How should integrity agencies be funded?
On 20 October 2020, the Auditor-General for New South Wales released a report examining the effectiveness of the financial arrangements and management practices in four integrity agencies, namely the Independent Commission Against Corruption, the NSW Electoral Commission, the NSW Ombudsman and the Law Enforcement Conduct Commission. The NSW Treasury and Department of Premier and Cabinet (DPC) were also included in the audit as the departments are involved in processes which lead to funding decisions for the integrity agencies, with the NSW Treasury managing the budget process determining the annual funding for the agencies and the DPC managing the access to funding as the agencies are placed within the DPC ‘cluster’.
Purpose
The report comes in response to a special request made in November last year by the Special Minister for State, Don Harwin, under section 27(B)(3)(c) of the Public Finance and Audit Act 1983 (NSW). The Audit Office of New South Wales was asked to run performance audits on the integrity agencies, which examine whether a particular body is effectively, economically and efficiently carrying out its duties in compliance with relevant laws.
In assessing the effectiveness of the financial arrangements and management practices at the four integrity agencies, the following questions were considered during the audit:
Key findings
The audit found that, currently, the method for deciding and administering the annual funding for the four integrity agencies presented a threat to their independent status.
The audit found that while the DPC and NSW Treasury funding method aligned with the legislative and constitutional framework for financial management, the method did not sufficiently recognise that the roles and functions of the four agencies are different to other departments and agencies. Specifically, an absence of transparency in decisions about funding for the agencies, the means of applying efficiency dividends, budget savings and reforms measures, the process of providing additional funding from DPC and requests for the agencies to report to DPC on their activities and outcomes were found to present a threat to the independence of the integrity agencies.
Recommendations
The report made three recommendations to the NSW Treasury and DPC:
The report suggests that the NSW Parliament be consulted when considering the recommendations made in the report.
Authors: Christine Jones & Rebecca Weakley
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Fraser v Commissioner of Fire and Rescue NSW [2020] NSWIRComm 1072
PUBLIC SECTOR DISCIPLINARY APPEAL – demotion from Deputy Manager, ComSafe Training Services, Operational Support Level 3 to Senior Firefighter – settlement reached – Deed of Release – demotion altered to Assistant Equipment Management Officer role, Operational Support Level 2 – appellant initially placed in Technical Officer role, Operational Support Level 2 – whether respondent had repudiated the Deed – whether the Deed constitutes a bar to the appellant pursuing his disciplinary appeal.
Forbidden Foods Pty Ltd v Rice Marketing Board for the State of New South Wales (No 3) [2020] NSWCATAD 257
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Storey v Commissioner of the New South Wales Police Force (No 2) [2020] NSWSC 1429
ADMINISTRATIVE LAW – judicial review of administrative decisions – review of decision of Commissioner of Police – removal order under s 181D of the Police Act 1900 (NSW) – whether s 213 of the Police Act 1900 (NSW) precluded making of removal order – whether error of law on the face of the record or jurisdictional error– no error established ADMINISTRATIVE LAW – judicial review of administrative decisions – review of decision of Industrial Relations Commission – rejection by IRC of review application in relation to removal order under s 181D of the Police Act 1900 (NSW) – review of refusal of leave to appeal from IRC decision by Full Bench – whether police officer acting in the course of his duties when engaging in the conduct that led to his removal – whether jurisdictional error by IRC or Full Bench – no jurisdictional error established.
Transport for NSW v East Coast Wharf Constructions Pty Ltd; Transport for NSW v King [2020] NSWLEC 112
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Commissioner of Police v Thomson [2020] NSWSC 1424
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Bolstad v Psychology Council of New South Wales [2020] NSWSC 1416
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Choi v Commissioner of Police, NSW Police Force [2020] NSWCATAP 211
APPEAL – administrative law – freedom of information STATUTORY INTERPRETATION – Government Information (Public Access) Act 2009 (NSW) meaning of s 4 (definition of ‘government information’) – meaning of 75(1), meaning of s 112, meaning of s 53(1)
Gabriel’s Family Day Care Pty Ltd v Secretary, Department of Education (No 2) [2020] NSWCATAD 249
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Public Service Association of NSW v Insurance and Care NSW [2020] NSWCATAD 228
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Proclamations commencing Acts
Police Amendment (Promotions) Act 2020 No 23 (2020-609) — published LW 14 October 2020
Regulations and other miscellaneous instruments
Electronic Transactions (ECM Courts) Amendment (NCAT) Order 2020 (2020-622) — published LW 22 October 2020
Local Government (General) Amendment (Minimum Rates) Regulation 2020 (2020-624) — published LW 23 October 2020
Retail and Other Commercial Leases (COVID-19) Regulation (No 2) 2020 (2020-633) — published LW 23 October 2020
Administrative Arrangements (Administration of Acts—Amendment No 6) Order 2020 (2020-614) — published LW 16 October 2020
Administrative Arrangements (Administrative Changes—Transfer of Staff to Western City and Aerotropolis Authority Staff Agency) Order 2020 (2020-613) — published LW 16 October 2020
Liquor Amendment (COVID-19 and Managed Alcohol Program) Regulation 2020 (2020-610) — published LW 14 October 2020
Non-Government – 16 October
Local Government Amendment (Pecuniary Interests Disclosures) Bill 2020
Bills revised following amendment in Committee – 16 October
Statute Law (Miscellaneous Provisions) Bill 2020
Bills introduced – 23 October
Government
Drug Supply Prohibition Order Pilot Scheme Bill 2020
Retirement Villages Amendment Bill 2020
Non-Government
NSW Jobs First Bill 2020
Bills passed by both Houses of Parliament – 23 October
Statute Law (Miscellaneous Provisions) Bill 2020
Stronger Communities Legislation Amendment (Miscellaneous) Bill 2020
Amendments relating to criminal and sentencing procedures
Work Health and Safety Amendment (Information Exchange) Bill 2020
For the full text of Bills, and details on the passage of Bills, see Bills.
Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this newsletter is accurate at the date it is received or that it will continue to be accurate in the future.
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