Leg Council Ann Rep 2005 (Cover)...Message from the President The 2005 State election saw the...

O U R M I S S I O N

To pursue excellence in supporting the Legislative Council.

PRESIDING OFFICER President of the Legislative Council Hon Nick Griffiths MLC ACCOUNTABLE AUTHORITY Department of the Legislative Council LOCATION Parliament House Harvest Terrace PERTH WA 6000 CONTACT Telephone: (08) 9222 7222 Facsimile: (08) 9222 7819 Email: [email protected] Web: www.parliament.wa.gov.au ISBN 1 9208 8656 7

D E P A R T M E N T O F T H E

L E G I S L A T I V E C O U N C I L

A N N U A L R E P O R T 2 0 0 4 - 2 0 0 5

Message from the President

The 2005 State election saw the retirement in May 2005 of Hon John Cowdell MLC, the first Labor President of the Legislative Council. I take this opportunity to acknowledge Hon John Cowdell’s significant contribution to the Parliament and particularly to the Legislative Council as a Member and his four years as President of the House.

His vision for the Parliament building has resulted in improvements for both Members and staff. These include the opening in March 2004 of the Northern extension, which provided much needed accommodation, as well as the relocation and refurbishment of the Parliament Library and the creation of the Centenary and Aboriginal Peoples Rooms.

During 2004, the Parliament celebrated the centenary of the Parliament House building and the 175th Anniversary of the founding of the Swan River Colony. Many special events were hosted to celebrate these significant occasions including the first regional sitting of the Legislative Council held in the City of Kalgoorlie-Boulder.

These events required a great deal of planning and co-ordination by the management and staff of the Department in addition to their usual duties. The success of the events is a tribute to their dedication and professionalism.

On behalf of Members of the Thirty-Sixth and Thirty-Seventh Parliaments, I thank all the Legislative Council staff for their contributions during the year.

Hon Nick Griffiths MLC President of the Legislative Council

November 2005

Letter of Transmittal

L I S T O F D E F I N E D

T E R M S A N D A C R O N Y M S

Assembly Legislative Assembly

Cash Report Western Australia, Legislative Council, Hon George Cash MLC, Reflections on the Legislative Council Committee System and its Operations During the Thirty-Sixth Parliament: Discussions with the Chairs and Deputy Chairs of Parliamentary Committees, Tabled Paper 367, May 19 2005

Clerk Clerk of the Legislative Council

Committee Office Legislative Council Committee Office

Council Legislative Council

Department Department of the Legislative Council

EDRMS Electronic Document/Records Management Systems

EMT Executive Management Team

Finance Finance Unit of PSD

FRMT Financial and Risk Management Team

IT Information Technology

JCC Joint Consultative Committee

MEC Management Executive Committee comprising the President, Speaker, Clerks of both Houses and Executive Manager, PSD

Ombudsman Parliamentary Commissioner for Administrative Investigations

Procedure Office Legislative Council Procedure Office

PSD Parliamentary Services Department

L I S T O F F I G U R E S A N D T A B L E S

Figures

Figure 3.1: Bills Passed 1993-2004 ..........................................................................13 Figure 3.2: Pages of Legislation Considered 1993-2004...........................................14 Figure 3.3: Comparison of Average Ratings for Procedural Advice - House .............15 Figure 3.4: Comparison of Average Ratings for Procedural Advice - Committees.....15 Figure 3.5: Comparison of Average Ratings for Administrative Support....................16 Figure 4.1: Number of Hours the House met 2000-01 to 2004-05.............................18 Figure 4.2: Average Number of Hours per Sitting Day 2000-01 to 2004-05 ..............18 Figure 4.3: Comparison of Government Time under Standing Orders and Sessional

Orders - April 2001 to December 2004 ...................................................20 Figure 4.4: Questions on Notice Processed 2000-01 to 2004-05 ..............................22 Figure 4.5: Tabled Papers 2000-01 to 2004-05.........................................................22 Figure 4.6: Sets of Amendments Circulated 2000-01 to 2004-05..............................23 Figure 4.7: Bills Passed 2000-01 to 2004-05 ............................................................23 Figure 8.1: Operational Expenditure (Real Decrease since 1999-2000)....................44 Figure 8.2: Real Decrease in Operational Budget 1999-2000 to 2004-05 .................44 Tables Table 4.1: Average Yearly Number of Sitting Hours 2001 to 2004 ............................20 Table 4.2: Chamber Publications 2004-05 ................................................................21 Table 5.1: Committee Meetings 2004-05 ..................................................................29 Table 5.2: Travel Expenditure 2004-05.....................................................................31 Table 5.3: Committee Reports 2004-05 ....................................................................33

C O N T E N T S

MESSAGE FROM THE PRESIDENT LETTER OF TRANSMITTAL LIST OF DEFINED TERMS AND ACRONYMS LIST OF FIGURES AND TABLES FOREWORD

CHAPTER 1 GOVERNANCE.....................................................................................................1

INTRODUCTION...................................................................................................... 1 ABOUT US ............................................................................................................ 1 LOOKING AHEAD ................................................................................................... 5

CHAPTER 2 OVERVIEW ...........................................................................................................7

ELECTION 2005..................................................................................................... 7 SWEARING IN OF MEMBERS.................................................................................... 7 APPOINTMENT OF PRESIDENT AND OFFICERS OF THE HOUSE................................... 7 HONOURS FOR CLERK OF THE LEGISLATIVE COUNCIL AND FORMER MEMBERS ......... 7 ‘ONE VOTE ONE VALUE’ LEGISLATION .................................................................... 8 COMMITTEE OFFICE .............................................................................................. 8 CORPORATE IMAGE ............................................................................................... 9 SPECIAL EVENTS................................................................................................... 9 DISTINGUISHED VISITORS AND OFFICIAL DELEGATIONS TO THE COUNCIL 2004-05 .. 10 INTERDEPARTMENTAL CO-OPERATION .................................................................. 11

CHAPTER 3 PERFORMANCE.................................................................................................13

INTRODUCTION.................................................................................................... 13 PERFORMANCE INDICATORS ................................................................................ 13 LOOKING AHEAD ................................................................................................. 16

CHAPTER 4 HOUSE OPERATIONS .......................................................................................17

INTRODUCTION.................................................................................................... 17 CHARTER............................................................................................................ 17 HOUSE OPERATIONS ........................................................................................... 17 MAJOR INITIATIVES .............................................................................................. 24 LOOKING AHEAD ................................................................................................. 25

CHAPTER 5 COMMITTEE OPERATIONS ..............................................................................27

INTRODUCTION.................................................................................................... 27 COMMITTEE OFFICE VISION AND MISSION STATEMENT .......................................... 28 COMMITTEE OPERATIONS .................................................................................... 28 MAJOR INITIATIVES .............................................................................................. 31

LOOKING AHEAD..................................................................................................34

CHAPTER 6 INFORMATION MANAGEMENT........................................................................ 37

INTRODUCTION ....................................................................................................37 INFORMATION TECHNOLOGY.................................................................................37 RECORDS MANAGEMENT .....................................................................................37 LOOKING AHEAD..................................................................................................38

CHAPTER 7 HUMAN RESOURCES ....................................................................................... 39

INTRODUCTION ....................................................................................................39 DEPARTMENTAL STAFF ........................................................................................39 PROFESSIONAL DEVELOPMENT ............................................................................39 WORK EXPERIENCE AND ARTICLED CLERK PROGRAM............................................40 CLASSIFICATION COMMITTEE................................................................................41 LOOKING AHEAD..................................................................................................41

CHAPTER 8 FINANCIAL REPORT......................................................................................... 43

INTRODUCTION ....................................................................................................43 LOOKING AHEAD..................................................................................................45

APPENDIX 1 PROCEDURE OFFICE CHARTER ................................................................... 47

APPENDIX 2 COMMITTEE OFFICE VISION AND MISSION STATEMENT......................... 51

APPENDIX 3 MEMBERS OF THE LEGISLATIVE COUNCIL IN THE THIRTY-SIXTH AND THIRTY-SEVENTH PARLIAMENTS................................................................................ 53

APPENDIX 4 STATISTICS RELATING TO SITTINGS OF THE LEGISLATIVE COUNCIL 2000-01 TO 2004-05......................................................................................................... 57

APPENDIX 5 STATISTICS RELATING TO COMMITTEE WORK 2004-05 ........................... 59

APPENDIX 6 HUMAN RESOURCES STATISTICS 2004-05.................................................. 65

APPENDIX 7 LEGISLATIVE COUNCIL STATEMENT OF FINANCIAL PERFORMANCE 2004-05 ............................................................................................................................. 67

F O R E W O R D

I am pleased to present the Annual Report on the operations of the Department of the Legislative Council for the year ended June 30 2005.

This is the first annual report of the Department of the Legislative Council. The Department looks forward in the coming years to developing the content and structure of the annual report so that it continues to be informative and relevant to Members and the wider community.

The first half of 2005 saw the retirement of the Clerk of the Legislative Council, Mr Laurie Marquet after 23 years of parliamentary service. To the Clerk in his retirement - his colleagues and friends in the Department extend their very best wishes for the future.

The loss of Mr Marquet’s parliamentary knowledge and experience has been sorely felt in the Department. However, the ability and dedication of the staff and management team of the Department leaves me in no doubt that the Department will continue to provide a high level of service and be efficient and effective in its operations.

Every new Parliament brings with it some change which impacts upon the Department. This year was one of considerable change and challenge for both the Department and Members. The Department’s management structure was reorganised so as to more adequately meet operational needs. Many departmental initiatives were developed and some were trialled for the first time.

I have appointed an Executive Management Team to provide leadership, co-ordination and effective management of the various service groups within the Department. Additionally I have appointed a Financial and Risk Management Team to monitor financial performance and budget review, to co-ordinate and promote a risk management culture and to ensure compliance with legislative and audit requirements. I am confident that the revised structure will meet the challenges that lie ahead.

Thirteen new Members commenced their parliamentary careers with the swearing in of 34 Members on May 23 2005 following the 2005 State election. The Department has endeavoured to ensure their transition to the parliamentary environment is as smooth as possible by providing comprehensive induction programs and publishing several guides to assist them with their new role as Members of Parliament.

The annual report also includes the Department’s first performance indicators. The performance indicators will be reviewed and expanded in 2006 to ensure continuing relevance and to provide a basis for comparative analysis of previous years to chart the Department’s overall performance.

The Department is uniquely a knowledge-based organisation relying heavily on staff with appropriate parliamentary skills acquired over many years of service. The Clerk’s retirement has highlighted the ongoing need for succession planning, staff retention strategies, the

establishment of in-house training programs and access to external professional development opportunities. Such measures seek to ensure that specialist knowledge is retained and enhanced.

With the upward trend in the number of sitting weeks and committee activity over the past few years, the Department has managed to maintain services, despite reduced staffing levels. I believe that it is testament to the extraordinary commitment and dedication of the Department’s staff that services required by the Legislative Council were delivered effectively and efficiently. Current staffing levels need addressing to sustain and maintain the high level of service expected by both Members and the community in the 21st Century.

The challenge of achieving outputs within budget remains. In a changing environment for the provision of goods and services, the Department continues to seek better and more cost-efficient methods of providing support services to meet the needs of Members.

The Department looks forward to meeting the challenges ahead and further improving the services it provides to Members and the wider community.

Finally, I sincerely thank all staff for their support in what has been a particularly challenging year. The achievements outlined in this report are a testament to their tireless effort, high standards and dedication.

Malcolm Peacock Acting Clerk of the Legislative Council

1

CHAPTER 1 GOVERNANCE

INTRODUCTION

The Department of the Legislative Council (Department) is committed to raising its level of accountability. In moving towards this objective, it has produced its first annual report.

The Department has made significant progress in formalising and refining its corporate governance in the period since the end of 2004-05 to the date of publication of this report. To provide some structure and context to this report it was necessary to include some material that falls outside the reporting period.

Corporate governance encompasses an organisation’s management structure, management systems and management policies and standards. Corporate governance is the foundation on which service delivery is built. Management structure is not the same as organisational or corporate structure but the management structure will generally follow an organisational hierarchy.

ABOUT US

The Department is one of three departments which serve the Parliament of Western Australia, and is accountable under the provisions of the Financial Administration and Audit Act 1985. The Department is not a department or agency of the Crown under the Public Sector Management Act 1994. The Department is not the same as the Legislative Council (Council). The latter refers to the elected Members of that body.

Our Business

The role of the Department is to provide services to the 34 elected Members of the Council to assist them in performing their legislative and constituency responsibilities.

The two main service areas of the Department are procedural services and administrative services. Procedural services include:

• advice on parliamentary law, practice and procedure and the custom and usages of the Council and its committees. This is achieved through the provision of impartial and professional advice in both written and oral form to the President, Ministers, Members and committees; and

• recording the proceedings of the Council and its committees through the preparation of Minutes of Proceedings and the provision of business papers.

Administrative services include:

• the provision of support to Officers and Members of the House; and

• managing personnel functions and Council and departmental records.

Legislative Council of Western Australia ANNUAL REPORT 2004-05

2

During the reporting period the missions and values of the Department as a whole had not been formalised. However, each of the significant output areas of the Department, the Procedure Office and the Committee Office, operated on the basis of a mission statement encompassing their mission and goals and the strategies to achieve these goals. These mission statements are contained in appendices 1 and 2.

The Department has developed the following mission and value statements:

Our Mission

To pursue excellence in supporting the Legislative Council.

Our Values

Independence

To provide services in an objective, diligent and impartial manner.

Integrity

To be accountable and act in a professional, honest, ethical and equitable manner.

Improvement

To improve the quality of services by exploring new ideas and opportunities.

Respect

To promote a fair workplace that encourages contributions and values diversity.

Co-operation

To co-operate with, support and assist colleagues.

Management Structure

CLERK

Executive Management Team

• Clerk• Deputy Clerk• Clerk Assistant (House)• Clerk Assistant (Committees)• Executive Officer (Committees)• Usher of the Black Rod

Financial and Risk Management Team

• Clerk• Clerk Assistant (House)• Executive Officer (Committees)• President’s Secretary• Finance Manager

DEPUTY CLERK

House Division Committee Division

Legislation Group Procedure Office

Standing Committees Select Committees Joint Committees

PRESIDENT

Committee Office

ANNUAL REPORT 2004-05 CHAPTER 1: Governance

3

President

The President is the political head of the Department. Together with the Speaker of the Legislative Assembly (Assembly), the President is responsible for the overall management of the Parliament. The President’s administrative role is to:

• determine major policy;

• approve budgets;

• be the employer of staff;

• determine service provision; and

• supervise the management and delivery of services.

The President’s Office is managed by the President’s Executive Assistant.

Clerk

The Clerk’s main role is to provide policy, procedural and management advice to the President and Members of the Council on all matters relating to the operations of the Council and its committees.

The Clerk, as Chief Executive Officer, has overall responsibility for the financing, staffing and administration of the Department and is the accountable officer under the Financial Administration and Audit Act 1985.

The Clerk is also the Clerk of the Parliaments. In this role the Clerk is responsible for preparing and certifying Bills that have been passed by Parliament for Royal Assent.

Deputy Clerk

The Deputy Clerk’s role is to supervise the day to day operations of the Department. The Deputy Clerk reports directly to the Clerk in relation to the activities of the two Divisions and their groups.

Clerk Assistants

The Clerk Assistant (House) and Clerk Assistant (Committees), as Divisional Leaders, manage the two principal divisions within the Department - the Procedure Office and Committee Office. As at November 2 2005, these Divisions are:

• House Division; and

• Committee Division.

The House Division is comprised of the Procedure Office and the Legislation Group. The Committee Division comprises the Committee Office. The Clerk Assistants share management responsibilities with the Usher of the Black Rod (Procedure Office) and the Executive Officer (Committees) (Committee Office).


4

Management teams

As at November 2 2005, two management teams support the President and the Clerk.

Executive Management Team

The role of the Executive Management Team (EMT) is to:

• provide leadership and ensure effective management, co-ordination and performance of the Department;

• consider reports of the Divisional Leaders and the President’s Office;

• oversee the development and implementation of the corporate management plan, departmental and parliamentary policies and procedures, and manage information systems and controls;

• plan and develop services and information to be provided to Members and other stakeholders in the parliamentary process; and

• review and recommend to the President the annual budget for the Department.

Financial and Risk Management Team

The role of the Financial and Risk Management Team (FRMT) is to:

• monitor financial performance and the budget review process;

• monitor and review the internal audit function;

• liaise with the Auditor General’s Office regarding external audit activities;

• co-ordinate and promote a risk management culture; and

• establish mechanisms to ensure compliance with statutory obligations.

Management systems

Planning

The Department (in consultation with the other departments) undertakes planning at both strategic and operational levels. These plans form the basis of its activities, budgeting, performance management and reporting.

Performance management

A number of mechanisms measure and monitor performance:

• Internal management reporting: Divisional Leaders are required to submit management reports documenting financial and operational performance.

ANNUAL REPORT 2004-05 CHAPTER 1: Governance

5

• External review/evaluation: the Department is subject to annual audit by the Office of the Auditor General and a private auditor.

Resource management

Policies and procedures are published for the management of all human, financial and information resources. Systems have been established and reviewed to manage revenue, expenditure, assets and liabilities, as well as protect information resources.

Corporate management standards

The Department maintains a strong commitment to the development and maintenance of a culture of care, diligence, ethical behaviour, integrity, accountability and leadership.

This commitment is reflected in management standards covering workplace health and safety (Occupational Safety and Health Act 1984), risk management (whole of Parliament Risk Management Committee) and the Code of Conduct for employees of the Parliament.

LOOKING AHEAD

Area Initiative

Management structure Appointment of a new Clerk of the Council and Clerk of the Parliaments

Management systems Development of strategic goals and operational plans using a corporate governance model

Resource management Revision and updating of policies and procedures of the Department. Co-ordination with other departments with a view to establishing consistency

7

CHAPTER 2 OVERVIEW

ELECTION 2005

Following the State election on February 26 2005, the Labor Government was returned for a second term. (See appendix 3 for a list of Members.) In the Council, both the Labor Party and Liberal Party increased their numbers. The only National Party Member was re-elected and Greens (WA) seats were reduced from five to two. The three former One Nation Party Members (later Independents) were not re-elected.

The Greens (WA) Members in the Council presently hold the ‘balance of power’. Minor parties have held the balance of power since May 1997. The current political composition of the Council is:

Australian Labor Party 16 Members Liberal Party of Australia 15 Members Greens (WA) 2 Members National Party of Australia 1 Member TOTAL 34 Members

The Thirty-Seventh Parliament commenced on March 29 2005. Members of the Council are elected for a fixed term of four years from the time they take their seats until May 22 following the date of their election. Accordingly, until May 21 2005 the Council transacted business with Members elected in 2001. This influenced the Government’s legislative program and led to extended sittings of the House to deal with the Government’s electoral reform legislation.

SWEARING IN OF MEMBERS

On May 23 2005, the 34 Members-Elect were sworn in during a ceremony in the Council chamber. This included 13 Members elected for the first time.

APPOINTMENT OF PRESIDENT AND OFFICERS OF THE HOUSE

At the first sitting of the new Council on May 24 2005, Hon Nick Griffiths MLC (Labor) was elected as President, following the retirement of Hon John Cowdell MLC, the first ever Labor President. Hon George Cash MLC (Liberal) was re-elected as Chairman of Committees.

The Governor appointed, with effect from May 23 2005, Mr Malcolm Peacock and Mr Chris Hunt, as Deputy Clerk and Usher of the Black Rod respectively.

HONOURS FOR CLERK OF THE LEGISLATIVE COUNCIL AND FORMER MEMBERS

On May 19 2005, a Parliamentary Service Award was presented to Mr Laurie Marquet, the then Clerk of the Council and Clerk of the Parliaments. Mr Marquet was at the time, the


8

longest serving Clerk in any Australian Parliament and the longest serving Clerk of the Western Australian Council.

May 2005 saw the unveiling of a portrait of former President, Hon Clive Griffiths MLC, who served in this capacity for 20 years, being the longest serving Presiding Officer in either House of the Western Australian Parliament.

‘ONE VOTE ONE VALUE’ LEGISLATION

The main focus of the legislative program between March 29 and May 22 2005 was the Government’s electoral reform agenda contained in the One Vote One Value Bill 2005. Previous attempts at electoral reform were the subject of successful legal challenges.

To pass the One Vote One Value Bill 2005, the Government was reliant on the Council’s composition before May 22 2005, including the support of the Greens (WA) and a Liberal turned Independent, to provide the required absolute majority.

Legislation was introduced into the Assembly on March 30 2005 as the One Vote One Value Bill 2005 and passed the Council on May 6 2005 with amendments including a new title - the Electoral Amendment and Repeal Bill 2005. The Assembly agreed to the amendments on May 17 2005 and the Bill received Royal Assent on May 20 2005.

The Electoral Amendment and Repeal Act 2005 alters the distribution of country and city seats which will take effect at the next State election due in 2009. For example:

• all Assembly seats (except five seats in the Mining and Pastoral region) will have approximately the same enrolment of votes allowing for a 10% variation;

• membership of the Council will increase from 34 to 36 Members but maintain an even division between metropolitan and regional seats; and

• the ‘one vote one value principle’ is entrenched, with any future amendment requiring an absolute majority in both Houses of Parliament.

COMMITTEE OFFICE

The State election and the focus on electoral reform influenced the work of committees during the reporting period. During the second half of 2004 little evidence was taken as most committees had already gathered evidence and were drafting reports. Consequently there was a rush of publishing close to the end of the session. Nineteen reports were tabled between October 21 2004 and the day the House rose on December 1 2004.

In 2005, standing committees continued in existence from the previous Parliament but did not commence significant work until the new Council was formed on May 22 2005. New Members were appointed to committees on May 26 2005, by which time a discussion report reviewing the committee system had been tabled - Reflections on the Legislative Council Committee System and its Operations During the Thirty-Sixth Parliament: Discussions with the Chairs and

ANNUAL REPORT 2004-05 CHAPTER 2: Overview

9

Deputy Chairs of Parliamentary Committees1 (Cash Report) (see page 30). The election and the Cash Report affected the progress of inquires by committees. Members realised that changes to terms of reference and membership may occur and that the new membership may not wish to continue a previously unreported inquiry.

CORPORATE IMAGE

A new graphic design was developed for the Department’s publications.

SPECIAL EVENTS

Parliament House building - 100th Anniversary

July 28 2004 was the 100th Anniversary of the first sitting of the two Houses in the Parliament Building. To mark the occasion, the two Houses held a ceremonial sitting in the Council chamber.

The 100th Anniversary celebrations involved projects within the Parliament building as well as several publications. These included:

• the opening by the Governor of the Northern extension of the Parliament House building;

• the opening by the Governor of the Aboriginal People’s Room and Aboriginal People’s Gallery;

• the opening of the Centenary Room (formerly the Cabinet Dining Room);

• the publication of Speakers and Presidents of the Parliament of Western Australia; and

• the publication of House to House, an historic overview of the State’s Government and Parliament buildings.

Regional Parliament

As part of the Parliamentary Building’s Centenary Celebrations the Council met at the City of Kalgoorlie-Boulder in Western Australia’s Goldfields on September 28 and 29 2004. The Council conducted its proceedings at the historic Kalgoorlie Town Hall. This was a significant logistical task for the Department and the Parliamentary Services Department (PSD).

A display highlighting the connection between the Council and the Goldfields region was placed in the foyer of the Town Hall. The Parliamentary Education Office conducted school tours during the sittings, a Student Parliament was held and a committee hearing took place.

1 Western Australia, Legislative Council, Hon George Cash MLC, Reflections on the Legislative

Council Committee System and its Operations During the Thirty-Sixth Parliament: Discussions with the Chairs and Deputy Chairs of Parliamentary Committees, Tabled Paper 367, May 19 2005.


10

The local community was involved in a Community Reception and Community Barbecue. A closing ceremony was held to thank the City of Kalgoorlie-Boulder and community leaders for their assistance.

Swan River Colony - 175th Anniversary of Settlement

2004 was the 175th Anniversary of the Swan River colony’s establishment in 1829. To mark this event, the Council and Assembly participated in ‘WA on Show’, an exposition of Western Australia held at the Perth Convention Exhibition Centre from August 27 to 31 2004.

Honour boards

On May 17 2005, two honour boards were dedicated in the presence of former Members.

One board is the war service honour board from the Crimea War to the present. It lists the names of 51 Members who served either before or after they became Members of the Council.

The other board is a pioneer honour board and records the service of 85 Members in the Council during the period of representative government from 1870 to 1890.

Historical research was provided by the Procedure Office.

Clerks’ Gallery

June 23 2005 marked the 23rd anniversary of Mr Marquet’s appointment as Clerk and the achievement of becoming the longest serving Clerk of the Parliament. The occasion was used to officially open the Clerks’ Gallery. This comprises nine framed photographs of the Clerks of the Council since the commencement of responsible government in 1890.

DISTINGUISHED VISITORS AND OFFICIAL DELEGATIONS TO THE COUNCIL 2004-05

The following people made official calls to the Council:

• Ambassador of the Democratic Republic of Timor-Leste, His Excellency, Mr Jorge Da Conceição Teme;

• Ambassador of Greece, His Excellency, Mr Fotios-Jean Xydas;

• High Commissioner for the Federal Republic of Nigeria, His Excellency, Dr Icha E Ituma;

• High Commissioner for the Republic of Kenya, His Excellency, Mr John Lanyasunya; and

• Ambassador of the Republic of Chile, His Excellency, Mr Fernando Schmidt.

The following distinguished visitors and official delegations were hosted by the Council:

• Delegation - Discover West: Kansai & Hyogo - Japan Investment Attraction Business Visit Program led by Mr Masaaki Akagi, Hyogo Prefectual Government;

ANNUAL REPORT 2004-05 CHAPTER 2: Overview

11

• The Twenty First Delegation from the United States of America to Australia as Guests of the Australian Political Exchange Council;

• Representatives of Hyogo Prefecture and the Governor’s Representative on the occasion of the Hyogo Joint Summer Session at Sea Floating University, led by Mr Eiji Kanda;

• Visit by Sir Alan Haselhurst, Deputy Speaker of the House of Commons, and Lady Angela Haselhurst;

• Prime Minister of Timor-Leste, His Excellency, Dr Mari Alkatiri;

• Delegation from the City of Ako, Japan;

• Delegation of Study Group Students from the United States;

• Delegation from the Yunnan Provincial Province of China led by Mr Wang Zhidong;

• Representatives of the Netherlands Consular Corp in Australia, led by His Excellency, Dr Hans Sondaal; and

• Vice Speaker of the Hyogo Prefectural Assembly, Mr Hidekazu Nagata.

INTERDEPARTMENTAL CO-OPERATION

Co-operation between the three departments is essential for the efficient, effective and economic administration of Parliament House. This is achieved through a committee structure.

Management Executive Committee

The operations of Parliament House are managed by a Management Executive Committee (MEC) comprising:

• the President and Speaker;

• the Clerks of both Houses; and

• the Executive Manager, PSD.

The MEC meets to discuss, plan for, authorise and implement major projects. The MEC determines ‘whole of Parliament’ policies and projects for implementation.

Heads of Department Meetings

The three heads of department meet to discuss issues such as service delivery and matters to be placed before the MEC for consideration.

Risk Management Committee

A ‘whole of Parliament’ Risk Management Policy was adopted in April 2005. The Risk Management Committee is formulating guidelines and disaster recovery plans.


12

Joint Consultative Committee

The Council participates in the Joint Consultative Committee (JCC). The JCC is an employee/management consultative committee. The purpose of the JCC is to:

• provide a forum in which representatives of management and staff meet on a regular basis to consider issues impacting on the workplace and performance; and

• to make recommendations to the MEC about such issues and their subsequent resolution/implementation.

13

CHAPTER 3 PERFORMANCE

INTRODUCTION

During the reporting period and immediately after, the Department embarked on a project to review and assess its performance. This assessment will be developed by setting goals based on the Department’s corporate strategy and applying measures to determine whether, and to what extent, these goals have been achieved.

PERFORMANCE INDICATORS

A move towards performance indicators has particular difficulties in the parliamentary environment. The Department does not control the business of the House. Accordingly, the work outputs of the Council in the form of the days of sitting, hours of debate, number of Bills passed, questions on notice processed, papers tabled and committee reports presented are largely a matter for the Government and the 34 elected representatives. The Department assists with facilitating these work outputs within the constraints of its operational budget.

The political complexion of the Council, particularly the absence of a Government majority, can have a significant effect on these outputs, as well as making comparisons with other Houses unhelpful. Caution must be taken when developing performance indicators to distinguish between the performance of the Department and the performance of the Council.

The above work outputs may be an indication of the workload of the Department and the need for additional resources but are not necessarily valid measures of the Department’s performance. One measure by itself may not even be a valid indication of workload. Figure 3.1 below showing the number of Bills passed by the Council from 1993-2004 does not reflect the increased volume of legislation indicated in figure 3.2 and neither is a measure of the undoubted increased complexity of modern statutes.

Figure 3.1

Bills Passed 1993-2004

53

104

79 82

58 66 60 77

41 54

79 84

0 20 40 60 80

100 120

34th 34th 34th 34th 35th 35th 35th 35th 36th 36th 36th 36th

1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Parliament and Year

Bill

s P

asse

d


14

Figure 3.2

Pages of Legislation Considered 1993-2004

The development of performance indicators also comes with the acknowledgement that much of the work by staff is advisory and specialised. As a result an assessment of much of the work of the Department can be difficult to quantify as it is not easily measured in an output-based reporting system. Both quantitative and qualitative measurements need to form part of any performance assessment.

Ultimately, the work of the Department is service based. Performance indicators are therefore being developed on a survey model. The Department intends to refine and expand the survey process to include electorate officers and other stakeholders.

Members’ Survey

As a first step towards developing performance indicators, Members were surveyed in relation to a number of matters dealing with the provision of services by the Department during the reporting period. These were broken down into two principal areas, procedural advice and administrative services. A comparison was available from a previous survey taken in 1994. The results indicate that the performance of the Department in these areas has been maintained and improved upon over this period.

Figures 3.3 and 3.4 represent the performance of the Department in relation to the provision of procedural advice to Members in the House and to Members of committees. Figure 3.5 represents the performance of the two Divisions of the Department in the provision of administrative services.

4449

3545

1690

724

18772263

162218232519

24742794

1274

0

1000

2000

3000

4000

5000

34th 34th 34th 34th 35th 35th 35th 35th 36th 36th 36th 36th

1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004

Parliament and Year

Pag

es

ANNUAL REPORT 2004-05 CHAPTER 3: Performance

15

Figure 3.3

Comparison of Average Ratings for Procedural Advice - House (Max rating of 10) (1994 and 2005)

Figure 3.4

Comparison of Average Ratings for Procedural Advice - Committees (Max rating of 10) (1994 and 2005)

8.05

8.86

9.36

8.68

8.83

9.13

9.259.17

7

7.5

8

8.5

9

9.5

timely accurate comprehensive easy to understand

1994 2005

8.52

8.29

8.67

8.19

8.868.90

9.09

8.95

7.6

7.8

8

8.2

8.4

8.6

8.8

9

9.2

timely accurate comprehensive easy to understand1994 2005


16

Figure 3.5

Comparison of Average Ratings for Administrative Support (Max rating of 10) (1994 and 2005)2

Chairman of Committees’ discussions

Between October 2004 and April 2005 the Chairman of Committees held discussions with Members who had served as a Chair or Deputy Chair of a Council committee during the Thirty-Sixth Parliament. See page 30 for details of the Cash Report.

LOOKING AHEAD

Area Initiative

Survey Refine and expand the survey process to include electorate officers and other stakeholders

Performance Indicators Review and expand performance indicators

2 Note that the Parliament Internet was established in 1997 and therefore there is no data for

‘Information on Internet’ for 1994.

6.78

8.53

8.108.148.008.14

8.77

8.33

8.86

8.39

9.328.799

9.239.46

0

1

2

3

4

5

6

7

8

9

10

Documentation

General Assist.

General Admin. Response to Correspondence.

Support to Committees

Travel ServicesValue of Workshops

Information on Internet

1994 2005

17

The Council Chamber

CHAPTER 4 HOUSE OPERATIONS

INTRODUCTION

The House Division comprises the Procedure Office and the Legislation Group which provide the following services:

• chamber and Member support;

• document creation and record keeping;

• information and advice; and

• legislation processing.

The Procedure Office provides administrative support to the chamber during sittings of the House, and to the Department and Members during non-sitting periods. The Procedure Office is also responsible for processing and archiving the official records of the Council and serves as a general inquiry centre.

The Legislation Group consists of the Table Officers and Usher of the Black Rod who are responsible for the procedural and administrative aspects of the legislative process in the Council. This includes advice on parliamentary law, procedure and practice, the approval for publication of proposed amendments, the communication of messages between the Houses, and preparing Bills for assent by the Governor.

CHARTER

The goals and objectives of the Procedure Office are set out in its Charter (see appendix 1).

HOUSE OPERATIONS

Sittings of the House

The 2004 spring sittings commenced on August 17 20043 and concluded on December 1 2004. During the sittings, the House sat for 35 days with an average of 6 hours 7 minutes per day. The House sat for a total of 214 hours and 2 minutes over 10 sitting weeks.

3 The House also sat on July 1 and 2 2004.


18

The autumn sittings commenced on March 29 2005 and concluded on June 30 2005. During the sittings, the House sat for 26 days with an average of 5 hours 52 minutes per day. The House sat for a total of 152 hours and 30 minutes over eight sitting weeks.

Sitting patterns over the last five financial years are shown in figures 4.1 and 4.2 below. Appendix 4 provides selected statistics.

Figure 4.1

Number of Hours the House met 2000-01 to 2004-05

Figure 4.2

Average Number of Hours per Sitting Day (excluding meal breaks) 2000-01 to 2004-05

263.55

470.51

410.45390.52

378.35

0

50

100

150

200

250

300

350

400

450

500

2000-01 2001-02 2002-03 2003-04 2004-05

Years

Ho

urs

5.49

6.19

5.78

5.35

6.00

0

0.5

1

1.5

2

2.5

3

3.5

4

4.5

5

5.5

6

6.5

2000-01 2001-02 2002-03 2003-04 2004-05

Years

Ho

urs

ANNUAL REPORT 2004-05 CHAPTER 4: House Operations

19

Practice and Procedure

Government policy on sessions

In October 2003, the Government determined that section 4 of the Constitution Act 1889 did not require an annual prorogation of Parliament. Since the commencement of responsible Government in 1890 annual prorogations had been the practice in Western Australia.

This resulted in the second session of the Thirty-Sixth Parliament continuing from August 13 2002 (Opening Day) to January 23 2005 (Prorogation) cutting across the 2002-03, 2003-04 and 2004-05 financial reporting periods. This policy is expected to continue in the second term of the Labor Government and is likely to become a permanent feature. A four year Parliament will comprise one session.

Sessional Orders

During 2004, the Council operated under new Sessional Orders first put in place on March 20 2003. The 2003 Sessional Orders arose from recommendations of the Report of the Select Committee on the Rules, Orders and Usages of the House, tabled on March 12 2003.

Sessional Orders were again adopted, in a slightly amended form, on December 12 2003 for operation during the 2004 sittings. They expired on December 31 2004 after operating for almost two parliamentary sitting years.

The Sessional Orders radically altered the previous schedule of sittings and times allocated for specific business. The traditional three day weekly sitting pattern, which included two evening sittings on Tuesday and Wednesday nights, was altered to omit the Wednesday night sitting and to include Friday in a four day sitting week.4 The number of sitting weeks was reduced from the usual 24-26 to 19.5

The objects of the Sessional Orders were to provide:

• more time for Government business;

• a clear delineation between parliamentary work and electorate commitments; and

• more ‘family friendly’ hours whilst maintaining the previous total annual hours of sitting.

Sessional Orders allocated specified times for Government business, motions, non-official business (private Members business) and consideration of ministerial statements and committee reports. Members’ statements took the place of the traditional adjournment debate.

4 Friday sittings were not scheduled for four of the scheduled 19 sitting weeks for 2004. 5 Included in the 19 sitting weeks were the special meeting of the two Houses to commemorate

the 100th Anniversary of the Parliament building (July 28 2004), Estimates Week (June 8-10 2004) and the Regional Sitting of the House in Kalgoorlie-Boulder (September 28-29 2004). Only the latter was an official sitting of the House.


20

A comparison between the total number of sitting hours under the Sessional Orders and Standing Orders was almost identical:

Table 4.1

Average Yearly Number of Sitting Hours 2001 to 2004

Session/Year Snapshot Period

Sitting Days

Sitting Hours

Govt. Hours

(Approx)

1st Session under Standing Orders (2001-02)

01/05/01 - 21/03/02 70 391.15 139

1st Session and part 2nd Session under Standing Orders (2002-03)

26/03/02 - 19/03/03 70 430.36 153

2nd Session under Sessional Orders MKI (sittings 2003)

20/03/03 - 12/12/03 64 393.13 204

2nd Session under Sessional Orders MKII (sittings 2004)

02/03/04 - 01/12/04 70 422.98 220

The Sessional Orders resulted in an average 45% increase in time devoted to Government business. This is represented in figure 4.3 below.

Figure 4.3

Comparison of Government Time under Standing Orders and Sessional Orders - April 2001 to December 2004

153

204 220

139

0

50

100

150

200

250

1st Session under Standing Orders (2001-2002)

1st Session and part 2ndSession under Standing

Orders (2002-2003)

2nd Session under Sessional Orders MKI

(sittings 2003)

2nd Session underSessional Orders MKII

(sittings 2004)

Go

vern

men

t B

usi

nes

s (H

ou

rs)


21

Return to Standing Orders

On March 29 following the 2005 election, the House returned to its Standing Orders. It sat Tuesdays, Wednesdays and Thursdays with two evening sittings.

Temporary Orders

A Temporary Order was adopted from April 27 2005 to May 21 2005 to deal with priority Government legislation, principally the Electoral Amendment and Repeal Bill 2005. The House sat extended hours, including two Fridays, prior to the passage of the Bill.

New Sessional Orders

On June 30 2005 the House adopted Sessional Orders largely based on the previous Sessional Orders. The principal change was a return to a three day sitting week and the retention of two evening sittings on Tuesdays and Wednesdays.

Chamber Publications

The Division is responsible for the preparation and circulation of a number of chamber publications. In 2004-05 the following publications were issued:

Table 4.2

Chamber Publications 2004-05

Number

Weekly Bulletins 17

Business Programs 62

Daily Notice Papers 62

Minutes of Proceedings 63

Tabled Papers Lists 63

Supplementary Notice Papers (Amendments) 74

Questions Book (Questions on Notice) 63


22

Outputs in key chamber processes over the last five financial years are shown in figures 4.4, 4.5 and 4.6 below:

Figure 4.4

Questions on Notice Processed 2000-01 to 2004-05

Figure 4.5

Tabled Papers 2000-01 to 2004-05

165

396275 237 227

399

415

385338 416

468548

513475

710

9

3

5283

11571121

12551308

881

0

200

400

600

800

1000

1200

1400

1600

1800

2000

2000-01 2001-02 2002-03 2003-04 2004-05

Years

Annual Reports Subsidary Legislation Planning schemes and amendments Others Papers tabled (total)

1158

620

13271177

3044

0

500

1000

1500

2000

2500

3000

3500

2000-01 2001-02 2002-03 2003-04 2004-05

Years


23

Figure 4.6

Sets of Amendments* Circulated 2000-01 to 2004-05

Bills passed and amended

During the reporting period the Council passed 71 Bills, 35 of which were subject to amendment made by the Council. The high proportion of amendments reflects the absence of a Government majority in the chamber. Figure 4.7 shows the number of Bills passed in the Council during the last five financial years, together with the number that were amended.

Figure 4.7

Bills Passed 2000-01 to 2004-05

59 57

69

102

74

0

20

40

60

80

100

120

2000-01 2001-02 2002-03 2003-04 2004-05Years

(* Supplementary Notice Papers)

29 34

53

2236

26 12

31

25

35

71

47

84

46

55

10

30

50

70

90

110

130

2000-01 2001-02 2002-03 2003-04 2004-05

Years

Bills passed in the LC without amendment Bills passed in the LC with amendmentsTotal Bills Passed in the LC


24

Staffing

The Parliamentary Officer (Procedure) was appointed Usher of the Black Rod. A part time administrative assistant was appointed as Executive Assistant to the Table Officers. A Parliamentary Officer on maternity leave resigned and the Procedure Office gained the services of another officer.

MAJOR INITIATIVES

Members’ development

The 2005 election provided the impetus for a more systematic approach to Members’ development. Planning commenced in the summer recess to produce several publications and seminars for the assistance of Members:

• A Guide to Procedure and Practice: this publication serves as an introduction to the rules and laws that govern the activities of the House. The Guide was also published on the Members’ area of the Parliament Intranet. The electronic version includes links to relevant standing orders, documents and video footage of procedures in the House.

• Procedure and Practice - A Companion Guide: this pocket sized companion to the Guide outlines procedural and other information.

• A Guide for the Chairman and Deputy Chairmen of Committee of the Whole: this publication assists the Chairman and Deputy Chairmen. It contains basic rules and proforma wording to assist Presiding Members.

• New Members’ induction: seminars were held in the chamber and Committee Office. Feedback from participants was positive and the sessions were well received.

Staff development

To ensure the retention of valuable knowledge and improve services, the Procedure Office developed or refined the following initiatives:

• Induction program: an induction program for new staff encompassing training in document creation, chamber practices and procedural knowledge.

• Operational manuals on chamber procedures: refinement of the Procedure Office Manual.

• Performance and professional development initiatives: (see Chapter 7).

• Workplace Team: staff are encouraged to take significant ownership in the process of reviewing and improving its services via a formal Workplace Team process.


25

• Operational manuals: these are constantly under review. In addition, the Executive Assistant to the Table Officers has been appointed to manage and refine operational manuals and to provide training support.

Public Sector development

• Ministerial and departmental staff seminars: the Council, jointly with the Assembly, conducts two annual half day seminars for staff from Ministerial Offices, and departments and agencies of Government.

Public awareness

• Work of the Legislative Council 2004: this publication contains primarily statistical data on the operation of the Council in the 2004 calendar year together with procedural highlights for that year.

Office and chamber accommodation

• Council Library: a centralised library of resource texts and other relevant material has been created. The Library also serves as a meeting room for staff, and for brief committee meetings on sitting days.

LOOKING AHEAD

Area Initiative

Standing Orders Proposed review of Standing Orders

Electoral reform The Electoral Amendment and Repeal Act 2005 will result in two additional Members of the Council in 2009

Members’ development Procedural Briefings and Procedural Bulletins: provision of procedural briefings to familiarise Members with practice and procedure

Publication of quarterly bulletins

Members’ Survey: expansion of the survey, to include electorate officers and other stakeholders

Chairman and Deputy Chairmen of Committee of the Whole Meetings: regular meetings to improve the functioning of the committee stage

Public Sector development Further development of the Ministerial and Departmental Staff seminar series

Staff development and recruitment Updating operational manuals: further refinement of internal operational manuals and precedents


26

Area Initiative

Parliamentary Officer - Projects: proposed new position

Full Time Parliamentary Officers: additional Procedure Officers to improve flexibility and rostering

Public awareness Publication of Sitting Times: advertising sittings of the Council and committee proceedings in newspapers

Education Office Liaison: to increase awareness of the roles of the Council and its committees

Office and chamber accommodation

Chamber air-conditioning: installation to commence in December 2005

Refurbishment of chamber and Procedure Office: accommodation of additional staff, and two new Members in 2009

Historical assets Restoration and acquisition of historical assets

Leg Council Ann Rep 2005 (Cover)...Message from the President The 2005 State election saw the...

Documents

Transcript of Leg Council Ann Rep 2005 (Cover)...Message from the President The 2005 State election saw the...