The SPEAKER (Hon. Peter Slipper) took the chair at 09:00, made an acknowledgement of country and read prayers.
Judges and Governors-General Legislation Amendment (Family Law) Bill 2012
That this bill be now read a second time.
That business intervening before order of the day No. 3, government business, be postponed until a later hour this day.
Higher Education Support Amendment Bill (No. 1) 2012
(1) Schedule 1, item 2, page 3 (lines 6 and 7), omit the item.
(2) Schedule 1, item 4, page 3 (lines 10 and 11), omit the item.
The House divided. [09:44]
(The Speaker—Hon. Peter Slipper)
That this bill be now read a third time.
Road Safety Remuneration Bill 2011
Road Safety Remuneration (Consequential Amendments and Related Provisions) Bill 2011
They are too big … You can't dictate the terms and conditions of what people have got to trade with you. And they are getting to that stage. They are trying to dictate to everyone.
They are expecting everything for nothing. They are going to crucify the farmers, crucify the bread manufacturers …
Australia’s truck drivers work hard to make a living.
But they shouldn’t have to die to make a living …
NSW Deputy Coroner Dorelle Pinch expressed the consequence of the heightened 'exposure to risk' that is part of the trucking industry in her 2003 findings regarding the tragic death of employee drivers Anthony Forsythe, Barry Supple and Timothy John Walsh.
As long as driver payments are based on a (low) rate per kilometre there will always be an incentive for drivers to maximise the hours they drive, not because they are greedy but simply to earn a decent wage.
I am doing 24 hours in unpaid waiting times a week. With trailers being pre-loaded by ... I cannot afford to wait another hour or so unpaid while they unload and reload a set of trailers to get the legal weight. I carry overweight regularly and I don't have a choice.
… data at this point in time is limited and being definitive around the causal link between rates and safety is difficult.
… speed and fatigue are often identified as the primary cause for a crash but it is a much harder task to prove that drivers were speeding because of the manner or quantum of their remuneration.
... these workers are likely to increase, rather than decrease, their labour availability in response to a Road Safety Remuneration Order (RSRO) which marginally improved remuneration levels for these workers ...
... it does not follow that establishing higher minimum rates or prohibiting certain methods of payment will result in drivers changing their unsafe practices.
... the Government has indicated its intention to expand coverage by exploring the possibility of referrals of power from state governments to enable expansion of the scheme to employees and owner drivers not within Commonwealth legislative power.
As long as driver payments are based on a (low) rate per kilometre there will always be an incentive for drivers to maximise the hours they drive, not because they are greedy but simply to earn a decent wage.
A number of submissions have argued that the 'payment by results' method used in road transport is a major contributor to driver fatigue. This type of payment may encourage drivers to work longer hours to increase their earnings.
Customer and consignor requirements on price, schedules and loading/unloading and freight contracts more generally, in conjunction with the atomistic and intensely competitive nature of the industry, encourage problematic tendering practices, unsustainable freight rates and dangerous work practices.
Speed and fatigue are often identified as the primary cause for a crash but it is a much harder task to prove that drivers were speeding because of the manner or quantum of their remuneration.
Data at this point in time is limited and being definitive around the causal link between rates and safety is difficult.
These workers are likely to increase, rather than decrease, their labour availability in response to a Road Safety Remuneration Order which marginally improved remuneration levels for these workers …
Even if a causal connection between remuneration and unsafe practices is presumed to exist it does not follow that establishing higher minimum rates or prohibiting certain methods of payment will result in drivers changing their unsafe practices. Rather, if it is accepted that an individual's on road behaviour is influenced by the quantum of their remuneration it is conceivable that increased rates may further incentivise individuals to engage in behaviour such as the working of excessive hours in order to reap greater rewards.
It cannot be expected that driver remuneration will have any bearing on the remaining 69% of fatal heavy vehicle crashes.
It seems unlikely that the Bill would improve road safety for Mail Contractors.
… the Coalition members support further efforts to improve occupational health and safety outcomes, particularly fatigue reduction measures, for the transport industry …
When I was required to perform excessive hours I would sometimes experience a state of mind that I can only describe as hallucinations, which I considered to be due to sleep deprivation. I would 'see' trees turning into machinery, which would lift my truck off the road. I 'saw' myself run over motorcycles, cars and people. On one occasion I held up the highway in Grafton—
while waiting for a truck which was not there to do a three point turn (I was radioed by drivers behind me asking why I had stopped). I estimate that I had experiences like these roughly every second day. They were not an uncommon thing for me.
We don't want to be millionaires; we just want to be able to make a decent living safely.
A study, funded by NSW WorkCover, shows that truck drivers are frequently forced to break driving regulations in order to make a living. It showed drivers are working an average of 68 hours a week, while almost a third are breaking all driving laws and doing more than 72 hours a week. Only 25 per cent of drivers were paid waiting times, and almost 60 per cent of drivers surveyed were not paid for loading or unloading. 60 per cent of drivers admitted to “nodding off ” at the wheel over the last 12 months.
… truck drivers are still placed under what is, clearly, intolerable pressure in order to get produce to the markets or goods to their destination within a time fixed, not by any rational consideration of the risks involved in too tight a timetable, but by the dictates of the marketplace. Or, to put it bluntly, sheer greed on the part of the end users of these transport services.
It was certainly an issue during my time in NSW politics because we were very conscious that far too many truck drivers and members of the public die on our roads in crashes that are preventable.
… quite clearly someone has to stand up for the ordinary truck drivers who work long hours on our highways.
I understand that there are cost recovery pressures for drivers.
We have had a series of inquiries going back 10 or 11 years now, one of which I chaired, where we felt that the limits had already at that time been pushed to a point where drivers were not receiving fair reward … Just to say that you do not think there has been any evidence and that there has been a small decrease in the number of heavy vehicle road fatalities—I do not think that establishes anything.
The House divided. [11:50]
(The Speaker—Hon. Peter Slipper)
(1) Clause 4, page 3 (line 4), omit "33(2)", substitute "33(1)".
(2) Clause 4, page 3 (after line 4), after the definition of applicable services , insert:
approval - pending : see subsection 37A(5).
(3) Clause 4, page 3, after the proposed definition of approval - pending , insert:
approved road transport collective agreement means a road transport collective agreement for which an approval under Part 3 is in effect.
(4) Clause 4, page 3 (after line 28), after the definition of constitutional trade or commerce , insert:
contractor driver means a road transport driver who is an independent contractor.
(5) Clause 4, page 4 (line 10), omit "a safe remuneration approval", substitute "an approved road transport collective agreement".
(6) Clause 4, page 4 (after line 24), after the definition of immediate family , insert:
independent contractor is not confined to an individual.
(7) Clause 4, page 4 (after line 30), after the definition of inspector , insert:
lawyer means a person who is admitted to the legal profession by a Supreme Court of a State or Territory.
(8) Clause 4, page 5 (line 8), omit "33(3)", substitute "33(1)".
(9) Clause 4, page 5 (line 9), omit "33(2)", substitute "33(1)".
(10) Clause 4, page 5 (line 23), omit "subsection 33(2)", substitute "subsections 33(1) and (2)".
(11) Clause 4, page 6 (lines 16 and 17), omit the definition of safe remuneration approval .
(12) Clause 8, page 9 (lines 13 and 14), omit "road transport driver who is an independent contractor", substitute "contractor driver".
(13) Clause 13, page 13 (line 18), omit "road transport driver who is an independent contractor", substitute "contractor driver".
(14) Clause 19, page 17 (lines 18 to 20), omit paragraph (3)(d), substitute:
(d) an organisation that is entitled to represent the interests of a road transport driver or employer to whom the order will apply;
(15) Clause 19, page 17 (line 21), after "association", insert "(other than an organisation)".
(16) Clause 27, page 22 (lines 15 and 16), omit "road transport drivers who are independent contractors", substitute "contractor drivers".
(17) Clause 27, page 23 (line 6), after "date", insert ", or if there is a series of commencement dates, after the earliest of those dates".
(18) Clause 31, page 24 (line 8), omit "revoke the order and".
(19) Clause 31, page 24 (line 14), omit "not", substitute "decide not to".
(20) Clause 32, page 25 (lines 8 to 10), omit paragraph (2)(c), substitute:
(c) an organisation that is entitled to represent the interests of a road transport driver or employer to whom the order applies;
(21) Clause 32, page 25 (line 11), after "association", insert "(other than an organisation)".
(22) Heading to Part 3, page 26 (lines 1 to 3), omit the heading, substitute:
Part 3—Approval of certain collective agreements involving contractor drivers
(23) Page 26 (before line 5), before clause 33, insert:
32A Power to approve road transport collective agreements
(1) The Tribunal may approve a road transport collective agreement under this Part.
(2) In deciding whether to approve a road transport collective agreement, the Tribunal may have regard to whether the benefit of approving the agreement would outweigh the detriment to the public constituted by any lessening of competition that would result, or be likely to result, if the Tribunal approved the agreement.
(24) Clause 33, page 26 (lines 5 to 25), omit the clause, substitute:
33 Road transport collective agreements
( 1) Aroad transport collective agreement is an agreement:
(a) between:
(i) contractor drivers (the participating drivers ) with whom a hirer or potential hirer proposes to contract for the provision of specified road transport services (theapplicable services ); and
(ii) the hirer or potential hirer of the drivers (the participating hirer ); and
(b) that specifies:
(i) who the participating hirer is; and
(ii) who the participating drivers are; and
(iii) the basis on which the participating drivers became part of that group of drivers; and
(c) that specifies remuneration or related conditions (or both) for participating drivers who provide applicable services to the participating hirer.
Note: If the Tribunal approves the agreement, its effect is not limited to participating drivers: see section 36.
(2) However, an agreement made under any of the following laws is not a road transport collective agreement :
(a) Chapter 6 of the Industrial Relations Act 1996 of New South Wales (and any other provision of that Act to the extent that it relates to, or has effect for the purposes of, a provision of Chapter 6);
(b) the Owner Drivers and Forestry Contractors Act 2005 of Victoria;
(c) the Owner - Drivers (Contracts and Disputes) Act 2007 of Western Australia;
(d) a law of a State or Territory that is specified in regulations made for the purposes of this paragraph, to the extent that the law is so specified.
(3) The regulations may prescribe a code of conduct in relation to collective bargaining for road transport collective agreements.
(4) Before the Governor-General makes a regulation under subsection (3), the Minister must consult with industry and the Tribunal.
(5) A code of conduct prescribed under subsection (3) must have as its object the facilitation of effective and efficient collective bargaining for road transport collective agreements.
(6) Despite any other law of the Commonwealth, a State or a Territory, a road transport collective agreement has no effect unless it is an approved road transport collective agreement.
Note: Subsection (6) does not affect agreements made under any of the laws mentioned in subsection (2), as they are not road transport collective agreements.
(25) Clause 34, page 26 (line 27), omit "grant a safe remuneration approval for", substitute "approve".
(26) Clause 34, page 27 (after line 5), after paragraph 34(c), insert:
(ca) the participating hirer and the participating drivers have conducted themselves in accordance with any code of conduct prescribed under subsection 33(3); and
(27) Heading to clause 35, page 27 (line 9), omit the heading, substitute:
35 Approval of road transport collective agreements
(28) Clause 35, page 27 (line 10), omit "decides to grant a safe remuneration approval for", substitute "approves".
(29) Clause 35, page 27 (lines 13 and 14), omit "road transport drivers", substitute "contractor drivers".
(30) Clause 35, page 27 (line 16), omit "In addition to the statement in subsection (1), the approval must", substitute "The statement under subsection (1) must also".
(31) Clause 35, page 27 (lines 23 and 24), omit "road transport driver", substitute "contractor driver".
(32) Clause 35, page 27 (line 29), omit "approval", substitute "statement".
(33) Clause 35, page 27 (line 31), omit "approval", substitute "statement".
(34) Heading to clause 36, page 28 (line 1), omit the heading, substitute:
36 Effect of approval
(35) Clause 36, page 28 (lines 2 to 6), omit subclause (1), substitute:
(1) The participating hirer in relation to an approved road transport collective agreement must not provide remuneration or related conditions, to a contractor driver who is providing applicable services to the participating hirer, that are less beneficial than the remuneration or related conditions specified in the agreement.
(36) Clause 36, page 28 (line 8), omit "road transport driver", substitute "contractor driver".
(37) Clause 36, page 28 (line 10), omit "to which the approval relates".
(38) Clause 37, page 28 (lines 13 and 14), omit "grants a safe remuneration approval has no effect in relation to a road transport driver", substitute "approves a road transport collective agreement has no effect in relation to a contractor driver".
(39) Clause 37, page 28 (lines 16 to 22), omit subclause (2), substitute:
(2) If a road safety remuneration order takes effect after the Tribunal approves a road transport collective agreement, the agreement ceases to have effect in relation to a contractor driver to the extent that the remuneration or related conditions specified in the agreement are less beneficial to the driver than a term of the order that applies to the driver.
(40) Page 28 (after line 22), after clause 37, insert:
37A Authorisation of conduct for the purposes of the Competition and Consumer Act 2010
Conduct in accordance with approved road transport collective agreement
(1) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010 , anything done in accordance with an approved road transport collective agreement by:
(a) the participating hirer; or
(b) a contractor driver who is providing applicable services to the participating hirer; or
(c) a person representing a person or persons referred to in paragraph (a) or (b);
is specified in and specifically authorised by this Act.
Entry into approval-pending road transport collective agreement
(2) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010 , entry into an approval-pending road transport collective agreement by:
(a) a hirer or potential hirer of contractor drivers; and
(b) contractor drivers;
is specified in and specifically authorised by this Act.
Conduct in preparation for or incidental to entry into or obtaining approval of approval-pending road transport collective agreement
(3) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010 , anything:
(a) done by:
(i) a hirer or potential hirer of contractor drivers; or
(ii) a contractor driver; or
(iii) a person representing a person or persons referred to in subparagraph (i) or (ii); and
(b) done in preparation for, or incidental to, entry into, or seeking approval of, an approval-pending road transport collective agreement;
is specified in and specifically authorised by this Act.
Certain conduct not protected
(4) Despite subsections (1), (2) and (3), conduct referred to in those subsections is not specified in or specifically authorised by this Act if the conduct is:
(a) making a contract or arrangement, or arriving at an understanding, that is or contains an exclusionary provision within the meaning of section 4D of the Competition and Consumer Act 2010 ; or
(b) conduct that is boycott conduct within the meaning of subsection 87AA(2) of the Competition and Consumer Act 2010 .
Meaning of approval-pending
(5) A road transport collective agreement is approval - pending if:
(a) approval of the agreement under this Part is intended to be or has been sought; and
(b) the Tribunal has neither approved nor refused to approve the agreement.
(41) Heading to clause 38, page 28 (line 23), omit "safe remuneration".
(42) Clause 38, page 28 (line 24), omit "A safe remuneration approval", substitute "The approval of a road transport collective agreement".
(43) Clause 38, page 28 (line 25), omit "in", substitute "for".
(44) Heading to clause 39, page 28 (lines 26 and 27), omit the heading, substitute:
39 Approvals to be given by dual FWA member or Full Bench
(45) Clause 39, page 28 (line 28), omit "granting safe remuneration approvals", substitute "approving road transport collective agreements".
(46) Clause 40, page 29 (line 13), at the end of subclause (1), add:
; and (c) if subsection 41(2) or 42(2) applies to the dispute—the application is made before the end of the relevant period under section 40A.
(47) Page 29 (after line 16), after clause 40, insert:
40A Time limit for certain applications
(1) For the purposes of paragraph 40(1)(c), an application must be made before the end of:
(a) the period of:
(i) if subsection 41(2) applies—14 days after the dismissal took effect; or
(ii) if subsection 42(2) applies—28 days after the termination took effect; or
(b) if the Tribunal allows a further period under subsection (2)—the further period allowed by the Tribunal.
(2) The Tribunal may allow a further period for the application to be made if the Tribunal is satisfied that there are exceptional circumstances, taking into account:
(a) the reason for the delay; and
(b) whether the road transport driver first became aware of the dismissal or termination after it had taken effect; and
(c) any action taken by the driver to dispute the dismissal or termination; and
(d) prejudice to the employer or hirer of the driver (including prejudice caused by the delay); and
(e) the merits of the application; and
(f) fairness as between the driver and other drivers in a similar position.
(48) Heading to clause 42, page 30 (line 15), omit the heading, substitute:
42 Disputes involving contractor drivers
(49) Heading to subclause 42(1), page 30 (line 16), omit the heading, substitute:
Dispute between contractor driver and hirer
(50) Clause 42, page 30 (lines 17 and 18), omit "road transport driver who is an independent contractor", substitute "contractor driver".
(51) Heading to subclause 42(2), page 30 (line 23), omit the heading, substitute:
Dispute between contractor driver and former hirer
(52) Clause 42, page 30 (lines 24 and 25), omit "road transport driver who is an independent contractor", substitute "contractor driver".
(53) Clause 46, page 33 (table item 1, column 2), omit "a registered employee association", substitute "an organisation".
(54) Clause 46, page 34 (table item 2, column 2), omit "a registered employee association", substitute "an organisation".
(55) Clause 46, page 34 (table item 3, column 2), omit "a registered employee association", substitute "an organisation".
(56) Clause 46, page 34 (table item 5, column 2), omit "a registered employee association", substitute "an organisation".
(57) Clause 47, page 35 (line 6), omit "A registered employee association", substitute "An organisation".
(58) Clause 47, page 35 (line 11), omit "association", substitute "organisation".
(59) Clause 47, page 35 (line 13), after "association", insert "(other than an organisation)".
(60) Clause 61, page 41 (lines 4 and 5), omit "in relation to safe remuneration approvals", substitute "of approved road transport collective agreements".
(61) Clause 80, page 53 (line 19), omit "grant safe remuneration approvals in relation to", substitute "approve".
(62) Clause 80, page 53 (lines 26 and 27), omit paragraph 80(e), substitute:
(e) any other functions prescribed by the regulations;
(f) any other functions conferred on the Tribunal by another law of the Commonwealth.
(63) Clause 92, page 59 (lines 29 and 30), omit "to grant, or refuse to grant, a safe remuneration approval in relation to", substitute "to approve, or refuse to approve,".
(64) Clause 117, page 71 (line 28), omit "granted", substitute "approved".
Despite any other law of the Commonwealth, a State or a Territory, a road transport collective agreement has no effect unless it is an approved road transport collective agreement.
The regulations may prescribe a code of conduct in relation to collective bargaining for road transport collective agreements.
… the participating hirer and the participating drivers have conducted themselves in accordance with any code of conduct prescribed under subsection 33(3) …
A code of conduct prescribed under subsection (3) must have as its object the facilitation of effective and efficient collective bargaining for road transport collective agreements.
Before the Governor-General makes a regulation under subsection (3)—
the Minister must consult with industry and the Tribunal.
Under the carbon tax, drivers will be forced to do longer hours, sweat their trucks further, have less maintenance, and that means more deaths.
How are we going to meet the extra $100 to $200 a week when this tax starts smacking truck drivers right in the teeth?
A Bill for an Act to make provision in relation to remuneration-related matters to improve safety in the road transport industry, and for related purposes
… In deciding whether to approve a road transport collective agreement, the Tribunal may have regard to whether the benefit of approving the agreement would outweigh the detriment to the public constituted by any lessening of competition …
The participating hirer in relation to an approved road transport collective agreement must not provide remuneration or related conditions, to a contractor driver who is providing applicable services to the participating hirer, that are less beneficial than the remuneration or related conditions specified in the agreement.
Despite any other law of the Commonwealth, a State or a Territory, a road transport collective agreement has no effect unless it is an approved road transport collective agreement.
that specifies remuneration or related conditions (or both) for participating drivers who provide applicable services to the participating hirer.
(1) A road transport collective agreement is an agreement:
(a) between:
(i) contractor drivers (the participating drivers ) with whom a hirer or potential hirer proposes to contract for the provision of specified road transport services (theapplicable services ); and
(ii) the hirer or potential hirer of the drivers (the participating hirer ); and
(b) that specifies:
(i) who the participating hirer is; and
(ii) who the participating drivers are; and
(iii) the basis on which the participating drivers became part of that group of drivers; and
(c) that specifies remuneration or related conditions (or both) for participating drivers who provide applicable services to the participating hirer.
The regulations may prescribe a code of conduct in relation to collective bargaining for road transport collective agreements.
the participating hirer and the participating drivers have conducted themselves in accordance with any code of conduct prescribed under subsection 33(3)—
A code of conduct prescribed under subsection (3) must have as its object the facilitation of effective and efficient collective bargaining for road transport collective agreements.
(2) For the purposes of subsection 51(1) of the Competition and Consumer Act 2010, entry into an approval-pending road transport collective agreement … is specified in and specifically authorised by this Act.
The Tribunal consists of:
(a) the President; and
(b) at least 2 and no more than 4 persons who are experienced in workplace relations matters; and
(c) at least 2 and no more than 4 persons who have knowledge of, or experience in, one or more of the following fields …
Under the carbon tax, drivers will be forced to do longer hours, sweat their trucks further, have less maintenance, and that means more deaths.
(ca) the participating hirer and the participating drivers have conducted themselves in accordance with any code of conduct prescribed under subsection 33(3);
When a bill is considered, by leave, as a whole, the debate is widened to include any part of the bill. However, discussion must relate to the clauses of the bill, and it is not in order to make a general second reading speech.
That the House records its deep regret at the death on 12 March 2012, of the Honourable Douglas Barr Scott, former Senator for New South Wales in 1970 and from 1974 to 1985, former Deputy President of the Senate from 1978 to 1979 and former Federal Minister for Special Trade Representations from 1979 to 1980, places on record its appreciation of his long and meritorious public service and tenders its profound sympathy to his family in their bereavement.
… Senator Scott has always been, if I might use an old-fashioned word, a gentleman in dealing with everybody in the Senate, including us, and that has been a very nice quality about his presence here.
Some newspapers are today carrying an exclusive report quoting a retailer claiming that some shopping centre landlords are including a new lease provision passing on the effects of the new carbon tax to retailers.
I think it's very disappointing that the coalition isn't behind this. They should be doing everything they can to help small businesses…
Especially at the moment where we have a two-speed economy with one sector doing very, very well and the rest doing poorly.
…when push comes to shove, if we as the natural friends of small business do not stand up for a fair go for small business people, then we risk them remaining the forgotten people.
A tax cut would enable us to retain staff and even invest in staff training and new machinery and equipment.
Without it, it will be very challenging.
In Caboolture we have twice the national average unemployment rate and we have a local economy that's dependent on small business, retail and tourism…
That so much of the standing and sessional orders be suspended as would prevent the Member for Warringah moving immediately—That this House calls on the Prime Minister to explain—
That so much of the standing and sessional orders be suspended as would prevent the Member for Warringah moving immediately—That this House calls on the Prime Minister to explain why the Government rejected the recommended candidate to chair the Future Fund and to explain further why the Government:
(1) didn’t run a competent selection process; and
(2) hasn’t been honest about the choice of leadership for the Future Fund which is charged with the responsibility of managing $70 billion of taxpayer funds.
My report says that they wanted an insider. In my report it says that there is one person and I indicated to the department that there was strong endorsement for that person.
The decision has been left late every time …
You need to give people information and you need to make decisions in a timely way. It helps to govern the organisation itself.
He made no recommendations.
My job was to advise the government on what the board thought. The board said they wanted an insider and they designated by majority that the insider was Peter.
The House divided. [15:24]
(The Speaker—Hon. Peter Slipper)
That the House take note of the following document:
Dental Benefits Act 2008 —Review on the operation of the Act—Second review, 20 December 2011.
Report relating to the consideration of bills introduced 14 March 2012
1. The committee met in private session on 14 March 2012.
2. The committee determined that the following bills be referred to the Standing Committee on Social Policy and Legal Affairs for inquiry and report:
The adverse effects of Government policy on small businesses in Australia.
… in principle we strongly support company tax cuts … and we wanted to deliver this tax cut …
… we don’t believe in new taxes. We believe in trying to get existing taxes down.
The best thing I can do for business is to cut its tax …
The adverse effects of Government policy on small businesses in Australia.
… the level of violence in terms of the bikie violence has been escalating to a point where we are losing our sensitivity to these events …
The best way to hear the TSO is to hear it live. Classical music is meant for live performance ... and that is where it works its magic best. Anything else is but a mere shadow of the real experience.
The DEPUTY SPEAKER ( Ms AE Burke ) took the chair at 09:30.
To the Honourable The Speaker and Members of the House of Representatives
The petition of certain citizens of Australia draws to the attention of the House:
It is well recognised that breastfeeding is the best start in life for a baby, where breastfeeding is possible. This view is held by the World Health Organisation and UNICEF and continues to be confirmed by medical research. We believe that the decision to breastfeed or not is one that should be made by the mother in consultation with the best available advice from health care professionals. This decision should be free from the commercial influences of those seeking to sell infant formula.
World Health Organisation's International Code of Marketing of Breastmilk Substitutes aims to protect and promote breastfeeding and ensure that when breastmilk substitutes are necessary they are marketed, distributed and used appropriately. Furthermore we note that in Australia, the Federal Government has yet to fully implement WHO's International Code of Marketing of Breastmilk Substitutes which seeks to restrict the marketing activities of infant formula companies so that breastfeeding is not undermined. We note that the Federal Parliament Standing Committee on Health and Ageing recommended the implementation of the WHO Code in Australia in their 2007 report on breastfeeding.
Your petitioners therefore ask the House to fully implement World Health Organisation's International Code of Marketing Breastmilk Substitutes and subsequent World Health Assembly resolutions in law or by an enforceable code, to prevent unethical marketing by those seeking to sell infant formula.
The committee recognises that the implementation of the WHO Code is a significant action but believes that if the Commonwealth Government wants to achieve the goal of 80 per cent of mothers exclusively breastfeeding for the first six months of their baby's life the WHO Code needs to be implemented in Australia. The committee recommends accordingly.
Classification (Publications, Films and Computer Games) Amendment (R 18+ Computer Games) Bill 2012
Under the Act each Participating Minister and the Commonwealth Minister are to agree:
(a) on the classification guidelines;
(b) on amendments to those guidelines; and
(c) on amendments to the Code ...
It is not surprising that when the game involves rehearsing aggressive and violent thoughts and actions, such deep game involvement results in antisocial effects on the player …
Australia has a dynamic and sophisticated game development industry. With experience developing and marketing products for the largest game publishers in the world, Australia offers the best in creative talent, advanced technology and management experience.
'One of the things we were aware of from the outset taking on the inquiry,'
'was that there was considerable dissatisfaction with the R18 classification issue—that this issue had been on the agenda for over a decade and, as you may well be aware, gamers were a very important group in making submissions to this enquiry. So we're certainly aware of the importance of the issue.'
R18+ was an issue that really exemplified and exposed the difficulties of using 20 year old legislation to navigate a post-internet age.
'Games have an interesting status in terms of the Classification Scheme in two respects,' … 'Firstly, the assumption that computer games were considered to be more akin to films and broadcasting proved to be historically significant—you have to remember that decisions were being made in what was largely a pre-internet era.
'Secondly there was a range of what some sociologists and others call 'moral panics', particularly with regards to the interactive nature of games. There was the idea that games impacted on individual behaviour,' …
'This was all, in a sense, amateur psychology—before anyone was playing the kind of games with which we would eventually become familiar. But there was a sort pre-emptive set of assumptions made about the impact of interactivity that continued to resonate through the decisions being made about video game classification.'
… mindful of current community concerns regarding alcohol consumption and refers to one of the underpinning principles of the national Classification Code, being 'minors should be protected from material that is likely to harm or disturb'.
Adults should be able to read, hear and see what they want, and minors should be protected from material likely to harm or disturb them.