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2010-2011-2012-2013
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
Overseas Aid (Millennium Development Goals) Bill 2013
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Rhiannon)
Overseas Aid (Millennium Development Goals) Bill 2013
OUTLINE
The Overseas Aid (Millennium Development Goals) Bill 2013 will enshrine
into law the Australian Government's moral duty to meet its existing
commitment to United Nations aid targets. Further, it will improve the
quality of Australian aid so that the Australian community can be assured
that aid money is spent effectively on alleviating poverty overseas. The
bill also establishes an independent aid watchdog to make the Government
more accountable for its aid spending decisions.
The bill seeks to ensure that Australia provides appropriate levels of
official development assistance to contribute to achieving the United
Nations Millennium Development Goals by outlining a timetable for
increasing Australia's aid spending.
The bill requires the Minister for Foreign Affairs and Trade to provide the
Parliament with an annual statement outlining the amount of Australia's
annual official development assistance. Should Australia fail to
adequately meet the Millennium Development Goals targets the bill requires
that the Minister tables reasons explaining that failure to the Parliament.
The bill establishes an Independent Commissioner on Aid Effectiveness,
whose role is to consider the relevance, impact, value for money and
sustainability of Australia's development assistance. The bill defines the
terms of appointment of the Commissioner and stipulates that the
Commissioner will provide reports to the Minister with recommendations
which must be tabled in Parliament. The Minister will be required to
respond to any recommendations made in the reports, and to table the
response in Parliament.
NOTES ON CLAUSES
Part 1 - Preliminary
Clause 1 - Short Title
This clause is a formal provision specifying the short title of the Bill.
Clause 2 - Commencement
This clause provides for the commencement of the Act.
Clause 3 - Objects
This clause states the objectives of the Act.
Clause 4 - Definitions
This clause provides definitions for key terms in the Act.
Part 2 - United Nations targets for official development assistance
Clause 5 - Targets
This clause provides for a timetable for meeting United Nations targets
between 2015-16 to 2020-21, whereby Australia provides official development
assistance of 0.5% of Gross National Income (GNI) by 2015-16, rising to 0.7
per cent of GNI by 2020-21 and for all years beyond that.
Clause 6 - Annual Statement
This clause requires the Minister to table in Parliament an annual
statement about the amount of official development assistance provided
by Australia and whether that amount was sufficient to meet the
timetable set out in United Nation's Millennium Development Goals.
Further, where the amount was not sufficient the Minister must report
how the goals will be met in future years.
Clause 7 - United Nations Millennium Development Goals
This clause provides that Australia continues to satisfy its
international obligations beyond the 2020-21 timetable as outlined in
Clause 5 - Targets.
Part 3 - Independent Commissioner on Aid Effectiveness
Clause 8 - Establishment of role of Commissioner
This clause establishes an Independent Commissioner on Aid
Effectiveness.
Clause 9 - Commissioner has privileges and immunities of the Crown
This clause provides the Commissioner with privileges and immunities of
the Crown.
Clause 10 - Functions of the Commissioner
This clause outlines the key role of the Commissioner to evaluate the
effectiveness of Australia's official development assistance and to
report on these issues to the Parliament.
Clause 11 - Reports to be tabled in Parliament
This clause provides the process for the tabling of reports in
Parliament.
Clause 12 - Appointment
This clause provides that the Commissioner be appointed by the Governor-
General on a full time basis.
Clause 13 - Term of Appointment
This clause provides that the Commissioner will be appointed for a
period of up to five years.
Clause 14 - Acting Commissioner
This clause provides that the Minister may appoint an acting
Commissioner in certain circumstances.
Clause 15 - Remuneration
This clause outlines the remuneration of the Commissioner.
Clause 16 - Leave of absence
This clause outlines leave entitlements for the Commissioner.
Clause 17 - Disclosure of Interests to the Minister
This clause provides that the Commissioner will disclose in writing
any conflict of interest that the Commissioner has or acquires that
may conflict with the performance of the Commissioner's functions.
Clause 18 - Outside Employment
This clause states that the Commissioner will not engage in other paid
employment during their appointment without the prior approval of the
Minister.
Clause 19 - Other terms and conditions
This clause allows the Minister to determine any other terms of
conditions of employment for the Commissioner not covered by this Act.
Clause 20 - Resignation
This clause provides that the Commissioner must give signed notice of
his or her resignation.
Clause 21 - Termination of Employment
This clause provides for the grounds upon which the Governor-General
can terminate the appointment of the Commissioner.
Clause 22 - Delegation
This clause provides for the instrument in writing for the
Commissioner to delegate his or her responsibilities to staff
appointed to the Commissioner.
Clause 23 - Staff
This clause provides for the Minister to appoint departmental staff to
assist the Commissioner. Such staff will report to the Commissioner.
Clause 24 - Consultants
This clause provides that the Commissioner may engage consultants to
assist in carrying out his or her functions under the Act.
Clause 25 - Annual report
This clause requires the Commissioner to produce an Annual Report and
submit it to the Minister following the end of each financial year.
The report must include the Commissioner's evaluation of both aid
spending over the past financial year and his or her performance of
the Commissioner's functions. It also requires the Minister to table
the report in Parliament with 15 sitting days.
Part 4 - Other Amendment
Clause 26 - Appropriation
This clause specifies that monies be appropriated to appoint the
Independent Commissioner on Aid Effectiveness and carry out the
functions of this Act.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011
Overseas Aid (Millennium Development Goals) Bill 2013
This Bill is compatible with the human rights and freedoms recognised or
declared in the international instruments listed in section 3 of the Human
Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
The Overseas Aid (Millennium Development Goals) Bill 2013 aims to improve
the quality and effectiveness of Australian aid so that the Australian
community can be assured that aid money is spent on alleviating poverty
overseas.
It outlines a timetable for increasing Australia's aid spending to
contribute to the United Nations Millennium Development Goals, requires the
Minister for Foreign Affairs and Trade to provide the Parliament with an
annual statement outlining the amount of Australia's annual official
development assistance. The bill also establishes an Independent
Commissioner on Aid Effectiveness, whose role is to consider the relevance,
impact, value for money and sustainability of Australia's development
assistance. The Commissioner will report any findings to the Minister who,
in turn must table those reports in the Parliament and also table his or
her response.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms in a
negative way. Rather, it enhances Australia's humanitarian responsibility
to deliver aid to developing countries and alleviate global poverty by
making the Government's aid spending program more effective and
accountable.
Conclusion
This Bill is compatible with human rights as it does not raise any human
rights issues.
Greens Senator Lee Rhiannon