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APPOINTMENTS-GENERAL PRINCIPLES AND BACKGROUND

ISSUE

This brief discusses the principles that govern appointments and tenninations.

A number of vacancies will require early attention. A table outlining expired and expiring
appointments in the next six months is included in the brief on Matters Requiring Early
Attention. Further infonnation on some of these appointments is also included in this
document.

FINANCIAL IMPLICATIONS

There will be financial implications in some cases if a person's appointment to a portfolio
agency body is tenninated prematurely, where it is possible to do so.

Typically, persons holding statutory appointments can only be removed from office before
their tenn expires where there are grounds for removal as specified in the relevant legislation
(e.g. misbehaviour).

BACKGROUND

Portfolio appointments generally fall into three broad categories:
   • 	 appointments as an officer or member of a statutory authority or to some other
        statutory office;
    • 	 appointments as an officer of a Commonwealth-controlled company (e.g. as a
        director of the company); and
    • 	 appointments to a non-statutory advisory board or panel.

In addition, there are some other Commonwealth-funded entities that are not controlled by
the Commonwealth but have constituting documents that confer on the Minister the power to
make appointments to the board of that entity.

Other kinds of portfolio appointments (e.g. as a director of a Commonwealth-controlled
company or member of a non-statutory advisory board) generally can be tenninated without
having to establish any specific grounds for removal. However particular procedures may
need to be followed before doing so.

Statutory appointments

The procedure for appointment and tennination of appointments to the following bodies is
set out in the enabling legislation.
    • 	 Australian Broadcasting Corporation;
    • 	 Australian Communications and Media Authority;
    • 	 Australian Postal Corporation;
    • 	 Regional Telecommunications Independent Review Committee; and
    • 	 Special Broadcasting Service Corporation.




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Current membership details (as at 22/7/2010) of the above Boards are included in a table at
5.1. This document also includes Other Appointments with Ministerial Involvement not
captured by the Senate Order on Appointments.

In some cases, the enabling legislation provides for appointments to be made, and
terminated, by the Governor-General rather than the Minister. The Governor-General acts
with the advice of the Executive Council. All ministers of state (ministers and parliamentary
secretaries) are members of the Executive Council. A quorum for an Executive Council
meeting is the Governor-General and two executive councillors.

Appointments to Commonwealth companies

The following company in the portfolio is controlled by the Commonwealth:
   • NBNCo.

Details of current appointments to this company are also included in the table at 5.1.

Procedures for appointments and terminations of appointments are set out in the constitution
of the company. The constitution ofNBN Co Limited provides that the Commonwealth
(meaning the Minister and the Minister for Finance and Deregulation together) may at any
time by written notice to the company appoint or remove a director.

The Corporations Act 2001 also contains provisions that allow the members of a company at
a general meeting to dismiss any director of the company and appoint a replacement. These
provisions prevail over any in the company's constitution. In the case ofNBN Co Limited,
the only member of the company is the Commonwealth. Accordingly, it is possible for
general meetings of the company to be held effectively 'on the papers' .

NBN Co Limited has a wholly-owned subsidiary known as NBN Tasmania Limited. The
process of appointing (and removing) directors ofNBN Tasmania Limited is controlled by
NBN Co as the parent company.

Appointments to other entities

Groups such as the Consultative Working Group on Cyber-safety (CWG) and the Youth
Advisory Group on Cyber-safety (Y AG) are not legal or statutory entities, and members of
these groups are not remunerated. Such arrangements are not characterised as official
appointments. It is not expected that a new Minister would have any obligation to continue
either the Y AG or CWG.

Procedures for resignation or termination of appointment

Resignations and terminations need to be effected in accordance with relevant statutory
provisions (if any) and any special terms and conditions of employment applicable in the
circumstances that are contained in employment contracts or other relevant documents such
as the constitutions of relevant Commonwealth companies.

As noted above, grounds on which appointments to portfolio agencies established by statute
may be terminated are limited and differ between portfolio agencies. Reasons for
termination include incapacity, misconduct or bankruptcy of the appointee. In some cases, a
person's appointment may be terminated for unsatisfactory performance.



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In cases of tennination it generally will be necessary to ensure that procedural fairness has
been properly afforded i.e. that an appointee is given an opportunity to present his or her case
as to why tennination should not take place.

The Remuneration Tribunal has detennined a level of financial compensation for a holder of
a public office where there is early loss of office (some exclusions apply).

Where a tenn of appointment expires (i.e. there is no early tennination) no tennination
payment is available.

Compensation for early loss of office does not apply to part-time office holders.

Statutory appointments made by the Governor-General

Portfolio legislation provides for the Governor-General to appoint the following persons:
   • 	 directors of the Australian Broadcasting Corporation other than the Managing 

        Director; 

   • 	 members of the Australian Communications and Media Authority 

        (s 33); 

   • 	 directors of the Australian Postal Corporation other than the Managing Director; and
    • 	 directors of the Special Broadcasting Service Corporation other than the Managing
        Director.

Portfolio legislation provides for the following persons to resign by giving the Governor­
General a written resignation:
    • 	 directors of the Australian Broadcasting Corporation other than the Managing 

        Director; 

    • 	 members of the Australian Communications and Media Authority;
    • 	 directors of the Australian Postal Corporation; and
    • 	 directors of the Special Broadcasting Service Corporation other than the Managing
        Director.

It is the practice that such resignations are acknowledged in writing on behalf of the
Governor-General. In general, a resignation takes effect:
(a) 	    ifno date is specified in the letter of resignation, on the date of receipt by the
         Governor-General; or
(b) 	    if a prospective date of resignation is specified, on that date.

It is important that letters of resignation not be drafted in such tenns as to make the
resignation conditional on some other event occurring e.g. appointments to another office.

Portfolio legislation provides for the Governor-General to terminate the appointment of the
following persons if the Minister is of the opinion that the person's perfonnance has been
unsatisfactory for a significant period of time:
    • 	 members of the Australian Communications and Media Authority;
    • 	 directors of the Australian Postal Corporation; and
    • 	 directors of the Special Broadcasting Service Corporation other than the Managing
        Director.




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Portfolio legislation provides for the Governor-General to telminate the appointment of the
following persons for misbehaviour or physical or mental incapacity:
    • 	 directors of the Australian Broadcasting Corporation other than the Managing 

        Director; 

    • 	 members of the Australian Communications and Media Authority;
    • 	 directors of the Australian Postal Corporation; and
    • 	 directors of the Special Broadcasting Service Corporation other than the Managing
        Director.

Portfolio legislation provides for the Governor-General to terminate the appointment of the
following persons if they become bankrupt (or forms specific arrangements with creditors),
fail to disclose a conflict of interest or are absent on unapproved leave for a specified period
(s 34(5)):
     • 	 directors of the Australian Broadcasting Corporation other than the Managing
         Director;
     • 	 members of the Australian Communications and Media Authority;
     • 	 directors of the Australian Postal Corporation, whose appointments may also be
         terminated for failure to notify the Minister of Australia Post's operations, significant
         events or to provide a corporate plan to the Minister as required by the
         Commonwealth Authorities and Companies Act 1997;
     • 	 directors of the Special Broadcasting Service Corporation other than the Managing
         Director.

Portfolio legislation provides for the Governor-General to terminate the appointment of
members of the Australian Communications and Media Authority if they engage in
unapproved paid outside employment.

Statutory appointments made by the Minister

Portfolio legislation provides for the Minister to appoint:
   • 	 associate members of the Australian Communications and Media Authority and
        limited powers to make acting arrangements for members other than the chair; and
    • 	 members of the Regional Telecommunications Independent Review Committee.

Portfolio legislation provides for the following persons to resign by giving the Minister a
written resignation:
    • associate members ofthe Australian Communications and Media Authority; and
    • members of the Regional Telecommunications Independent Review Committee.

Portfolio legislation provides for the Minister to terminate the appointment of associate
members of the Australian Communications and Media Authority:

    • 	 if the Minister is of the opinion that the person's performance has been 

        unsatisfactory; 

    • 	 if they engage in unapproved paid outside employment;
    • 	 for failure to comply with requirements regarding corporate plans and annual reports.

Portfolio legislation provides for the Minister to terminate the appointment of associate
members of the Australian Communications and Media Authority; and members of the
Regional Telecommunications Independent Review Committee:



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   •   for misbehaviour or physical or mental incapacity;
   •   if they become bankrupt, or fail to disclose a conflict of interest;
   •   if they are absent on unapproved leave for a specified period.

Other statutory appointment processes

Portfolio legislation provides for the Managing Director of the Australian Broadcasting
Corporation (the ABC), the Australian Postal Corporation (Australia Post) and the Special
Broadcasting Service Corporation (the SBS) to be appointed by the Board of those
Corporations.

The Managing Director of the ABC, Australia Post and the SBS hold office during the
Board's pleasure and may resign by writing delivered to the Board.

The Special Broadcasting Service Act 1991 allows the Board of the SBS to remove the
Managing Director from office if the Managing Director engages in unapproved paid outside
employment, is absent on unapproved leave for specified periods, becomes bankrupt or fails
to disclose a conflict of interest. There is no comparable provision in the Australian
Broadcasting Corporation Act 1983.




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General duties of directors of Commonwealth authorities and Commonwealth
companies

The Commonwealth Authorities and Companies Act 1997 sets out duties for directors of
Commonwealth authorities that are analogous to duties of company directors under the
Corporations Act 2001 . For example, these require directors of Commonwealth authorities
to exercise their powers and discharge their duties with due care and diligence and in good
faith in the best interests of the Commonwealth and not to improperly use their position or
information to gain an advantage for themselves or a third party or to cause detriment to the
Commonwealth authority or a third party. Failure to comply with these duties may in some
circumstances provide grounds for terminating an appointment for misbehaviour or
unsatisfactory performance.

Principal executive offices

The Remuneration Tribunal has designated certain offices in portfolio agencies as principal
executive offices for the purposes of the Remuneration Tribunal Act 1973. These offices
are:
     • the Managing Director of the Australian Broadcasting Corporation;
     • the Managing Director of the Australian Postal Corporation; and
     • the Managing Director of the Special Broadcasting Service Corporation.

Determination 2005119 of the Remuneration Tribunal provides for compensation for early
loss of a principal executive office (PEO) in certain circumstances. It provides that where a
person's appointment to a PEO is terminated prematurely, the Commonwealth may elect to
offer suitable alternative employment (including in a Commonwealth company or authority).

Where the Commonwealth does not offer suitable alternative employment, the portfolio
agency to which the office holder is attached is required to pay the office holder one third of
one month of an office holder's superarmuation salary per month of service remaining, in
lieu of obligations such as provision of notice or payment instead of notice or redundancy
pay and subject to a minimum payment of four months of an office holder's superarmuation
salary and a maximum payment of one year of an office holder's superarmuation salary.

A PEO is not entitled to these separation benefits where:
(a) 	 the person resigns or retires; or
(b) 	 the person has served their full term of employment; or
(c) 	 the appointment was terminated prematurely for reasons of misbehaviour or
      unsatisfactory performance; or
(d) 	 the appointment was terminated prematurely on account of mental or physical
      incapacity and the person is entitled to receive invalidity retirement benefits under
      Commonwealth superannuation legislation.




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Compensation for loss of office for other full-time holders of public office

Remuneration Tribunal Determination 2007/07 governs compensation for loss of
office for other full-time holders of a public office. It provides that where a person's
appointment to a public office is terminated prematurely, the Commonwealth may
elect to offer suitable alternative employment (including in a Commonwealth
company or authority).

Where the Commonwealth does not offer suitable alternative employment, the
Commonwealth is required to pay the office holder one third of one month's
remuneration per month of service remaining, in lieu of obligations such as provision
of notice or payment instead of notice or redundancy pay and subject to a minimum
payment of four months' remuneration and a maximum payment of one year's
remuneration.
An office holder is not entitled to this compensation where:

(a) 	   the person has served the full term of appointment; or
(b) 	   the person was appointed on a part-time basis and is eligible for either a daily
        or annualised fee (rather than a base salary or other component of total
        remuneration, or a proportion thereof); or
(c) 	   the appointment was terminated prematurely for reasons of misbehaviour or
        unsatisfactory performance; or
(d) 	   the appointment was terminated prematurely on account of mental or physical
        incapacity and the person is entitled to receive invalidity retirement benefits
        under Commonwealth superannuation legislation.




Clearing Officer 	                                                           Contact Officer
Trudi Bean                                                                     Shane Redfern
Senior Executive Lawyer                                            Manager Legal Practice Unit
Legal Services                                                                 Legal Services
Ph: 02 6271 1929                                                            Ph: 02 6271 1076
Mob: 0412428656                                                           Mob: 0423 345 283
Date: 9 August 2010
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                         COMMONWEALTH OF AUSTRALIA 


              ADMINISTRATIVE ARRANGEMENTS ORDER 

           MADE ON 6 MAY 2010 AND AMENDED ON 29 JUNE 2010 


                                         SCHEDULE 


                        ADMINISTRATIVE ARRANGEMENTS 


   THE DEPARTMENT OF BROADBAND, COMMUNICATIONS AND THE
                        DIGITAL ECONOMY

Matters dealt with by the Department

Broadband policy and programs
Postal and telecommunications policies and programs
Spectrum policy management
Broadcasting policy
National policy issues relating to the digital economy
Content policy relating to the information economy

Legislation administered by the Minister

AUSSAT Repeal Act 1991 

Australian Broadcasting Corporation Act 1983 

Australian Broadcasting Corporation (Transitional Provisions and Consequential 

  Amendments) Act 1983 

Australian Communications and Media Authority Act 2005 

Australian Communications and Media Authority (Consequential and Transitional 

  Provisions) Act 2005 

Australian Postal Corporation Act 1989 

Broadcasting Services Act 1992 

Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 

Datacasting Charge (Imposition) Act 1998 

Datacasting Transmitter Licence Fees Act 2006 

Do Not Call Register Act 2006 

Interactive Gambling Act 2001 

National Transmission Network Sale Act 1998 

NRS Levy Imposition Act 1998 

Parliamentary Proceedings Broadcasting Act 1946 

Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 

Radiocommunications Act 1992 

Radiocommunications (Receiver Licence Tax) Act 1983 

Radiocommunications (Spectrum Licence Tax) Act 1997 

Radiocommunications Taxes Collection Act 1983 


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Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992
Radiocommunications (Transmitter Licence Tax) Act 1983
Radio Licence Fees Act 1964
Spam Act 2003
Special Broadcasting Service Act 1991
Telecommunications Act 1997
Telecommunications and Postal Services (Transitional Provisions and Consequential
 Amendments) Act 1989
Telecommunications (Carrier Licence Charges) Act 1997
Telecommunications (Consumer Protection and Service Standards) Act 1999
Telecommunications (Numbering Charges) Act 1997
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1991
Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997
Telecommunications (Universal Service Levy) Act 1997
Television Licence Fees Act 1964
Telstra Corporation Act 1991
Telstra (Transition to Full Private Ownership) Act 2005
Trade Practices Act 1974, Parts XIB and XlC
Year 2000 h?formation Disclosure Act 1999




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LEGISLATION ADMINISTERED BY THE MINISTER FOR
BROADBAND, COMMUNICATIONS, AND THE DIGITAL
ECONOMY

By virtue of appointment under section 64 of the Commonwealth Constitution, a Minister
has broad responsibilities related to the administration of his or her Department.

All Ministers in a portfolio, including a Parliamentary Secretary, are responsible for
administering the portfolio legislation and may exercise powers vested in 'the Minister' in
that legislation.

Legislation in the Broadband, Communications and the Digital Economy portfolio also
vests major decision making powers in portfolio agencies such as the Australian
Communications and Media Authority and non-portfolio agencies such as the Australian
Competition and Consumer Commission.

The following pages list portfolio legislation and provide summaries of major Acts.



Portfolio Legislation

AUSSAT Repeal Act 1991 

Australian Broadcasting Corporation Act 1983 

Australian Broadcasting COIporation (Transitional Provisions and Consequential 

Amendments) Act 1983 

Australian Communications and Media Authority Act 2005 

Australian Communications and Media Authority (Consequential and Transitional 

Provisions) Act 2005 

Australian Postal Corporation Act 1989 

Broadcasting Services Act 1992 

Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992 

Datacasting Charge (Imposition) Act 1998 

Datacasting Transmitter Licence Fees Act 2006 

Do Not Call Register Act 2006 

Interactive Gambling Act 2001 

National Transmission Network Sale Act 1998 

NRS Levy Imposition Act 1998 

Parliamentary Proceedings Broadcasting Act 1946 

Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 

Radiocommunications Act 1992 

Radiocommunications (Receiver Licence Tax) Act 1983 

Radiocommunications (Spectrum Licence Tax) Act 1997 

Radiocommunications Taxes Collection Act 1983 

Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992 

Radiocommunications (Transmitter Licence Tax) Act 1983 

Radio Licence Fees Act 1964 

Spam Act 2003 

Special Broadcasting Service Act 1991 


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  Telecommunications Act 1997
  Telecommunications and Postal Services (Transitional Provisions
  and Consequential Amendments) Act 1989
  Telecommunications (Carrier Licence Charges) Act 1997
  Telecommunications (Consumer Protection and Service Standards) Act 1999
  Telecommunications (Numbering Charges) Act 1997
  Telecommunications (Transitional Provisions and Consequential Amendments) Act 1997
  Telecommunications (Universal Service Levy) Act 1997
  Television Licence Fees Act 1964
  Telstra Corporation Act 1991
. Trade Practices Act 1974, Parts XIB and XIC

 General Legislation

Commonwealth Authorities and Companies Act 1997 

Financial Management and Accountability Act 1997 

Freedom ofInformation Act 1982 

Public Service Act 1999 


 Telecommunications Legislation

A USSAT Repeal Act 1991 

Australian Communications and Media Authority Act 2005 

Australian Communications and Media Authority (Consequential and Transitional 

Provisions) Act 2005 

NRS Levy Imposition Act 1998 

Postal and Telecommunications Commissions (Transitional Provisions) Act 1975 

Telecommunications Act 1997 

Telecommunications and Postal Services (Transitional Provisions and Consequential 

Amendments) Act 1989 

Telecommunications (Carrier Licence Charges) Act 1997 

Telecommunications (Consumer Protection and Service Standards) Act 1999 

Telecommunications (Numbering Charges) Act 1997 

Telecommunications (Transitional Provisions and 

Consequential Amendments) Act 1997 

Telecommunications (Universal Service Levy) Act 1997 

Telstra Corporation Act 1991 

Trade Practices Act 1974, Parts XIB and XIC 





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Australian Communications and Media Authority Act 2005

The Act establishes the Australian Communications and Media Authority, and sets out its
telecommunications, spectrum management, broadcasting, content and datacasting
regulatory functions. The Australian Communications and Media Authority was established
as a result of the merger of the former Australian Communications Authority and the
Australian Broadcasting Authority.

The members of the Australian Communications and Media Authority are appointed by the
Governor-General. The Minister may appoint associate members for particular inquiries,
investigations or hearings or inquiries, investigations or hearings of a particular type. The
Minister may also, on the advice of the Australian Communications and Media Authority,
assign a part-time member on a full-time basis to a particular investigation or hearing.

The Minister may give written directions to the Australian Communications and Media
Authority in relation to the perfonnance of its functions or the exercise of its powers.
However, such a direction can only be of a general nature if it relates to the Australian
Communications and Media AuthOlity's broadcasting, content and datacasting functions or
the Australian Communications and Media Authority'S powers relating to those functions
(section 14).

NRS Levy Imposition Act 1998

This Act imposes a levy on telecommunications carners to provide funding for the National
Relay Service, which provides a service to hearing and speech impaired people that is
comparable to the standard telephone service.

Telecommunications Act 1997

This Act, together with the Telecommunications (Consumer Protection and Service
Standards) Act 1999, establishes the regulatory framework for telecommunications.

The main object of these Acts, when read together with Parts XIB and XIC of the Trade
Practices Act 1974 (which deal with anti-competitive conduct in the telecommunications
industry and the telecommunications access regime), is to provide a regulatory framework
that promotes the long-term interests of end-users of carnage services or services supplied
by means of carnage services and the efficiency and international competitiveness of the
Australian telecommunications industry (see section 3).

Other objects of these Acts include:

• 	 ensuring that standard telephone services, payphones and other carnage services of
    social importance are reasonably accessible to all people in Australia on an equitable
    basis, wherever they reside or carryon business, are supplied as efficiently and
    economically as practicable and at performance standards that reasonably meet the
    social, industrial and commercial needs of the Australian community;

• 	 providing a framework under which a carnage service provider that provides digital data
    services ensures that digital data services are reasonably accessible to all people in
    Australia on an equitable basis, wherever they reside or carry on business;


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• 	 promoting the development of an Australian telecommunications industry that is
    efficient, competitive and responsive to the needs of the Australian community; and

• 	 providing appropriate community safeguards in relation to the telecommunications
    activities and to regulate adequately participants in sections of the Australian
    telecommunications industry.

Telecommunications (Consumer Protection and Service Standards) Act 1999

This Act consolidates telecommunications consumer protection measures. It establishes a
universal service regime, the main objective of which is to ensure that all people in
Australia, wherever they reside or carryon business, should have reasonable access, on an
equitable basis, to standard telephone services, payphones, prescribed caniage services and
digital data services.

The Act also imposes other obligations on telecommunications carriers and carriage service
providers relating to the National Relay Service, untimed local calls, the customer service
guarantee, the Telecommunications Industry Ombudsman scheme, emergency call services,
price control arrangements applying to Telstra and the regulation of telephone sex services.

Telecommunications (Carrier Licence Charges) Act 1997
Telecommunications (Numbering Charges) Act 1997
Telecommunications (Universal Service Levy) Act 1997

These Acts provide for the imposition of charges in the nature of taxes on licensees
(persons who hold a carrier licence under the Telecommunications Act), some carriage
service providers and applicants under the Telecommunications Act and the
Telecommunications (Consumer Protection and Service Standards) Act.

Telstra Corporation Act 1991

The Act allows the Commonwealth to sell its remaining equity interest in Telstra.

While the Commonwealth maintained an interest of more than 15 per cent of voting shares
in Telstra, the Act permitted the Minister to give directions to Telstra that are necessary in
the public interest, after consultations with the Board, except for directions about Telstra
charges and imposes special reporting obligations on Telstra. On the 85 per cent sale day,
when the Government's shareholding fell to 15 per cent or below, the directions power and
reporting obligations fell away. The 85 per cent sale day occurred in February 2007 when
the Government's residual shareholding in Telstra was transferred to the Future Fund.

Trade Practices Act 1974, Parts XIB and XIC

Part XIB of the Trade Practices Act 1974 sets up a special regime for regulating anti­
competitive conduct in the telecommunications industry. This regime applies in addition to
Part IV of that Act, which regulates restrictive trade practices in general.

Under Part XIB, as well as being able to seek injunctions to stop anti-competitive conduct
by a carrier or carriage service provider, the Australian Competition and Consumer


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Commission (ACCC) can issue a competition notice stating that a carrier or carriage
service provider has engaged in such conduct. Pecuniary penalties apply and damages can
be sought where anti-competitive conduct is engaged in while a competition notice is in
force. The ACCC can make an order exempting specified conduct from the scope of the
definition of anti-competitive conduct.

Part XIC of the Act sets out an access regime for the telecommunications industry, which
provides for the declaration of carriage services and related services by the ACCC. Once
declared, standard access obligations apply to carriers or carriage service providers
supplying those services, unless exempted.

The tenns and conditions of access on which access providers comply with the standard
access obligations are subject to commercial agreement, may be set out in an access
undertaking or be detennined by the ACCC in an arbitration. An access undertaking may
incorporate or adopt the model tenns and conditions set out in a telecommunications access
code. Access agreements reached commercially may be registered with the ACCC and
enforced as though they are a detennination made by the ACCC .

Portfolio Legislation - Radiocommunications

Radiocommunications Act 1992
Radiocommunications (Receiver Licence Tax) Act 1983
Radiocommunications (Spectrum Licence Tax) Act 1997
Radiocommunications Taxes Collection Act 1983
Radiocommunications (Transitional Provisions and Consequential Amendments) Act 1992
Radiocommunications (Transmitter Licence Tax) Act 1983

Radiocommunications Act 1992

This Act establishes a regime for managing use of the radiofrequency spectrum The general
objects of the Act include to:

• 	 maximise the overall public benefit from use of the spectrum;

• 	 be responsive to the needs of spectrum users;

• 	 encourage the use of efficient technologies so as to ensure a diversity of quality services;

• 	 provide an efficient, equitable and transparent system of charging for spectrum use; and

• 	 maximise opportunities for Australian communications industry in domestic and
    international markets.

Minister's powers 

Under the Act, the Minister's regulatory powers include: 


•   designating parts of the spectrum to be allocated by issuing spectrum licences;




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• 	 determining that it is in the public interest to not use a market-based system for
    re-issuing one or more spectrum licenses that support the provision of specified
    servIces;

• 	 determining a specified class of services for which re-issuing spectrum licences to the
    same licensees would be in the public interest;

• 	 designating parts of the spectrum to be subject to re-allocation, and the period within
    which re-allocation is to occur;

• 	 approving the compulsory resumption of spectrum; and

• 	 designating parts of the spectrum to be used primarily for broadcasting and/or restricted
    datacasting purposes.

Under the Act, the Minister is conferred with power to give written directions to the
ACMA in relation to the exercise of the ACMA's powers. For example, directing the
ACMA about:

• 	 specific aspects of the price-based systems used to allocate spectrum licences or
    particular transmitter licences,

• 	 specification of conditions in Channel A datacasting transmitter licences; and

• 	 matters to be dealt with in determinations about spectrum access charges.

In addition to the specific powers of direction under the Act, the Australian
Communications and Media Authority Act 2005 confers a broad power on the Minister to
give the ACMA specific or general written direction in relation to the ACMA's
performance of its spectrum management functions or the ACMA's exercise of its
spectrum management powers.

Radiocommunications (Receiver Licence Tax) Act 1983
Radiocommunications (Transmitter Licence Tax) Act 1983
Radiocommunications (Spectrum Licence Tax) Act 1997

These Acts impose taxes on the issue oflicences under the Radiocommunications Act 1992.
The amount of tax is the amount determined by the Australian Communications and Media
Authority. A determination is a legislative instrument and may relate to specified periods,
classes of licence, or classes of person.

Radiocommunications (Taxes Collection) Act 1983

This Act provides that taxes imposed by the Tax Acts listed above are payable by the
holder of the relevant licence. Tax is payable either on the issue of the licence (for licences
issued for 12 months or less) or by equal annual instalments (for longer term licences).
Unpaid taxes may be recovered as debts due to the Commonwealth.




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Other communications-related portfolio legislation

Australian Postal Corporation Act 1989
Do Not Call Register Act 2006
Do Not Call Register (Consequential Amendments) Act 2006
Interactive Gambling Act 2001
National Transmission Network Sale Act 1998
Spam Act 2003

Australian Postal Corporation Act 1989

The Act establishes and regulates the activities of the Australian Postal Corporation
(Australia Post).

Do Not Call Register Act 2006

This Act sets up a scheme to enable all persons, including individuals, businesses,
government and organisation who have an Australian telephone or fax number to opt out of
receiving unsolicited telemarketing calls and marketing faxes. The Act provides for the
establishment of a Do Not Call Register on which individuals, businesses, government and
organisations are able to register their telephone, mobile and fax numbers. If a telemarketer
calls a number on the Do Not Call Register or sends a marketing fax to a fax number on the
Do Not Call Register, they may be in breach of the Act, and may face penalties. The Act
provides for the Australian Communications and Media Authority to manage the Register,
or to outsource the management of the Register to a third party.

Interactive Gambling Act 2001

This Act regulates interactive gambling services. The Act:

• 	 creates the offences of providing an interactive gambling service to customers in
    Australia and providing an Australian-based interactive gambling service to customers
    in designated countries;

• 	 establishes a complaints-based scheme which enables Australians to make complaints
    about interactive gambling services on the internet which are available to Australians;
    and

• 	 prohibits the advertising of interactive gambling services in Australia.

Minister's powers

Under the Act the Minister powers include to:

• 	 declare that a foreign country is a 'designated country' to which Australian-based
    interactive gambling services calUlot be provided (see section 9A). The Minister can
    only make such a designation if the foreign country requests the Minister to do so and
    that country has a similar interactive gambling prohibition in place. No countries have
    been designated to date;



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• 	 detennine that a class of interactive gambling services is exempt from the main offence
    provisions in the Act (see section 10); and

• 	 give directions to the Australian Communications and Media Authority in relation to
    the making of industry standards applying to internet service providers in relation to
    interactive gambling (sections 44,45,46 and 47).

National Transmission Network Sale Act 1998

This Act facilitated the sale of the national transmission network and set in place a
regulatory framework for the post-sale provision of transmission services to national
broadcasting services, particular community radio broadcasting services, particular service
providers in remote areas, and other specified services. The Act has ongoing effect in that it
provides:

• 	 a regime for access to the national transmission network; and

• 	 control of the disposal of national transmission network assets.

Minister's powers

Under the Act, the Minister's powers include to:

• 	 specify 'declared remote areas' and specify 'emergency service organisations' for the
    purposes of the access regime in Part 3 of the Act (section 3);

• 	 specify a 'benchmark level' for the purposes of the access regime in Part 3 (subsection
    16(5));

• 	 approve the transfer of a national transmission network asset, and exempt specified
    national transmission network assets from the approval requirement (section 18); and

• 	 declare a person to be a 'declared successor' to national transmission network assets
    (section 22).

Spam Act 2003

This Act sets up a scheme for regulating the sending of commercial electronic messages.
The Act is aimed at reducing Australia as a source of spam, minimising spam for
Australian end-users and extending Australia's involvement in worldwide anti-spam
initiatives.

The main elements contained in the Act are:

• 	 a prohibition on sending unsolicited commercial electronic messages which have an
    Australian link. The penalty provision is aimed at messages which are sent from
    Australia or from overseas to Australia;




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• 	 a prohibition on sending commercial electronic messages which have an Australian link
    unless they include accurate information about the individual or organisation who
    authorised the sending of the message;

• 	 a prohibition on sending commercial electronic messages which have an Australian link
    unless they include a functional unsubscribe facility;

• 	 a prohibition on the supply, acquisition or use of address-harvesting software or a
    harvested-address list;

• 	 a civil sanctions regime - these prohibitions are civil penalty provisions, not criminal
    offences, and breach of a provision may attract a substantial monetary penalty; and

• 	 a tiered enforcement regime which provides for a range of enforcement measures to be
    initiated by the Australian Communications and Media Authority, depending upon the
    seriousness ofthe breach of a penalty provision. The enforcement measures available to
    the Australian Communications and Media Authority include a formal warning,
    acceptance of an enforceable undertaking, or the issuing of an infringement notice. The
    Australian Communications and Media Authority may also apply to the Federal Court
    for an injunction or may institute proceedings in the Federal Court for breach of a civil
    penalty provision. As well as ordering a person to pay a substantial monetary pen!llty,
    the Court may make an order to recover financial benefits that are attributable to the
    contravention ofthe civil penalty provision, or may order compensation to be paid to a
    victim who has suffered loss or damage as a result of the contravention.




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Broadcasting Legislation

Australian Broadcasting Corporation Act 1983
Australian Broadcasting Corporation (Transitional Provisions and Consequential
Amendments) Act 1983
Broadcasting Services Act 1992
Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992
Datacasting Charge (Imposition) Act 1998
Datacasting Transmitter Licence Fees Act 2006
Parliamentary Proceedings Broadcasting Act 1946
Radio Licence Fees Act 1964
Special Broadcasting Service Act 1991
Television Licence Fees Act 1964

Australian Broadcasting Corporation Act 1983

The Australian Broadcasting Corporation Act 1983 (the Act) is the current enabling
legislation for the Australian Broadcasting Corporation. Section 6 sets out the Australian
Broadcasting Corporation's statutory charter including providing broadcasting programs
that contribute to a sense of national identity and programs of an educational nature; and to
transmit outside Australia to encourage awareness of Australia. Section 8 sets out the duties
of the Board, which include to:

• 	 ensure that the functions of the Corporation are performed efficiently and with the
    maximum benefit to the people of Australia;

• 	 maintain the independence and integrity of the Corporation;

• 	 ensure that the gathering and presentation by the Corporation of news and information
    is accurate and impartial; and

• 	 ensure that the Corporation does not contravene, or fail to comply with relevant
    legislation.

The Minister may provide the Board with statements of Goverrunent policy which the
Board must consider where relevant it's the ABC's performance of its functions.

Under section 25, the Australian Broadcasting Corporation is empowered to do all things
necessary or convenient for the performance of its Charter functions. The Australian
Broadcasting Corporation also has specific powers to:

• 	 establish and maintain orchestras (section 28);

• 	 establish, or enter agreements with, subsidiary companies to conduct 'authorised
    businesses' that are incidental to any of its functions (section 25A); and

• 	 enter into hedging contracts with a view to limiting financial risks, such as those
    associated with foreign currency fluctuations (section 25B).



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The Australian Broadcasting Corporation holds a datacasting licence and is therefore able
to provide datacasting services (section 6A).

The Australian Broadcasting Corporation may not broadcast advertisements on its
broadcasting services provided within Australia, but is able to broadcast announcements in
relation to its own activities (section 31) and can broadcast ads on its international TV
service. The Australian Broadcasting Corporation is also required to have regard to services
provided by the commercial and community broadcasting sections of the broadcasting
industry and the Special Broadcasting Service Corporation (sections 6 and 26).

Minister's powers

Under the Act, the Minister has the power to:

• 	 give directions to the Australian Broadcasting Corporation about the disposal of interests
    in, or the termination of an agreement or arrangement with, a company carrying on an
    'authorised business ', where the company ceases to carry on an authorised business
    (section 25A);

• 	 set guidelines for Australian Broadcasting Corporation participation in financial futures
    or foreign currency hedging contracts (section 25B); and

• 	 give directions to the Australian Broadcasting Corporation to broadcast, free of charge, a
    particular matter which the Minister considers to be in the national interest (section 78).
    The Minister is not empowered under this Act to give the Corporation any other
    directions.

Broadcasting Services Act 1992

The Act regulates the delivery of radio and television programs (broadcasting services) and
the delivery of online services and other content services. The objects of the Act are
specified in section 3 and include to:

• 	 promote the availability of a diverse range of radio, television and datacasting services
    to audiences throughout Australia;

• 	 provide an appropriate level of regulation to facilitate efficient, responsive and
    competitive broadcasting and datacasting industries;

• 	 encourage diversity in the control of the more influential broadcasting services;

• 	 promote the role of broadcasting services in developing and reflecting a sense of
    Australian identity, character and cultural diversity;

• 	 encourage providers of commercial and community broadcasting services to be
    responsive to the need for a fair and accurate coverage of matters of public interest and
    for an appropriate coverage of matters of local significance;

• 	 encourage the means for addressing complaints about broadcasting services and certain
    internet content;


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• 	 restrict access, on the internet and convergent devices such as mobile telephones, to 

    certain content likely to cause offence to a reasonable adult; and 


• 	 protect children from exposure to unsuitable content on broadcasting services, the 

    internet and convergent devices . 


. The Australian Communications and Media Authority established by the Australian
  Communications and Media Authority Act 2005 is the statutory authority responsible for
  planning the parts of the spectrum known as the broadcasting services bands (as designated
  by the Minister under the Radiocommunications Act 1992). Under the Act the Australian
  Communications and Media Authority is also responsible for licensing broadcasting
  services (including services that do not use spectrum within the broadcasting services
  bands), setting licence conditions and program standards and administering cross-media
  control rules and other legislative requirements.

The Act provides for several different categories of broadcasting services, being national 

broadcasting, commercial broadcasting, subscription broadcasting, community 

broadcasting, open and subscription narrowcasting, and international broadcasting. The 

statement of regulatory policy in section 4 of the Act provides that it is Parliament's 

intention that different levels of regulatory control be applied to particular categories of 

licensed broadcasting services and datacasting and internet services according to their 

comparative degree of influence. 


The Act sets out the operating rules to facilitate the provision of digital television and
datacasting services by free to air broadcasters in addition to the traditional analogue
broadcasting services. A central feature of the digital television framework is the digital
television conversion scheme under which free to air broadcasters must convert their
terrestrial transmission networks to digital and simultaneously transmit their programs in
analogue and standard definition digital modes for the duration of the simulcast period.
Most television broadcasters have also chosen to provide additional digital-only
multichannels (in standard definition or high definition mode) as part of their broadcasting
service. Under the Act the simulcast periods will progressively end between now and 31
December 2013 through a process where the Minister (and, in remote areas, the ACMA)
will coordinate and detelmine the end dates for the simulcast period on a region by region
basis.

 Digital terrestrial television services are also supplemented by digital television services
 delivered via satellite. Three new commercial television broadcasting service licences will
 be allocated between now and 2012 under the recently enacted section 38C of the Act to
 address deficiencies in digital terrestrial television reception.

 The Australian Communications and Media Authority'S broadcasting services bands
 spectrum planning responsibilities must be carried out having regard to the objects of the
 Act and specified planning criteria. The Australian Communications and Media Authority
 is required to prepare:

 • 	 frequency allotment plans, which detetmine the number of channels available in each 

     area of Australia (section 25); and 




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• 	 licence area plans, which detennine the number and technical specifications of different
    categories of licensed broadcasting services in each area (section 26).

The Australian Communications and Media Authority is also responsible for the
detennination of price-based systems for the allocation of commercial television and radio
licences that are broadcasting services band licences (section 36). Licensing of commercial
radio and television services that do not use the broadcasting services bands is also the
Australian Communications and Media Authority's responsibility, but is subject to
Ministerial supervision regarding whether proposed services are in the public interest
(section 40).

There are restrictions on the control (including ownership) of commercial radio and
television services, and associated newspapers (including cross-media diversity and
audience reach rules). There are also specific rules about the provision oflocally significant
content in particular regional commercial radio and television markets. A range of
programming related rules apply to different categories of broadcasting service (e.g.
Australian content and children's television standards in respect of commercial licensees,
sponsorship rules for community licensees and anti-siphoning rules for subscription
television licensees).

The Act also provides for national, commercial, and community digital radio broadcasting
services in metropolitan licence areas. There is also scope for digital radio services to be
provided in a regional licence area, subject to the Minister specifying a commencement
date and ACMA subsequently declaring a digital radio start up day for that licence area ..
Digital radio is not currently intended as a replacement for analogue radio services. The
delivery of commercial digital radio services is currently restricted to incumbent licensees
unless the incumbent licensee ceases to provide a digital radio service in accordance with
the Act. Generally, however, the moratorium on new commercial digital radio broadcasting
services ends in 2015. Consequentially there are special digital radio transmission
arrangements provided for under the Radiocommunications Act.

Minister's regulatory powers

Under the Act, the Minister's regulatory powers include to:

• 	 detennine that a service, or a class of services, is not a 'broadcasting service' (section
    6);

• 	 specify that certain subscription broadcasting services, or subscription or open
    narrowcasting services provided by the ABC or the SBS are not to fonn part of the
    'national broadcasting serVices', and are thus subject to regulation under the Act
    (section 13);

• 	 notify the Australian Communications and Media Authority to reserve capacity in the
    broadcasting services bands for the provision of national and community broadcasting
    services (section 31);

• 	 direct the ACMA about particular aspects of the process for allocating commercial
    broadcasting licences (sections 36 and 38C);



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• 	 detennine whether the issue of a commercial television broadcasting licence for the use
    of spectrum outside the broadcasting services bands is contrary to the public interest
    (section 40);

• 	 determine which events should be made available to the general public on free-to-air
    television, known as the anti-siphoning list (section lIS);

• 	 declare that the live coverage of a specified event or series of events is to be subject to
    anti-hoarding rules that apply to free-to-air television broadcasters (section 146C);

• 	 direct the ACMA to determine technical standards about reception equipment used for
    satellite television (section 130BB);

• 	 remit additional penalty fees for unpaid commercial television or radio licence fees
    (section 20S0);

• 	 determine that a specified person who re-transmits programs is a 'declared self-help
    provider' or an 'excluded provider' (section 212B);

• 	 form consultative or advisory bodies to assist the Minister in the administration of the
    Act (section 216);

• 	 require a commercial television, commercial radio or community broadcaster to
    broadcast specified items of national interest (clauses 7,8 and 9 of Schedule 2);

• 	 require a commercial television, commercial radio, community or subscription
    television broadcaster to relinquish control over their broadcasting facilities in an
    emergency (clauses 7, 8, 9 and 10 of Schedule 2);

• 	 grant a limited exemption to the licensee of a commercial television broadcasting
    service under section 38C from a particular statutory licence condition (clause 7C of
    Schedule 2);

• 	 determine the date on which the simulcast period ends in regional or metropolitan
    television licence areas (clause 6A of Schedule 4);

• 	 determine the date on which a local market area wholly within a licence area becomes a
    digital-only local market area before the end of the simulcast period for that licence
    area (clause SF of Schedule 4);

• 	 approve Australian Broadcasting Corporation/Special Broadcasting Service
    implementation plans or variations to such plans relating to digital conversion (clause
    20 of Schedule 4);

• 	 approve the national television digital conversion scheme or a variation of the scheme
    (clause 32 of Schedule 4);

• 	 formulate or vary a regional equalisation plan (clause 64 of Schedule 4);



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• 	 declare that a specified person who supplies, or proposes to supply, a specified internet
    carriage service is an 'internet service provider' for the purposes of Schedule 5 (clause
    8 of Schedule 5);

• 	 determine that a specified kind of content service supplied by an internet carriage
    service provider to end-users is a 'designated content service', which makes the internet
    carriage service one that is 'supplied to the public' (clause 9 of Schedule 5);

• 	 require the Classification Board to reclassify particular internet content
    (clause 28 of Schedule 7);

• 	 apply for review of the classification of particular internet content
    (clause 30 of Schedule 7);

• 	 declare that a specified body or association is the 'designated body' for the purposes of
    Part 5 of Schedule 5 which must be consulted in the development of industry codes and
    industry standards under that Part (clause 58 of Schedule 5);

• 	 exempt a specified internet service provider or specified internet content host from a
    specified online provider determination, which sets out rules that apply to internet
    service providers in relation to the supply of internet carriage services
    (clause 81 of Schedule 5); and

• 	 modify the operation of State or Territory law, or the common law, in relation to
    internet service providers or internet content hosts (clause 91 of Schedule 5).

Datacasting Charge (Imposition) Act 1998

This Act provides for the imposition of a charge in relation to the provision of datacasting
services (using residual transmission capacity on channels allocated for digital conversion)
by commercial and national free to air television broadcasters.

Under section 14 of the Australian Communications and Media Authority Act 2005, the
Minister may give the Australian Communications and Media Authority directions of a
general nature in relation to the setting of the charge.

Datacasting Transmitter Licence Fees Act 2006

This Act provides for the imposi tion of annual licence fees, by way of taxes, on channel A
datacasting transmitter licence holders, based on revenue received by the licensee.




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                                IN-CONFIDENCE 

Parliamentary Proceedings Broadcasting Act 1946

The Act obliges the Australian Broadcasting Corporation to provide radio broadcasts of
proceedings of the House of Representati ves, Senate and joint sittings in the state capital
cities, Newcastle and Canberra. The televising ofjoint sittings is also provided for in the
Act.

A Joint Committee on the Broadcasting of Parliamentary Proceedings is required under the
Act to determine the scheduling of the radio broadcasts of proceedings. The power to
determine the conditions upon which Parliamentary proceedings are re-broadcast rests with
the Joint Committee. This power extends to determining conditions for the televising of
joint sittings.

The Act provides immunity from defamation proceedings in respect of the radio
broadcasting and re-broadcasting of Parliamentary proceedings.

Radio Licence Fees Act 1964
Television Licence Fees Act 1964

These Acts provide for the imposition of arumal licence fees, by way of taxes, on
commercial radio broadcasting licences and commercial television broadcasting licences,
based on revenue received by the licensee. Rebates of licence fees can be provided for by
Regulations made by the Governor-General.

Special Broadcasting Service Act 1991

The Special Broadcasting Service Act 1991 (the Act) is the enabling legislation for the
Special Broadcasting Service. Under section 6 of the Act, the Special Broadcasting Service
has a statutory Charter which sets out its functions. The principal Charter function of the
Special Broadcasting Service is to provide multilingual and multicultural radio and
television services that infonn, educate and entertain all Australians. The Charter also lists
specific duties imposed on the Special Broadcasting Service that detail how this principal
function is to be carried out.

The Special Broadcasting Service holds a datacasting licence and is therefore able to
provide datacasting services (section 6A).

The Act establishes the Board of the Special Broadcasting Service (section 7). The Board
consists of between four and eight non-executive directors, who are appointed by the
Governor-General, and a Managing Director, who is appointed by the Board. The role and
duties of the Board (sections 9 and 10) include:

• 	 maintaining the independence and integrity of the Special Broadcasting Service;

• 	 responsibility for ensuring that the Special Broadcasting Service performs its functions
    in a proper, efficient and economical manner;

• 	 ensuring the accurate and balanced presentation of news and current affairs; and




                               GIN CONFIDENCE 

                               .IN-CONFIDENCE 

• 	 co-operating with the Australian Broadcasting Corporation with a view to maximising
    the efficiency of the publicly funded broadcasting sector.

Under section 44 of the Act, the Special Broadcasting Service is empowered to do all
things necessary or convenient for the performance of its Charter functions. The Special
Broadcasting Service also has specific powers under sections 52 and 65 to:

• 	 establish, or enter agreements with, subsidiary companies to conduct 'authorised
    businesses ' that are incidental to any of its functions; and

• 	 enter into hedging contracts with a view to limiting financial risks, such as those
    associated with foreign currency fluctuations .

The Special Broadcasting Service may carry advertisements or sponsorship announcements
for up to five minutes in any hour and during natural program breaks (section 45).

The SBS is subject to General Policy Orders made by the Finance Minister under the
Commonwealth Authorities and Companies Act (CAC Act) provided those Orders do not
relate to the content or scheduling of radio or TV programs.

Minister's powers

Under the Act, the Minister's powers include to:

• 	 give to the Board, after consultation with it, written directions relating to the
    performance of Special Broadcasting Service functions, as the Minister considers
    necessary in the public interest but only in respect of relevant matters or circumstances
    that are prescribed in regulations (section 11). Such directions may not relate to the
    content and scheduling of programs to be broadcast;

• 	 give directions to the Special Broadcasting Service to broadcast, free of charge and in
    the languages specified, a particular matter which the Minister considers to be in the
    national interest (section 12);

• 	 appoint a non-executive Director to act as Deputy Chairperson and to appoint an acting
    non-executive Director (section 24);

• 	 give directions to the Special Broadcasting Service about the disposal of interests in a
    company carrying on an 'authorised business', where the company ceases to carryon an
    authorised business (section 52); and

• 	 set guidelines for Special Broadcasting Service participation in financial futures or
    foreign currency hedging contracts (section 65).




                              LIN-CONFIDENCE 

                              -=IN-CONFIDENCE 

General legislation under which the Minister exercises powers

Commonwealth Authorities and Companies Act 1997
Financial Management and Accountability Act 1997
Freedom ofInformation Act 1982
Public Service Act 1999

Commonwealth Authorities and Companies Act 1997

The Act regulates certain aspects of the affairs of Commonwealth authorities and
Commonwealth companies. It specifies reporting and accountability requirements for
Commonwealth authorities as well as regulating matters such as banking, investment, the
conduct of officers and compliance with government procurement requirements. For
Commonwealth companies, the Act prescribes reporting and other requirements that apply
in addition to the requirements of the Corporations Act 2001. The Act gives powers to, and
imposes responsibilities on, Ministers in respect of authorities and companies within their
portfolio. These powers relate to:

• 	 the preparation and tabling of annual and other reports;

• 	 the preparation of Budget estimates and corporate plans;

• 	 reporting of specific events;

• 	 the making of declarations and class orders allowing members of Commonwealth
    authorities with a material personal interest in a matter to be present and/or vote at a
    meeting at which the matter is to be considered;

• 	 infonning Parliament of Commonwealth share acquisitions or other Commonwealth
    activities involving companies.

Financial Management and Accountability Act 1997

The main purpose of this Act is to establish a framework for the proper management of
public money and public property (i.e. money or property that is owned or held by the
Commonwealth). The Act contains rules about how public money and property are to be
dealt with. Many of the detailed rules are in Finance Minister's Orders made under section
63 and regulations made under section 65.

The Act applies to Ministers, Departments and certain Agencies prescribed in regulations
under the Act, including the Australian Communications and Media Authority.

Part 4 of the Act establishes an accounting framework for public money that involves the
Consolidated Revenue Fund. It sets out rules relating to Special Accounts, appropriations,
act of grace payments and waiver of debts.

Part 7 of the Act provides special responsibilities that apply to Chief Executives of
Agencies. The rules deal generally with the control and management of public money and
public property for which Chief Executives have a management responsibility.



                                    IN-CONFIDENCE 

                                IN-CONFIDENCE 

The Act also deals with the preparation and audit of financial statements, including those of
Agencies.

Freedom ofInformation Act 1982

The Act gives any member of the public a general and legally enforceable right of access to
information held by a Minister, a Department and a prescribed authority, subject to certain
exemptions. The Act provides for statutory timeframes to which Commonwealth officers
must comply when processing requests for access. The Act also provides for review rights
in certain circumstances.

Under the Act, the Minister has the power to make his or her own decisions regarding
access to the 'official documents of a Minister' (see section 4).

Reforms to the FOI regime were recently enacted by the Parliament to promote a pro­
disclosure culture across the Government and to build a stronger foundation for more
openness in government.

The majority of the reforms which involve, among other things, the establishment of an
Office of the Australian Information Commissioner commence on 1 November 2010. The
Information Commissioner will have overall responsibility for FOI and Privacy and will be
supported by the new FOI Commissioner and the existing Privacy Commissioner.

The reforms also introduce a new publication scheme which commences on 1 May 2011.
The scheme is intended to focus agencies to proactively release as much information as
possible. Some of the classes of information that will be required to be published include
details of statutory appointments, information to which an agency routinely gives access
following FOI requests or which is routinely provided to the Parliament, and operational
information about an agency's functions or powers in making decisions affecting members
of the public. In addition, agencies will be required to publish information within 10
working days of giving access where access is given under Part III of the FOI Act.

Public Service Act 1999

The Act establishes and regulates management of the Australian Public Service. The Act:
   • 	 establishes an apolitical public service that is efficient and effective in serving the
       Government, the Parliament and the Australian public;

    • 	 provides a legal framework for the effective and fair employment, management and
        leadership of Australian Public Service employees;

    • 	 defines the powers, functions and responsibilities of Agency Heads, the Public
        Service Commissioner and the Merit Protection Commissioner; and

    • 	 establishes rights and obligations of Australian Public Service employees.




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The Secretary of a Department, under the Minister who administers the Department (the
Agency Minister), is responsible for managing the Department and must advise the Agency
Minister in matters relating to the Department. The Secretary of a Department must assist
the Agency Minister to fulfil the Agency Minister's accountability obligations to the
Parliament to provide factual information, as required by the Parliament, in relation to the
operation and administration of the Department (section 57).

After the end of each financial year, the Secretary of a Department must give a report to the
Agency Minister, for presentation to the Parliament, on the Department's or Agency's
activities during the year (sections 63 and 70).




Clearing Officer                                                            Contact Officer
Trudi Bean                                                                    Shane Redfern
Senior Executive Lawyer                                           Manager Legal Practice Unit
Legal Services                                                                Legal Services
Ph: 02 6271 1929                                                           Ph: 026271 1076
Mob: 0412 428 656                                                        Mob: 0423 345 283
Date: 9 August 2010
                                IN CONFIDENCE
                         ~   IN-CONFIDENCE
           DEPARTMENT OF BROADBAND, COMMUNICATIONS 

                   AND THE DIGITAL ECONOMY 

               PORTFOLIO BODIES KEY CONTACTS LIST 

                      UPDATED AUGUST 2010 



                Australian Broadcasting Corporation (ABC)
Chairman: 
                     Mr Maurice Newman AC
Telephone: 
                   (                 )          5.41
Fax: 
                          (02) 8333 2967

Managing Director: 
            Mr Mark Scott
Telephone: 
                   (                     )      5.41
Fax direct to MD: 
             (                    )      5.41
Email: 
                        Scott.mark@abc.net.au

Chief Operating Officer: 
      Mr David Pendleton
Telephone: 
                    (                )          5.41
Fax: 
                          (                )          5.41

Director Communications: 
      Mr Michael Millet
Telephone: 
                    (                )          5.41
Fax: 
                          t                )          5.41

Head Office Address:            GPO Box 9994
                                SYDNEY NSW 2001

                                ABC Ultimo Centre
                                700 Harris Street
                                ULTIMO NSW 2007

Website:                        www.abc.net.au




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                              IN-CONFIDENCE
        DEPARTMENT OF BROADBAND, COMMUNICATIONS 

                AND THE DIGITAL ECONOMY 

               PORTFOLIO BODIES KEY CONTACTS LIST 

                      UPDATED AUGUST 2010 




                        Special Broadcasting Service (SBS)
Chairman: 
                       Mr Joseph Skrzynski AO
Telephone: 
                      (               )                  5.41
Fax: 
                            (              )                   5.41

Managing Director: 
              Mr Shaun Brown
Telephone: 
                     (                )                  5.41
Fax direct to MD: 
              (                )                  5.41
Email: 
                         (                           )       5.41

Director Strategy & 

Communications: 
                 Mr Bruce Meagher
Telephone: 
                      (                   )              5.41
Fax: 
                            (                   )              5.41
Email: 
                          (                              )   5.41

Head Office Address:              Locked Bag 028
                                  CROWS NEST NSW 1585

                                  14 Herbert Street
                                  ART ARMON NSW 2064

Website :                         www.sbs.com.au



                                  Australia Post
Chair: 
                          Mr David Mortimer AO
Telephone: 
                      (                   )              5.41

Managing Director and CEO: 
 Mr Ahmed Fahour
Telephone: 
                 (            )                          5.41
Fax: 
                       (            )                          5.41
Email: 
                     \                               )       5.41

Corporate Secretary: 
            Mr Paul Burke
                                                                     5.41
Telephone: 
                      (                )
Fax: 
                            l                )                 5.41

Head Office Address:              GPO Box 1777
                                  MELBOURNE VIC 3001

Website:                          www.auspost.com .au


                              IN-CONFIDENCE 

                        cIN CONFIDENCE
        DEPARTMENT OF BROADBAND, COMMUNICATIONS 

                AND THE DIGITAL ECONOMY 

              PORTFOLIO BODIES KEY CONTACTS LIST 

                     UPDATED AUGUST 2010 




           Australian Communications and Media Authority (ACMAJ
Chairman & Chief Executive
Officer: 
                    Mr Chris Chapman
Telephone: 
                  (02) 9334 7900
Fax: 
                        (02) 9334 7799
Email: 
                      (                       )           5.41

Deputy Chair: 
              Mr Chris Cheah (A/g)
Telephone: 
                (.                )                   5.41
Fax: 
                       (                )                   5.41

Head Office Address:         PO Box 0500,
                             Oueen Victoria Building
                             SYDNEY NSW 1230

                             Level 15, Tower 1
                             Darling Park,
                             201 Sussex Street
                             SYDNEY NSW 2000

Canberra Address:            PO Box 78
                             BELCONNEN ACT 2617

                             Level 5, Purple Building
                             Benjamin Offices
                             Chan Street
                             BELCONNEN ACT 2617

Melbourne Address:           PO Box 13112
                             Law Courts
                             MELBOURNE VIC 8010

                             The Tower
                             Level 44, 360 Elizabeth Street
                             MELBOURNE VIC 3000

Website:                     www.acma.gov.au




                         IN CONFIDENCE 

                           / IN-CONFIDENCE
        DEPARTMENT OF BROADBAND, COMMUNICATIONS 

                AND THE DIGITAL ECONOMY 

              PORTFOLIO BODIES KEY CONTACTS LIST 

                     UPDATED AUGUST 2010 




                             NBN Co Umited

Chairman:                     Mr Harrison Young
Telephone:                    (                   )                     s.41
Fax:                          (                  )                      s.41
Email: 	                     (                                      )   s.41

Chief Executive Officer:         Mr Mike Quigley 

Telephone:                    l                  )
                     s.41
Fax:                         (                   )
                     s.41
Email:                        (                                )
       s.41

Chief Human Resources 

Officer & Head of Corporate 

Services:                     Mr Kevin Brown 

Telephone:                    (
                                        s.41

Government Liaison:              Mr Ian McAuley 

Telephone:                   (                        )
                s.41

Chairman's Address: 	            Level 40-41
                                 360 Elizabeth Street
                                 MELBOURNE VIC 3000

Head Office Address: 	           Level 11, 100 Arthur Street
                                 NTH SYDNEY NSW 2060

Canberra Address: 	              Unit 2, 16 National Circuit
                                 BARTON ACT 2600

Website: 	                       www.nbnco .com .au




                           ....N-CONFIDENCE 

                                               IN-CONFIDENCE
         DEPARTMENT OF BROADBAND, COMMUNICATIONS 

                 AND THE DIGITAL ECONOMY 


                                 INDUSTRY KEY CONTACTS LIST 

                                     UPDATED AUGUST 2010 


This document contains contact details for the following :



Australian Communication Consumer Action Network (ACCAN) .. .... ...... ...... .. .. ..... .... .2 


Australian Competition and Consumer Commission (ACCC) ............. .. ......... ...... ....... 2 


Australian Digital Television Industry Association ........ .. ... .... ..... .... .... .. ... ......... ... ...... .. 3 


Australian Information Industry Association (AliA) ..... .. ........ ..... ... ......... ... ...... .... .. .. ..... 3 


Australian Interactive Multimedia Industry Association (AIMIA) .... ......... .. ........... .. ...... 3 


Australian Mobile Telecommunications Association (AMTA) .... ... .... ........ .. ........ .. ..... ..4 


Australian Subscription Television and Radio Association (ASTRA) .... .. ... .... ... ... .......4 


Australian Telecommunications Users Group Limited (ATUG) .... .. ... ... .... ... ... ..... .. ... ...4 


Broadcast Australia .. .. ........ .. ... ... .. ..... ..... .... .. ........ .. ...... .. .... ... ... ..... ... .. ..... ..... .... ...... .... 5 


Commercial Radio Australia .. ... .. ...... .. ...... .. .. .. .... ..... .... ........ ... ...... ...... ......... .. .. ........ .. .5 


Communications Alliance ..... ... ...... ....... .. ...... ..... ..... ............ ..... ........ ... ......... .... .. ..... .... 5 


Community Broadcasting Foundation (CBF) .. .. .......... .. .. .. .. .... ........... .... ................ .. .. .6 


Competitive Carriers Coalition .. ................ ..... .... .. ... ..... ... ...... .. ...... ..... .... ......... .... ........6 


Foxtel .. ............. .. ....... .... ......... ........ ....... ........ .... ........ ... ... ......... .......... .... ...... ... ... ........6 


Free TV Australia .. ..... .. ... .. ..... ..... ..... .. .......... ... ..... ... ..... ... ...... ... .... .. ..... .............. ... ...... 7 


Internet Industry Association .... ....... .. ....... .. ......... ........ .. .... ... ..... ......... .... ......... .... .... .. .7 


National ICT Australia .. ...... .. .... .. ... .......... .. ...... ... ...... .. .... ... ... ..... .. .. ..... ... ...... .. ...... .. ..... 7 


Optus ........ .... ..... ..... .......... .... ........ ........... .. .......... ........... ...... ......... ........ ..... ....... .... .... 8 


Regional Broadcasting Australia ................ ... ...... .. ............ ... ......... ... ........... ......... ..... .8 


Telecommunications Industry Ombudsman (TIO) .. ........ .. .. .. ....... .. ...... .. ....... .. ...... .... .. 8 


Telstra Corporation Limited .. .. ... .. ........... .. ... .... ........ ..... .. .... .... ... ....... .. ...... ... ... ... .... .. ... 9 


Vodafone Hutchison Australia Pty Ltd .... .. ...... .. .... .......... ...... .... ...... ...... ... .. .... .... ... .. .. .. 9 





                                            IN-CONFIDENCE 

                     /IN CONFIDENCE
    DEPARTMENT OF BROADBAND, COMMUNICATIONS 

            AND THE DIGITAL ECONOMY 


                 INDUSTRY KEY CONTACTS LIST 

                     UPDATED AUGUST 2010 




    Australian Communication Consumer Action Network (ACCAN)
Chief Executive Officer:  Mr Allan Asher (until end Aug 2010)

Chief Executive Officer:   Ms Theresa Corbin (acting from Sept 2010)

Telephone:                 (                                               s.41
Fax:                       (02) 9288 4019

Address:                   Suite 4.02, 55 Mountain Street
                           ULTIMO NSW 2007

Website:                   www.accan.org.au


      Australian Competition and Consumer Commission (ACCC)
Chairman:                   Mr Graeme Samuel AO
Telephone:                  (             )                                s.41


Address:                   23 Marcus Clarke Street
                           CANBERRA ACT 2601

Chief Executive Officer:   Mr Brian Cassidy
Telephone:                 (02) 6243 1124

Telephone:                 (03) 9290 1800 (Melbourne switch)
Fax:                       (03) 9290 1901 (Switch fax)

Address:                   GPO Box 520
                           MELBOURNE VIC 3001

                           Level 35, The Tower
                           360 Elizabeth Street
                           Melbourne Central
                           MELBOURNE VIC 3000

Website:                   www.accc.gov.au




                                                                       2
                      =IN-CONFIDENCE
                       DIN-CONFIDENCE
    DEPARTMENT OF BROADBAND, COMMUNICATIONS 

            AND THE DIGITAL ECONOMY 


                  INDUSTRY KEY CONTACTS LIST 

                      UPDATED AUGUST 2010 



             Australian Digital Television Industry Association
Secretary:                     Dominic Schipano

Telephone:                    (                   )                       5.41

Address:                       PO Box 298
                               CARLTON STH VIC 3053

                               Suite 3/ 139 Queensberry Street
                               CARLTON STH VIC 3053

Website:                       www.adtia.asn.au


             Australian Information Industry Association (AliA)
Chair:                            Mr John Grant

Chief Executive Officer:          Mr Ian Birks

Telephone:                     (02) 6281 9444
Fax:                           (02) 6285 1408

Address:                          PO Box 246
                                  DEAKI N WEST ACT 2600

Website:                          www.aiia.com.au


     Australian Interactive Multimedia Industry Association (AiMIA)
Chief Executive Officer:     Mr John Butterworth

Telephone:                        (02) 9248 7900 (switch)
Fax:                              (02) 6248 7950

Address:                          Level 2, 295-301 Pitt Street
                                  SYDNEY NSW 2000

Website:                          www.aimia.com .au




                                                                      3
                       IN CONFIDENCE
                       IN-CONFIDENCE
    DEPARTMENT OF BROADBAND, COMMUNICATIONS 

            AND THE DIGITAL ECONOMY 


                 INDUSTRY KEY CONTACTS LIST 

                     UPDATED AUGUST 2010 


      Australian Mobile Telecommunications Association (AMTA)
Chief Executive Officer:    Mr Chris Althaus

Telephone:                  (02) 6239 6555
Fax:                        (02) 6239 6577

Address:                    PO Box 4309
                            MANUKA ACT 2603

                            1ST Floor, 36 Murray Crescent
                            GRIFFITH ACT 2603

Website:                    www.amta.org.au


  Australian SubSCription Television and Radio Association (ASTRA)
Chairman:                   Mr Steve Bracks

Chief Executive Officer:    Petra Buchanan

Telephone:                  (02) 9776 2684
Fax:                        (02) 9776 2683

Address:                    55 Pyrmont Bridge Road
                            PYRMONT NSW 2009

Website:                    www.astra.org.au


      Australian Telecommunications Users Group limited (ATUG)
Chairman:                   Mr David Swift

Managing Director:          Ms Rosemary Sinclair

Telephone:                  (02) 9495 8999 (switch)
Fax:                        (02) 9419 3889

Address:                    Suite 506, Level 5 815 Pacific Highway
                            CHATSWOOD NSW 2067

Website:                    www.atug.com.au



                     ~IN   CONFIDENCE                                4
                      =IN-CONFIDENCE
    DEPARTMENT OF BROADBAND, COMMUNICATIONS 

            AND THE DIGITAL ECONOMY 


                INDUSTRY KEY CONTACTS LIST 

                    UPDATED AUGUST 2010 



                             Broadcast Australia
Managing Director:              Mr Graeme Barclay

Telephone:                     (                    )               s.41
Fax:                           (                    )               s.41

Address:                        Level 10, 799 Pacific Highway
                                CHATSWOOD NSW 2067

Website:                        www.broadcastaustralia.com.au


                      Commercial Radio Australia
Chair:                          Cath O'Connor

Chief Executive Officer:           Joan Warner

Telephone:                      (02) 9281 6577
Fax:                            (02) 9281 6599

Address:                           Level 5, 88 Foveaux Street
                                   SURRY HILLS NSW 2010

Website:                        www.commercialradio.com.au


                           Communications Alliance
Chairman:                          Michael Lee

Chief Executive Officer:           John Stanton

Telephone:                     (                    )               s.41
Fax:                               (02) 9954 6136

Address:                           PO Box 444
                                   MILSONS POINT NSW 1565

                                   Level 9,32 Walker Street
                                   NORTH SYDNEY NSW 2060

Website:                           www.commsalliance.com.au


                                                                5
                      IN CONFIDENCE
                        IN-CONFIDENCE
    DEPARTMENT OF BROADBAND, COMMUNICATIONS 

            AND THE DIGITAL ECONOMY 


                INDUSTRY KEY CONTACTS LIST 

                    UPDATED AUGUST 2010 



              Community Broadcasting Foundation (CBF)
President:                    Mr John Martin

Telephone:                    (03) 9419 8055
Fax:                          (03) 9419 8352

Address:                      PO Box 1354
                              COLLINGWOOD VIC 3066

                              Ground floor, 144 George Street
                              FITZROY VIC 3065

Website:                      www.cbf.com.au


                      Competitive Carriers Coalition
Executive Director:           David Forman

Telephone:                                     ~438 121 114         5.41

Address:                      1/50 Leicha rdt Street
                              GRIFFITH ACT 2603

Website:                      www.ccc.asn.au


                                     Foxtel
Chair:                        Mr Bruce Akhurst

Chief Executive Officer:      Mr Kim Williams

Telephone:                    (02) 98136000 (switch)
                                                                    5.41
Fax:                         (   .              )
Address:                      5 Thomas Holt Drive
                              I\IORTH RYDE NSW 2113

Website:                      www.foxtel.com.au




                                                                6
                      IN CONFIDENCE
                       IN-CONFIDENCE
    DEPARTMENT OF BROADBAND, COMMUNICATIONS 

            AND THE DIGITAL ECONOMY 


                   INDUSTRY KEY CONTACTS LIST 

                       UPDATED AUGUST 2010 



                             Free TV Australia
Chairman:                     Mr Wayne Goss

Chief Executive Officer:      Julie Flynn

Telephone:                    (02) 8968 7100
Fax:                          (02) 9969 3520

Address:                      1sl floor, 44 Avenue Road
                              MOSMAN NSW 2088
Website:                      www.freetv.com.au


                      Intemet Industry Association
Chairman:                     Mr Bruce Linn

Chief Executive:              Mr Peter Coroneos

Telephone:                    (02) 6232 6900
Fax:                          (02) 6232 6513

Address:                      PO Box 3986
                              MANUAK ACT 2603

                              Unit 3, 20 Bouganville Street
                              MANUKA ACT 2603

Website:                      www.iia.net.au

                           National lCT Australia
Chairman:                      Neville Stevens AO

Chief Executive Officer:       Dr David Skellern

Telephone:                     (02) 9376 2000
Fax:                           (02) 9376 2300

Address:                      Australian Technology Park
                              Level 5, 13 Garden Street
                              EVELEIGH NSW 2015

Website :                      www.nicta.com.au
                                                              7
                      -IN-CONFIDENCE
                         IN CONFIDENCE
    DEPARTMENT OF BROADBAND, COMMUNICATIONS 

            AND THE DIGITAL ECONOMY 


                 INDUSTRY KEY CONTACTS LIST 

                     UPDATED AUGUST 2010 




                                     Optus
Chief Executive Officer:         Mr Paul O'Sullivan

Telephone:                     (02) 9342 7800 (switch)
Fax:                          .(02) 9342 7100

Address:                         Optus Centre
                                 1 Lyon Park Road
                                 MACQUARIE PARK NSW 2113

Website:                         WWW.optus.net.au


                      Regional Broadcasting Australia
Managing Director:               Alan Butorac

Telephone:                   (                                      5.41

Contact:                         ABDEN Partners Pty Ltd
                                 Media & Business Consultants
                                 abden@abden.com.au

Website:                         www.abden.com.au


             Telecommunications Industry Ombudsman (TIO)
Ombudsman:                       Simon Cohen

Chair of the Board:              John Rohan

Chair of the Council:            Virginia Hickey

Telephone:                       (03) 8600 8700 (switch)
Fax:                             (03) 8600 8797

Address:                         PO Box 276
                                 COLLINS ST WEST VIC 8007

                                 Level 3, 595 Collins Street
                                 MELBOURNE VIC 3000

Website :                        www.tio.com.au
                                                                8
                      "· IN-CONFIDENCE
                        IN-CONFIDENCE
    DEPARTlVIENT OF BROADBAND, COMMUNICATIONS 

              AND THE DIGITAL ECONOMY 


                 INDUSTRY KEY CONTACTS LIST 

                     UPDATED AUGUST 2010 




                        Telstra Corporation Limited
Chairman:                     Catherine B Livingstone AO
Telephone:                    (                )                    5.41

Chief Executive Officer:      Mr David Thodey

Melbourne Telephone:          (                                     5.41
Melbourne Fax:                (                                     5.41

Address:                      Locked Bag 5639
                              MELBOURNE VIC 3001

                              Level 41, 242 Exhibition Street
                              IVIELBOURNE VIC 3000

Website:                      www.telstra.com.au


                 Vodafone Hutchison Australia Pty Ltd
Chief Executive Officer:      Nigel Dews

Telephone:                    (              )                      5.41
Fax:                          (               )                     5.41

Address:                      Level 1 , Citadel Tower B
                              CHATSWOOD NSW 2067

Website:                      www.vodafone.com.au




                                                                9
                    C   IN-CONFIDENCE
                              Australian Government
                          Department of Broadband, 

                     Communications and the Digital Economy 





    Portfolio department 

   support arrangements 

             Ministerial Support Handbook


                                   August 2010




Important infonnation for incoming Ministers/Parliamentary Secretaries and their
staff regarding home department administrative support.
Senior Ministerial Support Contacts 


       Richard Oliver
       First Assistant Secretary
       Corporate and Business

       (02) 6271 1608 / 0419 163 643




       Liz O'Shea
       Assistant Secretary
       Parliamentary, Governance and Coordination

       (02) 6271 1821 / 0439 604 027




                                                         8.41




       Lee Di Berardino
        Assistant Secretary
        IT and Support Services

        (02) 6271 1221 / 0402 943 222



        Karen McCormick
        Assistant Secretary
        Communication and Media

        (02) 6271 1460 / 0412581 259




                                                    2

             Portfolio Department Support 

Section 1: Introduction to Portfolio Department Support.................................. .4 

  1.1 Purpose... .. .... ....... ........ ........ ... ..... .... ...... ..... ...... ......... .... ....... .... ....................... 4 

  1.2 Addi tional enti tlements and information resources ............... ..... .... ........ ...... ..4 

  1.3 Accountability .... ........................... ........ ................... .... .......... ........... .. ...... ... ... 4 

  1.4 Payment of Accounts - Department.. .. .. .. .................... .... ... .. .. ...... ................ ... 5 

Section 2: Portfolio-related Expenses ..................................................................... 7 

  2.1 Common Expenses ..... .................... .... ....... ... .................. ..... ............................. 7 

  2.2 Cost of portfolio-related business when travelling overseas ........................... 8 

  2.3 Official hospitality within Australia .... ............. .. ..... .. ... ...... .... ....................... .. 8 

  2.4 Conference and training related expenses for personal staff.. ................ ......... 9 

Section 3: Office Staffmg Arrangement............................................................... 10 

  3.1 Departmental Liaison Officers ..... ....................................... ... ..................... ... 10 

  3.2 Relief staffing alTangements ...... ..... .. .. .............................. .... ..................... .... 10 

Section 4: Ministerial and Parliamentary Liaison Services ............................... 11 

  4.1 Ministerial COlTespondence ..... ..... ..... ...... .. ........ ......... ......... ........................ .. 11 

  4.2 Questions on Notice (QONs) ......... ... ... ..... ............. ....... ....... ........................ .. 12 

  4.3 Question Time Briefs (QTBs) ..... ..... ......... ...... ...... ...... ...... ........ ................ ..... 12 

  4.4 Ministerial Briefs and Submissions ... ... ........................... ......... ........ ..... ... ..... 13 

  4.5 Courier service ......................... ...... .... .......................... ............. .............. ..... .. 13 

  4.6 Cabinet liaison services ................ .. .. ............................ ..... .......................... ... 13 

  4.7 Legislation liaison services ... .... ....... ............................. .. .......................... ... .. 13 

  4.8 Tabling of documents in Parliament ......................... .... .............................. ... 13 

  4.9 Federal Executive Council support ....... .. ... ..... ... .... ....... .. .......................... .... . 13 

  4.10 Media and Speeches ....... .. ....... ...... ...... .. .... ........... .. ... ... .. ... ... .. ....... ......... .... .. 14 

Section 5: Information and Communication Technology (leT) ....................... 16 

  5.1 Ministerial offices in Parliament House, the home state and private 

  residences ..... ...... .............................. ... ......................... ........ .... ........................ .... 16 

  5.2 System logons and passwords .... ..... ......................... .................................. .... 16 

  5.3 Mobile phones .. ..... .. ............................................ .... ...... .. ........................ .... ... 16 

  5.5 Ministerial Communications Network ... ................. ..... .................................. 17 

  5.6 Video Conferencing facilities ... ..... ................ .. ...... ....... ..... ... ......... ... ... .. ...... .. 17 

  5.7 Websites ............................ .... .... .... ...... ........... .... ..... ........ ............ ... .............. .. 17 

  5.8 Assets and Personal Issue Items ...................... .......... ..... .......... ... ........... ..... .. 18 

Section 6: Office Equipment, Services and Supplies .......................................... 19 

  6.1 Office budget and accounts payable .................. ..... ........................... ......... ... 19 

  6.2 Stationery ...... ..... ...... ... ........... ....................... ......... .................................. ...... 19 

  6.3 Newspapers, periodicals and publications ... ... ..... ..... ... .................... ... .. ....... .. 20 

  6.4 Postage services ....... .......... .......... .. .. .. .. ...... ... .... ... .. .. ...... .. .. ... .......... ...... ..... .... 20 

  6.5 Furniture and equipment .... ........................... ... ... .... ............... .... ... .............. ... 20 

  6.6 Petty Cash Float - Official Advance .............. .... ........ .... .. ...... .... ........ ........ . 20 

Section 7: COMCAR and self-drive vehicles ...................................................... 21 

Section 8: Security .................................................................................................. 22 

  8.1 Home and office security ............. .................... ................................ .... .......... 22 

  8.2 Security clearances and police checks .... ... ... ... ..... ... ............................. ......... 22 

Common Parliamentary Workflow Language .................................................... 23 

Request for Approval of Official Hospitality ...................................................... 24 

Ministerial Personal Issue Equipment ................................................................. 25 

Department's Policy on use of Official Mobile Telephones ............................... 26 

Section 1: Introduction to Portfolio Department Support

1.1 	Purpose

This Handbook provides you and your staff with an overview of administrative
services - including personnel, budgeting, purchasing, communications, security,
logistics and coordination services - provided by your home department including
matters requiring your input and/or agreement as a precursor.

This Handbook also seeks to promote understanding, communication and consistency
between ministers' offices and across govenunent in relation to parliamentary
services, processes and taxonomy.

In this Handbook, references to 'Minister' include Parliamentary Secretary.


1.2 Additional entitlements and information resources

As a Minister you have access to entitlements additional to those you already receive
as a Parliamentarian to assist you in exercising your ministerial responsibilities.

These additional entitlements are provided by:
• 	 Parliamentary Support Section (Parliamentary Support) in your Department
• 	 Ministerial and Parliamentary Services (M&PS), Department of Finance and
    Deregulation (Finance)
• 	 the Department of Parliamentary Services (Usher of the Black Rod or Sergeant­
    At-Arms)
• 	 Security Coordination Branch, Attorney-General's Department (AGD)

This Handbook complements the Incoming Minister' s Brief, provided by your
department and the Ministers ofState Entitlements handbook, provided by Finance.


The Incoming Minister's Brief comprises critical information about the portfolio,
policy and legislative services, current issues and matters requiring your attention.

The Ministers ofState Entitlements handbook from M&PS in Finance outlines the full
range of entitlements available to you in your capacity as a Minister.


1.3 Accountability

The Finance guidelines on Ministers of State: Entitlements states "Responsibility for
ensuring that the accessing ofallowances and benefits is within entitlement rests with
the individual Minister n .

As Minister you are (or an officer authorised by you is) responsible for determining
which expenditure is:
• for ministerial or electorate business and payable by Finance
• for ministerial business and payable by your department
• private business and payable by you
                                                                                        4
You are responsible for approving and certifying your own official hospitality,
including when a staff member represents you.

In addition to you, it is recommended that two 'authorising officers' be nominated. It
is recommended that the Chief of Staff be the authorising officer for all major
expenditure items and another officer for the day to day rUlming costs, ie stores,
postage, fax streaming, telephone accounts etc, with a cap on the upper limit of funds
that this person can authorise. Expenditure incurred by an authorising officer is to be
certified by another authorising officer.

Parliamentary Support needs to be advised of the 'authorising officers', as only
accounts signed by the nominated authorising officers can be processed for payment.

These officers are responsible for certifying that:
• the expenditure is part of carrying out ministerial business and the accessing of
  allowances and benefits is within entitlements covered by DBCDE (other than for
  official hospitality)
• the expenditure is appropriate
• that the goods and services have been received
• the account is okay for payment

While all ministerial entitlement expenditure needs to be authorised by you or the
nominated ministerial office 'authorising officer', the Manager, Parliamentary
Support is responsible for approving the expenditure under Financial Management
Act Regulations 9, 10, 12 and 13.

In undertaking this role, Parliamentary Support checks that the payment of the
account is in accordance with Finance's guidelines for ministerial entitlements and
that the expenditure has been approved and certified by the nominated 'authorising
officer' in the Ministerial office. Parliamentary Support will cross check accounts
only in cases where there appear to be discrepancies, or where the expenditure
appears unusual or involves a substantial amount.

Parliamentary Support will follow up with the Minister's Office if further information
is required to enable the account to be paid.


1.4 Payment of Accounts - Department
All accounts should be forwarded to Parliamentary Support for processing and
payment.
Before approving the payment the delegate within Parliamentary Support must be
satisfied that the account may be paid, this includes :
•   the account is supported by all relevant documentation
•   the goods and/or services have been received
•   the amount payable is correct
•   the account relates to spending that has been approved
•   the account has not previously been paid
•   the account is to be paid in the name of the payee
                                                                                          5
• 	 there is a tax invoice that complies with the requirements of the GST Act where
    the payment is for a taxable supply over $82.50 (net of GST)
• 	 the correct general ledger code(s) are listed against the payment details, including
    tax codes as necessary
The Department will maintain a record of expenditure on the entitlements which it
administers.




                                                                                           6
Section 2: Portfolio-related Expenses

All portfolio-related expenditure is subject to procurement guidelines, potentially
discoverable (eg. tlrrough Austender, FOI requests or Parliamentary Questions) and
must be certified against the Office budget.

Richard Oliver, First Assistant Secretary, Corporate & Business; Elizabeth O'Shea
Assistant Secretary, Parliamentary, Governance and Coordination; andl                                5.41
I                                            I
                                           will discuss these matters with'--y-o-u-o-r-y-o-u-r--'
Chief of Staff, including approval processes, circumstances requiring a business case
and how the office budget is set/managed. A meeting will be arranged with your
Chief of Staff at a convenient time.


2.1 Common Expenses
Services paid for by the portfolio department include, but are not limited to:
• 	 the costs of car-with-driver services in Canberra for you and/or your spouse
    (Comcar)
• 	 at your request, the provision and costs of a private-plated vehicle based in
    Canberra, in lieu of car-with-driver services
• 	 additional or alternative furniture or equipment requested by you (including
    additional information technology and communications equipment) for your
    offices, both in the Ministerial Wing of Parliament House and in your home state
    Ministerial office
• 	 laptop computers, Personal Digital Assistant (PDA) (the departmental standard is
    the Blackberry), and mobile telephone for you, and for staff nominated by you
• 	 official hospitality within Australia (including when a staff member of the
    Minister represents the Minister)
• 	 repairs and maintenance to furniture and equipment provided by the Department
• 	 office requisites and stationery for:
    -	 your Parliament House office
    -	   your ministerial office in a capital city
• 	 newspapers, periodicals and publications
• 	 provision and maintenance of ministerial websites
• 	 business cards for you and your staff
• 	 postage costs related to your ministerial duties
• 	 the costs of an official residential telephone, dedicated data line, facsimile services
    and telephone charge cards for you
• 	 installation of any additional telephone and data transmission services in your
    ministerial office
• 	 on-going costs associated with all office telephone services and data transmission
    lines in your ministerial office
• 	 any security requirements when travelling overseas additional to those provided
    by the Security Coordination Branch, AGD
• 	 payment of portfolio related conference and training fees for you and your
    Ministerial staff including in the handling, storage, transfer and transmission of
    National and Non-National Security classified material

                                                                                                7

• 	 installation and maintenance of infonnation security technologies for the storage 

    of National and Non-National Security classified infonnation in the ministerial 

    and electorate offices and at your place of residence 

• 	 membership fees for business organisations related to your portfolio, or your 

    ministerial responsibilities 

• 	 the provision of semi-official residential telephone services, and telephone charge 

    cards for your senior employees as nominated by you; 

• 	 membership of airline lounges for your Ministerial Office staff, following receipt 

    of approval by you or your Chief of Staff 

• 	 salary, travel and other costs of departmental liaison officers

Further infonnation on many of these services is provided later in this document.


2.2 Cost of portfolio-related business when travelling overseas
Portfolio related overseas travel for you and your staff is funded by M&PS in Finance
under funding for Ministerial and Parliamentary entitlements.

Further infonnation can be obtained from the Entitlements Management Branch of
M&PS in Finance on (02) 6215 3542.

Your portfolio department is responsible for meeting all ancillary costs associated
with that travel including hiring meeting rooms, office space and communications
charges associated with portfolio-related business when you are travelling overseas.

    Further infonnation can be obtained from    I                                                5.41
I
    2.3 Official hospitality within Australia
The Department meets the cost of all Ministerial hospitality that relates directly to
activities of the Department. Where the Minister provides hospitality, which is not
directly related to the activities of the Department, the costs should be borne by the
Minister.

    When expenditure on official hospitality involves you, as the portfolio Minister:
    • 	 The responsibility for judging whether official hospitality is appropriate, and the 

        level of that hospitality, rests with you. 

    • 	 The departmental Secretary's (or delegate) prior approval is required for the 

        expenditure involved. The authority to spend public funds flows from the powers 

        of your portfolio department's Secretary (the Chief Executive) as set out in s44 of 

        the Financial Management and Accountability Act 1997. A completed Request 

        for Approval of Official Hospitality fonn (copy at Attachment B) should be 

        forwarded to the Manager Parliamentary Support in advance of the event to ensure 

        that the appropriate approvals are in place. 


    Official Hospitality proposals need to be demonstrated to: 

    a) promote or support an Australian Government policy objective, service or 

       program 

    a) facilitate the conduct of public business 


                                                                                            8

b) 	 that the costs of that official hospitality are reasonable and appropriate having
     regard to the objectives to be achieved

Where the Minister approves expenditure on official hospitality the information as
detailed in the Request for Approval of Hospitality form is required from the
Minister's Office to enable the Fringe Benefits Tax liability to be determined.

Further information can be obtained from    I                                                 s.41
I
2.4 Conference and training related expenses for personal staff
Parliamentary Support arranges payment of portfolio-related conference fees, meeting
costs and training for your Ministerial staff.

For further information, please contact I                                                     s.41
I




                                                                                         9

Section 3: Office Staffing Arrangement

3.1 Departmental Liaison Officers
The Department provides two Departmental Liaison Officer(s) (DLO) to work in your
office. The number of DLOs is set by the Prime Minister.

The contact details of the current DLOs are:

• 	 Kelly Mudford, Senior Departmental Liaison Officer, (02) 6277 7469, (                   5.41
       )or kelly.mudford@dbcde.gov.au

• 	 Jedidiah Reardon, Junior Departmental Liaison Officer, (02) 6277 7464,
    (            lor jedidiah.reardon@dbcde.gov.au                                          5.41

The principal role of a DLO is to facilitate liaison and the flow of information
between the Department and your office. This typically includes:
• 	 advising you and your advisers on the responsibilities and operations of different
    areas of the Department
• 	 managing information flows between your office and the Department, and liaising
    with Departmental persOImel on issues requiring your consideration
• 	 managing the preparation of Question Time Briefs (QTB);
• 	 being closely involved in the Department's support to you in Cabinet processes
• 	 providing feedback to the Department about the support provided to you,
    including suggestions for improvement

The Assistant Secretary, Parliamentary, Governance and Coordination, Liz O'Shea,
manages the DLOs, in consultation with your Chief of Staff. This includes funding,
selection and employer responsibilities (eg. ensuring that duty of care and conditions
of employment are met) and will be discussed further with you, as needed.

On a day-to-day basis, DLOs work as part of your team under the direction of your
Chief of Staff. As public servants, however, DLOs do not engage in work that is party
political in nature.


3.2 Relief staffing arrangements
When a member of your personal staff is on leave for a period of less than 12 weeks,
the Department will provide relief staff, if you wish. This can be arranged by
contacting Liz O'Shea, Assistant Secretary, Parliamentary, Governance and
Coordination, on (02) 6271 1821 or at elizabeth.o'shea@dbcde.gov.au.

To engage staff for a period of more than 12 weeks, please liaise with M&PS in
Finance. The contact is M&PS Staff Help Desk on (02) 6215 3333 or
mpshelp@finance.gov.au.




                                                                                     10 

Section 4: Ministerial and Parliamentary Liaison Services

Within the Department, Parliamentary Support provides support services to you and
your staff as weB as advice and assistance to the Secretary and the Executive of the
Department.

Parliamentary Support works closely with the Departmental Liaison Officers, located
in the ministerial offices, and Group/Service coordination areas.

Parliamentary Support coordinates such activities as the Cabinet program, responses
to ministerial correspondence and parliamentary questions, and Question Time Briefs.
Parliamentary Support also provides a courier service between the Department and
the Parliament House offices of the Portfolio Ministers.

A summary of the current arrangements in place in the Department are outlined in
this Section. In the coming weeks Liz O' Shea, Assistant Secretary Parliamentary,
Governance and Coordination will meet with you or your Chief of Staff to discuss
your preferences and explain existing arrangements in more detail.

A table of definitions of common parliamentary terms used in this section, as
endorsed by the Secretaries of all Departments, is at Attachment A for your
reference.


4.1 Ministerial Correspondence
All correspondence relating to the portfolio is passed to Parliamentary Support in the
Department for recording and action in accordance with the directions of the
Minister's office.

Stamps will be provided to enable your advisers to direct the action the Department
should take on incoming ministerial correspondence. All correspondence is scanned
and stored in a Parliamentary workflow system named ExecCorro. Requested action
and deadlines are recorded in the system before the item is forwarded to the relevant
business area of the Department for action.

To ensure the number of replies prepared for your signature is manageable, guidelines
need to be agreed regarding sign-off on replies, including style preferences and the
circumstances when advisers and departmental staff are able to respond. These
arrangements will be discussed and agreed with your office.


4.1.2 Parliamentary workflow system
The Department uses ExecCorro to record and track all ministerial correspondence,
ministerial briefings, ministerial submissions and Parliamentary Questions on Notice
(QoNs) associated with your portfolio. You and your staff have access to ExecCorro
to enable you to search for, view and monitor Parliamentary documents and their
status.

ExecCorro also facilitates the electronic delivery of documents to your office.
Within the Department, the Parliamentary Support section will train your staff in the
use of ExecCorro.


                                                                                       11
Anv Queries can be directed to}                                                                5.41
I

4.1.3 Templates and paper type
Within the Department, the Communication and Media Branch will provide samples
of stationery (including letterhead and business cards) and templates for your
consideration.


4.2 Questions on Notice (QONs)
Within the Department, the Parliamentary Support section coordinates the answers to
Parliamentary Questions on Notice. The Parliamentary Questions Officer in
Parliamentary Support reviews the Hansard, liaises with the Department of the Prime
Minister and Cabinet and provides advice to your office, the Executive and the
Department on matters relating to Senate Questions on Notice and House of
Representatives Questions in Writing.

The contact is I                                                                               5.41
,-I - - - - - - - - - - - - - l l or pqon@dbCde.gov.au.
Parliamentary Support coordinates the briefing for Senate Estimates hearings. The
Senate Estimates Officer provides support at the hearings, and coordinates responses
to questions taken on notice.

The contact is                                                                                 5.41
,-------_1 or senateesti mates@dbcde.gov.au.
Anv Queries can also be directed to I                                                           5.41
I                     1            .' - - - - - - - - - - - - - - - 1




4.3 Question Time Briefs (QTBs)
QTBs are prepared specifically for use in Question Time and accordingly are prepared
and maintained only during Parliamentary sittings. They are prepared only on issues
that are likely to be raised in Question Time.

In the lead up to sittings and on the morning of each Parliamentary sitting day, your
advisers seek from the relevant areas of the Department briefings on issues which
they consider may give rise to a possible parliamentary question.

The deadline for QTBs each sitting day should allow your office sufficient time to
peruse and collate QTBs prior to Question Time (currently 10.00 am).

The format for the OTBs should be reviewed, to ensure it meets your needs.

Requests for QTBs should be directed to your Department's QTB Officer. The
contact is Antoinette Chi era, QTB Officer, Cabinet and Parliamentary on
(02) 6271 1883 or qtbs@dbcde.gov.au. Any queries can also be directed to     I
I                                                             J              ~~                5.41




                                                                                        12 

4.4 Ministerial Briefs and Submissions
Ministerial briefing for meetings and visits, including Cabinet meetings, is
coordinated for the Department through the Parliamentary Support section. Specific
fonnats have been used for Ministerial briefs, which include suggested talking points
and appropriate background.


4.5 Courier service
A courier service for the collection and delivery of items between your ministerial
office in Parliament House and the department is provided by Parliamentary Support.

The departmental courier run times are as follows:
•   9.00 am, 11.45 and 3.00 pm on business days


4.6 Cabinet liaison services
The receipt, dissemination and tracking of Cabinet documents (including Cabinet
Submissions, Memoranda and Minutes) issued to your department is managed by the
Cabinet Liaison Officer (CLO) in Parliamentary Support. Your staff will have access
to CABNET (see Section 5.5) to print your Cabinet documents.

The CLO manages the Department's Cabinet Program, including lodgement of
coordination comments and forecasts of Submissions to the Cabinet Secretariat, the
Department of the Prime Minister and Cabinet (PM&C). The CLO provides advice on
Cabinet guidelines and protocols.

The contact is.l-I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _----l                             5.41
cabinet@dbcde.gov.au.


4.7 Legislation liaison services
Within the Department, the Legislation Officer (LO) in Legal Services coordinates the
legislation program for the portfolio. The LO liaises with line areas, the Minister's
Office, the Legislation Section (PM&C), and as necessary with the Parliamentary
Liaison Officers of the House of Representatives and the Senate in relation to the
passage of portfolio legislation.

The contact is   I                                                                               5.41



4.8 Tabling of documents in Parliament
Parliamentary Support facilitates the tabling of documents in Parliament including:
approved answers to Parliamentary Questions, Government Responses and Reports
(including Annual Reports).

The contact is I -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
               L                                                                        ~        5.41
tabling@dbcde.gov.au.

4.9 Federal Executive Council support
The Federal Executive Council (EXCO) advises the Governor-General in the
Government of the Commonwealth. EXCO is supported by a Secretariat located in

                                                                                            13
the Department of the Prime Minister and Cabinet. Each department has an Executive
Council Liaison Officer.

Within the Department, Legal Services coordinates Federal Executive Council
(EXCO) matters by:
• 	 providing advice and guidance to departmental officers on Executive Council
    matters
• 	 distributing Executive Council circulars
• 	 maintaining a register of Executive Council documents originating from your
    portfolio

The contact is   I                                                                              5.41
I______________________________~


4.10 Media and Speeches
The Communication and Media Branch has an overarching role in the Department's
communication efforts. The Branch offers a range of products and professional
services to keep Ministers and advisers abreast of activities within the portfolio and
more broadly, events in the public domain which impact on the portfolio.

Working in partnership with departmental management, line areas, and parliamentary
offices, the Communication and Media Branch offers the following key services:
   • 	 developing and implementing communication strategies or campaigns in 

       association with line areas and the Minister's office which include the use of 

       social media 

   • 	 managing events and launches of key announcements. Assistance can be 

       provided in managing major events and launches. When this occurs, the 

       officer assigned to the event will liaise with the responsible line area and 

       Ministerial Adviser to ensure the event meets the Ministerial requirements and 

       observes government protocols 

   • 	 managing public information campaigns
   • 	 the Branch handles general enquiries from the media. The Media team liaises 

       with the Minister's office, usually through Media Adviser, to determine who 

       would be most appropriate to respond to the enquiry. Media inquiries 

       regarding Digital Switchover are handled by the Digital Switchover Taskforce 

       in consultation with the Minster' s office 

   • 	 preparing media releases for the Minister's office as requested by the Media 

       Adviser or as initiated by the Department. The Media team writes and edits 

       releases into an appropriate style, distributes the final release and facilitates it 

       being posted on the Minster's website 

   • 	 the Branch provides a daily media monitoring service on weekdays to the 

       Minister's office. The media clips include a key issues section of articles 

       containing direct references to the Minister, the portfolio, as well as major 

       issue of the day. The clips are provided in electronic form via an email sent by 

       7am on sitting days and 8 am on non sitting days to the Department, Minister 

       and their staff, as well as the Opposition. Staff in the Minister's office can 

       have access the Media Portal site. The Department can provide you with your 

       own unique log in to enable you to access the Department's media clips on a 

       24-hour basis, and training can be provided upon request 

   • 	 transcripts and electronic copies of broadcast and print coverage of relevant 

       announcements can be obtained upon request through the Media team 


                                                                                         14 

   • 	 the Branch has a speechwriter who prepares speeches for the Minister and the
       Department's senior executive. Speeches are written according to the
       Minister's expressed wishes and are tailored to particular speaking styles. The
       speechwriter liaises with the Minister's office, usually through the Media
       Adviser, regularly to discuss upcoming speeches
   • 	 in-house or out-sourced production ranging from publications to web editorial
   • 	 provision of business cards and stationery

The Assistant Secretary, Communication and Media Branch will arrange a meeting
with you or your Chief of Staff to discuss your preferences for communication
activity, media management and speechwriting services.

The contact is Karen McCormick, Assistant Secretary, Communication and Media
Branch on (02) 6271 1460 or karen.mccormick@dbcde.gov.au.




                                                                                     15
Section 5: Information and Communication Technology (lCT)

5.1 Ministerial offices in Parliament House, the home state and
private residences

A1l ministerial staff requiring access to the Department's network and other lCT
products should provide their details to the senior DLO who will notify the
Department's Service Desk. A list of Ministerial Personal Issue equipment is at
Attachment C.

Contact the Senior DLO: Kelly Mudford, Senior Departmental Liaison Officer on
(02) 6277 7469, kelly.mudford@dbcde.gov.au.      .

The IT & Support Services Branch provides support for the Department's ICT
operating environment.!                                                          I           5.41
1              'IEmergency ICT assistance support IS aVailable on I              -I
24 hours a day, seven days a week.


5.2 System 1090ns and passwords
The DepaItment's ICT Service Desk will provide you and your staff with a user name
and password to facilitate access to the Department's network.

Access from home states and private residences will initially be via a mobile solution
while your department makes arrangements with its preferred communications carrier
for fixed line services. The timeframe for the installation of fixed line
communications services is dependent on the type of service and its geographical
location.

Access from home states and private residences will be arranged in consultation with
the Agency Security Adviser to ensure the appropriate security requirements can be
met.


5.3 Mobile phones
You and your ministerial staff are entitled to a standard issue Blackberry device. If
you reauire a non-standard device, please contact                                             5.41


A car kit can be supplied to you as Minister. Hands free kits, comprising an earpiece
and car charger, can be supplied to your staff. All mobile devices, SIM cards and
accessories for use by you and your staff are purchased by Parliamentary Support in
consultation with the IT & Support Services Branch. Other accessories can be
supplied, if you require.

Your existing mobile phone number and those of your nominated staff can be
transferred to the Department upon request.

For further information the contact isl                                                      5.41
I                          .

                                                                                        16
A copy of the Department's policy on the use of official mobile phones is at
Attachment D.

5.5 Ministerial Communications Network
Finance manages the secure Ministerial Communications Network (MCN). This
closed network, which includes ministers' offices and portfolio departments, provides
a secure phone and fax capability to the level of Secret. As a Minister you will be
provided with:
• 	 a MCN executive phone, and a MCN fax/phone for your ministerial office in
    Parliament House
• 	 a MCN executive phone, and a MCN fax/phone for your ministerial office in your
    home state
• 	 a MCN executive phone, and a MCN fax/phone for your electorate office
• 	 a CABNETINSCNET terminal in your ministerial office in Parliament House (for
    further information on Cabinet liaison services see Section 4.6)

In addition, Finance also manages the allocation of secure Sectera GSM (SGSM)
mobile phones, and Sectera Wireline Terminals (SWT) for landline phones. These
devices provide secure mobile phone and landline phone capability to the level of
Secret. As a Minister you are entitled to:
    • 	 three SGSM units
    • 	 three S WT uni ts

The Director of the Ministelial Communications Network is available to provide face­
to-face briefing for ministers who are unfamiliar with this equipment.

The contact is   , - I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _- - '
                                                                                             5.41


5.6 Video Conferencing facilities
Parliament House video conferencing facilities are available for your use.

For further information the contact is Barry McKinless, Assistant Secretary, MCN in
Finance on (02) 62151801.


5.7 Websites
The Department maintains an Internet site for you in addition to an Internet and
Intranet site for the Department.

Your Internet site provides background information on you and your ministerial
responsibilities. It includes a media centre, where media releases and speeches are
posted. An email update subscription service is also provided. This site has the
capability to host a blog, should you wish to use Web 2.0 communication.

The portfolio department's Intranet site provides a description of your role and
responsibilities, as well as those of your personal staff. The Intranet is only available
across the Department's network.

                                                                                             s.41
                             will be in contact with your staff to seek infonnation for
~--------~




                                                                                        17
these sites, including your biography, photographs and staff details. David Sibley will
also liaise with your office regarding your ministerial website.

5.8 Assets and Personal Issue Items
The Department will maintain an assets register for all assets provided to ministerial
offices or ministerial staff. All personal equipment (eg. mobile devices and laptops,)
provided to ministerial staff will be the officer's personal responsibility and recorded
on a Personal Issue Form, to be signed by the ministerial staff member at the time of
issue. When the equipment is returned to the Department it is to be signed back in by
a departmental officer and the ministerial staff member. All departmental assets are to
be returned when either the staff member's employment ceases or the asset is no
longer required.
If an item is misplaced or stolen the ministerial staff member should advise the
Ministerial Entitlements Officer, Parliamentary Support Section so a Statutory
Declaration Form outlining the circumstances regarding the loss can be completed.

     I
Contact                                                                   ]                  5.41
1~________________~lrcfu~r~fu~rt~h7er~i~n?fu~rm~a~t1~0~n-.--~------------




                                                                                      18 

Section 6: Office Equipment, Services and Supplies

6.1 	Office budget and accounts payable
The Manager, Parliamentary Support manages the budget allocated to your office for
all administrative support requirements and will arrange a meeting with you or your
Chief of Staff to go over relevant procedures.

Key requirements to be aware of, but are not limited to:
• 	 all expenditure is subject to procurement guidelines and must be certified against
    the budget. Once expenditure has been certified, accounts and relevant documents
    are forwarded to the Ministerial Entitlements Officer, Parliamentary Support on
    (02) 6271 1567 or ministerialentitiements@dbcde.gov.au for approval by the 

    delegate and payment processing. The Department will then monitor and check 

    the progress of accounts regularly 

• 	 any expenditure that is not consumable in nature such as stationery, paper
    supplies, postal satchels should be discussed with the Manager, Parliamentary
    Support. Such requests are considered on a case-by-case basis

Contactl~                                                                                     5.41
I
6.2 Stationery
Stationery supplies (excluding Ministerial letterhead) can be ordered directly from
Complete Office Supplies (COS), the Department's supplier of office stationery and
supplies. Orders can be made through the Ministerial Entiti{fments Officer on (02)
6271 1567 or ministerialentitlements@dbcde.gov.au until an account has been
established with COS. The ordering and purchasing of non-consumable items should
be discussed with Parliamentary Support prior to purchase.

ICT equipment is not to be purchased through COS, any required items should be
discussed in the first instance with the Ministerial Entitlements Officer on
(02) 6271 1567 ministerialentitiements~dbcde.gov.au) orl                                      5.41
I                                          I               ~--------~


Stationery can be ordered by your staff through the internet, by phone or by fax.
Internet ordering is the preference. To assist to your staff Parliamentary Support will
provide a print copy of the COS catalogue to your office.

Contact details for COS are:
       Phone: 1300 88 22 44 

       Fax: 1300 73 88 20 

       Email: info@cos.net.au 

       Web: www.cos.net.au 


Stationery supplies will be delivered to your office. Invoices for these supplies will
then be forwarded to the Department by your staff for payment..




                                                                                         19
6.3 Newspapers, periodicals and publications
Arrangements for the delivery of newspapers, periodicals, and publications to your
ministerial offices and residence(s) for you and your nominated advisers will be
arranged. The contact is the Ministerial Entitlements Officer, Parliamentary Support
on (02) 6271 1567 or ministerialentitlements@dbcde.gov.au.


6.4 Postage services
Franking machines are supplied to your ministerial offices in Parliament House and in
your home state.


6.5 Furniture and equipment
If you require furniture in your ministerial offices in Parliament House and in your
home state, in addition to the furniture and equipment supplied by the Department of
Parliamentary Services, Parliamentary Support will arrange this. For some items (eg
items over $5000) a business case should be provided in support of the purchase.

To request please additional furniture or equipment please contact Ministerial
Entitlements Officer, Parliamentary Support on (02) 6271 1567 or
ministerialentitlements@dbcde.gov.au.


6.6 Petty Cash Float -         Official Advance
A petty cash advance of$200 will be provided for the Minister's Parliament House
office and the ministerial office (not electorate office) in the Minister's home State or
Territory, ifrequired. The advance is provided to cover minor purchases or
reimbursement of expenses that officials incur in the course of official business (such
as milk, parking, stamps etc).

The holder of the advance is required to retain receipts for all purchases and
reimbursements. When the advance requires topping up, the holder should notify and
provide the receipts to the Ministerial Entitlements Officer, Parliamentary Support
Section to arrange reimbursement of the float.




                                                                                       20
Section 7: COMCAR and self-drive vehicles

As a Minister you are entitled to use car transport for official purposes anywhere in
Australia. You have access to:
       • COMCAR
       • chauffer driven hire cars or taxis
        • short-tenn self-drive hire cars

You may elect to have a private-plated self-drive vehicle on long-tenn hire in
Canberra in lieu of COM CAR ..

You may also utilise Cabcharge.

Please contact the Ministerial Entitlements Officer, Parliamentary Support on
(02) 6271 1567 or ministerialentitlements@dbcde.gov.au for further details about any
of the above and to discuss your preferences for transport type.




                                                                                        21
Section 8: Security

8.1 Home and office security

Responsibility for security is shared between the Security Coordination Branch (SCB)
of the Attorney-General's Department and M&PS in Finance. SCB is responsible for
your personal security, residential security and security outside Parliament House.
M&PS is responsible for basic security within the Commonwealth Parliament Offices
in each State and your electorate office.

The Agency Security Adviser (ASA) in your portfolio department is responsible for
security within the Ministerial office in APH. At a convenient time, the ASA will
provide security briefings and training, including advice on handling of suspicious
mail, to you and or your staff.

                                                                                                5.41
' -_ _ _ _ _ _ _ _ _----lwho will arrange with the ASA for training to be
 provided.


    8.2 Security clearances and police checks

                                                                                               5 . 40



    The appointment of staff is conditional upon obtaining security clearances. M&PS in 

    Finance will arrange for these clearances to be processed. The Department will work 

    with Finance to ensure clearances are processed swiftly. 


rr---------]
,

                                                                                               5. 40

    Where your staff do not have the appropriate clearance, Emergency Access to Top 

    Secret material can granted by the Secretary of your Department. 


    Contact the                                                                                5.41
                                 who will work with the ASA in respect of clearances for
~--~-~--~~~
    you and the office staff.




                                                                                        22 

                                                                        ATTACHMENT A

                Common Parliamentary Workflow Language
Parliamentary Document       Definition
Type
Cabinet Memorandum           Information for Cabinet consideration prepared in the relevant
                             department's name often in response to requests by Cabinet for
                             supplementary information or the development of options.

Cabinet Submission           Infonnation for Cabinet consideration prepared in the relevant
                             Minister's name that contains the Minister's recommended
                             course of action.
Media Release                A publicity or news announcement prepared in a Minister's Office
                             and/or agency and issued in the name of the Minister and/or the name
                             of the agency depending on the subject matter.

Ministerial Brief            An agency response to a specific request from a Minister for
                             information: on a policy, program or issue; prior to a proposed
                             meeting between the Minister and an individual or group; prior to a
                             function that the Minister is to attend; and/or to assist the Minister in
                             preparing for a major program of activities such as a round of
                             domestic or international visits.

Ministerial Correspondence   Mail, including email, addressed to Ministers from any source
                             relating to portfolio issues. It does not include party political,
                             personal or electorate matters.

Ministerial Submission       An agency-initiated document that: provides formal advice or
                             information to a Minister; seeks the Minister's consideration and
                             approval for a particular action; and/or seeks the Minister's signature
                             on correspondence initiated within the portfolio.

Parliamentary Conunittee     Verbal and/or written advice to a parliamentary conunittee addressing
Submission                   the conunittee's tern1S of reference or in response to a request from
                             the conunittee for information on a particular subject matter.

Parliamentary Question on    Questions, often seeking detailed facts, directed to Ministers that are
Notice (QoN)                 placed by Members and Senators on the Parliamentary Notice Papers.
                             Responses to Parliamentary Questions on Notice are written
                             responses prepared by agencies for a Minister's signature and tabling
                             in Parliament.

Question Time Brief (QTB)    A brief statement of factual background to an issue that is often high
                             profile, current and/or potentially contentious, as well as a series of
                             talking points to allow direct response to questions that are likely to
                             be raised in Parliament during Question Time.




                                                                                            23 

                                                                         ATTACHMENT B

                    Request for Approval of Official Hospitality
    In accordance with to Chief Executive's Instruction 2.10 Official Hospitality, your
    approval is requested to incur the following official hospitality expenditure.

    Venue                                                                        Date


    Nature of function


    Total cost estimate/actual           Cost per head estimate/actual         Charge code


    Guest list (to include departmental employees)
    Name                              Designation/office                 Employer (to include location)




1
    -S-ign-a-tu-re-------- Name
                                     1
                                         - - - - - - - - 1 - 1 -1
                                                             Date ­
    A.pprova s
    Delegate

    Signature
    Name
    Designation
    Date

    Additional background information may be attached to substantiate the request.

    Please forward a co    of this com leted form to '                                                5.41

    work process the necessary approval and provide a copy to the appropriate staff in the
    CFO area of the Department for inclusion in the departmental Fringe Benefits Tax
    return.




                                                                                           24 

                                                                   ATTACHMENT C

                   Ministerial Personal Issue Equipment
The Department currently provides all Ministerial staff with a departmental issued PC
in both the Parliament House and Ministerial/Electorate offices. In addition to the
standard issue of PCs, the Department has an additional IT hardware allowance for
Ministerial Staff of:

Chief of Staff / Senior Advisors
•   Lenovo Laptop (either I I" or IS" screen)
•   Blackberry mobile device allowing syncing of email remotely
•   Department funded landline and broadband internet account

Office Staff
•   Lenovo Laptop (either II" or IS" screen)
•   Blackberry mobile device allowing syncing of email remotely

The provision oflaptops and PDAs, which are required to access the Department's 

network, must be configured according to the Department's security requirements. 


In addition, your Ministerial offices, both in the Ministerial Wing of Parliament 

House and in your home state are provided with the following equipment as standard: 


1 Network Colour printer 

I Black and White printer 

2 Desktop printers (Black and White) 

1 Colour Photocopier 

I Fax machine 


IT Support 

The Department's IT support services are currently provided under contract with ASG 

Group. 24 hour, 7day Priority IT support is provided for all of your office staff. 


The priority number is   I                                                                  5.41
I
IT support staff visit the Parliament House Office each day to assist with any IT
related issues.




                                                                                     25 

                                                                      ATTACHMENT 0


                Department Policy on use of Official Mobile 

                               Telephones 


Whilst official telephones are primarily provided to discharge our public duties, and
noting that there is expectation of significant out of hours availability, there will be
situations where private use is justified. This may include occasional use to deal with
domestic issues, and maintaining reasonable contact with family members whilst on
official travel. While judgment is required as to what might be reasonable, costs
incurred in these circumstances are acceptable charges to the Department.

In circumstances where private calls exceed that outlined above, the office staff
member may be required to reimburse the Department for the excess cost.

It is legitimate for mobiles to be used to make calls relating to official activities from
home.

The above arrangements also apply to the use oftelecards and credit cards for phone
usage.

Officers are also reminded that they are responsible for ensuring that accounts for
telephone services should be checked to ensure there are no irregularities; in the
absence of such checks, individuals may be personally responsible for any costs
fraudulently charged to the Department.




                                                                                         26

				
DOCUMENT INFO