Senate debates
Tuesday, 24 March 2026
Bills
Commonwealth Entities Legislation Amendment Bill 2026; Second Reading
1:01 pm
Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source
Four years of cost overruns, four years of secret government, four years of slackness, four years of another managed decline of Australia. There has been misappropriation of money and they've done nothing—just covered it up. Transparency was the promise; cover-up is the actuality. Why? Now, as the solution, we see the Labor Party bringing in potential abuse of ministerial powers with an opportunity, if the Commonwealth Entities Legislation Amendment Bill 2026 is passed, to have possible control over the department heads, commissioners and others in senior positions without transparency or accountability. The performance standard under this legislation is not a discretionary instrument with specific grounds for dismissal against standard criteria—that is, KPIs. That's not the case. With this bill, it's purely at the discretion of the minister.
We already have a Public Service that's been highly politicised. We are now entrenching that and giving the public servants more to fear from ministers if they don't do what they're told. Under the 'uniparty' ministers, department heads no longer give frank and fearless independent advice. That hasn't been the case for decades because department heads and senior public servants are now part of the political process. They're enmeshed in the process. They cannot give frank and fearless advice. Do you want any examples? Have a look at the energy systems in this country, where they're destroying the best electricity grid in the world and making it second rate, taking us from the lowest electricity prices in the world to now the highest in the world.
The legislation—I think this appears four times in the legislation—says, 'The minister may give a direction in writing.' It does not say the minister may give a direction that must be in writing. Lawyers, as we know, have lots of incentives to argue about a word such as 'may'. At best, this is sloppy. It's just not good enough. If a minister suspends a senior public servant, they're suspended on full pay, which may be extended to 12 months suspension. The minister doesn't have to give specific reasons; they just need to say it's in the department's best interests—that's it. It's 12 months paid suspension because it's in the department's best interests. This means that the minister can hold a threat over Public Service heads, giving them control over department heads, complete control, creating a poor system that destroys accountability and transparency—two words that are vital for effective governance. But in this Labor government, under Anthony Albanese, accountability is hidden. It's not possible, and transparency is non-existent.
If governments want to be good governments, they should want transparency and accountability, because it makes them stronger. I know with Senator Pauline Hanson we are all held accountable and we have to be transparent, because we want to be, but if we weren't she would make sure we are. The same can't be said about the Albanese Labor government. So I am in two minds about this bill. It has severe shortcomings due to sloppiness. I think that's all I need to say.
1:06 pm
Nita Green (Queensland, Australian Labor Party, Assistant Minister for Tourism) Share this | Link to this | Hansard source
Thank you for the contributions to this bill. I will just step through briefly the reasons that the government is bringing this bill forward. Hopefully, Senator Roberts, that will put you in one mind, but hopefully we will get the support of the chamber either way. The Albanese government is committed to ensuring integrity, honesty and accountability in government. The community expects public officials, especially those who are the subject of statutory appointments at senior levels, to perform their duties with the highest level of integrity.
The Commonwealth Entities Legislation Amendment Bill 2026 will ensure that, where statutory office holders engage in behaviour that breaches the APS Code of Conduct or amounts to discrimination, bullying, harassment or corruption in their workplace, they can be removed from office. The bill also ensures that statutory office holders are held accountable for their performance, with unsatisfactory performance being appropriately addressed. These are standards expected of most working Australians in their workplaces, and they should apply to statutory office holders too.
The Albanese government remains committed to the principles of regulatory independence, and the bill is sensitive to the independence of decision-making by statutory authorities. To this end, the amendments in this bill are designed not to fetter the independence or discretion of office holders but to ensure that they are accountable for their performance and conduct in the workplace. The bill will strengthen appointment safeguards for a range of statutory office holders, and the government will continue its focus on returning integrity, honesty and accountability to government, ensuring that we better reflect community expectations. Through these ongoing efforts, the government will continue to ensure that the Commonwealth is a model employer of the same standard that we expect of other employers.
Slade Brockman (WA, Deputy-President) Share this | Link to this | Hansard source
The question is that the bill be read a second time.