NSW Treasurer Must Tell Committees About Integrity Agency Budgets and Follow Stricter Emergency Funding Rules

Government Sector Finance Amendment (Integrity Agencies) Bill 2024

Legislative Council

Legislative Assembly

Assent

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Introduced by: The Hon John Graham MLC (ALP); Jo Haylen MP (ALP)

Effects of this bill

If this bill passes, it means that:

The Treasurer must notify the head of an integrity agency and a parliamentary committee of proposed budget allocations within 7 days of the Appropriation Bill being introduced to the Legislative Assembly.
The Treasurer must explain any differences between the proposed funding and the original budget proposal.
Parliamentary oversight committees must examine the funding and report their findings to the Treasurer and Parliament within three months.
The Treasurer must respond in writing to these committee reports within three months.
The Treasurer must follow specific rules before giving an integrity agency emergency funding from the contingency fund, including checking if the agency is independent, if the need is urgent and unforeseen, if the agency can still do its job without the money, and if funding is available.
The Treasurer must decide on emergency funding applications as soon as possible and notify the agency head and the relevant parliamentary committee of the result in writing.
The Joint Standing Committee on Electoral Matters now examines and reports on funding for the Electoral Commission.
The Public Accounts Committee now examines and reports on funding for the Auditor-General.
The Committee on the ICAC now reports on the annual appropriations for the Commission.

The Debate

What different members said when this bill was debated:

Alister Henskens LIB

“The Government Sector Finance Amendment (Integrity Agencies) Bill 2024 is the latest in an interesting—some might find it interesting, others might not—history of funding arrangements for our integrity agencies. Indeed, the issues contained in the bill have been bouncing around in one form or another since early 2020.”

Official source →

Edmond Atalla ALP

“I speak in support of the Government Sector Finance Amendment (Integrity Agencies) Bill 2024. This legislation has been a long time in the making. Many past members of the Parliament and some members who are still here have worked on the issue of how to make sure our integrity agencies have independence in their funding and in their relationship with the Government.”

Official source →

Kobi Shetty GRN

“On behalf of The Greens, I indicate that we will support the Government Sector Finance Amendment (Integrity Agencies) Bill 2024 even though it falls well short of delivering on Labor’s election promise to deliver independent funding for the ICAC. "We can’t wait until 2023." That is what they said.”

Official source →

Hugh McDermott ALP

“As Parliamentary Secretary to the Attorney General and member for Prospect, I speak on the Government Sector Finance Amendment (Integrity Agencies) Bill 2024. This long-awaited piece of legislation fulfills Labor’s 2023 election promise of independent funding for the State’s integrity agencies. I thank the Hon.”

Official source →

David Mehan ALP

“As Parliamentary Secretary to the Treasurer I contribute to debate on the Government Sector Finance Amendment (Integrity Agencies) Bill 2024. The Government is committed to ensuring that the integrity agencies receive appropriate funding to undertake their important work, and that the funding arrangements for integrity agencies do not impede their independence.”

Official source →

David Saliba ALP

“I speak in support of the Government Sector Finance Amendment (Integrity Agencies) Bill 2024.”

Official source →

Jo Haylen ALP

“The bill proposes amendments to the Government Sector Finance Act 2018 to provide arrangements to safeguard the independence of integrity agencies and enhance transparency with respect to their funding. The amendments will complement the Treasurer’s Direction TD24-12 Charter of Independence for NSW integrity agencies, which codifies special arrangements for the funding of our integrity agencies.”

Official source →

News articles and press releases

Government Sector Finance Amendment (Integrity Agencies) Bill 2024

The Hon. JOHN GRAHAM, Minister for Roads — 2024-08-08

The bill proposes amendments to the Government Sector Finance Act 2018 to provide arrangements to safeguard the independence of integrity agencies and enhance transparency with respect to their funding. The integrity agencies—that is, the Audit Office, Independent Commission Against Corruption, the Law Enforcement Conduct Commission [LECC], NSW Electoral Commission and the Ombudsman’s Office—are independent and are not subject to the control or direction of the Executive Government. Instead, the integrity agencies are generally accountable to the Parliament. With one exception, the Acts of Parliament establishing the integrity agencies also designate a parliamentary committee, comprised of members of Parliament, with functions relating to monitoring and reviewing the integrity agencies.