“Government spends ‘unlawful’ billions | The Saturday Paper Over the past year, the government has allocated nearly $5 billion through measures hidden from public view, bypassing the senate. Experts now warn this may be illegal. By Karen Middleton.” thesaturdaypaper.com.au/news/politics/…
“Some of the Coalition’s own senators are starting to push back forcefully against the growing use of such regulations – also known as “delegated legislation” – to authorise a stream of government grants and other policy moves.”
“In the past 12 months, almost $5 billion was allocated this way – nearly half of that immediately before and after last year’s federal election.”
“This does not include the hundreds of millions more dollars handed out through the Community Sport Infrastructure Grant Program – which is at the heart of the sports rorts scandal – and via other separate schemes across government.”
“One of Australia’s most eminent constitutional experts, Sydney University law professor Anne Twomey, says the legal authority for governing by regulation is increasingly flimsy, in most cases – especially when allocating public money.”
“Effectively, the Commonwealth is spending potentially billions of dollars unlawfully,” Twomey told The Saturday Paper this week. “The way the system is set up is that the Commonwealth knows there is pretty much no one with an interest who is going to challenge this.”
“Issuing a regulation allows the govt to change laws without parliament having a direct say, though each regulation must link back to a main piece of enabling legislation. Only way senate can influence a regulation is to vote to disallow, or reject, it within 15 sitting days”
“In federal election period between March 1 & May 23 last year, almost $2 billion in grants across 20 programs were effectively rubberstamped through regulations. A further $1.75 billion in low-interest agricultural loans to farm flood victims was authorised during same period”
“Before that, between November 21 and December 3, regulations authorised $79.5 million more in grants, including two one-off $10 million allocations to establish scholarships in memory of former prime minister Bob Hawke and former deputy prime minister Tim Fischer.”
“There’s also $19.8 million to establish new Australian Space Agency, which PM Scott Morrison opened this week in Adelaide. Historically, this funding would usually have been included in standalone legislation, meaning parliament would debate & amend if necessary before a vote”
“Among recent spending allocations by regulation, bailout payment for a Vic country nursing home – which subsequently closed anyway – in Nats held electorate. The govt refused to disclose amount it gave DP Jones home, arguing it was commercial-in-confidence. Reportedly $400,000”
“IT’S NOT APPROPRIATE TO BE SPENDING IT BASED ON WHERE A MARGINAL SEAT IS OR WHETHER IT IS TARGETED OR NOT. IT IS ABSOLUTELY APPALLING. THIS IS COMPLETELY IRRELEVANT TO WHAT IS IN THE PUBLIC INTEREST.”
“A separate $345,000 grant was made recently to News Corp to set up and run a children’s news website and competition called The PM’s Spelling Bee.
In total, since March 1 last year, the grants authorised by regulation were valued at $4.69 billion.”
In total, since March 1 last year, the grants authorised by regulation were valued at $4.69 billion.”
“Some of these grants have been publicly announced and others have not.
The figures come from the senate standing committee for the scrutiny of delegated legislation, which is tasked with examining every regulation and alerting the senate to any concerns.”
The figures come from the senate standing committee for the scrutiny of delegated legislation, which is tasked with examining every regulation and alerting the senate to any concerns.”
