuccessful.
  • This amendment limits [http://en.wikipedia.org/wiki/Freedom_of_Information_Act_1982 Freedom of Information] ('FOI') applications to documents of an administrative matter only, which is a much reduced form of FOI.[1] It was introduced after Senator Rhiannon's previous amendment was rejected.[2]
  • This amendment limits [http://en.wikipedia.org/wiki/Freedom_of_Information_Act_1982 Freedom of Information] ('FOI') applications to documents of an administrative matter only, which is a much reduced form of FOI.(Read Senator Rhiannon's full explanation of the amendment and the associated debate [http://www.openaustralia.org/senate/?id=2013-06-18.147.1 here], after 7:30 pm. ) It was introduced after Senator Rhiannon's previous amendment was rejected.(See the division on the previous amendment [http://publicwhip-rails.openaustraliafoundation.org.au/division.php?date=2013-06-18&number=9&house=senate here]. )
  • ''Background to the bill''
  • The bill was introduced to amend the [http://www.austlii.edu.au/au/legis/cth/consol_act/psa1999235/ Parliamentary Service Act 1999] to restore the exclusion for the parliamentary departments and office holders from the application of the [http://en.wikipedia.org/wiki/Freedom_of_Information_Act_1982 Freedom of Information Act 1982].[3] This affects three parliamentary departments: the [http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_Senate Department of the Senate], the [http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_House_of_Representatives Department of the House of Representatives] and the [http://www.aph.gov.au/About_Parliament/Employment/Department_of_Parliamentary_Services Department of Parliamentary Services].[4]
  • The bill was introduced to amend the [http://www.austlii.edu.au/au/legis/cth/consol_act/psa1999235/ Parliamentary Service Act 1999] to restore the exclusion for the parliamentary departments and office holders from the application of the [http://en.wikipedia.org/wiki/Freedom_of_Information_Act_1982 Freedom of Information Act 1982].(Read more about the bill, including its explanatory memorandum, [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5083 here]. ) This affects three parliamentary departments: the [http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_Senate Department of the Senate], the [http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_House_of_Representatives Department of the House of Representatives] and the [http://www.aph.gov.au/About_Parliament/Employment/Department_of_Parliamentary_Services Department of Parliamentary Services].(More information about the background to the bill can be found in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1213a/13bd136 bills digest].)
  • ''References''
  • * [1] Read Senator Rhiannon's full explanation of the amendment and the associated debate [http://www.openaustralia.org/senate/?id=2013-06-18.147.1 here], after 7:30 pm.
  • * [2] See the division on the previous amendment [http://publicwhip-rails.openaustraliafoundation.org.au/division.php?date=2013-06-18&number=9&house=senate here].
  • * [3] Read more about the bill, including its explanatory memorandum, [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5083 here].
  • * [4] More information about the background to the bill can be found in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1213a/13bd136 bills digest].
senate vote 2013-06-18#10

Edited by mackay

on 2014-08-28 15:02:06

Title

  • Bills — Parliamentary Service Amendment (Freedom of Information) Bill 2013; in Committee
  • Parliamentary Service Amendment (Freedom of Information) Bill 2013 - In Committee - Freedom of information for administrative matters

Description

  • <p class="speaker">Lee Rhiannon</p>
  • <p>I move Greens amendment (2) on sheet 7391 revised:</p>
  • <p class="italic">(2) Schedule 1, page 3 (lines 1 to 26), omit Schedule 1, substitute:</p>
  • The majority voted against an [http://www.openaustralia.org/senate/?gid=2013-06-18.153.1 amendment] introduced by Greens Senator [http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Lee_Rhiannon&mpc=Senate&house=senate Lee Rhiannon], which means that it was unsuccessful.
  • This amendment limits [http://en.wikipedia.org/wiki/Freedom_of_Information_Act_1982 Freedom of Information] ('FOI') applications to documents of an administrative matter only, which is a much reduced form of FOI.[1] It was introduced after Senator Rhiannon's previous amendment was rejected.[2]
  • ''Background to the bill''
  • The bill was introduced to amend the [http://www.austlii.edu.au/au/legis/cth/consol_act/psa1999235/ Parliamentary Service Act 1999] to restore the exclusion for the parliamentary departments and office holders from the application of the [http://en.wikipedia.org/wiki/Freedom_of_Information_Act_1982 Freedom of Information Act 1982].[3] This affects three parliamentary departments: the [http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_Senate Department of the Senate], the [http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_House_of_Representatives Department of the House of Representatives] and the [http://www.aph.gov.au/About_Parliament/Employment/Department_of_Parliamentary_Services Department of Parliamentary Services].[4]
  • ''References''
  • * [1] Read Senator Rhiannon's full explanation of the amendment and the associated debate [http://www.openaustralia.org/senate/?id=2013-06-18.147.1 here], after 7:30 pm.
  • * [2] See the division on the previous amendment [http://publicwhip-rails.openaustraliafoundation.org.au/division.php?date=2013-06-18&number=9&house=senate here].
  • * [3] Read more about the bill, including its explanatory memorandum, [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5083 here].
  • * [4] More information about the background to the bill can be found in its [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1213a/13bd136 bills digest].
  • <p class="italic">Schedule 1&#8212;Amendments</p>
  • <p class="italic"> <i>Freedom of Information Act 1982</i></p>
  • <p class="italic">6B Department of the House of Representatives, Department of the Senate and Department of Parliamentary Services</p>
  • <p class="italic">1 After section 6A</p>
  • <p class="italic">&#160;&#160;Insert:</p>
  • <p class="italic">(1) This Act does not apply to any request for access to a document of the Department of the House of Representatives, the Department of the Senate or the Department of Parliamentary Services unless the document relates to matters of an administrative nature.</p>
  • <p class="italic">(2) For the avoidance of doubt, the reference to a document of an administrative nature in subsection (1) does not include research or advice provided to a Senator or a member of the House of Representatives by the Parliamentary Library.</p>
  • <p class="italic">(3) For the avoidance of doubt, nothing in this section limits or infringes the powers, privileges and immunities of the Houses of the Parliament.</p>
  • <p>This limits FOI applications to documents of an administrative matter only. It really should be difficult for Labor and the coalition to justify not supporting this lesser second amendment. I call it a lesser second amendment because it is a much reduced form of FOI. Even the parliamentary departments&#8212;the Department of the Senate, the Department of the House of Representatives and the Department of Parliamentary Services&#8212;have publicly supported this position. They are okay with this degree of openness. So, it will be interesting to hear the minister as to why they are not ready to support this amendment when the departments themselves are comfortable with it. For those three departments and office holders, while they are subject to the FOI Act, this amendment limits access to administrative matters only and this amendment excludes research or advice to members of parliament provided by the Parliamentary Library. It makes it explicit that nothing limits or affects any privileges, immunities or powers of the House of Representatives or the Senate. I do commend Greens amendment (2) to the Senate.</p>
  • <p class="speaker">Stephen Conroy</p>
  • <p>I indicate that the government will not be supporting this amendment either. As we have indicated, this is an interim bill to restore the status quo. We are looking forward to giving final consideration to the Hawke report, and we think it is pre-empting the discussions and the full consideration of that report by moving these amendments today.</p>
  • <p class="speaker">Scott Ryan</p>
  • <p>For the reasons outlined earlier, the coalition does not support this amendment moved by Senator Rhiannon. This bill in no way precludes future acts by the parliament. As I stated earlier, the parliamentary departments have an exemplary record in releasing information, particularly of this nature, and we are awaiting more formal review of the FOI provisions. This bill is an interim measure to reinstate the status quo that was inadvertently overturned and only became apparent a decade after it occurred.</p>
  • <p class="speaker">Lee Rhiannon</p>
  • <p>Minister, considering that you are now calling this an interim measure, why will you not support what the departments themselves are saying? If you want an interim measure, that is precisely what this amendment is, because it is what the departments say they are willing to work under.</p>
  • <p class="speaker">Stephen Conroy</p>
  • <p>As I have indicated, we are giving consideration to all of these matters. We have not received the Hawke report. We do not believe there is a need to move this at this point.</p>
  • <p>The CHAIRMAN: The question is that Greens amendment (2) on sheet 7391 revised be agreed to.</p>