Louise Pratt (WA, Australian Labor Party, Shadow Minister for Environment and Water (Senate)) Share this | Link to this | Hansard source

Today Labor supports the Australian Capital Territory (Planning and Land Management) Amendment Bill 2017. We understand the aims of the bill in terms of improving governance, transparency and accountability for our nation's National Capital Authority. What is important about this bill is that it gives the NCA board responsibility and the power to govern the agency. What has been of concern is that the current arrangements mean that it is the NCA's chief executive and not the authority itself that is accountable under the Public Governance and Public Accountability Act. What is of concern here is the need to see better arrangements that provide decision making within the NCA with sufficient oversight and transparency.

The current arrangements don't provide the requisite support to the minister for the kind of advice that the minister needs. I can note from my own experience on the Joint Standing Committee on the National Capital and External Territories that, as they currently stand, these governance arrangements are problematic. I could see that in the occasional disconnects between the chief executive officer and the board. I'm pleased to see that, in time, consideration has been given to those issues and so these amendments are before us.

We know that establishing the authority as the accountable authority and enabling it to give specific directions to the chief executive allow it to become involved in NCA operations and clarify the current authority-chief executive relationship. Again, I reflect on my time on the joint standing committee. Certainly, there were a number of issues of concern to the committee—I'm not even going to mention what they were now, because they are a long time ago: a number of boards and chief executives ago—about the relationship between the board and the chief executive.

What is clear is that in putting these new arrangements forward, people have learnt from the arrangements in other agencies. We note, for example, that the Organ and Tissue Authority has similar governance arrangements, with accountability of the board and not just of the chief executive. What we have before us is also the provision of amendments that support the authority in satisfying responsibilities as the accountable authority, indeed, updating the PALM Act to make it consistent with established policy on public sector governance. This includes making all authority members officials of the NCA so as to engage the PGPA Act provisions concerning the duties of officials, notably in relation to care and diligence.

Related amendments clarify the minister's existing powers by obliging the authority to comply with a ministerial direction, other than where this conflicts with its performance of powers under the PGPA Act, and by specifying that such amendments are legislative instruments. What is important is to see the clear line of direction from government through to the National Capital Authority while keeping the authority in balance with its obligations under the act. We note that the bill also includes amendments to delineate the different responsibilities of the authority as the accountable authority under the PGPA Act and of the chief executive as head of the statutory agency for the purposes of the Public Service Act.

In closing, I want to reflect on the importance of the NCA's role in Canberra—the planning decisions it makes that maintain areas of national significance in Canberra's streets and precincts whilst ensuring that the residents enjoy the amenities of a liveable city. It's a really important role and it's a role that is quite distinct, I think, from the way local governments and other state governments have to manage their operations, because we have the NCA, on behalf of the Commonwealth's interests, sitting alongside the territory government, managing things for the city here in Canberra. It has got an incredible job in needing to look after our national capital estate where, indeed, we have embassies, official residences and a lot of public civic spaces for the Australian and international public to enjoy.

Canberra is a delightful place to visit and to live, and it's important that the vibrancy of the city is maintained. I don't think it was of any surprise to people who spend time in Canberra that Canberra was named as travel publication Lonely Planet's third-best city in the world to visit. In large part that's because of the good oversight of the NCA of many of our national institutions—everything from the libraries to the galleries, museums and all of the beautiful civic spaces that surround it.

In commenting on this legislation, I'd like to wish the board, in taking on it new responsibilities and its new accountabilities, all the best for continuing to effectively manage our public open spaces, lakes, dams, memorials, infrastructure and buildings—all the things of significance here in the NCA's jurisdiction. Thank you.

Anne Ruston (SA, Liberal Party, Assistant Minister for Agriculture and Water Resources) Share this | Link to this | Hansard source

I would like to thank the senators for their contribution to this bill and their support. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.