Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment
ECONOMICS LEGISLATION COMMITTEE - 24/02/2011 - TREASURY PORTFOLIO

Consideration resumed from 23 February 2011

Senators in attendance:

Senator Wong, Minister for Finance and Deregulation

Senator Sherry, Minister Assisting on Deregulation and Public Sector Superannuation



Mr Jim Murphy, Executive Director

Mr Greg Divall, General Manager, Standard Business Reporting

Mr Geoff Miller, General Manager, Corporations and Financial Services Division

Ms Vicki Wilkinson, Principal Adviser, Corporations and Financial Services Division

Mr James Chisholm, Principal Adviser, Corporations and Financial Services Division

Mr Andrew Sellars Senior Adviser, Corporations and Financial Services Division

Mr Mark Sewell, Manager, Corporate Reporting and Accountability Unit

Mr Tim Beale, Manager, Governance and Insolvency Unit

Ms Christian Mikula, Manager, Investor Protection and Credit Unit

Ms Alix Gallo, Manager, Market Integrity Unit

Mr Richard Sandlant, Manager, Financial Services Taskforce Unit

Mr Brad Archer, Principal Adviser, Infrastructure

Mr Paul McBride, Principal Adviser, Housing and Cities

Mr Brenton Thomas, Principal Adviser, Infrastructure

Mr Andrew Deitz, Manager, Competition Law and Policy Unit

Mr John Lonsdale, General Manager, Financial System Division

Mr Jonathan Rollings, Principal Adviser, Superannuation

Mr Justin Douglas, Principal Adviser, Banking

Ms Kanwalijit Kaur, Manager, Insurance Markets Unit

Mr Jerome Davidson, Senior Adviser, Insurance Markets Unit


Dr Michael Kirby, Head of Office

Dr Jenny Gordon, Principal Adviser Research

Mr Terry O’Brien, First Assistant Commissioner, Canberra

Ms Lisa Gropp, Acting First Assistant Commissioner, Melbourne


Mr Tony D’Aloisio, Chairman

Ms Belinda Gibson, Deputy Chairman

Mr Greg Medcraft, Commissioner

Mr Michael Dwyer, Commissioner

Ms Kathrine Morgan-Wicks, Senior Executive Leader


Mr Graeme Samuel, Chairman

Mr Brian Cassidy, Chief Executive Officer, Regulation

Mr Mark Pearson, Deputy Chief Executive Officer, Competition and Consumer

Ms Raybe de Gruchy, Deputy Chief Executive Officer, Competition and Consumer

Ms Jo Schumann, Executive General Manager, Corporate

Mr Marcus Bezzi, Executive General Manager, Enforcement and Compliance Division

Mr Scott Gregson, Group General Manager, Enforcement Operations

Mr Nigel Ridgway, Group General Manager, Compliance Operations

Mr Michael Cosgrave, Group General Manager, Communications

Mr Tim Grimwade, Executive General Manager, Mergers and Acquisitions Group

Ms Michelle Groves, Chief Executive Officer, Australian Energy Regulatory

Mr Richard Chadwick, General Manger, Adjudication

Mr Sebastian Roberts, General Manager, Water

Mr Adrian Brocklehurst, Chief Executive Officer

Ms Lisa Anne Ayres, Director, Office of the Chief Executive Officer

Ms Lisa Campbell, Project Officer Office of the Chief Executive Officer

Ms Lynne Haultain, General Manager, Strategic Communications

Ms Sharon Clancy, Assistant Director, Office of the Chief Executive Officer

Ms Alison Noad, Project Officer, Strategic Communications

Ms Leonora Nicoll, Director, Strategic Communications


Mr Trevor Sutton, Acting Australian Statistician

Mr Peter Harper, Deputy Australian Statistician, Population,

Mr Denis Farrell, Acting Deputy Australian Statistician, Chief Operating Officer

Mr Michael Davies, First Assistant Statistician, Population, Labour, Industry and Environment Statistics Group

Mr Michael Belcher, Chief Financial Officer

Mr Paul Lowe, Assistant Statistician, Population Census Branch

Mr Michael Meagher, Director International Relations and Planning, Office of the Statistician


Mr Paul McCullough, Acting Executive

Ms Brenda Berkeley, General Manager, Indirect Tax Division

Mr Phil Bignell, Senior Adviser, Indirect Tax Division

Ms Christine Barron, General Manager, Tax System Division

Mr Mike Rawstron, General Manager, International Tax and Treaties Division

Mr Michael Wilcock, General Manager, Personal and Retirement Income Division

Ms Maryanne Mrakovcic, General Manager, Tax Analysis Division

Mr Colin Brown, Manager, Costing and Quantitative Analysis Unit

Mr Phil Gallagher, Manager, Retirement and Intergenerational Modelling Unit

Mr Paul Tilley, Chief Adviser, Tax System Division

Mr Trevor Thomas, Principal Adviser, Superannuation, Personal and Retirement Income Division

Mr Gerry Antioch, Adviser, Business Tax Division


Mr Michael D’Ascenzo, Commissioner of Taxation

Mr David Butler, Second Commissioner

Ms Jennie Granger, Second Commissioner

Mr Bruce Quigley, Second Commissioner

Mr Stephen Vesperman, Deputy Commissioner, Debt

Mr Neil Olesen, Deputy Commissioner, Superannuation

Mr Mark Konza, Deputy Commissioner, Large Business and International


Dr Ken Henry, Secretary, The Treasury

Dr David Gruen, Executive Director, Macroeconomic Group (Domestic)

Dr Steve Morling, General Manager, Domestic Economy Division

Mr Simon Duggan, Principal Adviser, Domestic Economy Division

Mr Tony McDonald, General Manager, Macroeconomic Policy Division

Mr Roger Brake, Chief Adviser, International

Mr Patrick Colmer, General Manager, International Finance and Development Division

Mr Mike Kooymans, Manager, International Monetary Fund Unit

Mr Michael Anderson, Manager, Pacific Assistance Unit

Ms Vanessa Lapthorne, Manager, Development Banks Unit

Mr David Crawford, Manager, G20 Unit, International and G20 Division


Mr Nigel Ray, Executive Director

Ms Luise McCulloch, Acting General Manager, Industry, Environment and Defence Division

Ms Meghan Quinn, General Manager, Macroeconomic Modelling Division

Ms Pete Furnell, General Manager, Social Policy Division

Mr Peter Robinson, Principal Adviser, Social Policy Division

Mr Chris Foster, Principal Adviser, Social Policy Division

Mr Damien White, Principal Adviser, Social Policy Division

Ms Sue Vroombout, General Manager, Commonwealth-State Relations Division

Ms Jan Harris, General Manager, Budget Policy Division

Ms Elizabeth Clegg, Manager, Assets and Liabilities, Analysis Unit

Ms Angela Baum, Manager, Budget Priorities and Reporting Unit

Mr Russ Campbell, Principal Adviser, Budget Policy Division

Mr Robert Raether, Principal Adviser, Industry, Environment and Defence Division

Mr Nicholas Stoney, Senior Adviser, Social Policy Division


Mr John Spasojevic, Secretary

Mr Phillip Parkins, Director Corporate Services.


Mr Robert Nicholl, Chief Executive

Mr Andrew Johnson, Head of Reporting

Mr Brad Parry, Acting Head of Treasury Services


Dr John Laker, Chairman

Mr Ross Jones, Deputy Chair

Mr Ian Laughlin, Member

Mr Wayne Byres, Executive General Manager, Diversified Institutions Division

Mr Keith Chapman, Executive General Manager, Supervisory Support Division

Mr Charles Littrell, Executive General Manager, Policy, Research and Statistics

CHAIR (Senator Hurley) —Good morning. I declare open this public hearing of the Senate Economics Legislation Committee. The Senate has referred to the committee the particulars of proposed additional expenditure for 2010-11 and related documents for the Innovation, Industry, Science and Research; Resources, Energy and Tourism; and Treasury portfolios. Under standing order 26 the committee must take all evidence in public session. This includes answers to questions on notice. Officers and senators are familiar with the rules of the Senate governing estimates hearings. If assistance is needed the secretariat has copies of the rules. 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)

[9.01 am]