Senate debates

Wednesday, 28 September 2022

Committees

National Anti-Corruption Commission Legislation Joint Committee; Appointment

6:02 pm

Photo of Glenn SterleGlenn Sterle (WA, Australian Labor Party) Share this | | Hansard source

A message has been received from the House of Representatives forwarding a resolution agreed to by that House relating to the appointment of a Joint Select Committee on National Anti-Corruption Commission Legislation.

The House of Representatives messages read as follows—

Proposed Joint Select Committee on National Anti-Corruption Commission Legislation, and transmitting for the concurrence of the Senate the following resolution:

That:

(1) a Joint Select Committee on National Anti-Corruption Commission Legislation be established to inquire into and report on the provisions of the National Anti-Corruption Commission Bill 2022 and the National Anti-Corruption Commission (Consequential and Transitional Provisions) Bill 2022;

(2) the committee consist of 12 members, three Members of the House of Representatives to be nominated by the Government Whip or Whips, two Members of the House of Representatives to be nominated by the Opposition Whip or Whips, one Member of the House of Representatives nominated by any minority group or independent Member, three Senators to be nominated by the Leader of the Government in the Senate, two Senators to be nominated by the Leader of the Opposition in the Senate, and one Senator to be nominated by any minority group or independent Senator;

(2A) participating members may be appointed to the committee on the nomination of the Government Whip in the House of Representatives, the Opposition Whip in the House of Representatives, the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent Senator or Member of the House of Representatives;

(2B) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee;

(3) every nomination of a member of the committee be notified in writing to the President of the Senate or the Speaker of the House of Representatives;

(4) in the event that a House is not sitting and is not expected to meet for at least two weeks, the relevant whip in the House of Representatives, the Leader of the Government in the Senate, the Leader of the Opposition in the Senate, minority groups or independent Senators may nominate any appointment or discharge of a member of a committee in writing to the relevant Presiding Officer. The change in membership shall take effect from the time the Presiding Officer received the written nomination. At the next sitting, the Presiding Officer shall report the change to the relevant House and the House shall resolve membership of that committee;

(5) the persons appointed for the time being to serve on the committee shall constitute the committee notwithstanding any failure by the Senate or the House of Representatives to appoint the full number of Senators or Members referred to in this resolution;

(6) members of the committee hold office as a joint select committee until presentation of the committee's report;

(7) the committee elect a Government member as its chair;

(8) the committee elect a member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members shall elect another member to act as chair at that meeting;

(9) in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote;

(10) four members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include at least one Government member of either House and one non-Government member of either House;

(11) the committee have power to:

(a) call for witnesses to attend and for documents to be produced;

(b) conduct proceedings at any place it sees fit;

(c) sit in public or in private; and

(d) adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives;

(12) the committee report on or before 10 November 2022;

(13) the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

Photo of Carol BrownCarol Brown (Tasmania, Australian Labor Party, Assistant Minister for Infrastructure and Transport) Share this | | Hansard source

I seek to have the message considered immediately.

Leave granted.

I move:

That the Senate concurs with the resolutions of the House of Representatives proposing the appointment of a Joint Select Committee on National Anti-Corruption Commission Legislation.

Photo of David PocockDavid Pocock (ACT, Independent) Share this | | Hansard source

I move:

At the end of motion, add "with the following amendment: Omit paragraph (2), substitute:

(2) the committee consist of 13 members, three members of the House of Representatives to be nominated by the Government Whip or Whips, two members of the House of Representatives to be nominated by the Opposition Whip or Whips, one member of the House of Representatives nominated by any minority group or independent member, three senators to be nominated by the Leader of the Government in the Senate, two senators to be nominated by the Leader of the Opposition in the Senate, one senator to be nominated by the Leader of the Australian Greens in the Senate and one senator to be nominated by any other minority group or independent senator."

In recognition of the work the crossbench have done for over a decade, recognising Senator Waters in the Senate and the member for Indi, Helen Haines, and their contribution, I believe it is warranted to have an extra crossbencher on this joint select committee.

Photo of Glenn SterleGlenn Sterle (WA, Australian Labor Party) Share this | | Hansard source

The question is that the amendment moved by Senator David Pocock be agreed to.

6:10 pm

Photo of Larissa WatersLarissa Waters (Queensland, Australian Greens) Share this | | Hansard source

I move the amendment to the motion that has been circulated in the chamber in my name:

That, at the end of the motion, add

'and, in relation to the senator to be nominated by any minority group or independent senator, the Senate requires that the senator to fill this position be nominated by the Leader of the Australian Greens in the Senate.'

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

The question is that the amendment, as moved by Senator Waters, be agreed to.