Lyla Lindsey
Australia has a proud democratic tradition, with a history of leading the world with democratic reforms. However, in recent years, Australia's score on the international Corruption Perceptions Index has been declining, indicating that public sector corruption is worsening. This decline in trust in the government is also reflected in Australian opinion polls. To address this, Australia must implement key integrity reforms to build a fairer, more open, and more accountable system of government. This can be achieved through a combination of agencies, laws, practices, and ethical codes, such as the Australian National Audit Office (ANAO), which provides assurance to Parliament to hold the executive government accountable. Additionally, the Parliament itself plays a crucial role in ensuring government accountability by passing laws and providing avenues for public participation in law-making and policy review. Various parliamentary committees, inquiries, and investigations also contribute to holding the government accountable, especially during the COVID-19 pandemic, by promoting answerability and enforceability.
| Characteristics | Values |
|---|---|
| Public actions should be open to scrutiny | The media, parliamentarians, courts and formal inquiries can question the government |
| Public officials should be required to respond | Ministers are expected to publicly support Cabinet decisions |
| Multiple mechanisms of accountability | Parliamentary Committees, standing committees, select committees, agencies, laws, practices, ethical codes, etc. |
| Integrity of the system | The Australian Commission for Law Enforcement Integrity, the Inspector-General of Intelligence and Security, etc. |
| Transparency | The Australian National Audit Office (ANAO) provides assurance to Parliament to assist it in holding the executive government to account |
| Public participation | People can participate in law-making and the review of policies |
| Oversight | The government's response to the COVID-19 pandemic was subject to public oversight by various domestic inquiries and investigations |
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What You'll Learn
Public scrutiny and the media
Public scrutiny and an independent media are vital components of a healthy democracy and essential tools for holding governments accountable. In Australia, the media plays a critical role in scrutinising misconduct, misinformation, and misuse of power by the government. A free press ensures transparent governance and better decision-making, ultimately strengthening democracy.
The media in Australia has a long history of holding the government accountable. For instance, during the Vietnam War, the media exposed government secrecy, and in the 1990s and early 2000s, scholars emphasised the need for multiple mechanisms of accountability with built-in overlap and duplication to ensure government integrity.
The Law Council of Australia has advocated for greater protections for journalists, recognising that press freedom is not just a concern for politicians, lawyers, or journalists, but for all Australians. The Council has proposed several reforms to enhance the media's ability to hold the government accountable, including search warrant procedures and the creation of a public interest advocate to increase transparency and scrutiny of search warrants relating to journalists.
Public inquiries and investigations are also essential tools for public scrutiny, as seen during the COVID-19 pandemic. These mechanisms provide oversight of executive power and promote accountability through answerability (information and justification) and enforceability (sanctions). However, the effectiveness of these inquiries can be limited, and there may be a need for additional enforceability mechanisms to strengthen accountability.
Ultimately, public actions and decisions of the government should be open to scrutiny, and public officials should be responsive to the public's right to know. This transparency fosters trust in the government and ensures that the interests of the people are prioritised.
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Parliamentary Committees
There are two main types of Parliamentary Committees: standing committees and select committees. Standing committees continue indefinitely and are responsible for specific areas of inquiry. On the other hand, select committees are temporary and are formed to investigate particular matters, disbanding after they have reported their findings. Committees generally invite individuals who have made submissions to give evidence and are open to the public, allowing ordinary citizens to participate in law-making and policy review.
Some examples of Parliamentary Committees in Australia include the Joint Select Committee on Northern Australia, the National Disability Insurance Scheme Committee, the Parliamentary Joint Committee on Human Rights, and the Senate Legislation and References Committees.
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Australian Democracy Network
In Australia, the Australian Democracy Network plays a crucial role in holding governments accountable for their actions. This network is comprised of various institutions, practices, and individuals who collectively ensure that those in power act in the best interests of the country and its citizens.
One of the key mechanisms for achieving this accountability is through the country's robust system of checks and balances. This system empowers different branches of government to monitor and limit the powers of other branches, preventing any one group from holding too much power. For instance, the Australian Parliament, as the legislative branch, can hold the executive branch (the government) accountable by scrutinizing its policies, decisions, and spending through committee inquiries, question times, and debates.
Additionally, the judiciary plays a vital role in maintaining governmental accountability. The courts interpret and apply the law, ensuring that the government acts within the boundaries set by the Australian Constitution and laws passed by Parliament. Citizens can seek justice and hold the government accountable for its actions through judicial review, a process where the courts review the lawfulness of governmental decisions.
Another important aspect of the Australian Democracy Network is the presence of independent integrity agencies. These agencies, such as the Australian Commission for Law Enforcement Integrity (ACLEI) and the Australian National Audit Office (ANAO), investigate and oversee the actions of government bodies and individuals. They expose corruption, ensure compliance with laws and ethical standards, and promote overall integrity in the public sector.
The media also plays a pivotal role in this network. A free and vibrant media landscape ensures that the government's actions are transparent to the public. Journalists investigate, report, and analyze governmental activities, providing citizens with the information they need to make informed decisions and hold their representatives accountable.
Lastly, the Australian Democracy Network relies on the active participation of citizens. Through elections, Australians can choose their representatives and hold them accountable by voting them out of office if they fail to deliver on their promises or act against the country's best interests. Citizens can also engage in protests, petitions, and other forms of political expression to make their voices heard and influence governmental decisions.
In summary, the Australian Democracy Network is a robust system that ensures governmental accountability through various mechanisms, including checks and balances, the judiciary, independent integrity agencies, a free media, and citizen participation. These interconnected elements work together to uphold the principles of democracy and maintain the integrity of Australia's system of government.
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Public inquiries and investigations
Parliamentary committees, consisting of government, opposition, and independent members, play a significant role in ensuring government accountability. They hold hearings, often in public, where they scrutinise government policies, expenditure, and annual reports of departments and agencies. Committees also allow public participation and invite submissions from anyone, providing a platform for ordinary citizens to contribute to law-making and policy review.
The concept of "new administrative law" emerged in Australia during the late 1960s and 1970s, reflecting changing societal expectations and an increased demand for government transparency. This led to the development of a reform agenda aimed at enhancing accountability mechanisms, expanding the scope of review beyond judicial processes, and improving public access to government information.
The COVID-19 pandemic provided a unique opportunity to analyse the processes of government accountability during such crises. By examining the responses of Australian governments, scholars and policymakers can identify ways to improve future public health responses and ensure that ministers and public servants act in the public interest rather than serving their own interests.
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The role of the auditor-general
The Auditor-General is a public official who scrutinises Commonwealth administration and provides assessments of the state of public accounts. The role was created by the Audit Act 1901, which was replaced by the Auditor-General Act 1997, and is supported by the Australian National Audit Office (ANAO). The Auditor-General is an independent officer of the Parliament with responsibility for auditing Commonwealth entities and reporting to the Australian Parliament.
The Auditor-General's functions include auditing the financial statements of Commonwealth entities, Commonwealth companies and their subsidiaries, and conducting performance audits of public sector programs and entities, including Commonwealth partners. The office also provides other audit services as required by legislation or allowed under the Act. The Auditor-General reports directly to Parliament on any matter or to a minister on important matters.
The Auditor-General's role is to provide independent assurance that the executive is operating and accounting for its performance in accordance with the Parliament's intent. This is achieved primarily through a program of financial statement audits, performance statement audits, and performance audits. The ANAO has been undertaking performance audits for about 40 years, reviewing the operations of a person or body subject to the Auditor-General's mandate. These audits are selected on a risk basis and are designed to give broad coverage across portfolios, activities, and stages of delivery.
The Auditor-General must act independently and be free from pressure, influence, or interference from any source to effectively carry out their duties. The role is a ten-year statutory appointment made by the Governor-General on the recommendation of the Prime Minister. The Australian Parliament's Joint Committee of Public Accounts and Audit (JCPAA) must approve any proposed recommendation for appointment.
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Frequently asked questions
The Australian Parliament holds the government accountable by passing laws and examining the government's expenditure in hearings known as 'Senate estimates hearings'. The Committees also look at annual reports of departments and agencies, the mid-year economic and fiscal report (MYEFO), and the final budget outcome report. Senators can make Ministers and public servants answer detailed questions about government policy and expenditure.
There are several challenges in holding the Australian government accountable. One is the spread of misinformation and disinformation, which erodes public trust in institutions and makes it harder to identify and address corrupt activities. Another challenge is the lack of sufficient accountability mechanisms. Even when they are present, power and politics may intervene, and ministers and public servants may appear to serve their interests instead of the public interest.
The Australian government is held accountable to its people through various mechanisms, including parliamentary committees, inquiries, investigations, and audits. The Australian National Audit Office (ANAO) provides assurance to Parliament to assist in holding the executive government to account through financial statement audits, performance statement audits, and performance audits. The public can also participate in law-making and policy review through parliamentary committees.
