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Education, Employment and Workplace Relations Legislation Committee - 15/02/2012 - Estimates - EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS PORTFOLIO

In Attendance

Senator Collins, Parliamentary Secretary for School Education and Workplace Relations

Department of Workplace R elations and Employment

Ms Lisa Paul, Secretary

Mr Michael Manthorpe, Deputy Secretary

Ms Jennifer Taylor, Deputy Secretary

Mr Tony Cook, Deputy Secretary

Mr John Kovacic, Deputy Secretary

Ms Sandra Parker, Deputy Secretary

Corporate and Network

Mr Michael Manthorpe, Deputy Secretary

Ms Robyn Kingston, Chief Internal Auditor

Mr Craig Storen, Chief Finance Officer

Mr George Kriz, Chief Lawyer, Legal and Investigations

Ms Helen Willoughby, Group Manager, Communication and Parliamentary

Mr Brant Trim, Branch Manager, Communication and Parliamentary

Mr Aloka Sinha, Branch Manager, Finance and Business Services

Ms Vicki Rundle, Group Manager, People and Organisational Development

Ms Michelle Cornish, Group Manager, State and Regional Services S trategy

Ms Susan Monkley, Group Manager, Technology Solutions

Outcome 1—Office of Early Childhood Education and Child Care

Ms Jennifer Taylor, Deputy Secretary

Mr David DeSilva, Group Manager, Early Childhood Quality and Workforce

Ms Lisbeth Kelly, Branch Manager, Early Childhood Quality and Workforce

Ms Joanna Stanion, Branch Manager, Early Childhood Quality and Workforce

Ms Joan ten Brummelaar, Branch Manager, Early Childhood Quality and Workforce

Mr Michael Maynard, Group Manager, Early Learning and Care Support

Mr Matthew Hardy, Branch Manager, Early Learning and Care Support

Ms Kellie Hippit, Acting Branch Manager, Early Learning and Care Support

Ms Jo Caldwell, Group Manager, Strategy and Family Payments

Mr Murray Kimber, Branch Manager, Strategy and Family Payments

Ms Robyn Priddle, Branch Manager, Strategy and Family Payments

Mr Ryan Winn, Branch Manager, Strategy and Family Payments

Dr Russell Ayres, Branch , Strategy and Family Payments

Ms Gillian Mitchell, Branch Manager, Strategy and Family Payments

Outcome 2—Schools and Youth

Mr Tony Cook, Deputy Secretary

Ms Janet Davy , Group Manager, Curriculum, Assessment and Teaching

Ms Alex Gordon, Branch Manager, Curriculum, Assessment and Teaching, National School Reform Support

Mr Tony Zanderigo, Branch Manager, Curriculum, Assessment and Teaching, School Improvement and Transparency

Mr Chris Sheedy, S outh A ustralia State Manager, Engagement and Wellbeing, National School Chaplaincy and Student Welfare Program Branch

Mr Matt Davies , Group Manager, Engagement and Wellbeing, Engagement and Wellbeing

Mr Anthony Fernando, Branch Manager, Engagement and Wellbeing, Office for Youth

Mr Stephen Goodwin, Branch Manager, Engagement and Wellbeing, Aboriginal and Torres Strait Islander Schooling

Mr Peter Miller, Acting Branch Manager, Engagement and Wellbeing, Inclusive Education and Engagement

Ms Susan Smith, Group Manager, Infrastructure a nd Funding

Ms Oon Ying Chin, Branch Manager, Infrastructure and Funding, Schools Grants and Funding Policy Branch

Mr Alan Edwards, Branch Manager, Infrastructure and Funding, Schools Vocational Pathways Branch

Ms Hilary Riggs, Branch Manager, Infrastruct ure and Funding, Schools Corporate Support Branch

Ms Margaret Sykes, Branch Manager, Infrastructure and Funding, National Trade Cadetships and Indigenous Ranger Cadetships

Mr Stewart Thomas, Branch Manager, Infrastructure and Funding, Building the Education Revolution Branch

Ms Louise Hanlon, Group Manager, National Schools and Youth Partnerships

Ms Rhyan Bloor, Branch Manager, National Schools and Youth Partnerships

Ms Wenda Donaldson, Branch Manager, National Schools and Youth Partnerships

Ms Helen McLaren, Branch Manager, National Schools and Youth Partnerships

Ms Gabrielle Phillips, Branch Manager, National Schools and Youth Partnerships

Ms Judy Petch Bungbrakearti, Acting Branch Manager, National Schools and Youth Partnerships

Ms Sue Dawson, Group Manager, Schools Funding Taskforce, Schools Funding Taskforce Group

Mr Patrick Burford, Branch Manager, Schools Funding Taskforce, Schools Funding Taskforce Group

Ms Robyn Shannon, Branch Manager, Schools Funding Taskforce, Schools Funding Taskforce Group

Outcome 4- Employment and Strategy

Ms Sandra Parker, Deputy Secretary

Ms Anthony Parsons, Group Manager, Employment Services Management and Procurement Group

Ms Alison Durbin, Branch Manager, Employment Services Management and Procurement Group

Ms Jenny Harrison, Branch Manager, Employment Services Management and Procurement Group

Mr Michael Quinn, Branch Manager, Employment Services Management and Procurement Group

Ms Elizabeth Hickey, Acting Branch Manager, Employment Services Management and Procurement Group

Mr Stephen Moore, Group Manager, Employment Systems

Ms Marsha Milliken, Group Manager, Income Support Group, Income Support

Mr Derek Stiller, Branch Manager, Job Seeker Participation Branch, Income Support

Mr David Pattie, Branch Manager, Income Support Programs Branch, Income Support

Mr Ty Emerson, Branch Manager, Income Support Policy and Information, Income Support

Ms Margaret McKinnon, Group Manager, Job Services Australia

Ms Linda Laker, Branch Manager, Job Services Australia

Mr Stuart Watson, Branch Manager, Job Services Australia

Ms Fiona Buffinton, Group Manager, Specialist Employment Services

Ms Sharon Stuart, Branch Manager, Specialist Employment Services

Ms Margaret Kidd, Group Manager, Labour Market Strategy

Mr Ivan Neville, Branch Manager, Labour Market Strategy

Mr John Kovacic, Deputy Secretary

Ms Ngaire Hosking, Group Manager, Social Policy and Economic S trategy

Ms Helen Innes, Branch Manager, Social Policy and Economic S trategy

Mr Mark Roddam, Branch Manager, Social Policy and Economic S trategy

Ms Rose Verspaandonk, Branch Manager, Social Policy and Economic S trategy

Mr Scott Matheson, Branch Manager, Social Policy and Economic S trategy

Ms Jennifer Taylor, Deputy Secretary, Executive

Ms Jo Wood, Group Manager, Indigenous Economic Strategy

Ms Tania Rishniw, Branch Manager, Indigenous Economic Strategy

Ms Brenda Love, Branch, Indigenous Economic Strategy

Outcome 5 —W orkplace Relations and Economic Strategy

Mr John Kovacic, Deputy Secretary

Ms Michelle Baxter, Group Manager, Workplace Relations Implementation and Safety

Ms Flora Carapellucci, Branch Manager, Workplace Relations Implementation and Safety

Mr Peter Cully , Branch Manager, Workplace Relations Implementation and Safety

Ms Kylie Emery, Branch Manager, Workplace Relations Implementation and Safety

Mr Jeff Willing, Branch Manager, Workplace Relations Implementation and Safety

Ms Kay Millican, Acting Branch Manager, Workplace Relations Implementation and Safety

Mr Jeremy O'Sullivan, Chief Counsel, Workplace Relations Legal

Mr Henry Lis, Branch Manager, Workplace Relations Legal

Ms Janey Kuzma, Branch Manager, Workplace Relations Legal

Mr Adrian Breen, Acting Branch Manager, Workplace Relations Legal

Ms Jennifer Wyborn, Acting Branch Manager, Workplace Relations Legal

Dr Alison Morehead, Group Manager, Workplace Relations Policy

Ms Jody Anderson, Branch Manager, Workplace Relations Policy

Ms Lisa Berry, Branch Manager, Workplace Relations Policy

Ms Shannon Madden, Branch Manager, Workplace Relations Policy

Ms Colette Shelley, Branch Manager, Workplace Relations Policy

Australian Building and Construction Commission

Mr Leigh Johns, ABC Commissioner, Australian Building and Construction Commission

Mr Brian Corney, Deputy ABC Commissioner, Australian Building and Construction Commission

Mr Michael Campbell, Deputy ABC Commissioner, Australian Building and Construction Commission

Mr John Casey, Chief Financial Officer, Australian Building and Construction Commission

Australian Curriculum Assessment and Reporting Authority

Dr Peter Hill, C hief E xecutive O fficer , Australian Curriculum Assessment and Reporting Authority

Mr Rob Randall, GM-Curriculum, Deputy C hief E xecutive O fficer , Australian Curriculum Assessment and Reporting Authority

Mr Peter Adams, GM-Assessment and Reporting, Australian Curriculum Assessment and Reporting Authority

Australian Institute for Teaching and School Leadership

Ms Madeleine Scully , Company Secretary, Australian Institute for Teaching and School Leadership

Ms Margery Evans, Chief Executive Officer, Australian Institute for Teaching and School Leadership

Mr Edmund Misson, General Manager, Australian Institute for Teaching and School Leadership

Comcare

Mr Paul O'Connor, Chief Executive Officer, Comcare

Mr Steve Kibble, Deputy Chief Executive Officer, Comcare

Fair Work Australia

The Hon Geoffrey Giudice, President, Fair Work Australia

Mr Brendan Hower, Director, Fair Work Australia

Mr Terry Nassios, Director, Fair Work Australia

Ms Bernadette O'Neill, Acting General Manager, Fair Work Australia

Ms Leanne Lawrence, Acting Director, Fair Work Australia

Ms Pauline Burke, Acting Director, Fair Work Australia

Ms Louise Clarke , Acting Director , Fair Work Australia

Ms Judy Hughes, Manager, Fair Work Australia

Ms Jane Gibbons, Manager, Fair Work Australia

Fair Work Ombudsman

Mr Nicholas Wilson, Fair Work Ombudsman, Fair Work Ombudsman

Mr Mark Scully , Group Manager, Fair Work Ombudsman

Ms Janine Webster, Chief Counsel, Fair Work Ombudsman

Mr Dennis Mihelyi, Director, Fair Work Australia

Ms Naomi Bleeser, Executive Director, Fair Work Ombudsman

Mr Michael Clark , Executiv e Director, Fair Work Ombudsman

Mr Karsten Lehn, Executive Director, Fair Work Ombudsman

Mr Tom O'Shea, Executive Director, Fair Work Ombudsman

Mr Steve Ronson, Executive Director, Fair Work Ombudsman

Ms Leanne Fry, Executive Director, Fair Work Ombudsman

Mr Bill Loizides, Group Manager, Fair Work Ombudsman

Ms Su Kearns, Group Manager, Fair Work Ombudsman

Mr Craig Bildstien, Director, Fair Work Ombudsman

Safe Work Australia

Mr Rex Hoy, Chief Execut ive Officer, Safe Work Australia

Mr Andrew Craig, Chief Financial Officer, Safe Work Australia

Mr Wayne Creaser, Branch Manager, Safe Work Australia

Ms Amanda Grey, Branch Manager, Safe Work Australia

Ms Justine Ross, Branch Manager, Safe Work Australia

Mr Drew Wagner, Branch Manager, Safe Work Australia

Ms Julia Collins, Acting Branch Manager, Safe Work Australia

Committee met at 09:00

CHAIR (Senator Marshall): I declare open this public hearing of the Education, Employment and Workplace Relations Legislation Committee. The Senate has referred to the committee the particulars of proposed expenditure for 2011-12 and related documents for the Education, Employment and Workplace Relations portfolios. The committee has set Thursday, 29 March 2012 as the date by which answers to questions on notice are to be returned.

Under standing order 26, the committee must take all evidence in public. This includes answers to questions on notice. Officers and senators are familiar with the rules of the Senate governing estimates hearings. If you need assistance, the secretariat has copies of the rules. The Senate has resolved that officers shall not be asked to give opinions on matters of policy, and shall be given reasonable opportunity to refer such questions to superior officers or to the minister. This resolution however does not preclude questions asking for explanations of policies or factual questions about when and how policies were adopted. Where an officer declines to answer a question, the grounds for this should be stated so that the committee may consider the matter. The giving of false or misleading evidence to the committee may constitute a contempt of the Senate.

I particularly draw the attention of witnesses to an order of the Senate of 13 May 2009 specifying the process by which a claim of public interest immunity should be raised, and which I now incorporate in Hansard.

The extract read as follows—

Public interest immunity claims

That the Senate—

(a) notes that ministers and officers have continued to refuse to provide information to Senate committees without properly raising claims of public interest immunity as required by past resolutions of the Senate;

(b) reaffirms the principles of past resolutions of the Senate by this order, to provide ministers and officers with guidance as to the proper process for raising public interest immunity claims and to consolidate those past resolutions of the Senate;

(c) orders that the following operate as an order of continuing effect:

(1) If:

(a) a Senate committee, or a senator in the course of proceedings of a committee, requests information or a document from a Commonwealth department or agency; and

(b) an officer of the department or agency to whom the request is directed believes that it may not be in the public interest to disclose the information or document to the committee, the officer shall state to the committee the ground on which the officer believes that it may not be in the public interest to disclose the information or document to the committee, and specify the harm to the public interest that could result from the disclosure of the information or document.

(2) If, after receiving the officer’s statement under paragraph (1), the committee or the senator requests the officer to refer the question of the disclosure of the information or document to a responsible minister, the officer shall refer that question to the minister.

(3) If a minister, on a reference by an officer under paragraph (2), concludes that it would not be in the public interest to disclose the information or document to the committee, the minister shall provide to the committee a statement of the ground for that conclusion, specifying the harm to the public interest that could result from the disclosure of the information or document.

(4) A minister, in a statement under paragraph (3), shall indicate whether the harm to the public interest that could result from the disclosure of the information or document to the committee could result only from the publication of the information or document by the committee, or could result, equally or in part, from the disclosure of the information or document to the committee as in camera evidence.

(5) If, after considering a statement by a minister provided under paragraph (3), the committee concludes that the statement does not sufficiently justify the withholding of the information or document from the committee, the committee shall report the matter to the Senate.

(6) A decision by a committee not to report a matter to the Senate under paragraph (5) does not prevent a senator from raising the matter in the Senate in accordance with other procedures of the Senate.

(7) A statement that information or a document is not published, or is confidential, or consists of advice to, or internal deliberations of, government, in the absence of specification of the harm to the public interest that could result from the disclosure of the information or document, is not a statement that meets the requirements of paragraph (I) or (4).

(8) If a minister concludes that a statement under paragraph (3) should more appropriately be made by the head of an agency, by reason of the independence of that agency from ministerial direction or control, the minister shall inform the committee of that conclusion and the reason for that conclusion, and shall refer the matter to the head of the agency, who shall then be required to provide a statement in accordance with paragraph (3).

(Extract, Senate Standing Orders, pp 124-125)