15 December 2023

Senator Andrew Bragg
Senator for NSW
By email: Senator.Bragg@aph.gov.au

Dear Senator

Request for an audit of the use of public resources in relation to the legal dispute concerning the Commonwealth and Dr Monique Ryan MP

I am writing as a follow-up to my letter dated 6 April 2023 which advised that the ANAO will make enquiries regarding the matter identified in your letter of 8 March 2023 in the course of our 2022–23 financial statements audit of the Department of Finance. Auditor-General Report No.9 (2023-24) Audits of the Financial Statements of Australian Government Entities ended 30 June 2023 was tabled in the Parliament on 14 December 2023 and includes the results of these enquiries. Please find a link to the report on our website: Financial statement audit reports.

The ANAO performed testing over selected transactions relating to this matter. The ANAO confirmed the relevant requirements and processes that apply to this type of matter include:

• The Department of Finance (Finance) manages Comcover, a self-managed scheme, that provides insurance cover to General Government Sector Commonwealth entities, for all normally insurable risks (excluding Comcare worker’s compensation) and other specific risks.
• Comcover covers workplace claims brought against the Commonwealth by Commonwealth staff, including staff employed under the Members of Parliament (Staff) Act 1984 (MoP(S) Act).
• Finance’s Comcover claims management processes are governed by the Legal Services Directions 2017, Public Governance, Performance and Accountability Act 2013 (PGPA Act) and other relevant laws. As part of the management of claims, external legal advice and representation is sought from legal service providers procured from the Whole of Government Legal Services Panel.
• if required, members’ representation is managed and funded separately via insurance cover provided under the Parliamentary Business Resources (PBR) framework including the Parliamentary Business Resources Act 2017. The Ministerial & Parliamentary Services branch within Finance arrange that separate parliamentarian insurance cover using the approved, whole of government insurance broker. [paragraph 4.7.27]¹

Based on the testing performed by the ANAO, the payments made by the Commonwealth were in accordance with the relevant legislative frameworks and no control deficiencies or instances of non-compliance were identified. [paragraph 4.7.28]²

I hope this information is of assistance to you.

Yours sincerely

Grant Hehir

Auditor-General for Australia

¹ Auditor-General Report No.9 (2023–24) Audits of the Financial Statements of Australian Government Entities ended 30 June 2023

² Auditor-General Report No.9 (2023–24) Audits of the Financial Statements of Australian Government Entities ended 30 June 2023 

11 May 2023

Senator Andrew Bragg
Liberal Senator for New South Wales
By email: Senator.Bragg@aph.gov.au

Dear Senator Bragg

Request for an audit of the use of public resources in relation to the legal dispute concerning the Commonwealth and Dr Monique Ryan MP

I am writing in response to your letter of 18 April 2023 where you have requested a timeline for finalisation of the 2022–23 financial statements audit of the Department of Finance.

I will report on the results of the financial statements audits of all Australian Government Entities, including the Department of Finance, in the report to the Parliament, Audits of the Financial Statements of Australian Government Entities. This report is expected to be tabled in the Parliament in December 2023.

I hope this information is of assistance to you.

Yours sincerely

Grant Hehir

6 April 2023

Senator Andrew Bragg
Liberal Senator for New South Wales
By email: Senator.Bragg@aph.gov.au

Dear Senator Bragg

Request for an audit of the use of public resources in relation to the legal dispute concerning the Commonwealth and Dr Monique Ryan MP

I am writing in response to your letter of 8 March 2023 requesting that I consider an audit into the use of public resources in relation to the legal disputes concerning the Commonwealth and Dr Monique Ryan MP.

Payments made by the Commonwealth, including in relation to legal matters, are subject to financial audit by the ANAO. In the course of our 2022–23 financial statements audit of the Department of Finance, we will make enquiries regarding the matters identified in your letter. The Department of Finance’s responses will inform my consideration of whether to conduct further audit or assurance activity.

I report on the audits of financial statements to the Parliament twice a year. The first of these reports, Interim Report of Key Financial Controls of Major Entities, reports on our coverage of key financial systems and controls in major Australian Government entities, including the Department of Finance. The second report, Audits of the Financial Statements of Australian Government Entities, reports on the results of the financial statements audits of all Australian Government Entities. The 2022–23 reports are expected to be tabled in the Parliament in June and December 2023 respectively.

I hope this information is of assistance to you.

Yours sincerely

Grant Hehir