Page 2802 - Week 08 - Wednesday, 24 June 2009
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There is one further matter that I need to mention. The ACT parliament is unicameral. This means there is no other parliamentary check or balance, as there are in most other jurisdictions. Section 9 of the Auditor-General Act says:
The auditor-general is not subject to direction by the Executive or any Minister in the exercise of the functions of the auditor-general.
This is what makes this position unique. This is why this position has its own line in the budget, because of the unique nature of the job that it is there to do. It is there to hold the government accountable. As is reported in the Canberra Times today, the Chief Minister has displayed his ignorance of this legislation. He is quoted as saying that, if the Auditor-General is dealt with in this way, every agency and department could argue that, to maintain independence from the executive, the Assembly should set its budget. What absolute nonsense!
The departments are created by the government. They are the creatures of the government. They can change them at any time. Departments are not created by acts of this place. They are created by the actions of the Chief Minister and his ministers, through the cabinet, to create departments. So it is ridiculous to suggest that the head of a department created by the Chief Minister would come to this place to seek an independent budget.
I do not believe that occurs anywhere else in the world. I had a quick look on the web this morning. I cannot find an example of that anywhere. What absolute rubbish! The departments and agencies are established by the government of the day, by the executive, and they are set out in the administrative arrangements. They are not set out by legislation. If you simply look at the administrative arrangements, Chief Minister, you will see that. I repeat: the fact that this position is created in this way, through an act independent of the executive, and has its own line of appropriation in the budget, makes it unique. In the ACT the Auditor-General provides a critical, independent role in this regard.
I commend this bill to the Assembly. I commend it because it will increase the independence of the Auditor-General and her office from the executive. I commend it because of the importance of the Auditor-General having the resources to carry out her functions properly and effectively.
It is common thinking and practice now around the world that the balance between financial and performance audits should be about fifty-fifty. It should be 50 per cent of the work that the auditor-general’s office does. In the ACT it is about 67-33; 67 per cent are financial audits, 33 per cent are performance audits. This shows that we lag dramatically. As I have said, the auditor says she has 100 proposed audits she thinks worthy of being conducted; yet, at the current rate of six or seven a year, you are talking 14 or 15 years. That is a joke; that is ridiculous; and that is not appropriate scrutiny.
I commend this bill to the house because of the need to avoid the Auditor-General being subject to those who make intemperate outbursts when things do not go their
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