The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 10:00, read prayers and made an acknowledgement of country.
That the Senate records its deep regret at the death, earlier this month, of Harry Evans, Clerk of the Senate from 1988 to 2009, places on record its appreciation of his long and meritorious service to the Parliament of Australia, and particularly to the Senate, and tenders its profound sympathy to his family in their bereavement.
Without its permanent administrative officials, Parliament would be a rudderless ship, a ship of state with many captains, lots of passengers, but no crew.
Governments are supposed to be accountable to parliament, and through parliament to the electorate …
Under the cabinet system, however, governments normally control lower houses through disciplined party majorities. Lower houses are not able to hold governments accountable, because governments simply use their majority to limit debate and inquiry in relation to their activities. Indeed, governments use their lower house majorities to suppress and limit accountability. They thereby seek to conceal their mistakes and misdeeds and prevent the electorate passing an informed judgement.
In this situation, upper houses not controlled by the government of the day are the only avenue for accountability to parliament.
A reviewing house without power over legislation would be ineffective. This is why the framers gave the Senate full legislative powers.
Even persons eminent in the legal profession would not attempt to pose as experts in parliamentary practice and procedure.
… every constitutional, parliamentary and procedural issue launched a bevy of appeals to the Westminster model. Whatever was allegedly done at Westminster was thought to be our infallible guide.
… … …
Nowadays invocations of Westminster are only occasionally made, and lack the air of authority they once had. We now appeal to general principles of governance and our own practices.
Here the executive government not only controls the legislature but exercises an iron discipline over it. This is particularly obvious in lower houses around the country, where the executive totally dominates and absolutely controls those houses, to the extent that the legislative function is virtually killed off.
After more than 40 years of service to the Senate, Harry Evans’s contribution can be measured in much greater terms than simply time served. A renowned expert on parliamentary privilege, Harry was the principal critic of the judgments of Mr Justice Cantor and Mr Justice Hunt in the case of R v Murphy which were the catalyst for the enactment of theParliamentary Privileges Act 1987 . His next challenge was to rationalise the Senate’s standing orders, transforming them—
… a somewhat antiquated and motley collection into a rational body of rules written in plain English and appropriate for a modern parliament. While the revised standing orders were a codification of existing practice, they contain many examples of Harry’s formidable capacity for reducing complicated things to simple and crystal clear prescriptions.
There are many other examples of his ability to devise and draft procedures to give effect to senators’ desires to see the Senate performing its functions more effectively. Also formidable is Harry’s body of writing on parliamentary matters. In 1994, he produced a new version of the classic text, Australian Senate Practice , renamed asOdgers’ Australian Senate Practice after its first author and Clerk of the Senate from 1965 to 1979, James Rowland (Jim) Odgers. During his time as Clerk of the Senate, Harry produced six editions of this major parliamentary work, ensuring the availability of the most up-to-date information about the evolving Senate, its constitutional position and its procedures. ‘The Book’, as he fondly called it, remains as a testament to his endeavours to promote the institution of Parliament, and the Senate in particular, as one of the last bulwarks against executive domination. A collection of his other writings was published in February 2010 as a special issue of the department’s journal,Papers on Parliament .
Senators paid tribute to their retiring Clerk on 19 November 2009 and a recurring theme was the independence and impartiality which Harry Evans brought to the performance of his office and the fearlessness with which he defended the powers and role of the Senate. While his advice was not always appreciated by governments, Harry achieved the distinction of being criticised by governments of all complexions and—
respected by all.
As a chief executive officer, Harry Evans also represented the highest standards of ethical leadership, probity and the pursuit of value for money on behalf of the taxpayer. The Senate committee inquiry process remains one of the most cost-effective means of scrutinising governments’ policies, operations and legislative proposals, and the Committee Office operates at a fraction of the cost of such agencies as the Productivity Commission or the Australian National Audit Office.
Harry was a shy and modest man who led by example. We remember him as a generous mentor to those of us who wanted to learn about the Senate and its procedure. As an administrator, he was not afraid to make a decision and his efficiency in clearing paperwork was legendary. He also possessed a wry sense of humour that many of his colleagues will long remember.
Knowledge has always been power, but the management of information has become the key to government.
That government business order of the day no. 1 (National Security Legislation Amendment Bill (No. 1) 2014) be postponed till the next day of sitting.
The release today of the federal government’s repeal day legislation marks a turning point in dealing with the high costs and inefficiencies faced by businesses and consumers in our economy.
A typical university is also required to report over 50 different data sets to the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education (DIICCSRTE) annually, comprising 200 reporting instances per year, and over 50 data sets to other Government departments.
The Governor-General may, from time to time, by order published in the Gazette, after report to the Minister by the Dried Fruits Control Board constituted under the Dried Fruits Export Control Act 1924, exempt dried currants, dried sultanas or dried lexias from the charges imposed by this Act.
… while there is now a commendable focus on advancing reforms to some 27 regulatory ‘hot spots’ that add to the costs of doing business across jurisdictions …
… no reforms (other than wine labelling!) have yet been implemented. Less than half are on track for completion within the original timeframes.
Prior to licences being granted for subsidence mining operations on floodplains that have underlying groundwater systems forming part of the Murray-Darling system inflows, an independent expert study must be undertaken to determine the impacts of the proposed mining operations on the connectivity of groundwater systems, surface water and groundwater flows and water quality.
…take a giant pair of scissors to the red tape that is strangling small business.
(1) Clause 2, page 2 (table item 2, column headed "Provision(s)"), omit "5", substitute "4".
(2) Schedule 5, page 54 (line 1) to page 67 (line 4), to be opposed.
The committee divided. [13:32]
(The Temporary Chairman—Senator Marshall)
The committee divided. [13:38]
(The Chairman—Senator Marshall)
(1) Schedule 2, page 9 (line 2), omit the heading.
(2) Schedule 2, item 5, page 9 (lines 3 to 15), to be opposed.
(3) Schedule 2, page 9 (line 16), omit the heading.
(4) Schedule 2, items 6 to 16, page 9 (line 17) to page 11 (line 6), to be opposed
The effect of the amendments are to remove the ACMA’s statutory duty to investigate complaints that do not fall in the limited categories for exemption. Instead the ACMA would have discretion to investigate the complaint if the ACMA considered it is desirable to do so.
We are particularly appreciative of the extent of Australia's commitment from obviously so far away—it is very meaningful and important.
It should be seen for what it was: a mechanism that holds both sides to account and which can help deliver projects on time and on budget
… a step in the right direction, they are really quite modest.
… the principle of consumers being able to access advice that helps them meet their financial needs is undermined by the existence of conflicted remuneration structures in financial advice.
That the Senate take note of the document.
Regrettably, for some time to come, the delicate balance between freedom and security may have to shift. There may be more restrictions on some so that there can be more protection for others. After all, the most basic freedom of all is the freedom to walk the streets unharmed and to sleep safe in our beds at night.
Creating new offences that are harder to beat on a technicality may be a small price to pay for saving lives and maintaining the social fabric of an open, free and multicultural nation.
We should never make the millions of Australians, or the people who have become Australians—people of every nation and every faith—feel less safe or less welcome. We will not overcome hatred with hatred, we will not overcome intolerance by being intolerant.
… the US-led war in Iraq was a motivating factor for terrorists.
… to ensure that the Islamic community was properly engaged and was not marginalised …
That the following general business orders of the day be considered on Thursday, 25 September 2014 under the temporary order relating to the consideration of private senators’ bills:
No. 7 Fair Trade (Australian Standards) Bill 2013.
No. 2 Health Insurance Amendment (Medicare Funding for Certain Types of Abortion) Bill 2013.
That leave of absence be granted to the following senators:
(a) Senator Johnston, from 22 September to 25 September 2014, on account of ministerial business;
(b) Senator Fawcett, for today, for personal reasons; and
(c) Senator Sinodinos, for today, for personal reasons.
That leave of absence for parliamentary duties be granted to the following three senators:
(a) Senator Conroy, for today, 22 September 2014;
(b) Senator Singh, for 22 September to 25 September 2014; and
(c) Senator Peris, for 24 September and 25 September 2014, for personal reasons.
That the Joint Standing Committee on Foreign Affairs, Defence and Trade be authorised to hold a public meeting during the sitting of the Senate today, from 5.30 pm to 6.30 pm.
That the Senate—
requests that the Minister representing the Minister for Immigration and Border Protection provide the chamber with an update on the events that led to the death of Iranian refugee, Mr Hamid Kehazaei.
Pursuant to standing order 75, I give notice that today I propose to move that, in the opinion of the Senate, the following is a matter of urgency:
"The need for the Prime minister to attend the United Nations Climate Summit 2014, and to recognise that Australia's emissions reduction target is inadequate."
That, in the opinion of the Senate, the following is a matter of urgency:
"The need for the Prime minister to attend the United Nations Climate Summit 2014, and to recognise that Australia's emissions reduction target is inadequate."
'We were one of the campaigners for Australia to be on the Security Council, we bought along many of our bodies to do that, on the understanding that Australia-Pacific islands relationship is close, not subject to the whims of one or two politicians from time to time, it is based on stability and long-term relations, so this is very disappointing for us, [that you would] come and be friendly when you want to be on the Security Council, but after you do that, you do your own thing.'
He said that 'betrayal' was too strong a word to use for now, 'but it may not be soon'.
Fighting climate change would help grow the world economy, according to the World Bank, adding up to $2.6 trillion a year to global GDP in the coming decades.
The Senate divided. [17:14]
(The President—Senator Parry)
Documents presented out of sitting
That the Senate take note of the document.
That the report be printed.
That the Senate take note of the reports.
That senators be discharged from and appointed to committees as follows:
Community Affairs Legislation and References Committees—
Appointed—Participating member: Senator Rice
Economics Legislation and References Committees—
Appointed—Participating member: Senator Rice
Education and Employment Legislation and References Committees—
Appointed—Participating members: Senators Rice and Wang
Environment and Communications Legislation and References Committees—
Appointed—Participating member: Senator Rice
Finance and Public Administration Legislation and References Committees—
Appointed—Participating member: Senator Rice
Foreign Affairs, Defence and Trade Legislation and References Committees—
Appointed—Participating member: Senator Rice
Legal and Constitutional Affairs Legislation Committee—
Appointed—
Substitute member: Senator Hanson-Young to replace Senator Wright for the committee’s inquiry into the Guardian for Unaccompanied Children Bill 2014
Participating members: Senators Rice and Wright
Legal and Constitutional Affairs References Committee—
Appointed—Participating member: Senator Rice
Rural and Regional Affairs and Transport Legislation and References Committees—
Appointed—Participating members: Senators Lazarus and Rice.
(1) Schedule 2, page 11 (line 7), omit the heading.
(2) Schedule 2, items 17 to 23, page 11 (line 8) to page 12 (line 16), to be opposed.
The Senate divided. [18:08]
(The Deputy President—Senator Marshall)
That this bill be now read a third time.
The Senate divided. [18:12]
(The President—Senator Parry)
It will enable more efficient and effective delivery of policy and programme activities related to the health workforce, to ensure Australia continues to have a high quality, capable and well distributed health workforce, delivering frontline health services for all Australians.
The main reason for being concerned about the integration of the two agencies into the Department of Health is the impact this will have on the political importance and resources that will be attached to the work they have been undertaking to good effect.
The core functions currently performed by HWA are becoming more rather than less important. Driven by Australia’s aging population, increasing levels of chronic disease and the emergence of new healthcare technologies, there will be a need for changing models of healthcare which in turn dictates changing workforce needs. Hence, there is a significant imperative for the timely collection and analysis of detailed and accurate health workforce data. This data needs to be able to be considered at a national, State and local level. HWA’s health workforce data collection and analysis functions also need to be seen in the broader context of its role in facilitating and developing new models of care … The continuation of these related functions needs to be assured following the abolition of HWA.
The Senate divided. [20:24]
(The President—Senator Parry)
That this bill be now read a third time.
The RACP is concerned that the repeal of the Australian National Preventive Health Agency (ANPHA) sends a very negative signal to the community about the value of preventive health, especially as it comes on top of the discontinuation of the National Partnership Agreement on Preventive Health.
Obesity, tobacco use and alcohol consumption feature in the top seven preventable risk factors that influence the burden of disease, with over 7% of the total burden being attributed to each of obesity and smoking, and more than 3% attributed to the harmful effects of alcohol. Along with a range of other risk factors, and accounting for their interactions, approximately 32% of Australia’s total burden of disease can be attributed to modifiable risk factors.
Embedding prevention and early intervention
Among health commentators, it is almost axiomatic to say that we have an excellent ‘sickness’ system, but not a system focused on keeping us healthy.
The availability of preventative interventions, the change in disease patterns, and the ability and support available to introduce and persist with prevention makes this aspect of care a ‘no-brainer’.
The Greens believe that the real challenge for our health system, now and into the future, is managing illness in a way that keeps people out of hospital and well. We believe the evidence is overwhelming that our health policies should focus on keeping people well, preventing illness and better managing illness in the community. We strongly believe in preventative health measures and believe that we should be investing in preventative health measures.
… Tasmania has a higher burden of chronic disease and higher smoking rates, and we need to do more to encourage preventive health care and chronic disease management. That is why I think the co-payment is probably going to affect Tasmanians more than it affects people in other jurisdictions.
… we need to do more to encourage preventive health care …
Preventive action costs relatively little but has been at the heart of Australia's status as one of the world's longest-lived and healthiest countries. Despite its undoubted benefit-cost ratio, only around three per cent of Australia's health dollar is currently spent on health promotion and illness prevention. It is to be hoped that the value of this three per cent will be monitored and that there will be a sustained effort to increase it.
To be effective, health promotion efforts need to be sustained through time. The experience with skin cancer prevention campaigns, for example, has shown that benefits can take many years to come to fruition. Work to tackle issues such as high levels of alcohol consumption and smoking, diabetes and obesity should have the benefit of being sustained.
Long-term and well-planned preventive health measures are highly effective investments, and necessary to address many of the chronic health issues exacerbated by lifestyle related behaviours and choices. Chronic disease is rising in incidence in Australia and is placing increasing pressures on our healthcare system—both from a patient care and a cost perspective—and needs to be addressed.
Jaws dropped. Tears formed. The group was overwhelmed and for a distinct moment, silent. I realized I was witnessing hope. It was so powerful—I will never forget it.