Michael Keenan (Stirling, Liberal Party, Shadow Minister for Justice, Customs and Border Protection) Share this | Link to this | Hansard source

I rise to talk briefly on the Parliamentary Counsel and Other Legislation Amendment Bill 2012. This bill seeks a rather simple process which is to merge two arms of the Parliamentary Counsel, which is part of the department that does legislative drafting and publishing on behalf of the parliament. Currently, responsibility for legislative drafting is split between the Office of Legislative Drafting and Publishing, and the Office of Parliamentary Counsel. The Office of Legislative Drafting and Publishing is a division within the department comprising 23 legislative drafters and 50 staff responsible for drafting subordinate legislation as well as the registration, editing, compilation and publication of all Commonwealth laws.

The Office of Parliamentary Counsel is an independent statutory agency consisting of a First Parliamentary Counsel, two Second Parliamentary Counsel and 55 staff. Its responsibility is the drafting of government bills and amendments. Most other Australian jurisdictions combine the drafting of bills and subordinate legislation in one office. That recommendation for the Commonwealth to do so was contained within the strategic review of small and medium agencies in the Attorney-General's portfolio, the inquiry which has recently been conducted, and a merger was recommended in order to realise efficiencies in the use of specialised technology and to achieve uniformity in drafting practice for principal and subordinate legislation.

This review has not been made public and it is not clear to the opposition why it has not been released by the government. Clearly, when bills like this come up—although, on the face of it, it is pretty uncontroversial—it would be welcomed by the opposition if we did actually get a chance to have a look at the report. It is very difficult to see why a report of this nature would not be made publicly available and I would call upon the government to consider releasing it. Notwithstanding that, the coalition does welcome any move that identifies efficiencies within the drafting process and, as such, we will not be opposing this particular legislation.

Tony Zappia (Makin, Australian Labor Party) Share this | Link to this | Hansard source

As the Attorney-General said in her second reading speech, the Parliamentary Counsel and Other Legislation Amendment Bill 2012 amends the Parliamentary Counsel Act 1970, the Acts Publication Act 1905, and the Legislative Instruments Act 2003 to enable the functions of the Office of Legislative Drafting and Publishing in the Attorney-General's Department to be transferred to the Office of Parliamentary Counsel. As the Attorney-General went on to say, and as the previous speaker has already stated, the two functions are currently separate and, in effect, this legislation brings them together under the Office of Parliamentary Counsel.

Parliament could not function without the professionalism and competency of the people who work behind the scenes in support of the parliamentarians who are elected to this place. As parliamentarians, we come to this place with ideas and beliefs, ideas which may become policies. To give effect to those policies we then enact laws. In doing so, there are three important considerations that immediately come to my mind: firstly, that the laws enacted accurately reflect the intent of the policy; secondly, that the laws enacted can be clearly interpreted by the courts; and, thirdly, that the laws enacted are not in conflict with other laws. I will briefly speak to each of those three considerations.

Firstly, as we all know, from time to time disputes arise with respect to laws of the land and, in handing down judgments it is not uncommon for judges of the day, or people who sit on the bench, to rely on the intent of the legislation when it has been passed in parliament, whether a federal or a state parliament. So the intent of the legislation becomes an important consideration. It is therefore important that the laws that are drafted and subsequently passed by the parliament accurately reflect the intent of the parliament. It is also in the public interest to clearly understand what that intent is, because whether you are a citizen of the land, a business operator or any community organisation for that matter, our laws govern the general conduct of yourself or the organisation and therefore to understand the clear intent of the law is important for everybody.

The second issue relates to the courts and their role in disputes, and both the legal profession and the courts have an interest in this matter. The legal profession have an interest in advising their clients. The courts have an interest, because they try to interpret the laws and it greatly assists them if the laws are written up very clearly in a way that everybody can understand. If they are written clearly and without ambiguity, then it makes the job of both lawyers advising clients and the courts much, much easier—and certainly it makes the role of those people who seek the advice of the lawyers, who in turn then have to decide whether they will go to court, much easier also. The third issue is conflict. Again, this would be an incredibly difficult role for anybody: to ensure that any law that is passed is not in some way in conflict with another law of the land. I have to give credit to the people who advise this parliament and who draft our laws for the work that they do because it would be fair to say they do an excellent job in trying to ensure that that is not the case. If it is the case, again as we have seen from time to time, laws are then challenged because they are in conflict with another law of the land.

For those reasons, this particular aspect of the support that is provided to parliamentarians is absolutely crucial. It does not affect just the parliamentarians who come to this place. It ultimately affects everyone throughout the country. By transferring the Office of Legislative Drafting and Publishing to the Office of Parliamentary Counsel, we have brought the two sections together. That, in my view, makes eminent sense because whether you are drafting primary or subordinate legislation it seems logical to me that both have to be compatible with one another. The best way to ensure that compatibility is to have the same department drafting the original law or subordinate legislation and regulations that flow from it.

It makes sense. It ensures that the same person who understands and who has put the work into drafting the original legislation perhaps has a role in ensuring that the subordinate legislation is consistent with the primary legislation. It is also a much more efficient process, in my view, and that was clearly the outcome from the review carried out by the Attorney-General. For those reasons, I believe that this legislation not only makes sense but also is good legislation for everyone concerned. I commend it to the House.

Shayne Neumann (Blair, Australian Labor Party) Share this | Link to this | Hansard source

I speak in support of the Parliamentary Counsel and Other Legislation Amendment Bill 2012. We are dealing with legislation that affects people's lives. For example, the explanatory memorandum makes the point that the Office of Parliamentary Counsel consists of 55 staff employed in both drafting and non-drafting roles, and the Office of Legislative Drafting and Publishing consists of 23 legislative drafters and 50 staff responsible for the registration, editing, compilation and publication of legislation.

When we say it is an office I want no-one to be under any illusions that we are drafting with quite significant statutory authorities or offices that are within the purview and remit of the Attorney-General's portfolio. The Office of Parliamentary Counsel is an independent agency—we know that—which is responsible for drafting all government bills. The Office of Legislative Drafting and Publishing is a division within the department and has the responsibility of drafting legislative instruments. There is a recommendation that this takes place. I do not know why in the history of the Commonwealth there were two complete departments that merged and ended up involved in this legislative drafting process. Certainly, in other jurisdictions it is not the case—I am aware of that.

There is a recommendation from the Skehill review of small and medium agencies in the Attorney-General's portfolio that there be more efficient management and prioritisation of drafting functions. I imagine that style would be something that is likely to be more coherent and consistent if the same people are drafting both. This is important, as the member for Makin said, because laws affect people. We are a nation of laws. We do not rule by the gun; we do not rule by the bullet; we do not rule by the fist. We actually rule by laws. The preparation of subordinate legislation, of laws, is particularly important. It is a key element of any legal education that drafting is taught. I can recall vividly when I was at law school—back at the University of Queensland—that there were people who aspired to do this type of work, and did it. They left the University of Queensland and came down here to Canberra to work.

This is an important reform because laws affect people's lives and every community across the country. This is a reforming government in the area of law. The bill is a small part but an important part. We have seen, today, legislation introduced in relation to privacy law reforms. We are building our National Disability Insurance Scheme, which will have an impact on the laws of this country. We are passing legislation in relation to people trafficking and other areas such as consolidation of antidiscrimination laws, including a commitment to a truly national legal profession, which is important as we have to get rid of the dingo fences that have, in the past, meant that people had to register across different jurisdictions.

This is a small piece of legislation. It affects dozens and dozens of public servants who toil away and make us look better and make the laws look good. It is important because it will improve efficiency in the legislative drafting process for better management of Commonwealth government resources and in the circumstances I commend the legislation to the House.

Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Link to this | Hansard source

I thank the honourable members who have spoken on this bill for their contribution to the debate. The Parliamentary Counsel and Other Legislation Amendment Bill 2012 enables the functions of the Office of Legislative Drafting and Publishing to be transferred to the Office of Parliamentary Counsel thereby increasing the flexible and efficient use of the Commonwealth's drafting resources. The proposed transfer of functions was recommended to the government as a means of enhancing the quality and effectiveness of the Commonwealth statute book and optimising its drafting resources. The government has accepted this recommendation and this bill gives effect to the reform.

I take this opportunity to thank all those from the Office of Parliamentary Counsel and the Office of Legislative Drafting and Publishing who have assisted in the development of this bill and who are working to implement the transfer within a short time frame. As the Attorney-General noted when introducing this bill, the Office of Parliamentary Counsel has a long, distinguished and central role in giving effect to government policy. I would like to commend both drafting offices for their excellent work behind the scenes to enable the government to efficiently and effectively carry out its legislative program time and time again. These two offices have operated side by side over many years to draft high-quality acts and subordinate legislation and to ensure that our laws are continually advancing, accurately reflecting government policies and are easy to understand.

By pooling the Commonwealth's specialist drafting functions into the one office the government will ensure that it makes the most effective use of both our highly skilled drafters and the specialist IT systems that support the drafting and publishing of Commonwealth legislation. This will improve drafting capacity, raise consistency across all forms of legislation and make our laws clearer and easier to understanding.

I am aware that both offices have already begun working together to streamline drafting styles and practices and to work more closely on particular projects. I am confident that the transfer of functions will progress this work and ensure that all legislation, whether bills, regulations or other subordinate instruments, will be drafted at a high and consistent standard in the future. I commend the bill to the House.

Question agreed to.

Bill read a second time.

Ordered that this bill be reported to the House without amendment.